REMEDIES IN THE EVENT OF INADEQUATE PERFORMANCE OF THE SERVICES. 11.1 Without prejudice to any other right or remedy which the Customer may have, if any Services are not supplied in accordance with, or the Supplier fails to comply with any of the terms of the Contract then the Customer may (whether or not any part of the Services have been Delivered) do any of the following: 11.1.1 at the Customer's option, give the Supplier the opportunity (at the Supplier's expense) to remedy any failure in the performance of the Services together with any damage resulting from such defect or failure (and where such defect or failure is capable of remedy) or to supply Replacement Services and carry out any other necessary work to ensure that the terms of the Contract are fulfilled, in accordance with the Customer's instructions; 11.1.2 if paragraph 5.1 of the Order Form provides for the payment of Delay Payments, then the Supplier shall pay such amounts (calculated in accordance with paragraph 5.1 of the Order Form) on demand. The Delay Payments will accrue on a daily basis from the relevant Milestone Date and will continue to accrue until the date when the Milestone is Achieved; 11.1.3 carry out, at the Supplier's expense, any work necessary to make the Services comply with the Contract; 11.1.4 without terminating the Contract, itself supply or procure the supply of all or part of the Services until such time as the Supplier shall have demonstrated to the reasonable satisfaction of the Customer that the Supplier will once more be able to supply all or such part of the Services in accordance with the Contract; 11.1.5 without terminating the whole of the Contract, terminate the Contract in respect of part of the Services only (whereupon a corresponding reduction in the Contract Charges shall be made) and thereafter itself supply or procure a third party to supply such part of the Services; and/or 11.1.6 charge the Supplier for and the Supplier shall on demand pay any costs reasonably incurred by the Customer (including any reasonable administration costs) in respect of the supply of any part of the Services by the Customer or a third party to the extent that such costs exceed the payment which would otherwise have been payable to the Supplier for such part of the Services and provided that the Customer uses its reasonable endeavours to mitigate any additional expenditure in obtaining replacement Services. 11.2 In the event that the Supplier: 11.2.1 fails to comply with Clause 5.1.4 and the failure is materially adverse to the interests of the Customer or prevents the Customer from discharging a statutory duty; or 11.2.2 persistently fails to comply with Clause 5.1.4, the Customer may terminate the Contract with immediate effect by giving the Supplier notice in writing.
Appears in 4 contracts
Samples: Courier Services Contract, Courier Services Agreement, Courier Services Agreement
REMEDIES IN THE EVENT OF INADEQUATE PERFORMANCE OF THE SERVICES. 11.1 Without prejudice to any other right or remedy which the Customer may have, if any Services are not supplied in accordance with, or the Supplier fails to comply with any of the terms of the Contract then the Customer may (whether or not any part of the Services have been Deliveredprovided) do any one or more of the following:
11.1.1 at the Customer's option, give the Supplier the opportunity (at the Supplier's expense) expense to either remedy any the failure in the performance of the Services together with any damage resulting from such defect or failure (and where such defect or failure is capable of remedy) or to supply Replacement replacement Services and carry out any other necessary work to ensure that the terms of the Contract are fulfilled, in accordance with the Customer's instructions;
11.1.2 if paragraph 5.1 of refuse to accept any further Services but without any liability to the Order Form provides for the payment of Delay Payments, then the Supplier shall pay such amounts (calculated in accordance with paragraph 5.1 of the Order Form) on demand. The Delay Payments will accrue on a daily basis from the relevant Milestone Date and will continue to accrue until the date when the Milestone is AchievedCustomer;
11.1.3 carry out, out at the Supplier's expense, expense any work necessary to make the Services comply with the Contract;
11.1.4 without terminating the Contract, itself supply or procure the supply of all or part of the Services until such time as the Supplier shall have demonstrated to the reasonable satisfaction of the Customer that the Supplier will once more be able to supply all or such part of the Services in accordance with the Contract;
11.1.5 without terminating the whole of the Contract, terminate the Contract in respect of part of the Services only (whereupon a corresponding reduction in the Contract Charges Price shall be made) and thereafter itself supply or procure a third party to supply such part of the Services; and/or
11.1.6 charge the Supplier for and the Supplier shall on demand pay any costs reasonably incurred by the Customer (including any reasonable administration costs) in respect of the supply of any part of the Services by the Customer or a third party to the extent that such costs exceed the payment which would otherwise have been payable to the Supplier for such part of the Services and provided that the Customer uses its reasonable endeavours to mitigate any additional expenditure in obtaining replacement Services.
