REMEDY OF DEFECTS. (a) The BUILDER shall remedy, at its expense, any Defect against which the VESSEL is guaranteed under this Article, by making all necessary repairs or replacements at the Shipyard.
REMEDY OF DEFECTS. In theeventthatadefectisdiscoveredin anypartof the Supplyduring thewarrantyperiod applicable to such part, the Purchaser shall notify the Supplier thereof in writing and the Purchaser shall demonstrate to the Supplier that a defect exists, without having the obligation to prove the cause of the defect nor that the defect is to be attributed to the Supplier, whereupon, unless the Suppler shall prove that such defect was caused by the fault of the Purchaser or arises from normal wear and tear, the Supplier shall promptly commence and diligently complete the necessary works to correct the defect at its own cost. The Purchaser shall grant the Supplier access to any part of the Supply which may have been taken over by the Purchaser in order to allow the Supplier to carry out such remedial works, at such time as the Purchaser may at its sole discretion decide so as to minimise disruption to the operation of the works. If the Supplier shall fail to commence promptly or to complete diligently the correction of anydefect, the Purchasershallbeentitledtocarryoutthenecessaryworksitselforthrough a third party, at the costs and risks of the Supplier.
REMEDY OF DEFECTS. (a) The BUILDER shall remedy, at its expense, any DEFECT against which the VESSEL or any part of the machinery or equipment thereof is guaranteed under this Article IX, by making all necessary repairs or replacements at the SHIPYARD or elsewhere as provided for in (b) hereinbelow.
REMEDY OF DEFECTS. If, in the opinion of the Owner, a defect exists, or functional or structural deterioration takes place, or substantial departure from the standards or original construction exists in the Work or improvements as stated in the definition of "guaranty/warranty", the Owner shall so notify the Contractor by certified letter mailed to the address given in the Contractor's Proposal, or to the Contractor's last business address known to him who gives the notice. It is mutually agreed that such notice shall be sufficient and adequate. If the Contractor shall not proceed to remedy such defects, deficiencies, deterioration, or departures as are called to his attention in the notice within seven (7) consecutive Calendar Days after mailing of notice, the Owner shall cause the repairs to be made as the Owner deems best, and the entire cost thereof shall be paid by the Contractor or his Surety or deducted from any amounts then or thereafter as due to the Contractor from the Owner.
REMEDY OF DEFECTS. (a) The BUILDER shall remedy, at its expense, any defects, against which the VESSEL is guaranteed under this Article, by making all necessary repairs or replacements at the SHIPYARD or elsewhere as provided for in (b) hereinbelow. In such case, the VESSEL shall be taken at the BUYER's cost and responsibility to the place selected, ready in all respects for such repairs or replacements and in any event, the BUILDER shall not be responsible for towage, dockage, wharfage, port charges and anything else incurred for the BUYER's getting and keeping the VESSEL ready for such repairing or replacing.
