Apparent Defects definition

Apparent Defects has the meaning given in Clause 10.2;
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Apparent Defects means defects in the Goods or any components of the Goods where an examination or inspection ought reasonably have to revealed the defects in the Goods to the Buyer.
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Apparent Defects has the meaning given in Clause 11.1(a); [***] INDICATES MATERIAL THAT WAS OMITTED AND FOR WHICH CONFIDENTIAL TREATMENT WAS REQUESTED. ALL SUCH OMITTED MATERIAL WAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO THE RULES APPLICABLE TO SUCH CONFIDENTIAL TREATMENT REQUEST.
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Examples of Apparent Defects in a sentence

  • Apparent Defects – Flooring Product with apparent defects (such as, for example, visible or audible defects) should not be installed.

  • If Apparent Defects are found on taking over Goods by the Buyer, the Buyer is obligated to record the defects on the delivery note and have the record signed by the carrier or driver.

  • Endo will inspect the Product delivered for damages of the outer packaging material identifiable by means of a sight test (“Apparent Defects”), shortages in order quantity, or failure in any material way to comply with the Warranty set forth in Section 13.1 and will notify Vyrix of any Apparent Defects, shortage, or failure with respect to Section 13.1 within thirty (30) days of receipt by Endo.

  • Endo will notify Vyrix of any hidden or latent defects (i.e. defects other than Apparent Defects), of which it becomes aware, within thirty (30) days following discovery of the defect.

  • The notification by Distributor of Apparent Defects and Concealed Defects shall include sufficient information for Curetis to identify the concerned production lot and batch.

  • If the Buyer fails to provide such certification after being requested to do so by the Seller, the Goods shall be regarded as being free from Apparent Defects.

  • Defects or shortage of Apparent Defects must be reported by written notice given to IRISTICK within ten (10) Business Days from the date of Delivery, except in case of Hidden Defects where notice of such claims shall be made within ten (10) Business Days from discovery of such Hidden Defects.

  • The Buyer is obliged to notify the Supplier of such defects in Goods that the Buyer must have found when paying usual attention as early as the takeover of the Goods (hereinafter referred to as “ Apparent Defects”) in writing together with the related documentation of the Apparent Defects (photographs, samples, and a description of the occurrence) without delay on finding them.

  • Failure to Inspect the Goods) Where the Buyer fails to inspect the Goods before or after Assembly after being requested to do so by the Seller pursuant to Clause 8 above, the Buyer shall be deemed to have accepted the Goods as being free from any Apparent Defects.

  • Warranty Periods) The warranty period for Apparent Defects in the Goods is for three (3) months from the Delivery Date.


More Definitions of Apparent Defects

Apparent Defects has the meaning set forth in Section 11.3;
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Apparent Defects has the meaning given in Section 9.2.1(a).
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Related to Apparent Defects

  • Latent Defects means such defects caused by faulty designs, material or work-man- ship which cannot be detected during inspection, testing etc, based on the technology available for carrying out such tests.

  • Latent Defect means a defect, inherently lying within the material or arising out of design deficiency, which do not manifest themselves and/or was not reasonably discoverable during Defect Liability period.

  • Document Defect As defined in Section 2.03(a).

  • Defects means any part of the Works not completed in accordance with the Contract, or completed with deficiencies and flaws and includes deficiencies, flaws, etc. developed during the execution of Works and during the Defect Liability Period.

  • Minor defect means a defect which is not a Major Defect.

  • Material Document Defect As defined in Section 2.03(a) of this Agreement.

  • Material Defect As defined in Section 2.02(c) hereof.

  • Nonconformance as used in this clause means a condition of any hardware, software, material, or service/workmanship in which one or more characteristics do not conform to requirements.

  • Nonconformity or “Nonconformities” means any failure or failures of the Software to conform to the requirements of this Contract, including any applicable Documentation.

  • Mentally defective means that a person suffers from a mental disease or defect which renders the person temporarily or permanently incapable of appraising the nature of his or her conduct. S.C. Code Ann. §

  • Defective Work means (a) Work that is unsatisfactory, deficient or damaged, does not conform to the Contract Documents, or does not meet the requirements of any inspection, test or approval, or (b) Work associated with punch list items that the Contractor fails to complete within a reasonable time after issuance of the punch list by the Project Manager.

  • Title Defects has the meaning set forth in Section 5.15(b).

