Defects Sample Clauses

Defects a. The Customer shall inspect the Goods upon delivery and will, within 48 hours, notify the Company of any defects, short deliveries or any failure to fulfill any quotation or order. b. The Customer will, within a reasonable time following delivery, grant the Company access to the Goods in order to inspect for any alleged defects. c. Should the Customer fail to notify the Company within the specified period then the Goods shall be deemed to be in compliance with the order and free from any defect whatsoever.

Defects. 9.1 The Purchaser shall inspect the Property prior to the occupation Date in order to identify any “defect” or “failure” as defined in Section 53(1) of the CPA which defects or failure the Developer shall remedy prior to the Occupation Date to ensure that on the Occupation Date, the Property shall be free from any “defect” or “failure” according to the Developer’s determination, and as contemplated in Section 53(1) of the CPA. 9.2 The Purchaser shall, within 30 (Thirty) days of the Date of Occupation, deliver to the Developer a list, signed by himself, enumerating any defects in the Section where same are due to defective materials or workmanship, and the Developer shall procure that such defects are made good as expeditiously as possible in the circumstances. Once such defects have been made good to the satisfaction of the Architect, acting as an expert and not an arbitrator, and whose decision shall be final and binding on the parties, the Purchaser shall have no further claim against the Seller, save as otherwise provided herein. Should the Purchaser fail to deliver the aforesaid list to the Developer within the aforesaid 30 (Thirty) day period, then in that event, the Purchaser shall be deemed to have inspected the Section and not found any defects therein. 9.3 The Developer shall cause reasonable repairs to the Defects on the Defects List to be remedied within 90 (Ninety) days after receipt of the Defects List, Once the Defects have been remedied, the Architect or Principal Agent will issue the Final Completion Certificate, which shall be final and binding on the parties and no further liability shall attach to the Developer in respect of such Defects. 9.4 The Purchaser shall allow the Developer and all persons authorized or employed by the access the Property for the purposes of inspection and effecting the repairs. If the Purchaser fails or refuse to give such access, despite reasonable notice being given by the Developer, then the Purchaser shall be deemed to have accepted the Property is free of Defects. 9.5 For a period of 5 years from the Final Completion Date, the Developer shall expeditiously remedy any major latent and/or structural defects which appear in the Property, provided that the Purchaser notifies the Developer in writing of such structural defects within the said 5-year period. 9.6 From the Final Completion Date, for a period of 5 years, the Developer shall remedy any leaks in the roof of the Property, provided the Purchaser notifie...

Defects. (a) If, prior to the expiry of the Warranty Period, the Customer discovers or is informed that there is a Defect, the Customer may give the Supplier an instruction (with which the Supplier will comply) specifying the Defect and doing one or more of the following: (i) requiring the Supplier to correct the Defect, or any part of it; (ii) advising the Supplier that the Customer will accept the Deliverable or Service, or any part thereof, despite the Defect; or (iii) advising the Supplier that the Customer will accept the Deliverable or Service, or any part thereof, despite the Defect, in exchange for a reasonable reduction in, or adjustment to, the cost of the Deliverables or Services which were impacted by the Defect, and pursuing any other remedy it may have at Law or under this Agreement subject to compliance with the dispute resolution procedure in clause 35. (b) If, prior to the expiry of the Warranty Period, the Supplier identifies a Defect, the Supplier must notify the Customer in writing within one Business Day of identifying the Defect. (c) If, prior to the expiry of the Warranty Period, the Supplier identifies a Defect or an instruction is given under clause 9(a)(i), the Supplier must, at no cost to the Customer, correct the Defect: (i) in accordance with all applicable Service Levels, or if no applicable Service Levels apply, within 15 Business Days after the date on which the non-compliance was notified to, or identified by, the Supplier (or such other timeframe as agreed between the parties in writing); and (ii) in a manner which will cause as little inconvenience to the Customer and Customer Users as is reasonably possible. (d) The parties acknowledge that where the Defect relates to any Services, the Customer may request that the Supplier, and the Supplier must, supply the affected Services again. (e) If multiple Defects are identified, the Customer may request the Supplier to prioritise the rectification of such Defects, and the Supplier must comply with any such request. However, for clarity, any prioritisation must remain consistent with any applicable Service Levels. (f) Unless otherwise agreed between the parties in writing, the Warranty Period will be increased by a period of time equivalent to the time that the relevant Services and Deliverables were unavailable or their functionality materially decreased due to a Defect. (g) The Customer's rights under this Agreement and at Law will not be affected or limited by: (i) the rights conferre...

