Common use of CUSTOMER REMEDIES Clause in Contracts

CUSTOMER REMEDIES. 7.1 If the Supplier fails to deliver the Goods by the applicable date or to perform the Services by the applicable date, or both, the Customer shall, without limiting or affecting other rights or remedies available to it, have any one or more of the following rights and remedies: (a) to terminate the Contract with immediate effect by giving written notice to the Supplier; (b) to refuse to accept any subsequent performance of the Services and/or delivery of the Goods which the Supplier attempts to make; (c) to recover from the Supplier any costs incurred by the Customer in obtaining substitute goods and/or services from a third party; (d) to require a refund from the Supplier of sums paid in advance for Services that the Supplier has not provided and/or Goods that it has not delivered; and (e) to claim damages for any additional costs, loss or expenses incurred by the Customer which are in any way attributable to the Supplier's failure to meet such dates. 7.2 If the Supplier has delivered Goods that do not comply with the undertakings set out in clause 4.1, then, without limiting or affecting other rights or remedies available to it, the Customer shall have one or more of the following rights and remedies, whether or not it has accepted the Goods: (a) to terminate the Contract with immediate effect by giving written notice to the Supplier; (b) to reject the Goods (in whole or in part) whether or not title has passed and to return them to the Supplier at the Supplier's own risk and expense; (c) to require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods (if paid); (d) to refuse to accept any subsequent delivery of the Goods which the Supplier attempts to make; (e) to recover from the Supplier any expenditure incurred by the Customer in obtaining substitute goods from a third party; and (f) to claim damages for any additional costs, loss or expenses incurred by the Customer arising from the Supplier's failure to supply Goods in accordance with clause 4.1. 7.3 If the Supplier has supplied Services that do not comply with the requirements of clause 6.3(d) then, without limiting or affecting other rights or remedies available to it, the Customer shall have one or more of the following rights and remedies: (a) to terminate the Contract with immediate effect by giving written notice to the Supplier; (b) to return the Deliverables to the Supplier at the Supplier's own risk and expense; (c) to require the Supplier to provide repeat performance of the Services, or to provide a full refund of the price paid for the Services (if paid); (d) to refuse to accept any subsequent performance of the Services which the Supplier attempts to make; (e) to recover from the Supplier any expenditure incurred by the Customer in obtaining substitute services or deliverables from a third party; and (f) to claim damages for any additional costs, loss or expenses incurred by the Customer arising from the Supplier's failure to comply with clause 6.3(d). 7.4 These Conditions shall extend to any substituted or remedial services and/or repaired or replacement goods supplied by the Supplier. 7.5 Without prejudice to any other rights or remedies of Customer if within 12 months of the performance of the Services or, if longer, within any period specified in the Order it is discovered that the Services do not comply with the requirements of the Contract then Customer shall have the right to require the Supplier, free of charge and within 30 days, to re-perform the Services in compliance with the requirements of these Conditions. 7.6 The Customer's rights and remedies under the Contract are in addition to, and not exclusive of, any rights and remedies implied by statute and common law.