  • Congenital Condition(s) means (a) any medical, physical or mental abnormalities existed at the time of or before birth, whether or not being manifested, diagnosed or known at birth; or (b) any neo-natal abnormalities developed within six (6) months of birth.

  • Environmental Defect means, with respect to any given Asset, a material violation of Environmental Laws in effect as of the Effective Time in the jurisdiction in which such Asset is located.

  • Major Defect means a condition that exists on a ground ambulance vehicle that requires the Department or the certificate holder to place the ground ambulance vehicle out-of-service.

  • Nonconforming use means a use of land that:

  • Unwarranted failure to comply means the failure of a permittee to prevent the occurrence of any violation of the permittee's permit or any requirement of this chapter due to indifference, lack of diligence, or lack of reasonable care, or the failure to abate any violation of such permit or this chapter due to indifference, lack of diligence, or lack of reasonable care.

  • Nonconforming structure means a structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.

  • Seller’s Actual Knowledge means the current actual knowledge of Xxxxx Xxxxxxx, Xxxxxxxx Xxxxxxx, Xxxxx Xxxxxxxx, Xxxxxx Xxxxxxxx, and Xxxxxxx Xxxxxxx, without any inquiry. Seller represents and warrants that Xxxxxx Xxxxxxxx is the representative of Seller with principal administrative and oversight responsibility for the Property. The parties agree that (i) Seller's warranties and representations contained in this Agreement and in any document executed by Seller pursuant to this Agreement shall survive Buyer's purchase of the Property only for a period of one (1) year after the Close of Escrow (the "Limitation Period"), and (ii) Buyer shall provide actual written notice to Seller of any alleged breach of such warranties or representations and shall allow Seller thirty (30) days within which to cure such alleged breach, or, if such alleged breach cannot reasonably be cured within thirty (30) days, an additional reasonable time period, so long as such cure has been commenced within such thirty (30) days and diligently pursued. In no event is Seller obligated to cure any alleged breach. If Seller fails or elects not to cure such alleged breach after actual written notice and within such cure period, Buyer's sole and exclusive remedy shall be an action at law for damages, but in no event lost profits or punitive damages, which must be commenced, if at all, within the Limitation Period; provided, however, that if within the Limitation Period Buyer gives Seller written notice of such alleged breach and Seller commenced to cure and thereafter terminates such cure effort, Buyer shall have an additional sixty (60) days from the date that Seller notifies Buyer in writing that Seller has terminated its cure effort within which to commence such an action.

  • Product Warranty has the meaning set forth in Section 9.3.

  • Heavy-duty hand cleaner or soap means a product designed to clean or remove difficult dirt and soils such as oil, grease, grime, tar, shellac, putty, printer’s ink, paint, graphite, cement, carbon, asphalt, or adhesives from the hand with or without the use of water. “Heavy-duty Hand Cleaner or Soap” does not include prescription drug products, “Antimicrobial Hand or Body Cleaner or Soap,” “Astringent/Toner,” “Facial Cleaner or Soap,” “General-use Hand or Body Cleaner or Soap,” “Medicated Astringent/Medicated Toner” or “Rubbing Alcohol.”

  • Unsuitable material means material other than suitable material and shall comprise:

  • Environmental Conditions means any conditions of the environment, including, without limitation, the work place, the ocean, natural resources (including flora or fauna), soil, surface water, ground water, any actual or potential drinking water supply sources, substrata or the ambient air, relating to or arising out of, or caused by the use, handling, storage, treatment, recycling, generation, transportation, Release or threatened Release or other management or mismanagement of Regulated Substances resulting from the use of, or operations on, the Property.

  • Specified Materials means the basic materials required on the Site for the execution and completion of Works, which shall include fuel and lubricants; cement; aggregates; steel reinforcement; timber and gravel.

  • Contamination means an impairment of the quality of the waters of the state by waste to a degree which creates a hazard to the public health through poisoning or through the spread of disease. “Contamination” includes any equivalent effect resulting from the disposal of waste, whether or not waters of the state are affected.

  • Environmental Condition means any condition or circumstance, including the presence of Hazardous Substances which does or would (i) require assessment, investigation, abatement, correction, removal or remediation under any Environmental Law, (ii) give rise to any civil or criminal Liability under any Environmental Law, (iii) create or constitute a public or private nuisance or (iv) constitute a violation of or non-compliance with any Environmental Law.