Warranty Costs Sample Clauses
POPULAR SAMPLE Copied 21 times
Warranty Costs. All costs incurred by Contractor in fulfilling Contractor’s remedial defects liability obligations and/or warranty obligations as set forth on this Article 10 shall be at Contractor’s sole cost and expense. Contractor shall also, as part of Contractor’s warranty and guarantee, repair or replace any other damaged components, material, finishes, furnishings and other Work or portions of the Project or other property damaged, affected or otherwise made necessary by or resulting from such defective, non-conforming or incomplete Work, to return the same to their original condition. In addition, and notwithstanding anything to the contrary in this Agreement, if within ten (10) years after Original Project Substantial Completion or Expansion Project Substantial Completion (as applicable) any portion of the respective Original Project Work or Expansion Project Work (including, but not limited to, any roof and any walls) is not watertight and leakproof at every point and in every area (except where leaks can be attributed to damage to such Work proximately caused by extraordinary, external forces beyond Contractor’s control and which Contractor could not reasonably have anticipated), Contractor shall, immediately upon notification by Owner of water penetration, determine the source of water penetration and, at Contractor’s own expense, do any work necessary to make such Work watertight.
Warranty Costs. All costs incurred in connection with performing any warranty obligation, including all travel expenses and daily allowances, shall be the obligation of Supplier and Supplier shall fulfill Supplier’s warranty obligations without additional fees or charges of any kind to VWGOA, unless otherwise specified in the Order or otherwise agreed by VWGOA in writing.
Warranty Costs. Supplier will pay the Warranty Costs for any Goods that fail to meet the warranties set forth in Section 7.1 during the Warranty Period. “Warranty Costs” are limited to the replacement of the defective Goods and the labor costs associated with any replacement. At the end of each calendar quarter, Beyond Meat will provide Supplier with: (a) a statement of the total Warranty Costs incurred during that quarter; and (b) an invoice for the Warranty Costs reflected on the quarterly statement. Within [***] days of Supplier’s receipt of Beyond Meat’ invoice, Supplier will pay Beyond Meat by wire transfer the amount stated on the invoice. Supplier may not delay payment of any quarterly invoice beyond such [***] day period, except that Supplier may withhold payment of that portion of the quarterly invoice relating to any warranty claim that Supplier has rejected and specifically identified in writing to Beyond Meat (“Challenged Claims”). Supplier’s right to notify Beyond Meat of any Challenged Claims, and to request further information with respect to any Challenged Claims, must be exercised within the [***] day period following receipt of Beyond Meat’s invoice. If Supplier fails to timely pay any unchallenged Warranty Costs, Beyond Meat will be entitled to offset any of its liabilities to Supplier by the amount of such unchallenged Warranty Costs. Supplier and Beyond Meat agree to use their best efforts to promptly resolve all Challenged Claims and, when resolved, Supplier will immediately reimburse Beyond Meat for the agreed upon amount. Supplier and Beyond Meat each acknowledge the benefit of reducing Warranty Costs and agree to jointly investigate, analyze and develop strategies that will result in the reduction of Warranty Costs during the term of this Agreement.
Warranty Costs. 8 13.5. Exclusive Remedy..............................................................................................
Warranty Costs. Seller agrees to pay to the Purchaser, within 30 days after receipt of reasonably detailed invoice therefor, the costs incurred by the Purchaser for direct materials, labor, manufacturing overhead, travel and freight arising out of the Purchaser’s assumption of obligations under Section 1.04(a)(iv), which amount shall be charged to Seller in accordance with Purchaser’s standard accounting practices.
Warranty Costs. Set forth on Schedule 3.1(cc) is a description of all litigation, actions, suits, investigations, claims and proceedings asserted, brought or to Seller’s Knowledge threatened, against any of the Companies within the year preceding the date hereof, together with a description of the outcome thereof, relating to any claim
Warranty Costs. All costs incurred by Contractor in fulfilling Contractor's remedial warranty obligations as set forth in this Article 12 shall be solely Contractor's responsibility, including, without limitation, costs for additional testing and inspections and compensation for the services of other professionals or consultants made necessary thereby. Contractor also shall, as part of Contractor's warranty and guarantee at Contractor's own cost and expense, repair or replace any other damaged components, material, finishes, vehicles and other Work or portions of the Project or other property, including, without limitation, the Casino Improvements, damaged, affected or otherwise made necessary by or resulting from such defective, non-conforming or incomplete Work, to return the same to their original condition.
Warranty Costs. All costs incurred in connection with performing any warranty obligation, including all travel expenses and daily allowances, shall be the obligation of Supplier and Supplier shall fulfill Supplier’s warranty obligations without additional fees or charges of any kind to Scout, unless otherwise specified in the Order or otherwise agreed by Scout in writing.
Warranty Costs. Schedule 5.1(q) is a description of all litigation, actions, suits, investigations, claims and proceedings asserted, brought or, to Sellers' knowledge, threatened against any Seller with respect to the Acquired Assets within the last three years preceding the date of this Agreement, together with a description of the outcome or present status thereof, in each case relating to any claim for warranty costs involving amounts in excess of $10,000, individually or in the aggregate. Except as set forth on Schedule 5.1(q), claims for warranty costs (individually or in the aggregate) during the twelve month period ended December 31, 2002 did not exceed $50,000, and there are no outstanding or, to Sellers' knowledge, threatened claims for any such costs which would exceed $50,000 (individually or in the aggregate). As used herein, "warranty costs" means the costs and expenses of servicing, repairing, returning and/or replacing, or allowances for service, repair, return or replacement, of defective or allegedly defective or improperly selected or shipped products or parts or components thereof manufactured or sold by any Seller and the costs of materials and expenses of replacing materials or correcting any jobs or materials inadequately performed or manufactured by any Seller, together with such legal liability, if any, as may exist in connection with sales of such products, whether such costs and expenses relate to or arise out of claims or causes of action which assert causes sounding in tort, contract or warranty, or any combination of the foregoing.
Warranty Costs. Schedule 5.1(ff) sets forth a description of all litigation, actions, suits, investigations, claims and proceedings asserted, brought or threatened against Seller within the last four (4) years preceding the date of this Agreement, together with a description of the outcome or present status thereof, relating to any claim for warranty costs involving amounts in excess of $10,000, individually or in the aggregate. Claims for warranty costs (individually or in the aggregate) during the twelve month period ended September 30, 2003 did not exceed $10,000, and there are no outstanding or threatened claims for any such costs which would exceed $10,000 (individually or in the aggregate). As used herein, “warranty costs” means the costs and expenses of servicing, repairing, returning and/or replacing, or allowances for service, repair, return or replacement, of defective or allegedly defective or improperly selected or shipped Products or parts or components thereof manufactured or sold by Seller and the costs of materials and expenses of replacing materials or correcting any jobs or materials inadequately performed or manufactured by Seller, together with such legal liability, if any, as may exist in connection with sales of Products, whether such costs and expenses relate to or arise out of claims or causes of action which assert causes sounding in tort, contract or warranty, or any combination of the foregoing.
