We use cookies on our site to analyze traffic, enhance your experience, and provide you with tailored content.

For more information visit our privacy policy.

Supplier's breach of contract Sample Clauses

Supplier's breach of contract. 13.1 A defect will be deemed to exist if the Products are not suitable for the use warranted by the Supplier or do not possess such properties, are not of such quality or do not operate in such a manner or meet any such requirements as the Customer may reasonably expect on the basis of the Contract. 13.2 The Supplier must remedy any defect notified by the Customer within the warranty period without undue delay. The notification must be in writing without undue delay after the defect has been detected and contain a description of the defect. 13.2.1 The Supplier must initiate any remedial work within two (2) Working Day of notification by the Customer. 13.2.2 The Supplier must complete any remedial work within ten (10) Working Days of notification by the Customer. 13.2.3 If remedial action is not completed within ten (10) Working Days of notification by the Customer, the Customer will be entitled to arrange for the remedying of a defect for the Supplier’s own account and risk. 13.3 The Supplier will be required to deliver a serviceable replacement product or, in the alternative, make delivery of substitute goods if remedial work is required repeatedly within the first year after the Acceptance Date and the Product(s) consequently cannot be used for 30 days or more within any given period of 60 days. 13.4 The general rules of Danish law in respect of proportionate reduction apply. 13.5 In case of incorrect and/or defective delivery, the Customer reserves the right to invoice the administration costs to the Supplier for inspecting the Products, subject to a minimum of DKK 10,000. 13.6 The Customer is entitled to return incorrect and/or defective deliveries at the Supplier’s expense. If the Supplier is able to prove that a defect is caused by the Customer, the Supplier will be entitled to a refund of all costs incurred in connection with the remedying of such defect. 13.7 The Customer is entitled to terminate the Contract for cause if defects are identified during the warranty period and if the defects have not been remedied within reasonable time. 13.8 In case of termination for cause, the Supplier shall immediately repay the amounts paid by the Customer without any deduction for decrease in value or for ordinary use. The Customer shall return the Products in the condition in which it is found at the Customer's premises. The Supplier shall bear all costs incidental thereto and shall arrange and pay for any disassembling of the Products. However, the Customer w...
Supplier's breach of contractThe Customer may after a written notice terminate the Contract, if the Supplier fails to fulfill its obligations under the Contract. In the event of a substantial breach the Customer may immediately and without a pri- or written notice terminate the contract. The following situations are considered a substantial breach (including but not limited to): o The Equipment and/or the Supplier's services under the Contract fail to comply with the Customer's specifications and requirements and/or applicable law de- spite of the Supplier's receipt of a written notice from the Customer, o The Equipment and/or the services delivered under the Contract by the Supplier does not meet the description of how the Supplier will accommodate the Cus- tomer's minimum requirements and evaluation criteria as set out in the tender response, o Despite the fact that the Supplier has received several written notices from the Customer the Supplier still does not fulfill its obligations under the Contract, o The Supplier's bankruptcy, suspension of payments, receivership, significantly impaired financial situation (see the Danish Bankruptcy Act, Chapter 7). o The Supplier's dissolution or other circumstances that can pose a serious risk to the Supplier's ability to fulfil its obligations under the Contract, o The Supplier's professional indemnity and/or liability insurances ceases, o If the Supplier repeatedly fails to apply with the guaranteed availability and thus makes it particularly difficult for the Customer to use the Equipment for production and causes inconvenience to the Customer's patients, o If it turns out that the Supplier (e.g. in connection with the tender response) has submitted incorrect and/or incomplete information that has or has had a significant impact on the Customer, including the outcome of the tender.