CUSTOMER REMEDIES. 7.1 If the Supplier fails to deliver the Goods by the applicable date or to perform the Services by the applicable date, or bothdates set out in Schedule B, the Customer shall, without limiting or affecting other rights or remedies available to it, have any one or more of the following rights and remedies: (a) rights: to terminate the Contract Agreement with immediate effect by giving written notice to the Supplier; (b) ; to refuse to accept any subsequent performance of the Services and/or delivery of the Goods which the Supplier attempts to make; (c) ; to recover from the Supplier any costs incurred by the Customer in obtaining substitute goods and/or services from a third party; (d) ; to require a refund from the Supplier of sums paid in advance for Services Goods that the Supplier has not provided and/or Goods that it has not delivered; and (e) and to claim damages for any additional costs, loss or expenses incurred by the Customer which are in any way attributable to the Supplier's ’s failure to meet such dates. 7.2 . If the Supplier has delivered Goods that do not comply with the undertakings set out in clause 4.1, 2.1 then, without limiting or affecting other rights or remedies available to it, the Customer shall have one or more of the following rights and remediesrights, whether or not it has accepted the Goods: (a) : to terminate the Contract Agreement with immediate effect by giving written notice to the Supplier; (b) ; to to reject the Goods (in whole or in part) whether or not title has passed and to return them to the Supplier at the Supplier's ’s own risk and expense; (c) ; to require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods (if paid); (d) ; to refuse to accept any subsequent delivery of the Goods which the Supplier attempts to make; (e) ; to recover from the Supplier any expenditure incurred by the Customer in obtaining substitute goods from a third party; and (f) and to claim damages for any additional costs, loss or expenses incurred by the Customer arising from the Supplier's failure to supply Goods in accordance with clause 4.1. 7.3 If the Supplier has supplied Services that do not comply with the requirements of clause 6.3(d) then, without limiting or affecting other rights or remedies available to it, the Customer shall have one or more of the following rights and remedies: (a) to terminate the Contract with immediate effect by giving written notice to the Supplier; (b) to return the Deliverables to the Supplier at the Supplier's own risk and expense; (c) to require the Supplier to provide repeat performance of the Services, or to provide a full refund of the price paid for the Services (if paid); (d) to refuse to accept any subsequent performance of the Services which the Supplier attempts to make; (e) to recover from the Supplier any expenditure incurred by the Customer in obtaining substitute services or deliverables from a third party; and (f) to claim damages for any additional costs, loss or expenses incurred by the Customer arising from the Supplier's ’s failure to comply with clause 6.3(d). 7.4 These Conditions 2.1. The terms of this Agreement shall extend to any substituted or remedial services and/or repaired or replacement goods supplied by the Supplier. 7.5 Without prejudice to any other rights or remedies of Customer if within 12 months of the performance of the Services or, if longer, within any period specified in the Order it is discovered that the Services do not comply with the requirements of the Contract then Customer shall have the right to require the Supplier, free of charge and within 30 days, to re-perform the Services in compliance with the requirements of these Conditions. 7.6 . The Customer's ’s rights and remedies under the Contract this Agreement are in addition to, and not exclusive of, any rights and remedies implied by statute and common law.

CUSTOMER REMEDIES. 7.1 If the Supplier fails to deliver the Goods by the applicable date dates set out in Schedule B or to perform the Services by the applicable datedates set out in Schedule B, or both, the Customer shall, without limiting or affecting other rights or remedies available to it, have any one or more of the following rights and remediesrights: (a) to terminate the Contract this Agreement with immediate effect by giving written notice to the Supplier; (b) to refuse to accept any subsequent performance of the Services and/or delivery of the Goods which the Supplier attempts to make; (c) to recover from the Supplier any costs incurred by the Customer in obtaining substitute goods and/or services from a third party; (d) to require a refund from the Supplier of sums paid in advance for Services that the Supplier has not provided and/or Goods that it has not delivered; and (e) to claim damages for any additional costs, loss or expenses incurred by the Customer which are in any way attributable to the Supplier's ’s failure to meet such dates. 