Responsibility for Damage to or Loss of the Goods Sample Clauses

Responsibility for Damage to or Loss of the Goods. Without prejudice to the Supplier’s other obligations to provide the Goods in accordance with this Call Off Contract, the Supplier accepts responsibility for all damage to or loss of the Goods if: the same is notified in writing to the Supplier within three (3) Working Days of receipt and inspection of the Goods by the Customer; and the Goods have been handled by the Customer in accordance with the Supplier's instructions. Where the Supplier accepts responsibility under Clause 8.10.1 it shall, at its sole option, replace or repair the Goods (or part thereof) within such time as is reasonable having regard to the circumstances and as agreed with the Customer
Sample 1Sample 2Sample 3See All (23)
AutoNDA by SimpleDocs
Responsibility for Damage to or Loss of the Goods. Without prejudice to the Supplier’s other obligations to provide the Goods in accordance with this Lease Agreement, the Supplier accepts responsibility for all damage to or loss of the Goods if the: same is notified in writing to the Supplier within three (3) Working Days of receipt and inspection of the Goods by the Customer; and Goods have been handled by the Customer in accordance with the Supplier's instructions. Where the Supplier accepts responsibility under Clause 12.7.1, it shall, at its sole option, replace or repair the Goods (or part thereof) within such time as is reasonable having regard to the circumstances and as agreed with the Customer. The Supplier shall permit the Customer and/or its authorised representatives to make any inspections or tests on the Goods, which may reasonably be required and the Supplier shall afford all reasonable facilities and assistance free of charge at the Supplier’s premises. No failure to make complaint at the time of such inspection or tests and no Approval given during or after such tests of the Goods or inspections shall constitute a waiver by the Customer of any rights or remedies in respect of the Goods and, in particular, the Customer retains the right to reject the Goods. The Customer may by written notice to the Supplier reject any of the Goods, which fail to conform to the approved sample or fail to meet the specification stated in the Order Form. Such notice shall be given within a reasonable time after delivery to the Customer of the Goods concerned. If the Customer rejects any of the Goods pursuant to this clause the Customer shall be entitled (without prejudice to other rights and remedies) either: to have the Goods concerned as quickly as possible and in any event within 5 Working Days either repaired by the Supplier or (as the Customer shall elect) replaced by the Supplier with Goods that conform in all respects with the approved sample or with the specification set out in the Order Form and due delivery shall not be deemed to have taken place until such repair or replacement has occurred; or to treat the Lease Agreement as discharged by the Supplier’s breach and require a refund from the Supplier in respect of any Rental or other charges paid by the Customer in respect of the Goods concerned together with payment of any additional expenditure over and above the price incurred by the Customer in obtaining replacement goods in replacement provided that the Customer uses its reasonable endeavours to...
Sample 1
Responsibility for Damage to or Loss of the Goods. 7.10.1 Without prejudice to the Supplier’s other obligations to provide the Goods in accordance with this Call Off Contract, the Supplier accepts responsibility for all damage to or loss of the Goods if:
Sample 1

Related to Responsibility for Damage to or Loss of the Goods

  • Liability for loss or damage Subject to the provisions of the Occupiers Liability Act 1957 and the Defective Premises Act 1972, we shall not in any circumstances incur any liability in respect of loss or damage to any person or property or otherwise, unless the loss or damage was caused by our negligence.

  • OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU 14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Agreement or our failure to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen, or if, at the time the Agreement is made, both we and you knew it might happen. We are not responsible for any loss or damage you suffer which is a result of you breaking this Agreement or you acting fraudulently.

  • Responsibility for Damage Resident is solely responsible for any damage, defacement or loss within the assigned bedroom space. All assigned residents of an apartment are jointly and severally responsible for any damage, defacement or loss to common areas, other parts of the facility, fixtures or appliances, except for the portion of damages over $100,000 where it is finally established that Resident or one or more other residents of the apartment were solely at fault for the entire loss, in which case such person(s) will be solely responsible. Resident is fully responsible for the conduct of Resident’s guests, visitors, licensees and invitees (“Guests”), including without limitation harm to individuals or damage or defacement of any part of the Property or its fixtures or property of third parties (including other residents) by such Guests.

