Compensation for defects Sample Clauses

Compensation for defects. In case of damage or defects of Goods, sufficiently established by Xxxxx and duly notified in accordance with Section 6, Seller may choose at its sole discretion to: (i) compensate the damage or defects; or (ii) replace the Goods within a reasonable period; or (iii) reimburse the price of the Goods concerned.
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Compensation for defects. Without limiting any other legal remedy available to Company, as determined in Company’s discretion (a) if Supplier is unable to promptly repair or replace any defective Equipment, or re-perform any defective Services (b) if the nature of any defects in the Work is such that it is inappropriate to have the defect corrected, or (c) if the nature of any defects in the Work is such that Company will not be made whole by virtue of the repair or replacement of the Equipment or by re-performance of the Services, then Company may deduct from any amounts then due or which become due to Supplier hereunder, such an amount equal the reasonable, necessary and out-of-pocket costs of obtaining substitute performance, capped at the Work Order price of the replaced Equipment or re-performed Services (the “Defect Settlement Amount”). If Company has already made all payments to Supplier, Supplier shall pay the Defect Settlement Amount within fifteen (15) days of receipt of written notice of same from Company.
Sample 1
Compensation for defects. In case of damage or defects of Goods, sufficiently established by Xxxxx and duly notified in accordance with Sec- tion 6, the Parties will mutually agree in good faith the best solution to the matter and Buyer may choose to: (i) compensation for damage or defects; or (ii) replacement of the Goods within a reasonable period; or (iii) refund the price of the Goods concerned.
Sample 1
Compensation for defects. No warranty is provided for damage due to improper handling or use of the goods. Telemotive AG will only pay compensation for defects in the goods in cases of willful intent or gross negligence. This exclusion does not apply for liability for damages due to injury to life, limb or health. The provisions of the German Product Liability Act (Produkthaftungsgesetz) are also not affected by the exclusion of liability.
Sample 1
Compensation for defects. The Customer has a right to compensation for the loss it incurred as a result of the defect. The Customer can claim compensation for indirect losses it incurred as a result of the defect if such defect is due to negligence on the part of the Supplier. This includes losses incurred due to any operational interruptions, including expenses and work related to error correction and repair, as well as losses incurred due to additional work caused by the defect. Indirect losses are losses described in Section 67, second paragraph of the Sale of Goods Act of 13 May 1988 no. 27. No compensation shall be claimed if delivery problems were caused by regulatory, patent-related or patent-related technical reasons, requirements of the Norwegian Medicines Agency that prevent/stop the delivery, or Force Majeure.
Sample 1
Compensation for defects. No warranty is provided for damage due to improper handling or use of the goods. MAGNA Telemotive GmbH will only pay compensation for defects in the goods in cases of willful intent or gross negligence. This exclusion does not apply for liability for damages due to injury to life, limb or health. The provisions of the German Product Liability Act (Produkthaftungsgesetz) are also not affected by the exclusion of liability.
Sample 1