7.2 If the Supplier has delivered Goods that do not comply with the undertakings set out in clause 4.1Clause 3.1, then, without limiting or affecting other rights or remedies available to it, the Customer shall have one or more of the following rights and remediesrights, whether or not it has accepted the Goods: (a) to terminate the Contract this Agreement with immediate effect by giving written notice to the Supplier; (b) to reject the Goods (in whole or in part) whether or not title has passed and to return them to the Supplier at the Supplier's ’s own risk and expense; (c) to require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods (if paid); (d) to refuse to accept any subsequent delivery of the Goods which the Supplier attempts to make; (e) to recover from the Supplier any expenditure incurred by the Customer in obtaining substitute goods from a third party; and (f) to claim damages for any additional costs, loss or expenses incurred by the Customer arising from the Supplier's ’s failure to supply Goods in accordance with clause 4.1Clause 3.1. 7.3 If the Supplier has supplied Services that do not comply with the requirements of clause 6.3(dClause 5.3(d) then, without limiting or affecting other rights or remedies available to it, the Customer shall have one or more of the following rights and remediesrights: (a) to terminate the Contract this Agreement with immediate effect by giving written notice to the Supplier; (b) to return the Deliverables to the Supplier at the Supplier's ’s own risk and expense; (c) to require the Supplier to provide repeat performance of the Services, or to provide a full refund of the price paid for the Services (if paid); (d) to refuse to accept any subsequent performance of the Services which the Supplier attempts to make; (e) to recover from the Supplier any expenditure incurred by the Customer in obtaining substitute services or deliverables from a third party; and (f) to claim damages for any additional costs, loss or expenses incurred by the Customer arising from the Supplier's ’s failure to comply with clause 6.3(dClause 5.3(d). 7.4 These Conditions This Agreement shall extend to any substituted or remedial services and/or repaired or replacement goods supplied by the Supplier. 7.5 Without prejudice to any other rights or remedies of Customer if within 12 months of the performance of the Services or, if longer, within any period specified in the Order it is discovered that the Services do not comply with the requirements of the Contract then Customer shall have the right to require the Supplier, free of charge and within 30 days, to re-perform the Services in compliance with the requirements of these Conditions. 7.6 The Customer's ’s rights and remedies under the Contract this Agreement are in addition to, and not exclusive of, any rights and remedies implied by statute and common law.

CUSTOMER REMEDIES. 7.1 6.1 If the Supplier fails to deliver the Goods by the applicable date or to and/or perform the Services by the applicable date, or both, the Customer shall, without limiting or affecting other rights or remedies available to it, have any one or more of the following rights and remediesrights: (a) to terminate the Contract with immediate effect by giving written notice to the Supplier; (b) to refuse to accept any subsequent performance of the Services and/or delivery of the Goods which the Supplier attempts to make; (c) to recover from the Supplier any costs incurred by the Customer in obtaining substitute goods and/or services from a third party; (d) to require a refund from the Supplier of sums paid in advance for Services that the Supplier has not provided and/or Goods that it has not delivered; and (e) to claim damages for any additional costs, loss or expenses incurred by the Customer which are in any way attributable to the Supplier's failure to meet such dates. 7.2 6.2 If the Goods are not delivered by the applicable date, the Customer may, at its option, claim or deduct: (a) 10% of the price of the Goods for each week's delay in delivery by way of liquidated damages, up to a maximum of 50% of the total price of the Goods; or (b) such liquidate damages as expressly set out in the Order, save that if the Customer exercises its rights under this clause 6.2 it shall not be entitled to any of the remedies set out in clause 6.1 in respect of the Goods' late delivery. 6.3 If the Supplier has delivered Goods that do not comply with the undertakings set out in clause 4.13.1, then, without limiting or affecting other rights or remedies available to it, the Customer shall have one or more of the following rights and remediesrights, whether or not it has accepted the Goods: (a) to terminate the Contract with immediate effect by giving written notice to the Supplier; (b) to reject the Goods (in whole or in part) whether or not title has passed and to return them to the Supplier at the Supplier's own risk and expense; (c) to require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods (if paid); (d) to refuse to accept any subsequent delivery of the Goods which the Supplier attempts to make; (e) to recover from the Supplier any expenditure incurred by the Customer in obtaining substitute goods from a third party; and (f) to claim damages for any additional costs, loss or expenses incurred by the Customer arising from the Supplier's failure to supply Goods in accordance with clause 4.13.1. 