Common use of Warranty of the Goods Clause in Contracts

Warranty of the Goods. The Supplier hereby guarantees the Goods for the Warranty Period against faulty materials and workmanship. If the Customer shall within such Warranty Period or within twenty five (25) Working Days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such Warranty Period under proper and normal use, the Supplier shall (without prejudice to any other rights and remedies which the Customer may have) promptly remedy such faults or defects (whether by repair or replacement as the Customer shall elect) free of charge. INSTALLATION WORKS INTENTIONALLY LEFT BLANK – NOT REQUIRED CUSTOMER RESPONSIBILITIES The Customer shall identify to the Supplier the correct storage tank for receipt of the Goods at the Premises and ensure that the storage tank has sufficient capacity and can receive and store safely the quantity of the Goods ordered. The Customer shall ensure that the Supplier has access to the Premises to make deliveries on the delivery date (or relevant Milestone Date) specified in the Order Form. If the Supplier cannot gain access to the Premises on the delivery date it shall inform the Customer's Representative immediately. If the Customer's Representative cannot arrange access to the Premises within one hour of being informed in accordance with Clause 10.2, the Supplier shall agree with the Customer's Representative a revised delivery date which shall be within two days of the original delivery date (or relevant Milestone Date). The reasonable costs incurred by the Supplier in such re-delivery shall be borne by the Customer (subject to the Supplier mitigating such costs where reasonable). If the Customer has not complied with any of its obligations set out in this Clause 10, the Supplier shall inform the Customer as soon as becoming aware of such failure and the Customer shall endeavour to rectify any such failure. If the Customer does not rectify such failure within a reasonable timescale, the Supplier shall be entitled to refuse to deliver the Goods and such non-delivery shall not be deemed to be a breach of this Call Off Contract by the Supplier. If the Supplier would have provided the Goods in accordance with this Call Off Contract (including the Service Levels) but has failed to do so as a result of a Customer Cause the Supplier shall: in measuring the performance of any affected Service against Service Levels be treated as though the relevant Service had met the relevant Service Level to the extent that the Service Level Failure is due to any Customer Cause; not be treated as being in breach of this Agreement to the extent that non performance or breach is due to any Customer Cause; and where as a result of the Customer Cause, the Supplier and the Customer have agreed a way to provide the Goods and/or Services in accordance with this Call Off Contract by working around the Customer Cause ("Work Around Solution") the Supplier shall provide the Work Around Solution and shall be entitled to be paid for all reasonable costs incurred in so doing where: such costs are in excess of the Call Off Contract Charges it has been paid because it has been treated as though it has supplied the Goods in accordance with this Call Off Contract; and they have been agreed by the Customer when discussing the scope of the Work Around Solution under this Clause 10.5.3 and any resulting Variation that may be required in connection with a Work Around Solution shall be dealt with in accordance with Clause 53 (Variation). In order to claim the rights and reliefs in Clause 10.5, the Supplier shall provide the Customer with details of the Customer Cause within 10 Working Days of the date when the Supplier became aware or ought reasonably to have become aware of the occurrence of the Customer ‘s default Any disputes about or arising out of whether a Customer Cause applies to the Supplier's failure to supply the Goods in accordance with this Call Off Contract (including in accordance with the Service Levels) shall be resolved through the Dispute Resolution Procedure. Pending the resolution of the dispute both Parties shall continue to resolve the causes of, and mitigate the effects of such failure.

Warranty of the Goods. The Supplier hereby guarantees the Goods for the Warranty Period against faulty materials and workmanship. If the Customer shall within such Warranty Period or within twenty five (25) Working Days thereafter give notice in writing to the Supplier of any defect in any of the Goods as may have arisen during such Warranty Period under proper and normal use, the Supplier shall (without prejudice to any other rights and remedies which the Customer may have) promptly remedy such faults or defects (whether by repair or replacement as the Customer shall elect) free of charge. INSTALLATION WORKS INTENTIONALLY LEFT BLANK – NOT REQUIRED CUSTOMER RESPONSIBILITIES The Customer shall identify to the Supplier the correct storage tank for receipt of the Goods at the Premises and ensure that the storage tank has sufficient capacity and can receive and store safely the quantity of the Goods ordered. The Customer shall ensure that the Supplier has access to the Premises to make deliveries on the delivery date (or relevant Milestone Date) specified in the Order Form. If the Supplier cannot gain access to the Premises on the delivery date it shall inform the Customer's Representative immediately. If the Customer's Representative cannot arrange access to the Premises within one hour of being informed in accordance with Clause 10.2, the Supplier shall agree with the Customer's Representative a revised delivery date which shall be within two days of the original delivery date (or relevant Milestone Date). The reasonable costs incurred by the Supplier in such re-delivery shall be borne by the Customer (subject to the Supplier mitigating such costs where reasonable). If the Customer has not complied with any of its obligations set out in this Clause 10, the Supplier shall inform the Customer as soon as becoming aware of such failure and the Customer shall endeavour to rectify any such failure. If the Customer does not rectify such failure within a reasonable timescale, the Supplier shall be entitled to refuse to deliver the Goods and such non-delivery shall not be deemed to be a breach of this Call Off Contract by the Supplier. If the Supplier would have provided the Goods in accordance with this Call Off Contract (including the Service Levels) but has failed to do so as a result of a Customer Cause the Supplier shall: in measuring the performance of any affected Service against Service Levels be treated as though the relevant Service had met the relevant Service Level to the extent that the Service Level Failure is due to any Customer Cause; not be treated as being in breach of this Agreement to the extent that non performance or breach is due to any Customer Cause; and where as a result of the Customer Cause, the Supplier and the Customer have agreed a way to provide the Goods and/or Services in accordance with this Call Off Contract by working around the Customer Cause ("Work Around Solution") the Supplier shall provide the Work Around Solution and shall be entitled to be paid for all reasonable costs incurred in so doing where: such costs are in excess of the Call Off Contract Charges it has been paid because it has been treated as though it has supplied the Goods in accordance with this Call Off Contract; and they have been agreed by the Customer when discussing the scope of the Work Around Solution under this Clause 10.5.3 and any resulting Variation that may be required in connection with a Work Around Solution shall be dealt with in accordance with Clause 53 55 (Variation). In order to claim the rights and reliefs in Clause 10.5, the Supplier shall provide the Customer with details of the Customer Cause within 10 Working Days of the date when the Supplier became aware or ought reasonably to have become aware of the occurrence of the Customer ‘s default Any disputes about or arising out of whether a Customer Cause applies to the Supplier's failure to supply the Goods in accordance with this Call Off Contract (including in accordance with the Service Levels) shall be resolved through the Dispute Resolution Procedure. Pending the resolution of the dispute both Parties shall continue to resolve the causes of, and mitigate the effects of such failure.