Common use of REMEDY OF DEFECTS Clause in Contracts

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.

Appears in 20 contracts

Samples: www.alstom.com, www.alstom.com, www.alstom.com

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REMEDY OF DEFECTS. In theeventthatadefectisdiscoveredin anypartof the Supplyduring thewarrantyperiod event that a defect is discovered in any part of the Supply during the warranty period 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 anydefectany defect, the Purchasershallbeentitledtocarryoutthenecessaryworksitselforthrough Purchaser shall be entitled to carry out the necessary works itself or through a third party, at the costs and risks of the Supplier.

Appears in 2 contracts

Samples: www.alstom.com, www.alstom.com

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 thecosts and risks of the Supplier.

Appears in 1 contract

Samples: www.alstom.com

REMEDY OF DEFECTS. In theeventthatadefectisdiscoveredin anypartof the Supplyduring thewarrantyperiod Supplyduringthewarranty period 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.

Appears in 1 contract

Samples: www.alstom.com

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REMEDY OF DEFECTS. In theeventthatadefectisdiscoveredin anypartof the Supplyduring thewarrantyperiod anypartofthe Supplyduringthewarrantyperiod 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.

Appears in 1 contract

Samples: www.alstom.com

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