Defects and Remedies Sample Clauses

Defects and Remedies. The Buyer agrees promptly to inspect the Goods for damage and deficiencies immediately upon receipt of such goods from Plasti-Fab. Claims for errors, deficiencies, or imperfections must be specified by written notation of the Buyer on the Bill of Lading presented to the Buyer at the time of delivery of the Goods and shall also be made by the Buyer to Plasti-Fab in writing within twenty (20) calendar days after receipt of the Goods. Any claim for damage and/or deficiencies to the Goods shall be deemed waived if not made in writing by the Buyer within such twenty (20) calendar days. Goods may not be returned without Plasti-Fab’s written permission. The Buyer must protect and retain all such Goods alleged to be defective, imperfect, or nonconforming for a reasonable period of time in order to enable Plasti-Fab to investigate the claim, inspect the Goods, and make necessary repairs, replacements, or corrections, if applicable. If any item of Goods that is manufactured by Plasti-Fab and has not been subject to alteration, improper installation, abuse or misuse proves to be defective (as defined below) within twenty calendar days following the date of shipment and prior to installation, and if the Buyer gives written notice to Plasti-Fab of such defect within the specified period and does not alter the Goods, then Plasti-Fab shall, at Plasti-Fab ’s option, either repair or replace the defective item(s), at Plasti-Fab ’s expense. The liability of Plasti-Fab hereunder is limited to the original purchase price of the Goods. Plasti-Fab shall not be responsible, however, for the expense of locating or removing the defective Goods or re-installing any repaired or replacement goods. In the event that Plasti-Fab extends a specific warranty under the terms of a specific contract or supply agreement, a Notice of any breach of Plasti-Fab’s warranty must be made in writing addressed to Plasti-Fab, setting forth sufficient detail to permit identification by Plasti-Fab of the claimed defect. If the Buyer alters the Goods or fails to notify Plasti-Fab within the one year period following shipment of the goods, or if the Goods are installed improperly, then any claim for breach of warranty shall be conclusively deemed to have been waived by the Buyer with respect to the alleged defect. In the event of a defect in any Goods constituting a breach of the warranty provided herein, Plasti-Fab shall furnish instructions for the disposition of the defective Goods. Plasti-Fab shall hav...
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Defects and Remedies. 6.1 In the event of functional defects of the Service, Subscriber shall provide a notification to Honeywell Homes without undue delay. Written notification shall be sent by e-mail to Honeywell Homes´s Contact Person, describing the defect in detail if possible.
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Defects and Remedies. If within twelve (12) months from the date the Goods are put to use (but not exceeding eighteen (18) months from the date of delivery), IFS notifies the Supplier of a defect, the Supplier will make good any such defect (by way of repair or replacement) at the Supplier’s expense. If any such defects are not remedied within a reasonable time (to be determined by IFS, but no longer than ten (10) working days from notice of the defect), details of the defect having been previously communicated in writing to the Supplier, IFS may, upon giving five (5) working days’ notice to the Supplier and without prejudice to any rights it may have, proceed to do such works as are necessary to remedy such defect at the risk and expense of the Supplier.
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Defects and Remedies 
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Related to Defects and Remedies

  • Defaults and Remedies Section 6.01.

  • Breach and Remedies If Seller discovers or is notified of a security breach or potential security breach based on the restrictions contained in this article (“Security Breach”), Seller immediately shall: (i) cease access to any Proprietary Information and Materials that are the subject of the Security Breach and shall not review any Unauthorized Proprietary Information and Materials; (ii) provide notice to Buyer, including notice of the materials involved in the Security Breach, by sending notice to xxxxx@xxxxxx.xxx and to Buyer’s Authorized Procurement Representative for this Contract; and (iii) assist Xxxxx in investigating, remedying, and taking any other action Buyer deems necessary to address such Security Breach, including related to any dispute, inquiry, or claim related to such Security Breach. Seller agrees to permit Buyer to review its security control procedures and practices via physical or electronic access by Buyer, including access to Seller facilities in which such systems are located, as well as any and all premises where maintenance, storage or backup activities are performed. Any material breach of this article by Seller may be considered a default for which Buyer may suspend Electronic Access and/or cancel this Contract, and any other contracts between Buyer and Seller, in accordance with the "Cancellation for Default" article of this Contract. Further, Seller acknowledges that any attempts by Seller or any Seller Personnel to circumvent any security measures designed to prevent unauthorized access to the Boeing Systems may be subject to criminal or civil penalties under the U.S. Federal Computer Fraud and Abuse Act and other applicable laws and regulations.