Supplier's breach of contractLate delivery Supplier’s information duty If the Supplier fails to observe an agreed date of delivery or anticipates that an agreed date of delivery cannot be observed, the Supplier must immediately inform the Customer of the earliest possible alternative date of deli­very. Liquidated damages If the Supplier fails to make delivery on the date of delivery initially agreed upon, the Customer will be entitled to liquidated damages in the amount of 2 % (two) of the Product Price for each commenced week of delay, subject to a maximum of 10 % (ten) percent of the Product Price. Accrued liquidated damages are payable weekly after the occurrence of a delay, subject to a written claim from the Customer. Customer’s additional remedies In addition to clause 12.1.2, the general rules and remedies of Danish law for delayed delivery or non-delivery apply, but see clauses 14 and 15. However, if the agreed Acceptance Date is exceeded by more than 3 (three) months, the Supplier will be deemed to be in material breach of Contract entitling the Customer to immediately terminate the Contract, in whole or in part, at its option. Defects A defect will be deemed to exist if the deliverables are not suitable for the use warranted by the Supplier or do not possess such properties, are not of such quality or do not operate in such a manner or meet any such requirements as the Customer may reasonably expect on the basis of the Contract. Remedying of defects The Supplier must remedy any defects in deliverables covered by the maintenance obligation in clause 10 in accordance with the provisions therein. As far as other deliverables are concerned, the Supplier must remedy any defect notified by the Customer within the warranty period, which notification must be in writing, be given without undue delay after the defect has been detected and contain a description of the defect. On receipt of such written notification of defect, the Supplier must confirm receipt within 2 (two) Working Days and remedy the defect without undue delay at its own expense. Proportionate reduction The general rules of Danish law in respect of proportionate reduction apply. Rejection of deliveries The Customer is entitled to return incorrect and/or defective deliveries at the Supplier’s expense. If the Supplier is able to prove that a defect is caused by the Customer, the Supplier will be entitled to a refund of all costs incurred in connection with the remedying of such defect.
Supplier's breach of contract. 7.1 If the Supplier has any default in the Purchase Contract, including but not limited to: (1) The Supplier delays or fails to deliver all or part of the Lease Item; (2) The Lease Item does not conform to the stipulations of the Purchase Contract; (3) The Lease Item has any quality defect; (4) The Lease Item has any title of defect (such as infringing third party’s IP rights); (5) The Supplier fails to perform its repair or maintenance obligations for the Lease Item; and (6) The Supplier breaches any, express or implied, representations or warranties it shall follows. 7.2 The Lessor shall not be liable for any damages of the Lessee caused by the said breaches of the Supplier. 7.3 The Lessee agrees that where it suffers any losses due to the aforesaid reasons, it shall directly claim against the Supplier. The Lessor’s obligation to provide assistances to the lessee is only limited to provide any and all necessary certifications. Where the Lessee enters into any indemnity agreement with the Supplier, the Lessor shall be notified; where such agreement relates to the return, replacement, price increase/deduction of the Lease Item and other issues which will affect the Lessor’s rights under this Contract, a prior written consent from the Lessor shall be obtained. 7.4 The Lessee further agrees that, no matter whether the Lessee’s claim against the Supplier due to the aforesaid reasons is realized or not, or whether such claim is still in process or not, the validities of relevant leasing contract and this Contract as well as the Lessor’s right to collect the Rental and other payables from the Lessee under this Contract shall not be affected. Under the said situation, the Lessee shall pay the Rental and other payables to the Lessor pursuant to this Contract.
Supplier's breach of contract 