7.3 If the Supplier has supplied Services that do not comply with the requirements of clause 6.3(d) then, without limiting or affecting other rights or remedies available to it, the Customer shall have one or more of the following rights and remedies: (a) to terminate the Contract with immediate effect by giving written notice to the Supplier; (b) to return the Deliverables to the Supplier at the Supplier's own risk and expense; (c) to require the Supplier to provide repeat performance of the Services, or to provide a full refund of the price paid for the Services (if paid); (d) to refuse to accept any subsequent performance of the Services which the Supplier attempts to make; (e) to recover from the Supplier any expenditure incurred by the Customer in obtaining substitute services or deliverables from a third party; and (f) to claim damages for any additional costs, loss or expenses incurred by the Customer arising from the Supplier's failure to comply with clause 6.3(d). 7.4 6.4 These Conditions shall extend to any substituted or remedial services and/or repaired or replacement goods supplied by the Supplier. 7.5 Without prejudice to any other rights or remedies of Customer if within 12 months of the performance of the Services or, if longer, within any period specified in the Order it is discovered that the Services do not comply with the requirements of the Contract then Customer shall have the right to require the Supplier, free of charge and within 30 days, to re-perform the Services in compliance with the requirements of these Conditions. 7.6 6.5 The Customer's rights and remedies under the Contract are in addition to, and not exclusive of, any to its rights and remedies implied by statute and common law.

CUSTOMER REMEDIES. 7.1 6.1 Time of delivery or performance (as the case may be) is of the essence. If the Supplier fails to deliver the Goods by the applicable date or to and/or perform the Services by the applicable date, or both, the Customer shall, without limiting or affecting other rights or remedies available to it, have any one or more of the following rights and remediesrights: (a) to terminate the Contract with immediate effect by giving written notice to the Supplier; (b) to refuse to accept any subsequent performance of the Services and/or delivery of the Goods which the Supplier attempts to make; (c) to recover from the Supplier any costs incurred by the Customer in obtaining substitute goods and/or services from a third party; (d) to require a refund from the Supplier of sums paid in advance for Services that the Supplier has not provided and/or Goods that it has not delivered; and (e) to claim damages for any additional costs, loss or expenses incurred by the Customer which are in any way attributable to the Supplier's failure to meet such dates. 7.2 6.2 If the Supplier has delivered Goods that do not comply with the undertakings set out in clause 4.13.1, then, without limiting or affecting other rights or remedies available to it, the Customer shall have one or more of the following rights and remediesrights, whether or not it has accepted the Goods: (a) to terminate the Contract with immediate effect by giving written notice to the Supplier; (b) to reject the Goods (in whole or in part) whether or not title has passed and to return them to the Supplier at the Supplier's own risk and expense; (c) to require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods (if paid); (d) to refuse to accept any subsequent delivery of the Goods which the Supplier attempts to make; (e) to recover from the Supplier any expenditure incurred by the Customer in obtaining substitute goods from a third party; and (f) to claim damages for any additional costs, loss or expenses incurred by the Customer arising from the Supplier's failure to supply Goods in accordance with clause 4.13.1. 7.3 If the Supplier has supplied Services that do not comply with the requirements of clause 6.3(d) then, without limiting or affecting other rights or remedies available to it, the Customer shall have one or more of the following rights and remedies: (a) to terminate the Contract with immediate effect by giving written notice to the Supplier; (b) to return the Deliverables to the Supplier at the Supplier's own risk and expense; (c) to require the Supplier to provide repeat performance of the Services, or to provide a full refund of the price paid for the Services (if paid); (d) to refuse to accept any subsequent performance of the Services which the Supplier attempts to make; (e) to recover from the Supplier any expenditure incurred by the Customer in obtaining substitute services or deliverables from a third party; and (f) to claim damages for any additional costs, loss or expenses incurred by the Customer arising from the Supplier's failure to comply with clause 6.3(d). 7.4 6.3 These Conditions shall extend to any substituted or remedial services and/or repaired or replacement goods supplied by the Supplier. 7.5 Without prejudice to any other rights or remedies of Customer if within 12 months of the performance of the Services or, if longer, within any period specified in the Order it is discovered that the Services do not comply with the requirements of the Contract then Customer shall have the right to require the Supplier, free of charge and within 30 days, to re-perform the Services in compliance with the requirements of these Conditions. 7.6 6.4 The Customer's rights and remedies under the Contract are in addition to, and not exclusive of, any to its rights and remedies implied by statute and common law.