Defects. 7.1 A defect in the Deliverable exists if the latter does not meet the requirements set out in this Contract or if the Deliverable is otherwise not as the Customer could legitimately expect. 7.2 In the event of a defect, the Provider shall take all necessary measures to remedy such defect as soon as possible. 7.3 If the Provider fails to remedy the defect as soon as possible and, in the circumstances, within a suitably short time agreed by the Parties, the Customer shall then be entitled to a free choice of the following: • to have the defective Deliverable provided by a third party at the expense of the Provider within the Contract Price, • to demand a proportionate reduction in the Contract Price, or • to claim compensation.

Defects. 12.1 The Buyer shall inspect the Goods on Delivery and shall within seven (7) days of Delivery (time being of the essence) notify the Seller of any alleged defect, shortage in quantity, damage or failure to comply with the description or quote. The Buyer shall afford the Seller an opportunity to inspect the Goods within a reasonable time following Delivery if the Buyer believes the Goods are defective in any way. If the Buyer shall fail to comply with these provisions the Goods shall be presumed to be free from any defect or damage. For defective Goods, which the Seller has agreed in writing that the Buyer is entitled to reject, the Seller’s liability is limited to either (at the Seller’s discretion) replacing the Goods or repairing the Goods. 12.2 Goods will not be accepted for return other than in accordance with 12.1 above, and provided that: (a) the Seller has agreed in writing to accept the return of the Goods; and (b) the Goods are returned at the Buyer’s cost within fourteen (14) days of the Delivery date; and (c) the Seller will not be liable for Goods which have not been stored or used in a proper manner; and (d) the Goods are returned in the condition in which they were delivered and with all packaging material, brochures and instruction material in as new condition as is reasonably possible in the circumstances. 12.3 The Seller may (in its discretion) accept the return of Goods for credit but this may incur a handling fee of twenty percent (20%) of the value of the returned Goods plus any freight. 12.4 Subject to clause 12.1, non-stocklist items or Goods made to the Buyer’s specifications are not acceptable for credit or return.

Defects. 6.1 The CONTRACTOR shall only be liable to repair Defects in the Works caused by the noncompliance with the NHBRC Technical Requirements as specified in section 13 of the Housing Consumer Protection Measures Act, 95 of 1998. 6.2 Although every care is taken to provide a home of the highest quality, the CONTRACTOR shall not be liable for damage or loss caused by misuse, negligence, abuse or accident or any risk insured against by the OWNER’s Home Owners Insurance Policy required by the Financial Institution in respect of the residential property nor does it cover any of the exclusions provided for in the regulations to the Housing Consumer Protection Measures Act 95 of 1998. 6.3 For purposes of this Agreement, the occurrence of any one of the following (and whichever event may occur first) shall constitute the handover date: 6.3.1 the date on which the CONTRACTOR offers to formally hand over the keys to the Works to the OWNER; or 6.3.2 the issue of a certificate signed by the Architect nominated by the CONTRACTOR, stating that the Works have been completed; or 6.3.3 the issue of an Occupation Certificate by the Local Authority; 6.4 The guarantee does not cover damage to floor covering caused after handover. 6.5 The OWNER shall be obliged, within the time limits prescribed in the Housing Consumer Protection Measures Act 95 of 1998, to notify the CONTRACTOR in writing of any Defects covered by the aforementioned Act and the CONTRACTOR shall only be liable to rectify the Defects if the OWNER has paid the full contract sum to the CONTRACTOR. 6.6 Notwithstanding anything previously provided, the CONTRACTOR shall under no circumstance be responsible for damage or loss caused by wear and tear, misuse, neglect, negligence, abuse, accident or in respect of any matter arising from or relating to a risk insured against in terms of Home Owner’s Insurance Policies normally issued by a South African Insurance Company in respect of residential properties. The CONTRACTOR shall furthermore under no circumstances be liable for any consequential loss or damages. 6.7 In the event of there being a dispute between the parties whether any item complained of by the OWNER constitutes a Defect covered by the Housing Consumer Protection Measures Act 95 of 1998 or any dispute relating to the repair of the Defect, such dispute will be determined by the ruling of the Architect, whose determination shall be final and binding on the Parties. 6.8 The OWNER must advise the CONTRACTOR in wri...