  • Waivers and Remedies The waiver by any of the parties hereto of any other party's prompt and complete performance, or breach or violation, of any provision of this Agreement shall not operate nor be construed as a waiver of any subsequent breach or violation, and the waiver by any of the parties hereto to exercise any right or remedy which it may possess hereunder shall not operate nor be construed as a bar to the exercise of such right or remedy by such party upon the occurrence of any subsequent breach or violation.

  • Waiver and Remedies The parties may (a) extend the time for performance of any of the obligations or other acts of any other party to this Agreement, (b) waive any inaccuracies in the representations and warranties of any other party to this Agreement contained in this Agreement or in any certificate, instrument or document delivered pursuant to this Agreement or (c) waive compliance with any of the covenants, agreements or conditions for the benefit of such party contained in this Agreement. Any such extension or waiver by any party to this Agreement will be valid only if set forth in a written document signed on behalf of the party or parties against whom the waiver or extension is to be effective. No extension or waiver will apply to any time for performance, inaccuracy in any representation or warranty, or noncompliance with any covenant, agreement or condition, as the case may be, other than that which is specified in the written extension or waiver. No failure or delay by any party in exercising any right or remedy under this Agreement or any of the documents delivered pursuant to this Agreement, and no course of dealing between the parties, operates as a waiver of such right or remedy, and no single or partial exercise of any such right or remedy precludes any other or further exercise of such right or remedy or the exercise of any other right or remedy. Any enumeration of a party’s rights and remedies in this Agreement is not intended to be exclusive, and a party’s rights and remedies are intended to be cumulative to the extent permitted by law and include any rights and remedies authorized in law or in equity.

  • Rights and Remedies When an Event of Default occurs and continues Bank may, without notice or demand, do any or all of the following:

  • Liability and Remedies Compliance with the insurance requirements of this Charter shall not limit the liability of the School, its subcontractors, its sub-subcontractors, its employees or its agents to the Sponsor or others. Any remedy provided to the Sponsor or its members, officers, employees, or agents by the insurance shall be in addition to and not in lieu of any other remedy available under the Charter or otherwise.

  • Default Rights and Remedies If an Event of Default exists, the Agent shall have the following rights and remedies:

  • Other Rights and Remedies Lender shall have all the rights and remedies of a secured creditor under the provisions of the Uniform Commercial Code, as may be amended from time to time. In addition, Lender shall have and may exercise any or all other rights and remedies it may have available at law, in equity, or otherwise.

  • Warranties and Remedies The Supplier warrants that for a period of 12 months after acceptance of the Goods: a) the Goods are of good quality and free from defects in design and workmanship, b) the Goods are manufactured with only new and unused materials; c) the Goods correspond exactly with the requirements of the Agreement and the reasonable expectations of Sioux regarding the characteristics, quality and reliability of the Goods. In the event of a breach of warranty the Supplier shall, during the warranty period, repair or replace, at Sioux’ discretion, the defective Goods free of charge. Sioux shall notify the Supplier of a warranty issue as soon as possible, and at least within 14 calendar days of discovery of the defect, in writing. Goods repaired or replaced within the warranty period, assume the remainder of the original warranty period, or are warranted for a 6 months period, whichever period is longer. Defects caused by unauthorized modifications, use or improper installation of the Goods by, or on behalf of Sioux shall not be considered a breach of warranty. The Supplier warrants that it performs Services using the duty of care as set out in article 3 and according to the description (including any completion criteria) stated in the PO. The remedy for breach of the warranty for Services shall be re-performance by the Supplier, without charge, of the defective part of the Services. The Supplier warrants it shall comply with all privacy and data protection laws and regulations applicable to its Services or Goods.

  • Disputes and Remedies 6 7.01 Agreement of the Parties 6 7.02 Operational Remedies 6 7.03 Equitable Remedies 7 7.04 Continuing Duty to Perform 7 Article VIII. Damages 7 8.01 Availability and Assessment 7 8.02 Specific Items of Liability 7

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