Inherent Defects Sample Clauses
The Inherent Defects clause defines the responsibilities and liabilities related to defects that are intrinsic to materials, workmanship, or design in a project or product. Typically, this clause clarifies whether the contractor or supplier is liable for repairing or compensating for defects that arise from the natural properties of materials or unavoidable flaws in standard processes, rather than from negligence or poor workmanship. By addressing these issues, the clause helps allocate risk between parties and ensures clarity about who bears the cost and responsibility for defects that are not preventable through reasonable care.
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Inherent Defects. To the extent remanufacturing, refurbishment, modernization, and/or modification services are included within the scope of Services identified in a Quotation, Purchase Order, or any agreement between Buyer and Seller, any defect in Buyer’s equipment to which Seller performs such remanufacturing, refurbishment, modernization, and/or modification services that is attributable in whole or in part to engineering, design specifications, latent defects, corrosion, or fatigue that are inherent to and/or present in or on the equipment is not covered by any warranty of Seller, and Seller shall not be liable for any costs, expenses, losses, or damages of any nature whatsoever that are caused in whole or in part by any such defect.
Inherent Defects. Without prejudice to any other rights and remedies of the Tenant under this Agreement (subject to Clause 5.5.2) if any Inherent Defect manifests itself or the Building or any part thereof is damaged by an Inherent Defect and such Inherent Defect is notified to the Developer and has manifested itself during the period of five years commencing on the date of Shell & Core Substantial Completion (the "ID PERIOD") then the Developer and the Tenant shall agree a method and programme for carrying out any necessary remedial work and the Developer shall procure the carrying out any necessary works to remedy the Inherent Defect and any damage thereby caused provided always that:-
14.4.1 Where the Developer carries out any works the Tenant shall give and procure all reasonably necessary access for that purpose subject to the provisions of Clause 14.6;
14.4.2 The Developer shall not be liable for the remedy of defects (whether under this Clause 14.4 or otherwise and howsoever arising) to the extent that the existence of any Inherent Defect results from acts or omissions of the Tenant in breach of this Agreement or any subsequent Fit Out Works or alterations carried out by the Tenant or any subtenant, licensee, occupier, person sharing possession with the Tenant result in any claims by the Developer in relation to any relevant contract, appointment, warranty, duty of care deed, or insurance policy the terms of which in each case have previously been notified to the Tenant being defeated, vitiated or avoided or in the Inherent Defect being worsened and in such case the Developer shall allow the Tenant all access to the Building which is necessary to enable the Tenant to carry out the remedial work itself; and
14.4.3 Notwithstanding Clause 14.4 and to the extent that it will not result in any claims by the Developer in relation to any relevant contract appointment warranty duty of care deed or insurance policy the terms of which in each case have previously been notified to the Tenant being defeated vitiated or avoided the Tenant may elect to carry out remedial works which the Developer is liable to carry out itself where entry by the Developer is likely to interfere materially with the Fit Out Works and if the Tenant makes such election the reasonable and proper costs and expenses (excluding any part thereof which represents VAT in respect of which the Tenant is entitled to credit or repayment from H M Customs & Excise) of the remedial works including professional fees ...
Inherent Defects. Although back-up equipment for most essential items is carried, the Photographer is not liable for damages, including but not limited to delay or omission arising from inherent equipment defects or fault, or other causes beyond its control. Liability in any event is limited to refund of all Photographer’s fees paid.