Warranty Disputes Sample Clauses

Warranty Disputes. Any disagreement between the District and the DB Contractor relating to Section 23 shall be subject to the Dispute resolution provisions contained in Section 21, provided that the DB Contractor shall proceed as directed by the District pending resolution of the Dispute.
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Warranty Disputes. Any disagreement between TxDOT and Fabricator relating to this Section 9 shall be subject to dispute resolution in accordance with Section 16.
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Warranty Disputes. Any and all claims or disputes of any kind arising from or relating to warrantable issues shall be decided before an arbitration panel agreed upon by both parties, in accordance with the appropriate construction industry rules and standards; or in an arbitration proceeding before the Northern Illinois Home Builders Association if Builder is then a member, or the American Arbitration Association. The cost of the arbitration shall be paid by the party requesting same. It is expressly agreed that the rights of the parties, and the power of any arbitration panel to grant relief in any arbitration proceeding, shall be limited and governed by the provisions of this Warranty and the contract to which it pertains. At closing, and upon performance by the Purchaser of its obligations under contract, the Builder will execute and deliver to the Buyer a Builder's Limited Warranty application form and assign to Purchaser all warranties that it receives from manufacturers of consumer products located in the residence. The parties hereto agree that Contractor’s sole liability hereunder shall be to provide the necessary labor and materials to correct defects in workmanship and materials originally furnished by or through the Contractor hereunder, resulting in defects occurring within the limitations of the Builder’s One Year New Construction Limited Warranty from the date of closing (“Limited Warranty”). Ordinary wear and tear or the results of the inherent characteristics of materials or products used including, but not limited to, cracks in concrete, tile, and marble, wood shrinkage and freezing of sillcocks and water lines shall not be covered under the Limited Warranty. The Limited Warranty shall not include any superficial defect which would be obvious upon a reasonable inspection of the improvement, unless the same is expressly set forth on the Walk Through List. Contractor shall not in any event be liable to Buyer(s) for injury or death to persons or damage to personal property of Buyer(s), Buyer(s)’ representatives, agency, employees, family members or guests stored or maintained on the Premises, or damage to fixtures or other improvements furnished by contractor or incidental or consequential damages related thereto. Contractor shall not be liable or responsible for natural or inherent conditions in the Land, such as the existence of radon gas, and the cost of any radon mitigation system added to the Improvements by Change Order shall be added to the Purchase Pric...
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Warranty Disputes. In the event that Merck believes at any time that the Material does not conform to any warranty under this Article 3, then Merck shall notify Licensors of such belief. Any such disagreement shall be settled through [ * ]. In the event that said negotiations are not successful and the matter can be resolved through independent laboratory testing of the Material, then the dispute shall be referred to an independent testing laboratory selected by the applicable Parties within seven (7) days of a demand by any involved Party. The determination of the independent testing laboratory shall be final and binding on the involved Parties. In the event that any of the Supplemental Material does not conform to the warranties as determined by the independent testing laboratory, then Merck shall have the right to return any nonconforming Material to MBL for credit. Notwithstanding the foregoing, (i) [ * ]; (ii) a failure of Materials to meet the warranties set forth in this Article 3 shall [ * ]; (iii) a failure of Materials to meet the warranties set forth in this Article 3 shall [ * ]; and (iv) the remedies set forth in this Section 3.6 shall not preclude any indemnification claim that Merck may have pursuant to Section 11.1 or Section 11.2.
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Related to Warranty Disputes

  • Billing Disputes 7.6.3.1 Each Party agrees to notify the other Party upon the discovery of a billing dispute. In the event of a billing dispute, the Parties will endeavor to resolve the dispute within sixty (60) calendar days of the Xxxx Date on which such disputed charges appear. Resolution of the dispute is expected to occur at the first level of management resulting in a recommendation for settlement of the dispute and closure of a specific billing period. If the issues are not resolved within the allotted time frame, the following resolution procedure will begin: 7.6.3.2 If the dispute is not resolved within sixty (60) days of the Xxxx Date, the dispute will be escalated to the second level of management for each of the respective Parties for resolution. If the dispute is not resolved within ninety (90) days of the Xxxx Date, the dispute will be escalated to the third level of management for each of the respective Parties for resolution 7.6.3.3 If the dispute is not resolved within one hundred and twenty (120) days of the Xxxx Date, the dispute will be escalated to the fourth level of management for each of the respective Parties for resolution. 7.6.3.4 If a Party disputes a charge and does not pay such charge by the payment due date, such charges shall be subject to late payment charges as set forth in the Late Payment Charges provision of this Attachment. If a Party disputes charges and the dispute is resolved in favor of such Party, the other Party shall credit the xxxx of the disputing Party for the amount of the disputed charges along with any late payment charges assessed no later than the second Xxxx Date after the resolution of the dispute. Accordingly, if a Party disputes charges and the dispute is resolved in favor of the other Party, the disputing Party shall pay the other Party the amount of the disputed charges and any associated late payment charges assessed no later than the second xxxx payment due date after the resolution of the dispute. BellSouth shall only assess interest on previously assessed late payment charges in a state where it has authority pursuant to its tariffs.

  • Labor Disputes No labor disturbance by or dispute with employees of the Company or any of its Subsidiaries exists or, to the knowledge of the Company, is threatened which would reasonably be expected to result in a Material Adverse Effect.

