Defects Liability Sample Clauses

Defects Liability. 11.1 In case of a defect, the Seller will, without undue delay and free of charge, make good any defects and/ or deficiencies in its Supplies and Services which were already existent at the time of transfer of risk to the Customer by, at its sole discretion and as the nature of the defect or deficiency would reasonably require,repair or replacement. The Customer has the obligation to inform the Seller of any defect and/ or deficiency without undue delay after detection of the same. 11.2 Should remedy of a defect and/ or deficiency finally fail, the Customer shall – without prejudice to claim damages – be entitled to terminate the Contract or ask for an equitable adjustment of the Contact price. Except as otherwise provided in the Contract, a remedy shall be deemed to have finally failed after the third unsuccessful attempt by the Seller to rectify the defect and/or deficiency. 11.3 Defect liability claims shall become statute-barred after a period of 12 months, counted from the date of completion of the concerned Supplies and/or Services (“Defect Liability Period”). In case and where a longer Defect Liability Period is mandatory as per applicable law, the Defect Liability Period mentioned in the preceding sentence shall be replaced by such mandatory longer period. If any part of the Supplies and Services has to be repaired or replaced during the Defect Liability Period, the Defect Liability Period for the relevant part of the Supplies and Services shall begin for another period of 12 months, however, provided that the Defect Liability Period shall not be (further) extended beyond 24 months from the from the date of completion of the concerned Supplies and/ or Services. 11.4 The Seller shall not be liable for any damage / defect occurring after transfer of risk to the Customer being a result of careless usage, inappropriate consumables/ fuels, defective and/ or deficient civil works, inappropriate ground conditions or special outside influences which are not specifically provided for in the Contract. Should the Customer or any third party perform improper maintenance works or effect any changes to the Supplies and Services the consequences thereof shall not be covered under subject defect liability obligations of the Seller. 11.5 The Seller shall not be liable for normal wear and tear. Wear-parts are excluded from any defect liability, except in case the Customer provides proof that the damage or defect is not caused by normal wear and tear. 11.6 Any furthe...

Defects Liability. 10.1 Siemens shall be liable for the proper performance of the Services in accordance with this Contract. If Siemens delivers materials and goods in connection with the Services, Siemens shall be liable to the Customer for any non-conformity with express terms of this Contract resulting from circumstances existing at the time of the transfer of risk. 10.2 The Customer shall immediately notify Siemens in writing of any defective Services or defective materials and goods without undue delay. The Customer’s claims in respect of defects shall be excluded for any apparent defects if the Customer has failed to do so. Upon such written notification, Siemens shall be given a reasonable period of time and opportunity to re-perform the Services and/or, at its option, repair or replace defective materials or goods. The Customer shall grant Siemens working access to the defective Services, material, or goods, and shall undertake any necessary disassembly and reassembly, and shall provide access to operation and maintenance data, all at no charge to Siemens. Upon Siemens’ request, the Customer shall ensure that the title to the replaced parts/items shall pass to Siemens. 10.3 The defects liability period for any part of the Services shall expire 12 months after provision of the defective Services or acceptance if agreed. For materials and goods, the defects liability period shall expire 12 months after the transfer or risk. For re-performed Services and replaced or repaired materials and goods, the defects liability period is 6 months from the date of re-performance, replacement, or repair, if the original defects liability period expires earlier. In any event, the defects liability period shall end no later than 24 months from the beginning of the original defects liability period. 10.4 There shall be no warranty claim for insignificant deviations from the agreed quality, of only minor impairments of usability, for normal wear and tear, or impairments due to improper or negligent handling by Customer, unsuitable equipment provided by Customer, non-reproducible software errors or special external influences which are not identified within the Contract. In addition, software errors are only deemed a defect if the defect occurs in the most current software version at the given time. 10.5 If software is defective, Siemens shall only be obliged to provide the Customer with an updated version of the software in which the defect has been remedied when Siemens can be reasonab...

