Common use of Defective performance Clause in Contracts

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 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 hindrance that the supplier Contractor cannot overcome, or to the extent that fulfilment will entail a too great an inconvenience or cost for the supplier Contractor that it is in materially disproportion to the contracting authority's interest for the supplier Contractor to fulfil.