Common use of Defective Clause in Contracts

Defective. A defective Peach Pass due to a manufacturing defect shall be replaced at no cost to you only when returned to the Customer Service Center within 30 days of your receipt of the Peach Pass. In the event of a malfunction of the Peach Pass, you must immediately discontinue use of the Peach Pass, the Toll Facilities, and contact the Customer Service Center. Where malfunction occurs, the Peach Pass shall be deactivated and the terms for deactivation as described in Section 16.1 of this Agreement shall apply. Costs related to mailing the Peach Pass to the Customer Service Center are your responsibility. SRTA may require delivery confirmation in the event the Peach Pass is not received. You remain responsible for any and all Toll Violations and/or Traffic Citations issued as a result of any attempt to use a malfunctioning and/or defective Peach Pass to pay tolls. You are responsible for the cost to replace a Peach Pass if the Peach Pass is damaged. For purposes of this Agreement, damage is defined as the rendering of the Peach Pass defective or inoperable due to tampering, abuse, improper use, defacement, or accidental destruction. For example, removal of or attempts to remove a Peach Pass from the Vehicle windshield will damage the Peach Pass and render it inoperable.