Related to Supplier's breach of contract

  • Breach of Contract The failure of the Contractor to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event the County may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract: a) Terminate the Contract immediately, pursuant to Section K herein; b) Afford the Contractor written notice of the breach and ten (10) calendar days or such shorter time that may be specified in this Contract within which to cure the breach; c) Discontinue payment to the Contactor for and during the period in which the Contractor is in breach; and d) Offset against any monies billed by the Contractor but yet unpaid by the County those monies disallowed pursuant to the above.

  • Material Breach of Contract In the event Contractor fails to deliver the product and services as contracted for herein, to the satisfaction of the City of Sparks or otherwise fails to perform any provisions of this Contract, the City, after providing five (5) days written notice and Contractor’s failure to cure such breach within the time specified in the notice, may without waiving any other remedy, make good the deficiencies and deduct the actual cost of providing alternative products and/or services from payment due the Contractor. Non-performance after the first notice of non-performance shall be considered a material breach of contract.

  • NO BREACH OF CONTRACT The Executive hereby represents to the Company that: (i) the execution and delivery of this Agreement by the Executive and the performance by the Executive of the Executive’s duties hereunder shall not constitute a breach of, or otherwise contravene, the terms of any other agreement or policy to which the Executive is a party or otherwise bound, except for agreements entered into by and between the Executive and any member of the Group pursuant to applicable law, if any; (ii) that the Executive has no information (including, without limitation, confidential information and trade secrets) relating to any other person or entity which would prevent, or be violated by, the Executive entering into this Agreement or carrying out his duties hereunder; (iii) that the Executive is not bound by any confidentiality, trade secret or similar agreement (other than this) with any other person or entity except for other member(s) of the Group, as the case may be.

  • Breach of Contract Claims [Option (Include if University prefers an abbreviated Breach of Contract Claims provision): To the extent that Chapter 2260, Texas Government Code, is applicable to this Agreement and is not preempted by other applicable law, the dispute resolution process provided for in Chapter 2260 and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, will be used by University and Contractor to attempt to resolve any claim for breach of contract made by Contractor that cannot be resolved in the ordinary course of business. The chief business officer of University will examine Contractor's claim and any counterclaim and negotiate with Contractor in an effort to resolve the claims. The parties specifically agree (i) neither execution of this Agreement by University nor any other conduct, action or inaction of any representative of University relating to this Agreement constitutes or is intended to constitute a waiver of University’s or the state's sovereign immunity to suit; and (ii) University has not waived its right to seek redress in the courts.] 19.1 To the extent that Chapter 2260, Texas Government Code, as it may be amended from time to time (Chapter 2260), is applicable to this Agreement and is not preempted by other Applicable Laws, the dispute resolution process provided for in Chapter 2260 will be used, as further described herein, by University and Contractor to attempt to resolve any claim for breach of contract made by Contractor: 12.19.1.1 Contractor’s claims for breach of this Agreement that the parties cannot resolve pursuant to other provisions of this Agreement or in the ordinary course of business will be submitted to the negotiation process provided in subchapter B of Chapter 2260. To initiate the process, Contractor will submit written notice, as required by subchapter B of Chapter 2260, to University in accordance with the notice provisions in this Agreement. Contractor's notice will specifically state that the provisions of subchapter B of Chapter 2260 are being invoked, the date and nature of the event giving rise to the claim, the specific contract provision that University allegedly breached, the amount of damages Contractor seeks, and the method used to calculate the damages. Compliance by Contractor with subchapter B of Chapter 2260 is a required prerequisite to Contractor's filing of a contested case proceeding under subchapter C of Chapter 2260. The chief business officer of University, or another officer of University as may be designated from time to time by University by written notice to Contractor in accordance with the notice provisions in this Agreement, will examine Contractor's claim and any counterclaim and negotiate with Contractor in an effort to resolve the claims. 12.19.1.2 If the parties are unable to resolve their disputes under Section 12.19.1.1, the contested case process provided in subchapter C of Chapter 2260 is Contractor’s sole and exclusive process for seeking a remedy for any and all of Contractor's claims for breach of this Agreement by University. 12.19.1.3 Compliance with the contested case process provided in subchapter C of Chapter 2260 is a required prerequisite to seeking consent to xxx from the Legislature under Chapter 107,

  • BREACH OF CONTRACT TERMS The State reserves its right to all administrative, contractual, or legal remedies, including but not limited to suspension or termination of this contract, in instances where the Contractor or any of its subcontractors violate or breach any contract term. If the Contractor or any of its subcontractors violate or breach any contract term, they shall be subject to such sanctions and penalties as may be appropriate. The duties and obligations imposed by the contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law.