Related to Compensation for defects

  • Compensation for Delay The time allowed for carrying out the work, as entered in the tender form, shall be strictly observed by the contractor and shall be deemed to be the essence of the contract and shall be reckoned from the fifteenth day after the date on which the order to commence the work is issued to the contractor, for a work where completion is up to 6 months For works, for which the completion period is beyond six months: - The period will be reckoned from the thirtieth day after the date on which the order to commence the work is issued to contractor .The work shall throughout the stipulated period of contract be proceeded with all due diligence, keeping in view that time is the essence of the contract. The contractor shall be bound in all cases, in which the time allowed for any work exceeds one month, to complete 1/8th of the whole work before 1/4th of the whole time allowed under the contract has elapsed, 3/8th of the work before 1/2 of such time has elapsed and 3/4th of the work before 3/4th of such time has elapsed. In the event of the contractor failing to comply with the above conditions, the Commissionor/CMO shall levy on the contractor, as compensation an amount equal to: 0.5% (zero point five percent) of the value of work (contract sum) for each week of delay, provided that the total amount of compensation under this provision of the clause shall be limited to 6% (six percent) of the value of work. (Contract sum) Provided further that if the contractor fails to achieve 30% (thirty percent) progress in half (1/2) of original or validly extended period of time (reference clause 5 below) the contract shall stand terminated after due notice to the contractor and his contract finallised, with xxxxxxx money and or security deposit forfeited and levy of further compensation at the rate of 10% of the balance amount of contract left incomplete, either from the bill, and or from available security/performance guarantee or shall be recovered as "Arrears of land revenue". The decision of the Competent Authority in the matter of grant of extension of time only (reference clause 5 below) shall be final, binding and conclusive. But he has no right to change either the rate of compensation or reduce and or condone the period of delay- once such an order is passed by him (on each extension application of the contractor). It shall not be open for a revision. Where the Commissioner/CMO or Competent Authority or Commissioner/CMO as the case may decides that the contractor is liable to pay compensation for not giving proportionate progress under this clause and the compensation is recommended during the intermediate period, such compensation shall be kept in deposit and shall be refunded if the contractor subsequently makes up the progress for the lost time, within the period of contract including extension granted, if any. failing which the compensation amount shall be forfeited in favour of the Nagar Xxxxx/Nagar Palika Parishad/Nagar Panchayat Clause 3 -:Action when the work is left incomplete abandoned or delayed beyond the time limit permitted by the Commissioner/CMO or Competent Authority: -

  • Compensation for Damages 4.1 If the Principal has disqualified the Bidder from the tender process prior to the award according to Section 3, the Principal is entitled to demand and recover the damages equivalent Xxxxxxx Money Deposit/Bid Security.

  • Compensation for Losses Upon demand of any Lender (with a copy to the Administrative Agent) from time to time, the Borrower shall promptly compensate such Lender for and hold such Lender harmless from any loss, cost or expense incurred by it as a result of:

  • Compensation for Damage or Loss (1) When investments made by investors of either Contracting Party suffer damage or loss owing to war or other armed conflict, a state of national emergency, revolt, civil disturbances, insurrection, riot or other similar events in the territory of the other Contracting Party, they shall be accorded by the latter Contracting Party, treatment, as regards restitution, indemnification, compensation or other settlement, not less favourable than that the latter Contracting Party accords to its own investors or investors of any third state, whichever is the most favourable.

  • Compensation for Additional Services Additional Services shall be compensated as set forth on Exhibit A for the stipulated payment amounts set forth therein. Other Additional Services not set forth on Exhibit A that are required or requested by the Owner shall be compensated as agreed, using the methodology set forth on Exhibit A, prior to the Design Professional undertaking such Additional Services; provided, however, that if such compensation cannot be agreed, the Additional Services shall be performed at the hourly rates set forth and listed in Exhibit B, plus reimbursable expenses pursuant to Article 4.1.3 below, with a limitation as to maximum amount specified.

  • Developer Compensation for Emergency Services If, during an Emergency State, the Developer provides services at the request or direction of the NYISO or Connecting Transmission Owner, the Developer will be compensated for such services in accordance with the NYISO Services Tariff.

  • Compensation for Damages or Losses When investments by investors of either Contracting Party suffer damages or losses owing to war, armed conflict, a state of national emergency, revolt, insurrection, riot or other similar events in the territory of the other Contracting Party, they shall be accorded by the latter Contracting Party a treatment, as regards compensation or other settlement, not less favourable than that accorded to its own investors or to investors of any Third State.

  • Compensation for Overtime 9.5.1 All overtime hours, except those overtime hours exceeding twelve (12) hours in one day, shall be compensated at a rate of pay equal to time and one-half the regular rate of pay of the employee. Those overtime hours exceeding twelve (12) in one day shall be compensated at a rate of pay equal to two times the regular pay of the employee.

  • Compensation for Basic Services A. Owner shall make payment for Part I and Part II services monthly. The payments shall be in proportion to the progress of Architect's work. Final payment for each phase shall become due and payable upon completion and approval by Owner of that phase of Architect's work.

  • Compensation for Services You may be eligible to receive compensation for providing certain services in respect of Shares of the Funds if you meet the requirements of and enter into a Dealer Services Agreement with American Funds Service Company.

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