Defects Liability a.) Metso Outotec warrants that the Services shall be performed with such degree of skill, diligence and workmanlike manner ordinarily expected from a professional engineer applying the standards generally adopted by professional engineers for the technical disciplines involved for the safe performance of services of a type and complexity equivalent to the Services and that the Deliverables shall be free from defects in design attributable to Metso Outotec, provided that any defect must be claimed in writing within the defects liability period of, unless otherwise specified in the Contract, six months from the completion of the Services and provision of the Deliverables. Metso Outotec’s liability under this warranty shall be limited to the reperformance of defective Services and rectification of defective Deliverables and the above defects liability period shall be extended by six months from the reperformance or rectification but shall not extend beyond three months from the expiry of the initial defects liability period. b.) Metso Outotec does not warrant, represent or guarantee the technical or commercial feasibility of or availability of a suitable technical or commercial solution for any project, facility or goods being the subject of any engineering or consultancy Services. Metso Outotec shall, unless otherwise agreed in writing in the context of Metso Outotec supplying any such technology, plant or goods not be liable for any damage or losses resulting from the use of any technology, plant or goods described in the Deliverables. c.) Except as specifically provided in this clause, Metso Outotec has not made and does not make any warranties, guarantees, representations, indemnities or the like, whether express, implied, statutory, or otherwise arising from trade usage or practice including without limitation warranties of uninterrupted or error-free operation, fitness for purpose or merchantability and any such warranties, guarantees, representations, indemnities or the like are expressly disclaimed and excluded. Technical, design and other information and descriptions in brochures, catalogues or other written documentation shall only serve as a general description of the deliverables and shall not be deemed as agreed or guaranteed quality or performance.

Defects Liability. Not used

Defects Liability. 13.1 For the purposes of this agreement, except where expressly stated otherwise, 14 (fourteen) days after the date of completion shall be the due date for payment of the final instalment by the Employer to the Contractor (exclusive of the retention referred to in clause 9 above). 13.2 Upon completion of the works and payment of the final instalment the Employer shall take possession of and inspect the Works and provide the Contractor with a final written list within 7 (seven) days of any work still to be competed and/or defects to be remedied. The defects liability period shall commence from the date of completion. Any dispute regarding the defects list shall be submitted to the Architect who shall adjudicate thereon, and whose decision shall be final and binding on both parties. 13.3 The Contractor shall, within 30 (thirty) days after receipt of the notice of defects referred to in clause 13.2, at its own costs, remedy such defects which it is, after examination thereof, satisfied that it: 13.3.1 is due to defects in the materials, design or workmanship; 13.3.2 have not been caused by any alterations, variations or modifications to the materials or the building caused by the Employer; 13.3.3 have not arisen from neglect or misuse by the Employer; 13.3.4 which is not in accordance with the drawings and schedules as amended by any variation agreements or orders. 13.4 The Contractor shall however not be liable for: 13.4.1 damage or loss caused by misuse, negligence or abuse or accident or any risk insured against in terms of the insurance policy normally used by Banks in respect of a mortgage bond over residential property 13.4.2 touch-up painting of any nature whatsoever; 13.4.3 hairline cracks in the plaster work. 13.5 Should the Employer fail to give the said notice timeously and within the period stipulated, it shall be regarded that the building has been built and completed in accordance with the drawings and specifications to the satisfaction of the Employer and the Employer shall be deemed to have accepted the building in good order and condition and the Contractor shall be discharged from its obligations hereunder with no further liability towards the Employer and the Employer shall have no further claim whatsoever against the Contractor. 13.6 Should the Employer fail to notify the Contraction within the period provided, of a defect in the materials or the building works of which he could reasonably have been expected to have knowledge of, the Contr...

Defects Liability. 9.1 In this Contract, and subject to Clause 9.2, a defect shall mean any non-conformity of the Supplies with the express terms of this Contract resulting from circumstances existing in the Supplies at the time of the transfer of risk to the Customer (the “Defects”). 9.2 In particular, the following shall not be Defects: a) normal wear and tear, non-conformity resulting from excessive strain; b) non-conformity resulting from faulty or negligent handling; non-compliance with instructions or recommendations in operation or maintenance manuals and other documents; c) installation, erection, modification, commissioning, or pre-commissioning, in each case not carried out by Innomotics; d) non-reproducible software errors; e) defects which do not significantly impair the use of the respective Supplies; f) defects due to unsuitable equipment and/or an unsuitable operating environment, both not provided by Innomotics under this Contract, or due to any external risks not expressly assumed by Innomotics under the Contract. Potential claims of the Customer in relation to other agreements with Innomotics shall not be affected. 9.3 The Customer shall immediately inspect the Supplies upon delivery and shall notify Innomotics in writing of any Defects without undue delay. The Customer’s claims in respect of defects shall be excluded for any apparent defects if the Customer has failed to do so. Upon such written notification, Innomotics shall, at its option, remedy a Defect by repair, replacement, or re-performance. Innomotics shall be given a reasonable period of time and opportunity to remedy the Defect. For this purpose, the Customer shall grant Innomotics working access to the non-conforming Supplies, shall undertake any necessary dis-assembly and re-assembly, and shall provide access to operation and maintenance data, all at no charge to Innomotics. For this purpose, the Customer shall at no charge to Innomotics: a) provide Innomotics with the documentation and information which is necessary for the rectification of a defect, b) grant Innomotics working access to the non-conforming Supplies, c) undertake any necessary disassembly and re-assembly, d) for defects that occur in the software: ensure that Innomotics has available to it the necessary hardware and software as well as the necessary operating conditions with suitable personnel. Upon Innomotics´ request, the Customer shall ensure that the title to the replaced parts/items shall pass to Innomotics. 9.4 Unless ot...