  • Liability for Breach of Contract 1. Party A and Party B shall strictly perform the terms stipulated in the agreement. If one party breaches the contract, the breaching party shall bear the liability for breach of contract according to the contract. 2. If the product is delivered by Party A to Party B and Party B fails to raise any objection to the product quality within the acceptance period, Party B shall not apply for return or replacement; If the product quality problems caused by Party B due to Party B's reasons or the intervention of a third party, which are not caused by the product itself, and caused by Party B's failure to raise any objection within the time limit since the date of acceptance, Party A can repair and rework the products, and Party B shall bear the rework service fee, material fee, processing fee, labor wages and other expenses incurred by Party A; 3. If the payment is not made in advance and then delivered, the ownership of the goods stipulated in this agreement still belongs to Party A before Party B pays off the payment, and Party A has the right to take back the goods at any time. Meanwhile, before this, Party B shall properly keep the goods and ensure that they are intact. If there is any damage, Party B shall compensate Party A according to the price of the goods agreed in the agreement. If the amount is not enough to make up for the losses, it shall also compensate Party A for all losses. 4. If Party B violates the agreement or refuses to perform the cooperation content during the cooperation period of this agreement, and refuses to perform or even withdraws from the cooperation after being urged by Party A, Party A has the right not to return the initial fee paid by Party B as a security deposit; At the same time, Party B shall cooperate with Party A to return all cooperation materials such as cooperation project materials and trademark product authorization documents, and compensate all economic losses suffered by Party A; 5. If Party B violates this agreement and causes losses to Party A, all expenses (including but not limited to attorney fees, legal fees, arbitration fees, announcement fees, preservation fees, guarantee fees, appraisal fees and auction evaluation fees) incurred by Party A for safeguarding its own legitimate rights and interests shall be borne by Party B; 6. If Party B cancels or changes the order without authorization, it shall pay 20% of the order price as liquidated damages and compensate Party A for all losses such as stocking, labor and profit.

  • Liabilities for Breach of Contract 11.1 The Parties agree and acknowledge that, if any Party (“Defaulting Party”) is materially in breach of any provision of this Agreement, or materially fails to perform or delays in performing any of its obligations hereunder, such breach, failure or delay shall constitute a default hereunder (the “Default”), and the non-defaulting Party shall be entitled to demand the Defaulting Party to rectify such Default or take remedial actions within a reasonable period of time. If the Defaulting Party fails to rectify such Default or take remedial actions within such reasonable period of time or ten (10) days from the receipt of the written notice from the non-defaulting Party requiring such rectification, the non-defaulting Party shall be entitled to make a decision at its sole discretion: 11.1.1 the WFOE shall be entitled to terminate this Agreement and claim from the Defaulting Party for damages if the Defaulting Party is any of the Existing Shareholders or the Company; 11.1.2 the non-defaulting Party shall be entitled to claim from the Defaulting Party for damages if the Defaulting party is the WFOE, provided that under no circumstances shall the Non-defaulting Party be entitled to terminate or rescind this Agreement unless otherwise provided by laws. 11.2 Notwithstanding anything to the contrary in this Agreement, this Article shall survive the termination of this Agreement.

  • VIOLATION OF CONTRACT TERMS/BREACH OF CONTRACT Violation of contract terms or breach of contract by Engineer shall be grounds for termination of this Contract, and any increased costs arising from Engineer’s default, breach of contract, or violation of contract terms shall be paid by Engineer.

  • Breach of Agreement Failure by the party to comply with or perform any agreement or obligation (other than an obligation to make any payment under this Agreement or delivery under Section 2(a)(i) or 2(e) or to give notice of a Termination Event or any agreement or obligation under Section 4(a)(i), 4(a)(iii) or 4(d)) to be complied with or performed by the party in accordance with this Agreement if such failure is not remedied on or before the thirtieth day after notice of such failure is given to the party;

  • FALSE STATEMENTS; BREACH OF REPRESENTATIONS The Parties acknowledge that this Agreement has been negotiated, and is being executed, in reliance upon the information contained in the Application, and any supplements or amendments thereto, without which the Comptroller would not have approved this Agreement and the District would not have executed this Agreement. By signature to this Agreement, the Applicant: A. represents and warrants that all information, facts, and representations contained in the Application are true and correct to the best of its knowledge; B. agrees and acknowledges that the Application and all related attachments and schedules are included by reference in this Agreement as if fully set forth herein; and C. acknowledges that if the Applicant submitted its Application with a false statement, signs this Agreement with a false statement, or submits a report with a false statement, or it is subsequently determined that the Applicant has violated any of the representations, warranties, guarantees, certifications, or affirmations included in the Application or this Agreement, the Applicant shall have materially breached this Agreement and the Agreement shall be invalid and void except for the enforcement of the provisions required by Section 9.2 of this Agreement.