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.
(b) However, if it is impractical (which shall include, but not be limited to, an emergency) to bring the VESSEL to the SHIPYARD, the BUYER may cause the necessary repairs or replacements to be made elsewhere which is deemed by the BUYER with the consent of the BUILDER which shall not be unreasonably withheld, to be suitable for the purpose, provided that, in such event, the BUILDER may forward or supply replacement parts or materials under the terms described in (c) hereinbelow, unless forwarding or supplying thereof under the terms described in (c) hereinbelow would impair or delay the operation or working schedule of the VESSEL. In the event that the BUYER proposes to cause the necessary repairs or replacements to be made to the VESSEL at any shipyard or works other than the SHIPYARD, the BUYER shall first (but in all events as soon as reasonably possible) give the BUILDER notice by email or facsimile of the time and place such repairs will be made, and if the VESSEL is not thereby delayed, or her operation or working schedule is not thereby impaired, the BUILDER shall have the right to verify by its own representative(s) the nature and extent of the defects complained of. The BUILDER shall, in such case, promptly advise the BUYER by email or facsimile, after such examination has been completed, of its acceptance or rejection of the defects as ones that are covered by the guarantee herein provided. Upon the BUILDER's acceptance of the defects as justifying remedy under this Article, or upon award of the arbitration so determining, the BUILDER shall compensate the BUYER an amount equal to the reasonable cost of making the same repairs or replacements at the SHIPYARD.
(c) In the event that it is necessary for the BUILDER to forward a replacement for a defective part under this guarantee, replacement parts shall be shipped to the BUYER under the C.I.F terms to the BUY...
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. 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. 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 a) The Builder shall remedy at its own expense any defect, against which the Vessel or any of its parts or equipment is guaranteed under this Article, by making all necessary repairs and replacements. Such repairs or replacements will be made at Builder's shipyard if the Vessel can be conveniently brought there.
b) If the Owner and the Builder agree that the replacements or repairs under this Article cannot be conveniently made at the Builder's shipyard, the Owner may have such repairs and/or replacements carried out elsewhere. In such a case the Builder's guarantee will not extend to the workmanship involved in making such replacements or repairs. The Builder shall reimburse the Owner the documented expenses for such replacements or repairs.
REMEDY OF DEFECTS. If, during the term, the Licensee discovers any error, omission or other defect in relation to the
REMEDY OF DEFECTS. Regardless of findings of unsatisfactory service and assessment of UPI points, CONTRACTOR must, within a reasonable time period specified by COUNTY, remedy any and all defects in the provision of CONTRACTOR’s services and, as deemed necessary by the CCA, perform such services again at an acceptable level.
REMEDY OF DEFECTS. The Producer shall have the right and the obligation to remedy Defects as promptly as the circumstances demand. The Producer is entitled to remedy defects in whole or in part through replacement of parts included in the Production. Should the Producer fail to remedy the defect or deficiency as specified above, the Customer may give the Producer a reasonable deadline for such remedy to be taken. The Customer shall be entitled to a price reduction commensurate to the Defect if the Defect is not remedied within two weeks. The price reduction shall not exceed seven and a half (7.5%) percent of the Producer’s total remuneration for the Production. The Producer’s liability for Defects in the Production is limited to what is set forth in this Section 9.3.
REMEDY OF DEFECTS. (a) BUILDER shall remedy at its expense any defects, against which the DRILLSHIP is warranted under this Article by making all necessary repairs or replacements at the SHIPYARD.
(b) However, if it is impractical to bring the DRILLSHIP to the SHIPYARD, BUYER shall cause the necessary repairs or replacements to be made at another place suitable for the purpose, provided that, in such event, BUILDER shall forward, procure or supply replacement parts or materials to the DRILLSHIP on cost, insurance and freight (“CIF”) terms unless such forwarding or supply thereof to the DRILLSHIP would impair or delay the operation or working schedule of the DRILLSHIP. In this case, BUYER shall be responsible for handling of the replacement parts or materials after BUILDER’s CIF delivery. Thereafter, BUYER shall first try to have the defects be remedied by the DRILLSHIP’s crew as far as practically possible, in which case no compensation by BUILDER shall be made to BUYER for the works performed by the DRILLSHIP’s crew.
REMEDY OF DEFECTS. (a) If, on purported Redelivery, the Lessor (or its agents or nominees) determines that the Aircraft is not in the condition specified in Clause 19.2 (Condition of Aircraft), the Lessor may require the Head Lessee at the Head Lessee's own expense, to remedy any defects or deficiencies in the Aircraft and the Head Lessee shall promptly comply with any such requirement.
(b) If the Head Lessee fails so to comply, the Lessor or the Relevant Agent may remedy such defects and deficiencies and recover on demand from the Head Lessee the costs so incurred, together with interest at the Default Rate from the date of expenditure by the Lessor or, as the case may be, the Relevant Agent, of the relevant cost until the date of recovery thereof from the Head Lessee (both before, on and after any relevant judgment).
