Defective performance Sample Clauses

Defective performance. The Contractor guarantees that if there is a defect in the performance of the Services the Contractor will remedy the defect or redo the Services at no additional cost to the Company. Where the Contractor refuses or fails to remedy a defect in performance of the Services or redo the Services within an agreed timeframe, the Contractor agrees that the Company may arrange for the performance of the necessary remedial work and recover any costs from the Contractor.
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Defective performance. 7.1. Purchaser is obliged to examine the delivered products in the shortest period of time possible, and confirm whether the fulfilment was acceptable. The quantitative shortcomings, possible damages and qualitative defects of the delivered products shall be recorded and reported upon receipt, and should be acknowledged by the carrier as well, insofar as the transfer was not arranged by the Purchaser. In the case of delivery by carrier, Purchaser is obliged to – in the interest of Supplier – make timely and appropriate arrangements necessary for the enforcement of claims against the carrier. Failure to do so does not serve as grounds for the Purchaser to demand the reimbursement of damages that could have been implemented against the carrier. Purchaser is obliged to receive the shipment even in case of its non-significant deficiency.
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Defective performance. 8.1 As far as IBExpert is obliged to supply new program versions to the customer, the warranty provisions stipulated in the Terms and Conditions for Software shall apply mutatis mutandis in case of defectiveness of these software programs.
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Defective performance. If there is a defect, and this is not due to the contracting authority or circumstances on its part, the contracting authority may:
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Defective performance. (A) Without prejudice to Clause 7.2.2(B), if the SLC has informed the Authority pursuant to clause 2.13.3 of the Site M&O Contract that the Contractor (or any of its Subcontractors) has not carried out a Task or Tasks to the standard required by clause 2 (Contractor's Obligations) of the Site M&O Contract and/or the relevant Performance Agreement Form and it has been agreed pursuant to clause 2.13.4 of the Site M&O Contract that the cost of remedying such defective performance will exceed --------------- ------- ------------ , the PBO hereby indemnifies the Authority in respect of each and every defect for those costs of remedying such defective performance in excess of - ---------------- -------- .
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Defective performance. 2.13.1 If the Contractor or any of its Subcontractors has not carried out a Task or Tasks to the standard required by Clause 2 (Contractor's Obligations) of this Contract and/or the relevant Performance Agreement Form ("Defective Performance"), the Contractor shall remedy (or shall procure that the relevant Subcontractor remedies) the Defective Performance in accordance with this Clause 2.13 (Defective Performance).
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Defective performance a) The Contractor guarantees that if there is a defect in the performance of the Services the Contractor will remedy the defect or redo the Services at no additional cost to the Shire within the timeframe agreed by the Contractor (acting reasonably) and the Shire.
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Defective performance. 7.1 If Trafficom breaches the present Contract, Trafficom is liable for any loss in the value of the assets of UTG.
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Defective performance. If there is a defect, and this is not due to the Contractor or circumstances on its part, the Contractor may:
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Related to Defective performance

  • Work Performance All work in performance of this Lease shall be done by skilled workers or mechanics and shall be acceptable to the RECO. The RECO may reject the Lessor’s workers 1) if such are unlicensed, unskilled, or otherwise incompetent, or 2) if such have demonstrated a history of either untimely or otherwise unacceptable performance in connection with work carried out in conjunction with either this contract or other Government or private contracts.

  • Product Performance Contractor hereby warrants and represents that the Products acquired by the Authorized User under the terms and conditions of this Contract conform to the specifications, performance standards and documentation in the Authorized User Agreement., and the documentation fully describes the proper procedure for using the Products. Contractor further warrants and represents that if the Products acquired by the Authorized User pursuant to an Authorized User Agreement under this Contract include software application development, software application customization, software programming, software integration or similar items (“Software Deliverables”) then such Software Deliverables shall be free from defects in material and workmanship and conform with all requirements of the Contract and Authorized User Agreement for the warranty period of one (1) year from the date of acceptance of the completed project (“Project warranty period”). Contractor also warrants that the Products, in the form provided to the Authorized User, do not infringe any copyright, trademark, trade secret or other right of any third party.

  • Contract Performance C19.1 The Contractor shall ensure that:

  • Unsatisfactory Performance All work performed by the Contractor is expected to be done in the most expeditious and professional manner as specified in Section 5 of this document, while also complying with the workmanlike standard clause contained at Section 5.4.1.

  • Software Performance HP warrants that its branded software products will conform materially to their specifications and be free of malware at the time of delivery. HP warranties for software products will begin on the date of delivery and unless otherwise specified in Supporting Material, will last for ninety (90) days. HP does not warrant that the operation of software products will be uninterrupted or error-free or that software products will operate in hardware and software combinations other than as authorized by HP in Supporting Material.

  • School Performance The School shall achieve an accountability designation of Good Standing or Honor on each of the three sections of the Performance Framework. In the event the School is a party to a third party management contract which includes a deficit protection clause, the School shall be exempt from some or all measures within the financial portion of the Performance Framework. In accordance with Charter School Law, the Authorizer shall renew any charter in which the public charter school met all of the terms of its performance certificate at the time of renewal.

  • Full Performance The Owner and the Contractor hereby agree to the full performance of the Contract Documents.

  • Excused Performance 6.1 Notwithstanding the occurrence of a Force Majeure Event, in which case Clause 17 will govern, BT will not be liable for any failure or delay to perform any of its obligations under this Agreement (including any of its obligations to meet any Service Levels) to the extent that BT’s failure or delay in performing arises as a result of:

  • POOR PERFORMANCE Authorized Users should notify NYSPro Customer Services promptly if the Contractor fails to meet the requirements of this Contract. Performance which does not comply with requirements or is otherwise unsatisfactory to the Authorized User should also be reported to Customer Services: Office of General Services Procurement Services Group 00xx Xxxxx Xxxxxxx Xxxxx Xxxxxx Xxxxx Xxxxx Xxxxxx, XX 00000 Customer Services Coordination E-mail: xxxxxxxx.xxxxxxxx@xxx.xx.xxx Telephone: (000) 000-0000 / Fax: (000) 000-0000

  • Lawful Performance Vendor shall abide by all Federal, State and Local Laws, Ordinances, Regulations, and Statutes as may be related to the performance of duties under this agreement. In addition, all applicable permits and licenses required shall be obtained by the vendor, at vendor’s sole expense.

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