Common use of Liability for defects Clause in Contracts

Liability for defects. 10.1. If any Goods are defective or otherwise do not conform to the warranties and any other requirements of the Agreement, NOVALED may, without prejudice to any other right or remedy available to it under the Agreement or at law: a) demand Supplier to - at NOVALED’s discretion - either promptly repair or replace the nonconforming Goods free of charge; and b)reduce the agreed price or rescind the Agreement in whole or in part or claim damages instead of performance if repair or replacement is still not or not successfully effected after expiry of a reasonable period of grace set by NOVALED; however, rescinding the Agreement does not disentitle NOVALED to claim damages instead of performance in addition; or c) in urgent cases where Supplier, due to reasons for which he is responsible, cannot be informed in time and requested to repair or replace within a period of grace, NOVALED may itself repair or replace the nonconforming Goods at the Supplier’s cost.