11.2 In the event that the Supplier:
11.2.1 fails to comply with Clause 5.1.4 clause 11.1 above and the failure is materially adverse to the interests of the Customer or prevents the Customer from discharging a statutory duty; or
11.2.2 persistently fails to comply with Clause 5.1.4clause 11.1 above, the Customer may terminate the Contract with immediate effect by giving the Supplier notice in writing.
Appears in 2 contracts
Samples: Framework Agreement, Framework Agreement
REMEDIES IN THE EVENT OF INADEQUATE PERFORMANCE OF THE SERVICES. 11.1 8.1 Without prejudice to any other right or remedy which the Customer Contracting Body may have, if any Services are not supplied in accordance with, or the Supplier fails to comply with any of the terms of the this Contract then the Customer Contracting Body may (whether or not any part of the Services have been Delivered) do any of the following:
11.1.1 8.1.1 at the Customer's Contracting Body’s option, give the Supplier the opportunity (at the Supplier's expense) to either remedy any defect in the Services and/or failure in the performance of the Services together with any damage resulting from such defect or failure (and where such defect or failure is capable of remedy) or to supply Replacement services to replace those Services that have not been supplied in accordance with the Contract and carry out any other necessary work to ensure that the terms of the this Contract are fulfilled, in accordance with the Customer's Contracting Body’s instructions;
11.1.2 if paragraph 5.1 8.1.2 reject the Services (in whole or in part) and require the Supplier to remove the Services (in whole or in part) at the risk and cost of the Order Form provides Supplier and a full refund for the payment Services so rejected shall be paid to the Contracting Body forthwith by the Supplier;
8.1.3 refuse to accept any further Services to be Delivered but without any liability to the Contracting Body arising in respect of such refusal;
8.1.4 if the Services have not been Delivered, the Contracting Body shall claim Delay Payments, then Payments from the Supplier and the Supplier shall pay such amounts (calculated in accordance with paragraph 5.1 of the Order FormClause 3.8) on demand. The Delay Payments will accrue on a daily basis from the relevant Milestone Date and will continue to accrue until the date when the Milestone is AchievedAchieved and the Contracting Body provides written confirmation of satisfaction with respect to the completion of the Milestone;
11.1.3 8.1.5 carry out, out at the Supplier's expense, expense any work necessary to make the Services comply with the this Contract;
11.1.4 8.1.6 without terminating the this Contract, itself supply or procure the supply of all or part of the Services until such time as the Supplier shall have demonstrated to the reasonable satisfaction of the Customer Contracting Body that the Supplier will once more be able to supply all or such part of the Services in accordance with the this Contract;
11.1.5 8.1.7 without terminating the whole of the Contract, terminate the Contract in respect of part of the Services only (whereupon a corresponding reduction in the Contract Charges shall be made) and thereafter itself supply or procure a third party to supply such part of the Services; and/or
11.1.6 8.1.8 charge the Supplier for and the Supplier shall on demand pay any costs reasonably incurred by the Customer Contracting Body (including any reasonable administration costs) in respect of the supply of any part of the Services by the Customer Contracting Body or a third party to the extent that such costs exceed the payment which would otherwise have been payable to the Supplier for such part of the Services and provided that the Customer Contracting Body uses its reasonable endeavours to mitigate any additional expenditure in obtaining replacement Replacement Services.
11.2 8.2 In the event that the Supplier:
11.2.1 Supplier fails to comply with Clause 5.1.4 Clauses 3.1 (Supply of the Services) and 3.4 and the failure is materially adverse to the interests of the Customer Contracting Body or prevents the Customer Contracting Body from discharging a statutory duty; or
11.2.2 persistently fails to comply with Clause 5.1.4, the Customer Contracting Body may terminate the this Contract with immediate effect by giving the Supplier notice in writing.
8.3 The Contracting Body shall notify the Supplier of all Faults which result in a failure by the Services to meet the warranties and representations in this Contract and/or any other terms of the Contract which come to the Contracting Body’s attention.
8.4 In respect of the Services, the Contracting Body shall maintain at the Premises a daily log recording any Faults which occur. This daily log shall be in a format agreed between the Parties and shall be available for inspection by the Supplier.