  • Contract Disputes The Parties shall deal in good faith and attempt to resolve potential disputes informally. If the dispute concerning a question of fact arising under the terms of this Contract is not disposed of in a reasonable period of time by the Contractor’s Supervisor and the County‘s project manager as specified in Article 25. Notices by way of the following process, such matter shall be brought to the attention of the County DPA by way of the following process: i. The Contractor shall submit to the County DPA a written demand for a final decision regarding the disposition of any dispute between the Parties arising under, related to, or involving this Contract, unless the County, on its own initiative, has already rendered such a final decision. ii. The Contractor’s written demand shall be fully supported by factual information, and, if such demand involves a cost adjustment to the Contract, the Contractor shall include with the demand a written statement signed by a senior official indicating that the demand is made in good faith, that the supporting data are accurate and complete, and that the amount requested accurately reflects the Contract adjustment for which the Contractor believes the County is liable. iii. Pending the final resolution of any dispute arising under, related to, or involving this Contract, the Contractor agrees to diligently proceed with the performance of this Contract, including the delivery of goods and/or provision of services. The Contractor’s failure to diligently proceed shall be considered a material breach of this Contract. Any final decision of the County shall be expressly identified as such, shall be in writing, and shall be signed by the County DPA or his designee. If the County fails to render a decision within 90 days after receipt of the Contractor’s demand, it shall be deemed a final decision adverse to the Contractor’s contentions. The County’s final decision shall be conclusive and binding regarding the dispute unless the Contractor commences action in a court of competent jurisdiction to contest such decision within 90 days following the date of the County’s final decision or one year following the accrual of the cause of action, whichever is later.

  • Labour Disputes 15.01 If employees are prevented from performing their duties because of a strike or lock-out on the premises of another employer, the employees shall report the matter to the Employer, and the Employer will make reasonable efforts to ensure that such employees are employed elsewhere, so that they shall receive their regular pay and benefits to which they would normally be entitled.

  • Resolving Disputes The Company and the customer will use all reasonable endeavours to resolve any dispute between them. If they cannot resolve their dispute between them, they will:- a. Refer the dispute to mediation which will be conducted in accordance with the Resolution Institute New Zealand Standard Mediation Agreement; and b. If mediation is unsuccessful, the matter of dispute shall be referred to a single arbitrator in accordance with the provisions contained in the Arbitration Xxx 0000 and any amendments. Nothing in this clause will preclude either party from taking immediate steps to seek urgent equitable relief before an appropriate Court.

  • Legal Disputes 3.1 Pursuant to New York City Health and Hospitals Corporation Act, Chapter 1016-69, Section 20, all actions against NYC Health + Hospitals shall be brought in the City , in the county in which the cause of action arose, or if it arose outside of the City , in the City , County of New York. The Parties consent to the dismissal or transfer to any claims asserted inconsistent with this section. If Vendor initiates any action in breach of this section, Vendor shall promptly reimburse NYC Health + Hospitals for any attorneys’ fees incurred to remove the action to the contractually agreed upon venue. 3.2 Actions against NYC Health + Hospitals by Vendor arising out of this Agreement must be commenced within six months of the expiration or termination of this Agreement. 3.3 Neither Party shall make a claim for personal liability against any individual, officer, agent or employee of the other, nor of the City, pertaining to anything done or omitted in connection with this Agreement.

  • Disputes In the case of a dispute as to the determination of the Exercise Price or the arithmetic calculation of the number of Warrant Shares issuable in connection with any exercise, the Company shall promptly deliver to the Holder the number of Warrant Shares that are not disputed.

  • Complaints and Disputes 28.1. If the Client wishes to report a complaint, he must send an email to the Company with the completed “Complaints Form” found on the Website. The Company will try to resolve it without undue delay and according to the Company’s Complaints Procedure for Clients. 28.2. If a situation arises which is not expressly covered by this Agreement, the Parties agree to try to resolve the matter on the basis of good faith and fairness and by taking such action as is consistent with market practice. 28.3. The Client’s right to take legal action remains unaffected by the existence or use of any complaints procedures referred to above.

  • Merchant Disputes The Credit Union is not responsible for the refusal of any merchant or financial institution to honor your card. The Credit Union is subject to claims and defenses (other than tort claims) arising out of goods or services you purchase with the card if you have made a good faith attempt but have been unable to obtain satisfaction from the merchant or service provider, and (a) your purchase was made in response to an advertisement the Credit Union sent or participated in sending to you; or (b) your purchase cost more than $50.00 and was made in your state or within 100 miles of your home.

  • Invoice Disputes If you believe any delivered software or service does not conform to the warranties in this Agreement, you will provide us with written notice within thirty (30) days of your receipt of the applicable invoice. The written notice must contain reasonable detail of the issues you contend are in dispute so that we can confirm the issue and respond to your notice with either a justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues presented in your notice. We will work with you as may be necessary to develop an action plan that outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice. You may withhold payment of the amount(s) actually in dispute, and only those amounts, until we complete the action items outlined in the plan. If we are unable to complete the action items outlined in the action plan because of your failure to complete the items agreed to be done by you, then you will remit full payment of the invoice. We reserve the right to suspend delivery of all SaaS Services, including maintenance and support services, if you fail to pay an invoice not disputed as described above within fifteen (15) days of notice of our intent to do so.

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