Defects definition

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.

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Defects means any defect or omission in materials or workmanship and any nonconformity with the specifications for the Goods agreed in the Contract (excluding trivial or immaterial defects not affecting functionality or use).

Defects has the meaning set forth in Section 3.20.

Examples of Defects in a sentence

If Contractor fails to initiate correction of Work having such Defects or Deficiencies within seven (7) Days after discovery of such Defects or Deficiencies, Owner may correct such Work.
If Contractor fails to initiate correction of Materials or Work having Defects or Deficiencies in accordance with Section 17.4 within five (5) Days of Notice from Owner, Owner may correct such Materials or Work without relieving Contractor of any of its warranty obligations hereunder.
Such warranty extension for Serial Defects is in lieu of and not in addition to the extension of the Warranty Period contemplated in Section 20.4.2.
Contractor’s obligation to correct Defects or Deficiencies includes uncovering, recovering, correcting and removing Work that contains Defects or Deficiencies, as well as modifying, removing, disassembling, uncovering, rebuilding, re-engineering, replacing or covering or otherwise handling all other Work affected by such Defects or Deficiencies or the correction thereof.
If Contractor does not, within ten (10) Days of Notice from Owner, repair or remove Work (or initiate removal thereof) which has Defects or Deficiencies, Owner may, in its discretion, remove, repair, store, sell or dispose of such Work.

More Definitions of Defects

Defects as used in this Article shall mean any deficiency, omission, imperfection, error, flaw, shrinkage or other fault in the quality of the Works, fair wear and tear excepted.

Defects or “Deficiencies” means any components, tools, Materials, installation (including the installation and integration of Owner Furnished Equipment and Materials by Contractor or its Subcontractors), construction, workmanship or Work (including any Corrective Work) that, in Owner’s reasonable judgment, (a) do not conform to the terms of this Agreement or any Warranty or (b) are not of uniform good quality, or designs which fail to conform to the Applicable Codes and Standards, Owner Standards and all other requirements of this Agreement, including Exhibit A (to the extent designed by Contractor or its Subcontractors), application, manufacture or workmanship, or that contain improper or inferior workmanship. Defects and Deficiencies shall not be deemed to include breakdown or damage caused by (i) Owner’s, its Affiliates’ or Owner Contractors’ negligence or Willful Misconduct, (ii) Owner’s failure to supply Owner Furnished Equipment and Materials, or failure of the Owner Furnished Equipment and Materials to perform in accordance with the requirements of this Agreement and of the applicable Owner Contract pursuant to which such Owner Furnished Equipment and Materials were purchased by Owner, or Owner’s failure to perform the Owner Scope of Work, (iii) Owner’s failure to operate or maintain an LNG Production System or the Facility in accordance with operations and maintenance manuals provided to Owner by Contractor or an Owner Contractor, (iv) any repair, alteration or modification by third parties (unless such third party was an Agent For Contractor or approved by Contractor or was retained by Owner to perform such repair, alteration or modification in accordance with this Agreement where Contractor failed to initiate correction of Work), (v) normal wear and tear, or (vi) any effects of the elements on, or use outside of the design parameters of, an LNG Production System or the Facility, including distortion, corrosion, abrasion, material changes to the operating conditions (such as temperature, pressure, or changes in material product composition).

Defects means any defect determined to be a defect by the Graders pursuant to Rule GGGG.4(d).

Defects means any deficiencies or defects in the design, construction, material and/or workmanship on the part of the Builder or its sub-contractors.

Defects has the meaning set forth in Section 4.1.

Defects means major structural defects as defined in section 13 of the Housing Consumers Protection Measures Act 95 of 1998 which Defects arise from non-compliance with the NHBRC Technical Requirements;

Defects means Services and/or Equipment not meeting the standards or specifications expressly detailed in this Agreement.