Defective performance Sample Clauses

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. 7.2. Without the infringement of the shorter deadlines provided to submit complaints about the carrier, Purchaser shall inform Supplier about of any obvious errors no later than 14 days after delivery, otherwise Supplier is exempted from liability. 7.3. In the case of latent defects, Purchaser is obliged to inform Supplier subsequent to the discovery of the defect in the shortest time possible allowed by the circumstances. Purchaser is responsible for any damage caused by late notification. 7.4. In the case of disputes arising from defective performances, the Purchaser must prove that the product was already defective upon delivery, furthermore they must prove the date of the discovery of the defect, and that under the circumstances it was reported within the shortest possible time after its discovery. 7.5. In the case of defective performance, Supplier undertakes to provide for the repair or exchange (replacement) of the product or an equivalent discount.

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. 8.2 For the consulting and support services provided within the framework of the "Support", IBExpert shall be liable for the punctual and proper implementation, but not for economic or other performance success aims of the customer. 8.3 Should IBExpert provide consulting and support services as part of this support, based on files supplied by the customer, IBExpert is not liable for the correctness or for the completeness of the data. The customer takes full responsibility for the decision as to whether this data is accurate and complete and whether its use is appropriate for its intended purposes. This also applies if IBExpert has reorganized or modified such data as part of its technical application support (para. 2.1). IBExpert accepts no liability, either direct or indirect, for damages of any kind arising from the use of this information. Paragraph 7 of the General Conditions of IBExpert (General Terms and Conditions Services) and the corresponding subsequent provisions remain unaffected.

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: 1. Maintain the purchase and demand fulfilment This does not apply if there is a hinderance that the supplier cannot overcome, or to the extent that fulfilment will entail a too great an inconvenience or cost for the supplier that it is in materially disproportion to the contracting authority's interest for the supplier to fulfil.

Defective performance. If there is a defect, and this is not due to the Contractor or circumstances on its part, the Contractor may: 1. Maintain the purchase and demand fulfilment This does not apply if there is a hindrance that the Supplier cannot overcome, or to the extent that fulfilment will entail a too great an inconvenience or cost for the Supplier that it is in materially disproportion to the Contractor interest for the Supplier to fulfil.

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). 2.13.2 If the Authority becomes aware 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 this Contract or the Performance Agreement Form, the Authority shall be entitled to serve a written notice on the Contractor setting out: (A) sufficient details of the defective performance to enable the Contractor to identify and evaluate the breach; (B) the Authority's initial view on the remediation required to remedy such defective performance; and (C) the Authority's initial view of the timescales involved to remedy such defective performance, (an "Authority Defective Performance Notice"). 2.13.3 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, the Contractor shall serve a written notice on the Authority setting out: (A) details of the defective performance; (B) the Contractor's view on the remediation required to remedy such defective performance; (C) the Contractor's view of the timescales involved to remedy such defective performance; and (D) an estimate of the Costs required to remedy such defective performance, (a "Contractor Defective Performance Notice"). 2.13.4 Within fourteen (14) Working Days of receipt by the Contractor of an Authority Defective Performance Notice or receipt by the Authority of a Contractor Defective Performance Notice (as applicable), the Parties shall liaise to agree: (A) the appropriate remedial action; (B) the timescales for such remedial action; (C) the Costs of such remedial action; (D) any Change required pursuant to Part 3 (Change Control) of Schedule 2 (Programme Management and Change Procedure). The Authority shall be entitled to claim against the Parent Body Organisation in respect of such defective performance in accordance with clause 7.2.2 (Defective Performance) of the Parent Body Agreement. 2.13.5 If the Parties fail to agree any matter in respec...

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 - ---------------- --------

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.

Defective performance. 7.1 If Trafficom breaches the present Contract, Trafficom is liable for any loss in the value of the assets of UTG. 7.2 If Trafficom breaches the present Contract, Trafficom is not liable for damages in the form of lost profits incurred by UTG. 7.3 Trafficom is exempt from liability for breach of contract if it can prove that in order to avoid its breach of contract it has acted as it is generally expected in the given situation.