DEFECTIVE GOODS. 20.1 Notwithstanding any certificate and/or receipt that may have been issued by or on behalf of Transnet either in South Africa or overseas, Goods will be accepted at the place of delivery or at the port of shipment, as specified in this Agreement, only as regards outward condition of packages and Transnet retains the right to reject the Goods supplied, on or after arrival at the place to which they are consigned, or after they have been placed in use in South Africa, should they be found defective.
DEFECTIVE GOODS. 10.1 If on delivery any of the Goods are defective in any material respect and either the Customer lawfully refuses delivery of the defective Goods or, if they are signed for on delivery as “condition and contents unknown” the Customer gives written notice of such defect to the Supplier within 30 Business Days of such delivery, the Supplier shall at its option:
DEFECTIVE GOODS. If Vendor fails to repair or replace any defective Goods within thirty days from the date of notice of rejection, NYC Health + Hospitals, without limiting any other remedy available to it, may repair or replace such defective Goods at its own reasonable expense, and may subtract such cost from any money due to Vendor. If there is no money due to Vendor, Vendor shall reimburse NYC Health + Hospitals for such costs. This remedy is in addition to, and not a substitution for, any other right or remedy whether express or implied and any guarantee or warranty whether existing by contract or as a matter of law.
DEFECTIVE GOODS. If any of the Goods fail to meet the warranties contained in Section 11 (a "Nonconformity"), Seller shall, upon notice from Buyer, promptly correct or replace those Goods at Seller's expense. If Seller shall fail to adequately address the Nonconformity, then Seller shall reimburse Buyer for all costs to correct or replace the Nonconformity in the Goods. If Seller fails to do so, Buyer may cancel this Order as to all such Goods, and in addition, may cancel the then remaining balance of this Order. After notice to Seller, all such Goods will be held at Seller's risk. Buyer may, and at Seller's direction shall, return such Goods to Seller at Seller's risk, and all transportation charges, both to and from the original destination, shall be paid by Seller. Any payment for such Goods shall be refunded by Seller unless Seller promptly corrects or replaces the same at its expense. If any field problem occurs as a result of a Nonconformity in the Goods and is sufficiently serious and widespread to threaten Buyer’s marketing of its end product or Buyer’s reputation, or poses a previously unforeseen safety hazard or causes any governmental agency, including, without limitation, a governmental consumer product safety agency or the United States Consumer Products Safety Commission, to require a change in Buyer’s end product, such that a recall or Product Improvement Program (a "PIP") is a reasonable corrective action, Seller shall pay forthwith to Buyer all costs and expenses reasonably incurred by Buyer in taking such corrective action. If the corrective action is necessary in part because of a Nonconformity in the Goods provided, and in part because of an act or omission of Buyer, said costs and expenses shall be allocated between the parties pro rata according to their respective percentage of fault.
DEFECTIVE GOODS. (i) Seller warrants to Buyer that the goods will be free from defects in material and workmanship for the period of [defined in Attachment “A”: Xxxxxx Xxx, Xxxxxxxx, Xxxx, and YZ Products. Attachment B: LMI products] from the Invoice Date or as otherwise agreed to by the parties in the order. Seller's liability and Buyer's remedy under this warranty are limited to the repair or replacement, at Seller's election, of goods or parts thereof returned to Seller which are shown to Seller's reasonable satisfaction to have been defective; provided that written notice of the defect is provided by Buyer to Seller within thirty (30) days of identification of defect. Transportation charges for the return of defective goods to Seller and their reshipment to Buyer and the risk of loss thereof will be borne by Seller only if returned in accordance with written shipping instructions from Seller. If services or data are to be furnished, Seller warrants to Buyer that such services will be performed, or such data prepared in a good workmanlike manner. Seller's liability and Buyer's remedy under this warranty are limited to the correction of such services or data as are shown to Seller's reasonable satisfaction to have been defective; provided that written notice of such defective services or data has been provided by Buyer to Seller within thirty (30) days after the performance of such services or delivery of such data by Seller.
DEFECTIVE GOODS. CHH may reject any goods failing to comply with this Agreement. Any rejected goods may be returned by CHH at the cost of the Seller, with any moneys paid by CHH to be repaid immediately by the Seller. The rejected goods shall upon rejection become the property of the Seller, and, if held by CHH, will be held at the Seller’s risk. Any rejected goods marked or identified by a CHH trademark shall not be sold or otherwise disposed of by the Seller while so marked or identified.
DEFECTIVE GOODS. Where the goods are Defective, Suncorp may, without prejudice to Suncorp's other rights and remedies, at its option: (i) reject the goods; or (ii) accept the goods on terms acceptable to Suncorp (including a reasonable reduction to the Fees). If Suncorp rejects the goods, the Supplier will promptly collect the goods from Suncorp and, unless Suncorp agrees to accept replacement goods (in which case the replacement goods must be supplied in accordance with this Order), the Supplier will refund all amounts paid by Suncorp in respect of the goods.
DEFECTIVE GOODS a. Goods found to be defective will be quarantined on location and the Offeror’s representative called in to confirm. Once the Offeror has been notified of the quarantine, all shipments of Goods under the Draw Down, potentially affected by the defect, will cease until the cause of the defect has been remedied.
DEFECTIVE GOODS. 1. For a period of twelve (12) months after the Delivery, MCi agrees to repair or replace, at its option, without charge to the Customer for labour or materials, any defects in material or workmanship in any such good. This warranty is subject to proper storage, installation and operation of the product by the Customer under normal circumstances does not cover parts or components of goods which are not manufactured by MCi. In case of any defect in any such parts of components, MCi shall cooperate with the Customer to obtain the benefits of warranties by manufacturers of such parts of components.
DEFECTIVE GOODS. 8.1. When the Goods are delivered to, or collected by, the Customer, the Customer must promptly check the Goods for any defects. The Customer must, no later than 3 Business Days after collecting the Goods, give Xxxxxxxx Solar written notice of these defects.
