Common use of Procedure Applied in the Event of Defects or Failures Clause in Contracts

Procedure Applied in the Event of Defects or Failures. 30.3.1 In the event of any defects referred to in Clause 30.1 occurring at any time during the warranty period stipulated in Clause 30.2 above, the Contractor shall, at no expense to the Agency/ASG, promptly correct any failure to fulfil the above warranties and to comply with the requirements of the Contract. The Agency/ASG shall notify the Contractor of such failure during the warranty period. The Contractor shall promptly remedy such non-conformities at no additional charge. The Contractor shall furthermore include retrofits to the Harness FM2 design and/or development required to implement corrections to any Non Compliance or any failure or malfunctioning identified during the Harness FM1 development and End of the specified Operational Life of the FM1 on board MTG-S1. On receipt of notification of the defect, the Contractor shall indicate whether he wishes to repair or replace the item. However, after receiving the Contractor's proposal, the Agency/ASG shall decide whether such supplies shall be replaced free of charge by the Contractor, whether their cost shall be reimbursed by him at replacement prices, or whether they shall be repaired or modified by him at his expense. 30.3.2 The Agency/ASG shall determine a reasonable time limit for such repair or replacement in the understanding that after expiration of such period, and after serving due notice to the Contractor, either the Agency/ASG itself or by ways of a replacement contract, shall be entitled to correct the defect at the charge of the Contractor and to assert any other rights accruing in relation to such failure. 30.3.3 The Contractor's warranty obligations for non flight items shall cover the cost of removal, replacement or repair by the Contractor, his sub or lower level contractors concerned, including the supply and updating of appropriate documentation, as well as the cost of re-installation, re-acceptance testing by the Agency/ASG or its nominee(s) of those parts or components which have been found to be defective within the scope of the planned use. The warranty shall also cover all travel expenses, packing and transport charges incurred in connection with repair or replacement. 30.3.4 The Contractor's warranty obligations for flight items, after launch, shall cover the cost of analysis and implementation of ground segment based remedial actions necessary to expediently remedy the defect. 30.3.5 All defective items will be held by the Agency/ASG or its nominee on behalf of the Contractor, but at the Contractor's risk, for a period of one month following the Agency's/ASG's or its nominee's notification to the Contractor. Thereafter, the Agency/ASG or its nominee may dispose of such items as they think fit and free of charge. The Contractor shall ensure that the provisions of this Article are properly incorporated in the sub and lower level contracts, and shall assign to the Agency/ASG or its nominee the benefits of any more favourable provisions obtained at sub or lower level. The warranties expressed above are not sole and exclusive, but are in addition to any other expressed or implied warranties. Any other rights provided in this Agreement or by law are reserved.

