Supplementary performance Sample Clauses

Supplementary performance. Matrix42 may at its choice remedy defects in the Supplied item through the replacement delivery of a non-defective item or by removing the defect.
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Supplementary performance. In the case of justified complaints, the Licencee has the right to replacement. The Licencee may only declare withdrawal from the Agreement and request a refund of the licence fee if subsequent performance fails.
Supplementary performance. 10.5.1 If defects are reported to Peak Solution during the course of the warranty period, Peak Solution shall provide supplementary performance. The supplementary performance can at the option of Peak Solution be provided by the elimination of defects or by delivering a new product. The elimination of defects can also be performed by telephone or written instructions to the customer via remote data transmission or the shipment of data media with correction software. In these cases, the customer undertakes to implement the instructions given, provided it can be reasonably expected that he enables the remote data transfer and installs the correction software immediately after it is supplied. A technical software workaround is also considered to be an elimination of defects, provided that use of the service for the contractually intended use is not impaired by this. 10.5.2 The following response times apply from the time when a defect is reported to Peak Solution:
Supplementary performance. Annex 3: Voith Conditions for Supplies, Services and development of Software/Hardware in the Context of IT & OT & E/E System Solutions | U.S. Version 2024 9 | 11 The Vendor shall rectify defects immediately and within an appropriate period during the warranty period, taking account of the Customer's interests, and either deliver an improved version of the Contractual Service or provide the Contractual Service from new. If use in accordance with the contract causes an impairment of the rights of third parties, the Vendor shall either modify the Contractual Service so that it does not infringe the protected rights or obtain authorization so that the Contractual Service can be used in accordance with the contract without any limitation and without additional cost for the Customer. The provision of a replacement solution or a workaround can be used as a short-term measure to provide a temporary solution or to bypass the effects of a defect. The defect is not deemed to be rectified until it has been fully resolved within a reasonable period of time. If the Vendor fails to rectify the defect immediately and if the Customer suffers an unreasonably high disadvantage in relation to the Vendor’s disadvantage due to the failure to remedy the defect immediately, the Customer shall be entitled to remedy the defect himself, to have it remedied or to procure a replacement at the Vendor’s expense. The costs to be reimbursed by the Vendor shall not be disproportionate and shall be limited to the amount which the Vendor would have incurred if it had rectified the defect itself within the rectification period to which it is entitled. Further legal or contractual claims remain reserved.
Supplementary performance. 6.1 No warranty is assumed for damage due to the following reasons: Unsuitable or improper use, faulty assembly by the Purchaser or third parties, natural wear and tear, faulty or negligent handling, unsuitable operating materials, defective construction work, unsuitable foundation soil, substitute materials, chemical, electrochemical or electrical influences, improper modification or repair work carried out by the Purchaser or third parties without prior approval by the Seller. 6.2 Insofar as there is a defect in the purchased item and the Buyer has fulfilled its obligation under Section 5 of these Terms and Conditions, the Buyer shall be entitled, at its option, to remedy the defect or to deliver an item free of defects (subsequent performance). If the type of supplementary performance chosen by the Buyer is disproportionate, the Seller shall be entitled to refuse this type of supplementary performance without prejudice to its rights under Section 275 (2) and (3) of the German Civil Code (BGB). In this case, the Buyer's claim shall be limited to the other type of supplementary performance; the Seller's right to refuse this type of supplementary performance as well under the conditions of the preceding sentence shall remain unaffected. If the Buyer does not declare which of the two rights he chooses, the Seller may set a reasonable deadline for this. If the Buyer does not make the choice within the deadline, the right of choice shall pass to the Seller upon expiry of the deadline. 6.3 Furthermore, subsequent performance may be refused as long as the Buyer does not fulfill its payment obligation towards the Seller to an extent corresponding to the defect-free part of the services rendered. This shall not apply if the defective performance is of no value to the Buyer. 6.4 The Buyer shall give the Seller the time and opportunity required for the subsequent performance owed, in particular to hand over the rejected goods for inspection purposes. In the event of a replacement delivery, the Buyer shall return the defective goods to the Seller in accordance with the statutory provisions. 6.5 If the supplementary performance fails, the Buyer shall have the option either to reduce the purchase price accordingly or to withdraw from the contract in accordance with the statutory provisions, setting a grace period. In the case of an insignificant defect, however, there shall be no right of withdrawal. Failure shall only be deemed to have occurred after the second unsuc...

