Common use of Remedies for Breach of Warranties Against Defects, Etc Clause in Contracts

Remedies for Breach of Warranties Against Defects, Etc. 10.2.1 If any DFC Modules or DFC Components delivered do not meet the warranties set forth in Article 10.1 during the warranty period, the Buyer shall promptly notify the Seller in writing. The Seller shall, at its own expense and cost, correct the defects by: (i) repairing the defective parts of the Equipment, (ii) replacing the defective parts if repair is impossible; or (iii) providing an equitable adjustment of the Contract Price. For the avoidance of doubt, the Seller shall bear all costs and expenses incurred in connection with any of the above corrective measures, including customs clearance at a Korean port, inland transportation from the port to the Site and field labor.

Appears in 4 contracts

Samples: Purchase and Sale Contract (Fuelcell Energy Inc), Purchase and Sale Contract (Fuelcell Energy Inc), Purchase and Sale Contract (Fuelcell Energy Inc)

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