Common use of Repair and Replacement of Parts Clause in Contracts

Repair and Replacement of Parts. Without prejudice to sub-clause 11.1, in the event that during the Warranty Period: (a) any defect appears in any part or parts of the Works, or the Works fail to operate in accordance with the Employer's Requirements and/or the Contractor's Specification; or (b) any claim arises out of an alleged infringement of intellectual property rights in respect of any part or parts of the Works, the Contractor undertakes, as soon as practicable but not later than within 7 days of a notice given by the Employer/Engineer to the Contractor, with due regard for the nature and extent of the non-performance or defect or alleged infringement and for the circumstances in general, to replace the relevant part or parts free of charge, and to deliver or repair the same at the Contractor's expense at the Site provided that any such repairs or replacements shall be made without prejudice to the Employer’s other rights and remedies. Notwithstanding any other provisions of the Contract, if a defect is of a type preventing or materially restricting handling operations, the Employer shall be entitled to immediately undertake rectification works at the Contractor’s risk and expense. The Employer shall notify the Contractor about the fact and use only original Spare Parts.