Appears in 2 contracts
Samples: Framework Agreement, Order Form
REMEDIES IN THE EVENT OF INADEQUATE PERFORMANCE OF THE SERVICES. 11.1 16.1. Without prejudice to any other right or remedy which the Customer Trust may have, if any Services are not supplied in accordance with, or the Supplier fails to comply with any of the terms of the Contract of, this Agreement then the Customer Trust may (whether or not any part of the Services have been Deliveredprovided) do any one or more of the following:
11.1.1 16.1.1. at the CustomerTrust's option, give the Supplier the opportunity (at the Supplier's expense) expense to either remedy any the failure in the performance of the Services together with any damage resulting from such defect or failure (and where such defect or failure is capable of remedy) or to supply Replacement replacement Services and/or Equipment and carry out any other necessary work to ensure that the terms of the Contract this Agreement are fulfilled, in accordance with the Customer's instructions;
11.1.2 if paragraph 5.1 16.1.2. suspend the performance or the delivery of the Order Form Services;
16.1.3. if the Requirements provides for the payment of Delay Payments, then the Supplier shall pay such amounts (calculated in accordance with paragraph 5.1 of the Order Form) on demandamounts. The Delay Payments will accrue on a daily basis from the relevant Milestone Date and will continue to accrue until the date when the Milestone Requirement is Achieved;
11.1.3 16.1.4. carry out, out at the Supplier's expense, expense any work necessary to make the Services comply with the Contractthis Agreement;
11.1.4 16.1.5. without terminating the Contractthis Agreement, itself supply or procure the supply of all or part of the Services until such time as the Supplier shall have demonstrated to the reasonable satisfaction of the Customer Trust that the Supplier will once more be able to supply all or such part of the Services in accordance with the Contractthis Agreement;
11.1.5 without terminating the whole of the Contract, 16.1.6. terminate the Contract this Agreement in respect of part of the Services only (whereupon a corresponding reduction in the Contract Charges Price shall be made) and thereafter itself supply or procure a third party to supply such part of the Services; and/or
11.1.6 16.1.7. charge the Supplier for and the Supplier shall on demand pay any costs reasonably incurred by the Customer Trust (including any reasonable administration costs) in respect of the supply of any part of the Services by the Customer Trust or a third party to the extent that such costs exceed the payment which would otherwise have been payable to the Supplier for such part of the Services and provided that the Customer Trust uses its reasonable endeavours to mitigate any additional expenditure in obtaining replacement Services.
11.2 16.2. In the event that the Supplier:
11.2.1 16.2.1. fails to comply with Clause 5.1.4 clause 16.1 above and the failure is materially adverse to the interests of the Customer Trust or prevents the Customer Trust from discharging a statutory duty; or
11.2.2 16.2.2. persistently fails to comply with Clause 5.1.4clause 16.1 above, the Customer Trust may terminate the Contract this Agreement with immediate effect by giving the Supplier notice in writing.
Appears in 1 contract
Samples: Supply Agreement
REMEDIES IN THE EVENT OF INADEQUATE PERFORMANCE OF THE SERVICES. 11.1 11.1. Without prejudice to any other right or remedy which the Customer Authority may have, if any Services are not supplied in accordance with, or the Supplier fails to comply with any of the terms of the Contract of, this Agreement then the Customer Authority may (whether or not any part of the Services have been Deliveredprovided) do any one or more of the following:
11.1.1 11.1.1. at the CustomerAuthority's option, give the Supplier the opportunity (at the Supplier's expense) expense to either remedy any the failure in the performance of the Services together with any damage resulting from such defect or failure (and where such defect or failure is capable of remedy) or to supply Replacement replacement Services and carry out any other necessary work to ensure that the terms of the Contract this Agreement are fulfilled, in accordance with the Customer's instructions;
11.1.2 if paragraph 5.1 11.1.2. suspend the performance or the delivery of the Order Form provides for the payment of Delay Payments, then the Supplier shall pay such amounts (calculated in accordance with paragraph 5.1 of the Order Form) on demand. The Delay Payments will accrue on a daily basis from the relevant Milestone Date and will continue to accrue until the date when the Milestone is AchievedServices;
11.1.3 11.1.3. carry out, out at the Supplier's expense, expense any work necessary to make the Services comply with the Contractthis Agreement;
11.1.4 11.1.4. without terminating the Contractthis Agreement, itself supply or procure the supply of all or part of the Services until such time as the Supplier shall have demonstrated to the reasonable satisfaction of the Customer Authority that the Supplier will once more be able to supply all or such part of the Services in accordance with the Contractthis Agreement;
11.1.5 without terminating the whole of the Contract, 11.1.5. terminate the Contract this Agreement in respect of part of the Services only (whereupon a corresponding reduction in the Contract Charges Price shall be made) and thereafter itself supply or procure a third party to supply such part of the Services; and/or
11.1.6 11.1.6. charge the Supplier for and the Supplier shall on demand pay any costs reasonably incurred by the Customer Authority (including any reasonable administration costs) in respect of the supply of any part of the Services by the Customer Authority or a third party to the extent that such costs exceed the payment which would otherwise have been payable to the Supplier for such part of the Services and provided that the Customer Authority uses its reasonable endeavours to mitigate any additional expenditure in obtaining replacement Services.
