Defective Material. Supplier shall use all reasonable commercial efforts to ensure quality and conformance to material and performance specifications, provided that PGT shall be responsible for all neglect, mishandling and abuse subsequent to the delivery of Products to it. Supplier shall honor valid returns and credits promptly for any non-conforming material and reasonable costs incurred by PGT to rework (with Supplier's advance written consent, such consent not to be unreasonably withheld) or sort unsatisfactory material, subject to the limitations set forth in Section 10 below. Supplier shall provide corrective action documentation to PGT on defective material reported during the Term. The parties further agree to specific quality requirements as defined in Schedule B.
Defective Material. The library reserves the right to return defective material at the contractor's expense. There should be no exceptions to this. Yes No
Defective Material. Supplier shall use all reasonable commercial efforts to ensure quality and conformance to material and performance specifications. Supplier will promptly issue credit for non-conforming materials at the full Price for materials returned or for Price less scrap value on materials agreed to be scrapped locally. Scrap value shall be based on actual expense and/or rebate incurred. Supplier shall provide corrective action documentation to PGT on Defective Materials reported during the term of this agreement as requested. The parties further agree to a Quality Improvement Program as defined in Schedule.
Defective Material. Buyer has adopted a Supplier Non-Conformance Policy (as amended, supplemented or replaced from time to time, the “Supplier Non-Conformance Policy”), a copy of which is available on Buyer’s website at xxx.xxxxx-xxxx.xxx/xxxxxxx/xxxxxxxx. Seller represents that it has reviewed the Supplier Non-Conformance Policy, and Seller hereby accepts and agrees to abide by the Supplier Non-Conformance Policy. In the event of any defect or noncompliance to specifications with Buyer’s order, Seller acknowledges that the Supplier Non-Conformance Policy provides to the Buyer, among other rights, (i) the right to reject shipments containing defective goods or goods failing to conform to the product specifications contained in Buyer’s order; (ii) the right to return such rejected goods or shipments to Seller at its expense or, in Buyer’s discretion, the right to make repairs to defective goods and to charge Seller with Buyer’s actual costs of making such repairs; and (iii) the right to impose fees and otherwise recover costs related to defective or non-compliance shipments. Warranty Seller warrants, as to products or goods sold by Seller to Buyer, that such products or goods are expressly and impliedly warranted as to merchantability, being fit for use for the particular purposes contemplated in the transaction. Seller further warrants that all such products or goods are (i) free from defects in material and/or workmanship and/or design, if design responsibility is that of Seller, sufficient for the purposes intended by Buyer and its customers, and (ii) in compliance with all relevant governmental and industry standards for such products or goods. Intellectual Property Infringement With respect to products and goods ordered by Buyer for which Seller has design responsibility, Seller warrants that the products or goods purchased by Buyer and the use thereof by Buyer and its customers will not infringe or misappropriate any intellectual property rights, including, without limitation, any copyright, patent, trade secret, trademark, or other intellectual property right. Seller shall defend, indemnify and hold Buyer and its agents and customers harmless from any and all liability, loss (including, but not limited to, lost profits), damage, cost and expense (including, without limitation, attorney fees) and claims therefor arising from or related to such infringement or misappropriation or claims thereof. Seller will, upon Buyer’s request, appear and defend at Seller’s own expense ...
Defective Material. Material or equipment intended for use on the Bus(es), or parts thereof, which is found to be not in conformance with the Contract shall be clearly marked and so disposed of as to ensure that it will not be used or offered for use again on the Work unless and until proper material or equipment has been substituted or other corrective action taken to the satisfaction of the Inspector.
Defective Material. Defective material shall not be repaired and used in the construction of the equipment without the prior written approval of Buyer. No peening, caulking or filling shall be permitted in repairing cracks, pinholes or blowholes. For defects, the method of repair shall be as mutually agreed by both the Seller and Xxxxx. Should Seller find errors or discrepancies in, or omissions from, the Specifications, or be in doubt as to their meaning, the Seller shall immediately notify Buyer in writing and request a written interpretation. However, if Seller recognizes any such error, inconsistency, omission or difference in the Specifications and knowingly fails to report it to Buyer, then Seller shall be liable for all damages resulting therefrom. “Defective material" is defined as any material not meeting the requirements of the specification or Seller’s drawings.
Defective Material. The Seller agrees that Seller will accept responsibility for all goods shipped which are subsequently deemed defective. Further, the Seller will accept charges from the Buyer for the value of all defective material and the Buyer’s charges for labor and overhead incurred or other processing costs incurred on defective material.
Defective Material. If any of the Applicant's Material is defective in the opinion of the Inspector it shall be removed from the job site and replaced by the Applicant.
Defective Material. Products supplied by the Supplier and represented by the Customer to be defective shall not form the subject of any claim against the Supplier or for any loss, damage or expense arising directly or indirectly from such defects. Such Products if reported to the Supplier within 7 days of delivery and returned to and accepted by the Supplier as defective, will (at the Customer’s request and if practicable) be replaced as originally ordered. The Supplier will not be responsible for any shortages of Products or defects in Products reported more than 7 days after delivery. The Customer should check all Products immediately upon delivery. No remedial work should be undertaken to remedy defective materials without the express written consent of the Supplier. Where a claim for remedial work arises the Supplier will not accept any costs arising from such works whether carried out by sub contractors or others unless previously agreed and accepted in writing by the Supplier.
Defective Material. Supplier shall use commercially reasonable efforts to ensure quality and conformance to material and performance specifications. Supplier shall honor returns and credits promptly for any Non-Conforming Material and costs incurred by Customer to rework or sort such Non-Conforming Material. Supplier shall provide corrective action documentation to Customer within 10 days of any such request. Penalties will be applied for Non-Conforming Materials as defined in Schedule B.