Related to Supplementary performance

  • SUPPLEMENTARY PREAMBLES For preambles see "Specifications of materials and methods to be used - PW 371" 1 Panes not exceeding 0,1 m2 m2 3 GRFD3 BLOCK Bill No. 11 GLAZING Item No Quantity Rate Amount SECTION 3 BILL NO. 12 PAINTWORK SUPPLEMENTARY PREAMBLES For preambles see "Specifications of materials and methods to be used - PW 371" ON FIBRE-CEMENT Prepare and brush to remove all loose contaminations, apply one coat primer and two coats PVA emulsion paint: 1 On fascias and barge boards m2 6 ON WOOD Undercoat and minimum 2 coat gloss enamel: 2 On doors (Internal) m2 10 3 On doors (External) m2 7 ON METAL Undercoat and minimum 2 coat gloss enamel: 4 On door frames m2 1 5 On gates (Measured over the full flat area of both sides) m2 8 6 On gutters and down pipes m 10 Spot prining defects in prime surface with zinc chromate primer and apply one universal undercoat and two coats EPWP, golden brown gloss enamel paint on steel: 7 On windows with burglar bars m2 3 Carried Forward to Summary of Section No. 3 Section No. 3 GRFD3 BLOCK Bill No. 12 PAINTWORK MANKGA LERAGA CONSULTING R SECTION SUMMARY - GRFD3 BLOCK 1 EARTHWORKS 130 2 CONCRETE,FORMWORK AND REINFORCEMENT 132 3 MASONRY 135 4 WATERPROOFING 136 5 ROOF COVERINGS 138 6 CARPENTRY AND JOINERY 140 7 IRONMONGERY 142 8 METALWORK 143 9 PLASTERING 144 10 PLUMBING AND DRAINAGE 147 11 GLAZING 148 12 PAINTWORK 149 Carried to Final Summary Section No. 3 GRFD3 BLOCK MANKGA LERAGA CONSULTING Amount R

  • Supplementary labour (a) If the Employer wishes to engage supplementary labour to perform work performed by its Employees under this Agreement, the Employer must first consult in good faith with the affected Employees. (b) Following consultation and subject to this clause, the decision whether to engage supplementary labour is a decision of the Employer alone. Any dispute as to the application of this clause will be dealt with under the disputes settlement procedure under clause 11 of this Agreement. The Employer will ensure that all supplementary labour is engaged on lawful terms and conditions. (c) The Parties agree that crane crew will be employed on a direct full-time basis by either the Principal Contractor, Structure Subcontractor / Formworker or crane owner. (d) It is acknowledged that crane crew labour hire is for the purpose of supplementary labour and is temporary in nature. Where there is a requirement for a supplementary crane crew the Parties will consult and agree on alternative short-term arrangements. Examples of where a short-term alternative may be required include: (i) where a task requires the permanent crane crew to be switched to a night shift and a day shift crew is required temporarily (ii) where a crane crew has not yet completed a Project and a new Project has commenced

  • SUPPLEMENTARY INDEX Exhibit A-Local Church Vote Certification Exhibit B-Bill of Sale Exhibit C-Deed(s) Exhibit D-FIRPTA Schedule 3.2-Other Liabilities Schedule 3.4-Financial Statements Schedule 4.3-Subsidiaries Schedule 4.7-Leases & Land Schedule 4.8-Personal Property

  • Fronting Fee and Documentary and Processing Charges Payable to L/C Issuer The Borrower shall pay directly to the L/C Issuer for its own account a fronting fee with respect to each Letter of Credit, at the rate per annum specified in the Fee Letter, computed on the daily amount available to be drawn under such Letter of Credit on a quarterly basis in arrears. Such fronting fee shall be due and payable on the tenth Business Day after the end of each March, June, September and December in respect of the most recently-ended quarterly period (or portion thereof, in the case of the first payment), commencing with the first such date to occur after the issuance of such Letter of Credit, on the Letter of Credit Expiration Date and thereafter on demand. For purposes of computing the daily amount available to be drawn under any Letter of Credit, the amount of such Letter of Credit shall be determined in accordance with Section 1.06. In addition, the Borrower shall pay directly to the L/C Issuer for its own account the customary issuance, presentation, amendment and other processing fees, and other standard costs and charges, of the L/C Issuer relating to letters of credit as from time to time in effect. Such customary fees and standard costs and charges are due and payable on demand and are nonrefundable.

  • Fronting Fee and Documentary and Processing Charges Payable to L/C Issuers The Borrower shall pay directly to each L/C Issuer for its own account a fronting fee (a “Fronting Fee”) with respect to each Letter of Credit issued by it, at the rate per annum equal to 0.125% computed on the daily maximum amount then available to be drawn under such Letter of Credit. Such fronting fees shall be computed on a quarterly basis in arrears. Such fronting fees shall be due and payable on the tenth Business Day after the end of each March, June, September and December in respect of the most recently-ended quarterly period (or portion thereof, in the case of the first payment), commencing with the first such date to occur after the issuance of such Letter of Credit, on the Letter of Credit Expiration Date and thereafter on demand. For purposes of computing the daily amount available to be drawn under any Letter of Credit, the amount of such Letter of Credit shall be determined in accordance with Section 1.07. In addition, the Borrower shall pay directly to each L/C Issuer for its own account the customary issuance, presentation, amendment and other processing fees, and other standard costs and charges, of such L/C Issuer relating to letters of credit as from time to time in effect. Such customary fees and standard costs and charges are due and payable within ten Business Days of demand and are nonrefundable.