Defects. If LICENSEE submits to Cryptovision proof of a defect, Cryptovision will make commercially reasonable efforts to rectify such defect within a reasonable period of time. LICENSEE shall report any defects to Cryptovision in writing without undue delay, and, if possible, LICENSEE shall submit a detailed description of the problem and any information available, which might be useful for rectification of the defect.

Defects. (a) The Developer will cause all defects or faults (if any) in the Building Works due to defective or improper materials or bad workmanship, as are notified in writing to it by the Buyer within the Defects Liability Period, to be made good in a proper and workmanlike manner, at no cost to the Buyer. (b) The Developer will cause to be made good defects notified during the Defects Liability Period: (i) if it relates to: A. electricity or gas supplies or distribution; B. sewerage or drainage; or C. any portion of the Building Works the fault or defect in which could materially restrict or interfere with the proper use and enjoyment of the Site by the Buyer, as soon as practicable after receiving notice from the Buyer; (ii) if it relates to any other defects or faults, within 90 days from the date of receiving the notice, (c) Other than for matters directly covered by clause 7(b)(i) the Buyer may submit only one list of defects during the Defects Liability Period. (d) The Buyer must make the Site available, at any reasonable time or times notified by the Developer, to the Developer or the Developer's contractors to permit the defect rectification work to be completed in a prompt and timely manner.

Defects. (a) The Partnership shall provide Buyer with an updated Title Commitment and UCC Search not later than five (5) Business Days prior to the Closing. If the updated Title Commitment or UCC Search shows defects in title not shown by the Title Commitment, UCC Search, the Partnership Disclosure Letter or exhibits attached to this Agreement, or, if the Vessel and Fixtures thereon should become subject to a Lien or other financial Encumbrance, and the Partnership has received an itemized written notice of such defects within five (5) Business Days after the date of delivery of the updated Title Commitment or UCC Search to Buyer, the Partnership shall have thirty (30) days after receipt of such notice to cure any such defects in title, and the Closing Date shall, if necessary, be extended accordingly. Title defects will not be deemed to include any Permitted Encumbrances. (b) Failure to notify the Partnership within the above specified periods of title defects revealed by the updated Title Commitment, UCC Search, the Partnership Disclosure Letter or other exhibits to this Agreement shall be deemed a waiver of Buyer’s right to disapprove of the status of the Partnership’s title, and ▇▇▇▇▇ shall then accept such title as is described in the Title Commitment and UCC Search, as updated, without reserving any claim against the Partnership for title defects. (c) Neither Sellers nor the Partnership shall be under any obligation to remove title defects, and any failure or refusal of the Partnership to do so shall not be a default of Sellers or the Partnership hereunder, except that the Partnership shall be obligated to cure (i) monetary Liens or Encumbrances (“Monetary Encumbrances”) that are not disclosed by the Title Commitment, UCC Search, the Partnership Disclosure Letter or other exhibits to this Agreement (other than Taxes and assessments and the Encumbrances created or suffered by Buyer pursuant to such Taxes or assessments) which encumber the Property between the date of this Agreement and the Closing, in the manner provided below and (ii) title defects created by the Partnership in favor of the Partnership or its Affiliates. For purposes of the prior sentence, an Encumbrance is “liquidated” only if it is fixed either by agreement of Sellers or the Partnership and the party asserting the Encumbrance or by operation of Law. In order to cure any title defects other than a Monetary Encumbrance, the Partnership shall have the option to extend the Closing Date for a pe...