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
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:
7.10.2 the same is notified in writing to the Supplier within twenty eight (28) Working Days of receipt and inspection of the Goods by the Customer. The Supplier and Customer shall agree the date of inspection of the Delivered Goods in the Implementation Plan. In the event that no such date is specified in the Implementation Plan (or elsewhere in the Call Off Contract), then Clause 7.10.1 shall apply if damage to or loss of the Goods is notified in writing to the Supplier within twenty eight (28) Working Days of the Delivery of the Goods at the Customer’s nominated site; and
7.10.3 the Goods have been handled by the Customer in accordance with the Supplier's instructions.
7.10.4 Where the Supplier accepts responsibility under Clause 7.10.1 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. Return of the Damaged Goods shall be at the Supplier’s cost. For the avoidance of doubt, the Customer shall not approve any Damaged or lost Goods as Delivered, and for the purposes of the Implementation Plan such Goods shall be deemed as Undelivered Goods.
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...