Procedure Applied in the Event of Defects or Failures. 30.3.1 In the event of any defects referred to in Clause 30.1 occurring at any time during the warranty period stipulated in Clause 30.2 above, Astrium shall request that the Contractor shallitem concerned be restored, at no expense to the Agency/ASGby repairing or replacing, promptly correct any failure to fulfil the above warranties and to comply with the requirements of the Contract. The Agency/ASG shall notify the Contractor of such failure during the warranty period. The Contractor shall promptly remedy such non-conformities at no additional charge. The Contractor shall furthermore include retrofits to the Harness FM2 design and/or development required to implement corrections to any Non Compliance or any failure or malfunctioning identified during the Harness FM1 development and End of the specified Operational Life of the FM1 on board MTG-S1. On receipt of notification of the defect, the Contractor shall indicate whether he wishes to repair or replace the item. However, after receiving the Contractor's proposal, the Agency/ASG Astrium shall decide whether such supplies shall be replaced free of charge by the Contractor, whether their the cost shall be reimbursed by him at replacement prices, or whether they shall be repaired or modified by him at his expense. 30.3.2 The Agency/ASG Astrium shall determine a reasonable time limit for such repair or replacement in the understanding that after replacement. After expiration of such period, and after serving due notice to the Contractor, either the Agency/ASG Astrium itself or by ways way of a replacement contract, contract shall be entitled to correct the defect at the charge of the Contractor and to assert any other rights accruing in relation to such failure. 30.3.3 The Contractor's warranty obligations for non flight items shall cover the cost of removal, replacement or repair by the Contractor, his sub or lower level contractors Subcontractor(s) concerned, including the supply and updating of appropriate documentation, as well as the cost of re-installation, re-acceptance testing by the Agency/ASG Astrium or its nominee(s) of those parts or components which have been found to be defective within the scope of the planned use. The warranty shall also cover all travel expenses, packing and transport charges incurred in connection with repair or replacement. 30.3.4 The Contractor's warranty obligations for flight items, after launch, shall cover the cost of analysis and implementation of ground segment based remedial actions necessary to expediently remedy the defect. 30.3.5 All defective items will be held by the Agency/ASG or its nominee on behalf of the Contractor, but at the Contractor's risk, for a period of one month following the Agency's/ASG's or its nominee's notification to the Contractor. Thereafter, the Agency/ASG or its nominee may dispose of such items as they think fit and free of charge. The Contractor shall ensure that the provisions of this Article are properly incorporated in the sub and lower level contracts, and shall assign to the Agency/ASG or its nominee the benefits of any more favourable provisions obtained at sub or lower level. The warranties expressed above are not sole and exclusive, but are in addition to any other expressed or implied warranties. Any other rights provided in this Agreement or by law are reserved.

Procedure Applied in the Event of Defects or Failures. 30.3.1 In the event of any defects referred to in Clause 30.1 occurring at any time during the warranty period stipulated in Clause 30.2 above, the Contractor shall, at no expense to the Agency/ASG, promptly correct any failure to fulfil the above warranties and to comply with the requirements of the Contract. The Agency/ASG shall notify the Contractor of such failure during the warranty period. The Contractor shall promptly remedy such non-conformities at no additional charge. The Contractor shall furthermore include retrofits to the Harness Grism FM2 design and/or development required to implement corrections to any Non Compliance or any failure or malfunctioning identified during the Harness Grism FM1 development and End of the specified Operational Life of the FM1 on board MTG-S1. On receipt of notification of the defect, the Contractor shall indicate whether he wishes to repair or replace the item. However, after receiving the Contractor's proposal, the Agency/ASG shall decide whether such supplies shall be replaced free of charge by the Contractor, whether their cost shall be reimbursed by him at replacement prices, or whether they shall be repaired or modified by him at his expense. 30.3.2 The Agency/ASG shall determine a reasonable time limit for such repair or replacement in the understanding that after expiration of such period, and after serving due notice to the Contractor, either the Agency/ASG itself or by ways of a replacement contract, shall be entitled to correct the defect at the charge of the Contractor and to assert any other rights accruing in relation to such failure. 30.3.3 The Contractor's warranty obligations for non flight items shall cover the cost of removal, replacement or repair by the Contractor, his sub or lower level contractors concerned, including the supply and updating of appropriate documentation, as well as the cost of re-installation, re-acceptance testing by the Agency/ASG or its nominee(s) of those parts or components which have been found to be defective within the scope of the planned use. The warranty shall also cover all travel expenses, packing and transport charges incurred in connection with repair or replacement. 30.3.4 The Contractor's warranty obligations for flight items, after launch, shall cover the cost of analysis and implementation of ground segment based remedial actions necessary to expediently remedy the defect. 30.3.5 All defective items will be held by the Agency/ASG or its nominee on behalf of the Contractor, but at the Contractor's risk, for a period of one month following the Agency's/ASG's or its nominee's notification to the Contractor. Thereafter, the Agency/ASG or its nominee may dispose of such items as they think fit and free of charge. The Contractor shall ensure that the provisions of this Article are properly incorporated in the sub and lower level contracts, and shall assign to the Agency/ASG or its nominee the benefits of any more favourable provisions obtained at sub or lower level. The warranties expressed above are not sole and exclusive, but are in addition to any other expressed or implied warranties. Any other rights provided in this Agreement or by law are reserved.