Examples of Defective Service in a sentence
If, during the course of inspection or otherwise prior to acceptance of any Service in accordance with Section 3.1(d), Owner determines that the Service fails to conform to this Agreement (a “Defective Service”), Owner shall so notify Provider thereof in writing, describing the Defective Service in reasonable detail (a “Defect Notice”).
If Provider is obligated under this Section 3.3 to remedy a Defective Service and fails or is unable to do so within a period consistent with Owner’s reasonable requirements, then Owner may undertake to remedy the Defective Service and, if Provider had been obligated to correct the same at its expense, then Provider shall reimburse Owner for any reasonable costs incurred thereby.
Provider shall promptly correct or re-perform the Defective Service specified in the Defect Notice so that it conforms to this Agreement at Provider’s own cost and expense, provided, however, that any Defective Service identified after Owner’s acceptance shall be corrected and/or re-performed at Owner’s expense absent Provider’s willful intent to deceive.