REMEDY OF DEFECTS. The SELLER shall remedy at its expense any defects, against which the VESSEL or any part of the equipment thereof is guaranteed under this Article by making all necessary repairs and/or replacement. Such repairs and/or replacement will be made by the SELLER. However, if it is impractical to make the repair by the SELLER, and if forwarding by the SELLER of replacement parts, and materials can not be accomplished without impairing or delaying the operation or working of the VESSEL, then, in any such event, the BUYER shall cause the necessary repairs or replacements to be made elsewhere at the discretion of the BUYER provided that the BUYER shall first and in all events, will, as soon as possible, give the SELLER notice in writing, or by telefax confirmed in writing of the time and place such repairs will be made and, if the VESSEL is not thereby delayed, or her operation or working is not thereby delayed, or her operation or working is not thereby impaired, the SELLER shall have the right to verify by its own representative(s) or that of Classification Society the nature and extent of the defects complained of. The SELLER shall, in such cases, promptly advise the BUYER, by telefax, after such examination has been completed, of its acceptance or rejection of the defects as ones that are subject to the guarantee herein provided. In all minor cases, the Guarantee Engineer, as hereinafter provided for, will act for and on behalf of the SELLER. In any circumstances as set out below, the SELLER shall immediately pay to the BUYER in United States Dollars by telegraphic transfer the actual cost for such repairs or replacements including forwarding charges, or at the average cost for making similar repairs or replacements including forwarding charges as quoted by a leading shipyard each in China, Japan, South Korea and Singapore, whichever is lower:
REMEDY OF DEFECTS. (a) The BUILDER shall remedy, at its expense, any defects, against which the VESSEL is guaranteed under this Article, by making all necessary and reasonably practicable repairs or replacements at the SHIPYARD or elsewhere as provided for in (b) hereinbelow. In such case, the VESSEL shall be taken at the BUYER’s cost and responsibility to the place selected, ready in all respects for such repairs or replacements and in any event, the BUILDER shall not be responsible for towage, dockage, wharfage, port charges and anything else incurred for the BUYER’s getting and keeping the VESSEL ready for such repairing or replacing.
REMEDY OF DEFECTS. (i) The Builder shall remedy, at its expense, any defects, against which the Vessel is guaranteed under this Article, by making all necessary repairs or replacements at the Shipyard or elsewhere as provided for in (ii) hereinbelow. In such case the Builder shall not be responsible for towage, dockage, wharfage, port charges and anything else incurred for the Buyer’s getting and keeping the Vessel ready for such repairing or replacing.
REMEDY OF DEFECTS. 10.5 Subject to the terms of the Agreement, Grundfos shall remedy defective (parts of a) product or services covered by the warranty. Grundfos decides whether Grundfos remedies by repair or replacement (in whole or part) of the defective (part of the) product or services. Grundfos remedies defects as soon as possible within normal working hours.
REMEDY OF DEFECTS. The SELLER shall remedy at its expense free of charge to the BUYER any defects, against which the VESSEL or any part of the equipment thereof is guaranteed under this Article by making all necessary repairs and/or replacement. Such repairs and/or replacement will be made by the SELLER. The Seller will provide another 12 months guarantee for the replaced parts, however the maximum guarantee period will not exceed 18 months after the delivery of the vessel. However, if it is impractical to make the repair by the SELLER, and if forwarding by the SELLER of replacement parts, and materials cannot be accomplished without impairing or delaying the operation or working of the VESSEL, then, in any such event, the BUYER may subject to the SELLER’S consent in writing, not to be unreasonably withheld, cause the necessary repairs or replacements to be made elsewhere at the discretion of the BUYER, provided that the BUYER shall first give the SELLER notice in writing by letter, telefax, or telex of the time and place such repairs will be made and, if the VESSEL, or her operation or working is not thereby delayed or impaired, the SELLER shall have the right to verify by its own representative(s) or that of Classification Society the nature and extent of the defects complained of. The SELLER shall, in such cases, promptly advise the BUYER, by telex, after such examination has been completed, of its acceptance or rejection of the defects as ones that are subject to the guarantee herein provided. lit all minor cases, the Guarantee Engineer(s), as hereinafter provide for, will act for and on behalf of the SELLER. Upon the SELLER’s acceptance of the defects as justifying remedy under this Article, or upon award of the arbitration so determining, the SELLER shall pay to the BUYER in freely transferable United States Dollars, whatever actual costs for such repairs or replacements, including forwarding charges, as either agreed or awarded by the arbitration tribunal to the BUYER, same not to exceed the costs of effecting such repairs in a average shipyard in China. Any dispute under this Article shall he referred to arbitration in accordance with the provisions of Article 13 hereof. Any liabilities outstanding at the end of the guarantee period, shall be settled within thirty (30) days after the amounts have been agreed between the parties or in case of disagreement, upon publication of the Arbitration Award.