  • Supplementary Provisions 10.1. The failure or delay of any party hereof to exercise any right hereunder shall not be deemed as a waiver thereof, nor any single or partial exercise of any right preclude further exercise thereof in future by the party. 10.2. The headings of articles herein are provided for the purpose of index. Such headings shall in no event be used or affected interpretations of the terms herein. 10.3. The conclusion, effectiveness, interpretation of the agreement and the settlement of disputes in connection therewith, shall be governed by laws of Hong Kong Special Administration Region of the People’s Republic of China. 10.4. Each party hereunder concludes the agreement with legal purpose. Each term hereof is severable and independent from the others. If at any time one or more of such terms is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining terms hereof shall not in any way be affected thereby; and the parties shall make every endeavor to negotiate and arrive at new terms to substitute the invalid, illegal and unenforceable terms, and preserve as near as possible business purposes of the original terms. 10.5. Upon the effectiveness of the agreement, the parties shall fully perform the agreement. Any modifications of the agreement shall only be effective in written form, through consultations of the parties, and obtained necessary authorization and approval by Party D and Party E respectively. 10.6. Matters not covered in the agreement shall be dealt with in a supplementary agreement, and annexed hereto. The supplementary agreement shall have the same legal force as the agreement. 10.7. The agreement is executed in six original copies, which are equally authentic. Each party hereto shall hold one copy. 10.8. The agreement shall be effective upon execution. (The reminder of this page is intentionally left blank.) [Signature page, no body text] To: Zhenfei Fan Address: 9/F., Tower C, Corporate Square, Xx.00 Xxxxxxxxx Xxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxx Date: January 8, 2010 Dear Zhenfei Fan As per the Purchase Option and Cooperation Agreement entered into in 2008 among us and others, we hereby designate Xx. Xxxxxxxx Xx (ID Number: 62042119830109131X) to acquire 55% of the equity interests of Shanghai Chongzhi Co., Ltd owned by you. Please carry out all necessary procedures to complete the transfer of shares within [30] days of this Notice. Yours truly, Fortune Software (Beijing) Co., Ltd. (Seal)

  • Supplementary Terms Other Contributions

  • Supplementary Card a card which is issued by the Bank to the client and/or other person nominated by the client and which is linked to the existing card account of the client;

  • Supplementary Agreements II.13.1 Any amendment to the grant conditions must be the subject of a written supplementary agreement. No oral agreement may bind the parties to this effect. II.13.2 The supplementary agreement may not have the purpose or the effect of making changes to the agreement which might call into question the decision awarding the grant or result in unequal treatment of applicants. II.13.3 If the request for amendment is made by the beneficiary, he must send it to the Commission in good time before it is due to take effect and at all events one month before the closing date of the action, except in cases duly substantiated by the beneficiary and accepted by the Commission.

  • SUPPLEMENTARY INFORMATION Paperwork Reduction Act The collection of information in this final rule has been reviewed and, pending receipt and evaluation of public comments, approved by the Office of Management and Budget (OMB) under 44 U.S.C. 3507 and assigned control number 1545-1675. The collection of information in this regulation is in Sec. 1.860E-1(c)(5)(ii). This information is required to enable the IRS to verify that a taxpayer is complying with the conditions of this regulation. The collection of information is mandatory and is required. Otherwise, the taxpayer will not receive the benefit of safe harbor treatment as provided in the regulation. The likely respondents are businesses and other for-profit institutions. Comments on the collection of information should be sent to the Office of Management and Budget, Attn: Desk Officer for the Department of the Treasury, Office of Information and Regulatory Affairs, Xxxxxxxxxx, XX, 00000, with copies to the Internal Revenue Service, Attn: IRS Reports Clearance Officer, W:CAR:MP:FP:S, Xxxxxxxxxx, XX 00000. Comments on the collection of information should be received by September 17, 2002. Comments are specifically requested concerning: Whether the collection of information is necessary for the proper performance of the functions of the Internal Revenue Service, including whether the information will have practical utility; The accuracy of the estimated burden associated with the collection of information (see below); How the quality, utility, and clarity of the information to be collected may be enhanced; How the burden of complying with the collection of information may be minimized, including through the application of automated collection techniques or other forms of information technology; and Estimates of capital or start-up costs and costs of operation, maintenance, and purchase of service to provide information. An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a valid control number assigned by the Office of Management and Budget. The estimated total annual reporting burden is 470 hours, based on an estimated number of respondents of 470 and an estimated average annual burden hours per respondent of one hour. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103.

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