11.2 11.2. In the event that the Supplier:
11.2.1 11.2.1. fails to comply with Clause 5.1.4 clause 11.1 above and the failure is materially adverse to the interests of the Customer Authority or prevents the Customer Authority from discharging a statutory duty; or
11.2.2 11.2.2. persistently fails to comply with Clause 5.1.4clause 11.1 above, the Customer Authority may terminate the Contract this Agreement with immediate effect by giving the Supplier notice in writing.
Appears in 1 contract
Samples: Agreement Relating to the Supply of Exhibition Loans Transport Services
REMEDIES IN THE EVENT OF INADEQUATE PERFORMANCE OF THE SERVICES. 11.1 The Supplier shall respond promptly to all complaints, oversights and omissions identified by the Customer and shall immediately make good any default on its part at its own expense.
11.2 Without prejudice to any other right or remedy which the Customer may have, if any Services are not supplied in accordance with, or the Supplier fails to comply with any of the terms of the Contract then the Customer may acting reasonably (whether or not any part of the Services have been Delivereddelivered) do any of the following:
11.1.1 11.2.1 at the Customer's option, give the Supplier the opportunity (at the Supplier's expense) to remedy any failure in the performance of the Services together with any damage resulting from such defect or failure (and where such defect or failure is capable of remedy) or to supply Replacement Services and carry out any other necessary work to ensure that the terms of the Contract are fulfilled, in accordance with the Customer's instructions;
11.1.2 if paragraph 5.1 of the Order Form provides for the payment of Delay Payments, then the Supplier shall pay such amounts (calculated in accordance with paragraph 5.1 of the Order Form) on demand. The Delay Payments will accrue on a daily basis 11.2.2 refuse to accept any further Services from the relevant Milestone Date and will continue to accrue until the date when the Milestone is AchievedSupplier;
11.1.3 11.2.3 without any liability to the Customer, itself carry out, at the Supplier's expense, any work necessary to make the Services comply with the Contract;
11.1.4 11.2.4 without terminating the Contract, itself supply or procure the supply of all or part of the Services until such time as the Supplier shall have demonstrated to the reasonable satisfaction of the Customer that the Supplier will once more be able to supply all or such part of the Services in accordance with the Contract;
11.1.5 11.2.5 without terminating the whole of the Contract, terminate the Contract in respect of part of the Services only (whereupon a corresponding reduction in the Contract Charges shall be made) and thereafter itself supply or procure a third party to supply such part of the Services; and/or
11.1.6 11.2.6 charge the Supplier for and the Supplier shall on demand pay any costs reasonably incurred by the Customer (including any reasonable administration costs) in respect of the supply of any part of the Services by the Customer or a third party to the extent that such costs exceed the payment which would otherwise have been payable to the Supplier for such part of the Services and provided that the Customer uses its reasonable endeavours to mitigate any additional expenditure in obtaining replacement Services.
11.2 In 11.3 The Supplier acknowledges that any Material Breach of the event that Contract shall entitle the Authority to terminate the Framework Agreement with the Supplier:
11.2.1 fails to comply with Clause 5.1.4 and the failure is materially adverse to the interests of the Customer or prevents the Customer from discharging a statutory duty; or
11.2.2 persistently fails to comply with Clause 5.1.4, the Customer may terminate the Contract with immediate effect by giving the Supplier notice in writing.
Appears in 1 contract
Samples: Framework Agreement