CUSTOMER REMEDIES. 7.1 6.1 If the Supplier Contractor fails to deliver the Goods by the applicable date or to and/or perform the Services by the applicable date, date or bothwithin a satisfactory timeframe as deemed by the Client, the Customer shallClient, without limiting or affecting other rights or remedies available to it, have any one or more of the following rights and remediesrights: (a) to terminate the Contract with immediate effect by giving written notice to the SupplierContractor; (b) to refuse to accept any subsequent performance of the Services and/or delivery of the Goods which the Supplier Contractor attempts to make; (c) to recover from the Supplier Contractor any costs incurred by the Customer Agent and/or the Client in obtaining substitute goods and/or services from a third party; (d) to require a refund from the Supplier Contractor of sums paid in advance for Services that the Supplier Contractor has not provided and/or Goods that it has not delivered; and (e) to claim damages for any additional costs, loss or expenses incurred by the Customer Agent and/or the Client which are in any way attributable to the Supplier's Contractor’s failure to meet such dates. 7.2 6.2 If the Supplier Contractor has delivered Goods that do not comply with the undertakings set out in clause 4.1Clause 3.1, then, without limiting or affecting other rights or remedies available to it, the Customer Client shall have one or more of the following rights and remediesrights, whether or not it has accepted the Goods: (a) to terminate the Contract with immediate effect by giving written notice to the SupplierContractor; (b) to reject the Goods (in whole or in part) whether or not title has passed and to return them to the Supplier Contractor at the Supplier's Contractor’s own risk and expense; (c) to require the Supplier Contractor to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods (if paid)Goods; (d) to refuse to accept any subsequent delivery of the Goods which the Supplier Contractor attempts to make; (e) to recover from the Supplier Contractor any expenditure incurred by the Customer Client in obtaining substitute goods from a third party; and (f) to claim damages for any additional costs, loss or expenses incurred by the Customer Client arising from the Supplier's Contractor’s failure to supply Goods in accordance with clause 4.1Clause 3.1. 7.3 If the Supplier has supplied Services that do not comply with the requirements of clause 6.3(d) then, without limiting or affecting other rights or remedies available to it, the Customer shall have one or more of the following rights and remedies: (a) to terminate the Contract with immediate effect by giving written notice to the Supplier; (b) to return the Deliverables to the Supplier at the Supplier's own risk and expense; (c) to require the Supplier to provide repeat performance of the Services, or to provide a full refund of the price paid for the Services (if paid); (d) to refuse to accept any subsequent performance of the Services which the Supplier attempts to make; (e) to recover from the Supplier any expenditure incurred by the Customer in obtaining substitute services or deliverables from a third party; and (f) to claim damages for any additional costs, loss or expenses incurred by the Customer arising from the Supplier's failure to comply with clause 6.3(d). 7.4 6.4 These Conditions shall extend to any substituted or remedial services and/or repaired or replacement goods supplied by the SupplierContractor. 7.5 Without prejudice to any other 6.5 The Agent’s and/or the Client’s rights or remedies of Customer if within 12 months of the performance of the Services or, if longer, within any period specified in the Order it is discovered that the Services do not comply with the requirements of the Contract then Customer shall have the right to require the Supplier, free of charge and within 30 days, to re-perform the Services in compliance with the requirements of these Conditions. 7.6 The Customer's rights and remedies under the Contract are in addition to, and not exclusive of, any to its rights and remedies implied by statute and common law.