Initial Defects Sample Clauses
The 'Initial Defects' clause defines the parties' rights and obligations regarding any defects or deficiencies present in goods, services, or works at the time of delivery or commencement. Typically, this clause outlines the process for identifying, reporting, and remedying such defects within a specified initial period, often requiring the supplier or contractor to repair or replace defective items at no additional cost. Its core function is to ensure that the recipient receives goods or services that meet agreed standards from the outset, thereby allocating responsibility for pre-existing issues and reducing disputes over quality at the start of the contractual relationship.
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Initial Defects. OneLogin's liability regardless of fault due to initial defects (§ 536a (1) Alt. 1 BGB) is excluded, unless OneLogin acted intentionally.
Initial Defects. 6.1 The Buyer shall have no claim under clause 7 in respect of any defect which should have been apparent on a reasonable visual examination of the Goods unless the conditions in paragraph 6.4 hereof are satisfied.
6.2 If the quantity of Goods delivered does not correspond with the quantity required to be delivered in that consignment the Buyer shall not be entitled to reject that consignment but shall be entitled only:-
6.2.1 if the quantity delivered is less than the contract quantity, to a further delivery of Goods to make up the deficiency or (at the Seller’s option) a refund of the appropriate part of the purchase price, and
6.2.2 If the quantity delivered exceeds the contract quantity, to return the excess or to retain the whole, in which case the price shall be adjusted at the contract rate then prevailing.
6.2.3 Provided that the Buyer shall have no entitlement whatsoever in respect of that deficiency unless the conditions in paragraph 6.4 hereof are satisfied.
6.3 The Buyer shall have no claim under clause 7 in respect of the fact that the Goods delivered are of the wrong description unless the conditions in paragraph 6.4 hereof are satisfied.
6.4 The conditions before referred to are that:-
6.4.1. the receipt for the Goods is qualified by a remark to that effect and
6.4.2. the claim is made upon the Seller within 48 hours of delivery and is confirmed in writing by letter within five days of delivery.
6.5 In any event the Buyer shall be treated as having accepted any consignment of the Goods if it retains them for longer than seven days after their delivery.
6.6 In respect of any defects in part of the Goods or in the event of a defect in Goods forming one instalment out of a series of instalments any default in respect thereof by the Seller shall not entitle the Buyer to repudiate the contract with regard to the remainder of the Goods or to any further instalment.