  • Liability for Damage Each party shall be liable to the other for all damage to the property of the other negligently, recklessly or intentionally caused by that party (or their agents, employees or invitees), except to the extent the loss is insured and subrogation is waived under the owner's policy.

  • Responsibility for Damages Contractor is responsible for all damage that occurs as a result of Contractor’s fault or negligence or that of its’ employees, agents, or representatives in connection with the performance of this Contract. Contractor shall immediately report any such damage to people and/or property to the Contract Administrator.

  • Liability for Damages 1. The Purchaser shall be liable for any damages sustained by the State arising from Purchaser’s breach of the terms of this Contract and the State may cause all or part of the performance bond to be forfeited to recover such damages.

  • Liability for Loss If Included Timber is destroyed or damaged by an unexpected event that significantly changes the nature of Included Timber, such as fire, wind, flood, insects, disease, or similar cause, the party holding title shall bear the timber value loss resulting from such destruction or damage; except that such losses after removal of timber from Sale Area, but before Scaling, shall be borne by Purchaser at Current Contract Rates and Required Deposits. Deterioration or loss of value of salvage timber is not an unexpected event, except for deterioration due to delay or interruption that qualifies for Contract Term Adjustment or under B8.33. In the event Included Timber to which Forest Service holds title is destroyed, Purchaser will not be obligated to remove and pay for such timber. In the event Included Timber to which Forest Service holds title is damaged, Contracting Officer shall make an appraisal to determine for each species the difference between the appraised unit value of Included Timber immediately prior to the value loss and the appraised unit value of timber after the loss. Current Contract Rates in effect at the time of the value loss shall be adjusted by differences to become the redetermined rates. There shall be no obligation for Forest Service to supply, or for Purchaser to accept and pay for, other timber in lieu of that destroyed or damaged. This Subsection shall not be construed to relieve either party of liability for negligence.

  • Liability for defects Aptum is dependent on manufacturers and developers of the Branded Products for updates and patches, including security patches, and will have no liability to Customer, Customer’s Users or any third party with respect to security vulnerabilities inherent in the applicable Branded Products.

  • Responsibility for Loss In the event the Computer is lost or stolen, the Student and Parent may be billed the full cost of replacement.

  • Responsibility For Damages Or Injury The County its elected and appointed officials, officers, employees, agents and those special districts and agencies which County’s Board of Supervisors acts as the governing Board (“County Indemnitees”) shall not be answerable or accountable in any manner: for any loss or damage that may happen to the Project or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the Project; for injury to or death of any person either workers or the public; or for damage to property from any cause which might have been prevented by the Contractor, or his workers, or anyone employed by him. The Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects or obstructions or from any cause whatsoever during the progress of the Project or at any time before its completion and final acceptance. The Contractor shall indemnify, defend with counsel approved in writing by County and save harmless the County Indemnitees from all claims, suits or actions of every name, kind and description, brought for, or on account of, injuries to or death of any person or damage to property resulting from the construction of the Project or by or in consequence of any negligence in guarding the Project; use of improper materials in construction of the Project; or by or on account of any act or omission by the Contractor or his agents during the progress of the Work or at any time before the completion and final acceptance of the Project. In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the County may be retained by it until disposition has been made of such suits or claims for damages as aforesaid. If judgment is entered against Contractor and County by a court of competent jurisdiction because of the concurrent active negligence of County and County Indemnitees, Contractor and County agree that liability will be apportioned as determined by the court. Neither Party shall request a jury apportionment. Notwithstanding anything stated above, nothing contained herein shall relieve Contractor of any insurance requirements of obligations created elsewhere in this Contract.

Time is Money Join Law Insider Premium to draft better contracts faster.