Defects Liability. The Promoter shall rectify any structural defects with respect to the Apartment (normal wear and tear is exempted), which shall not be as the result of any commission or omission of the Allottee/s, any damages caused due to the acts of god or natural calamities or fire accidents, any willful or accidental damages caused, any damages caused due to tampering by the Allottee/s, any product that has been installed by the Promoter brought to the notice of the Promoter within 5 years from the date of intimating the readiness to handover of the Apartment or from the date of receipt of Occupation Certificate, whichever is earlier, and thereafter no claim shall be entertained against the Promoter in respect of any alleged defective work in the Apartment and/or Project under any circumstances. The above liability of the Promoter shall be restricted only to rectify / repair the above defects and any consequential damages will not be covered under this Agreement. Structural defects shall not include plastering hairline crack. Third party warranty on products shall be governed by the terms and conditions provided by the manufacturer of the respective products. Provided that the Promoter’s obligation under Defect Liability shall stand automatically cancelled, in case the Allottee/s makes any kind of changes either structural or non-structural (including interiors) which change the manner in which the Apartment was originally handed over by the Promoter to the Allottee/s.

Defects Liability. The Defects Liability Period stated in the Annexure shall commence on the Date of Practical Completion. As soon as possible after the Date of Practical Completion, the Contractor shall rectify any defects or omissions in the work under the Contract existing at Practical Completion. At any time prior to the 14th day after the expiration of the Defects Liability Period, the Superintendent may direct the Contractor to rectify any omission or defect in the work sounder the Contract existing at the Date of Practical Completion or which becomes apparent prior to the expiration of the Defects Liability Period. The direction shall identify the omission or defect and state a date by which the Contractor shall complete the work of rectification and may state a date by which the work of rectification shall commence. The direction may provide that in respect of the work of rectification there shall be a separate Defects Liability Period of a stated duration not exceeding the period stated in the Annexure. The separate Defects Liability Period shall commence on the date the Contractor completes the work of rectification. Clause 37 shall apply in respect of the work of rectification and the Defects Liability Period for that work of rectification. Lihir Gold Limited Contract No LGL-MO-0107 Provision of Geothermal Coring Services Part III: General Conditions of Contract If the work of rectification is not commenced or completed by the stated dates, the Principal may have the work of rectification carried out at the Contractor’s expense, but without prejudice to any other rights that the Principal may have against the Contractor with respect to such omission or defect and the cost of the work of rectification incurred by the Principal shall be a debt due from the Contractor. If it is necessary for the Contractor to carry out work of rectification, the Contractor shall do so at times and in a manner which cause as little inconvenience to the occupants or users of the Works as is reasonably possible.

Defects Liability. ‌ 8.1 Security for Defects Liability Period‌ Until the expiry of the relevant Defects Liability Period, the City may retain from the Guarantee an amount equal to 10% of the Attributed Value of the Public Benefits as security for the Developer’s performance of its obligations under this clause 8. The Developer must make any necessary arrangements to allow the provision of the Guarantee for the Defects Liability Period in accordance with this clause. 8.2 Defect in the Public Benefits‌ (a) If:‌ (i) the Developer is in breach of clause 4.2 of this document; or (ii) the City notifies the Developer of a Defect in the Public Benefits within the Defects Liability Period, then, following written notice from the City, the Developer must promptly correct or replace (at the Developer’s expense) the defective elements of the Public Benefits. (b) If the Developer is unable or unwilling to comply with clause 8.2(a), or fails to rectify the Defect within three months of receiving notice from the City under clause 8.2(a), the City may: (i) rectify the Defect itself; (ii) make a claim on the Guarantee in accordance with clause 10.3 of Schedule 3 for the reasonable costs of the City in rectifying the Defect; and (iii) to the extent the costs incurred to rectify the Defect exceeds the Guarantee, recover the reasonable costs from the Developer as a debt due and owing to the City. (c) If the City requires access to the Land to rectify any Defect, the Developer grants the City and its contractors a licence for such period as is necessary for the City and its contractors to access the Land to carry out, or procure the carrying out, of the rectification works.