Defective delivery Sample Clauses

Defective delivery. (1) Unless otherwise stipulated, statutory provisions shall apply regarding our rights with respect to material and legal defects in the goods (including wrong and shortfall delivery, inexpert assembly, deficient assembly or operating instructions) and regarding other breaches of duty on the part of the seller.
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Defective delivery. If in the Xxxxxx’x reasonable opinion, the Service Provider has failed to comply with this Agreement in the supply of the Goods, Xxxxxx may give written notice to the Service Provider, and the Service Provider must, within 14 calendar days of Xxxxxx’x notice, rectify the non-compliance and if reasonably required, must re-supply the complying Goods.
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Defective delivery. If in Tetra Tech International Development’s reasonable opinion the Service Provider has failed to comply with this Agreement in supplying the Goods, Tetra Tech International Development may give written notice to the Service Provider, and the Service Provider must, within 14 calendar days of Tetra Tech International Development’s notice, either rectify the non-compliance or, where the non- compliance cannot be rectified, re-supply the Goods.
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Defective delivery. The target quality corresponds to the agreed specifications and / or the approved first sample. If and in so far as any specifications are incomplete or missing, the target quality shall be the charac- teristics of those goods which were delivered as the last goods not rejected. In the event of a notice of defect, Client shall prepare and submit to Contractor a corresponding report including a sample of the defective item, unless submission of such sample is not feasible. Contractor shall take immediate action to remedy the situation and inform the Client’s quality management department accordingly in text form within 24 hours. If and in so far as Client indi- xxxxx that the issue is particularly urgent, Contractor shall answer preliminary inquiries, e.g. con- cerning the sorting of the products, in text form within 6 hours, taking into account normal busi- ness hours. Contractor shall process the notice of defect in the form of a 4-D or 8-D report. Contractor shall submit such report to Client in text form within 5 working days after receipt of the notice of defect. If Contractor fails to meet one or more of the aforementioned deadlines, Client shall be entitled to take any necessary measure at the Contractor’s expense, unless Contractor is not at fault. Any products assessed as defective by Contractor shall be marked accordingly and stored separate- ly. Without prejudice to any further claims for damages or any other claims for compensation, Client is entitled to charge Contractor an administration fee of 200.00 EUR plus VAT, if applicable. In the event of repeated notices of defect, in particular in case of identical defect patterns, Client is entitled to require from Contractor to undergo requalification via product or process audit, and the submission of a process capability study (cpk values).
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Defective delivery. 7.1 The statutory prescriptions shall be applicable to the rights of Loacker in case of material defects and defects of title in the goods and in case of other breach of duty, unless otherwise provided in the following.
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Defective delivery. 8.1 Our rights in the case of defects in quality or title of the goods or any other breach of duty by the Supplier are governed by the statutory provisions, unless stipulated otherwise hereinafter.
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Defective delivery. 12.1. Incoming deliveries arriving at SYMANZIK will only be checked with regard to identity and quantity, as well as for externally identifiable damage in transit. Any deviations in this respect shall be promptly reported by XXXXXXXX. Also, in the course of the receiving inspection, the delivered products will be checked for their quality, taking into account the quality status of previous deliveries, regularly or at irregular intervals.
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Defective delivery. 11.1 Unless provided otherwise below, our rights in case of defects of quality and defects of title of the Goods (including wrong delivery and short delivery as well as improper assembly, defective assembly, operating or working instructions) and in case of other breaches of an obligation by the Supplier, shall be governed by the statutory regulations. Excess deliveries will be accepted by us only in case of a price reduction which, expressed as percentage, corresponds to the excess delivery and only if released by us in writing. Short deliveries will be accepted by us only if this is permitted under our customer contract and only upon express written release by us.
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Related to Defective delivery

  • PRODUCT DELIVERY Delivery must be made as ordered to the address specified on the Purchase Order and in accordance with the terms of the Contract or Contract Award Notice. Unless otherwise specified in the Bid Documents, delivery shall be made within thirty calendar days after receipt of a Purchase Order by the Contractor. The decision of the Commissioner as to compliance with delivery terms shall be final. The burden of proof for delay in receipt of Purchase Order shall rest with the Contractor. In all instances of a potential or actual delay in delivery, the Contractor shall immediately notify the Commissioner and the Authorized User, and confirm in writing the explanation of the delay, and take appropriate action to avoid any subsequent late deliveries. Any extension of time for delivery must be requested in writing by the Contractor and approved in writing by the Authorized User. Failure to meet such delivery time schedule may be grounds for cancellation of the order or, in the Commissioner’s discretion, the Contract.

  • PRICE/DELIVERY Price(s) bid must be the price(s) for new goods, unless otherwise specified. Any bids containing modifying or “escalator” clauses will not be considered unless specifically requested in the bid specifications.

  • Service Delivery Grantee shall:

  • Late Delivery Supplier shall give DXC prompt notice of any prospective failure to ship Products or provide Services on the delivery date specified by DXC (the “Delivery Date”).

  • Transmission Delivery Service Implications Network Resource Interconnection Service allows Interconnection Customer's Large Generating Facility to be designated by any Network Customer under the Tariff on Transmission Provider's Transmission System as a Network Resource, up to the Large Generating Facility's full output, on the same basis as existing Network Resources interconnected to Transmission Provider's Transmission System, and to be studied as a Network Resource on the assumption that such a designation will occur. Although Network Resource Interconnection Service does not convey a reservation of transmission service, any Network Customer under the Tariff can utilize its network service under the Tariff to obtain delivery of energy from the interconnected Interconnection Customer's Large Generating Facility in the same manner as it accesses Network Resources. A Large Generating Facility receiving Network Resource Interconnection Service may also be used to provide Ancillary Services after technical studies and/or periodic analyses are performed with respect to the Large Generating Facility's ability to provide any applicable Ancillary Services, provided that such studies and analyses have been or would be required in connection with the provision of such Ancillary Services by any existing Network Resource. However, if an Interconnection Customer's Large Generating Facility has not been designated as a Network Resource by any load, it cannot be required to provide Ancillary Services except to the extent such requirements extend to all generating facilities that are similarly situated. The provision of Network Integration Transmission Service or firm Point-to-Point Transmission Service may require additional studies and the construction of additional upgrades. Because such studies and upgrades would be associated with a request for delivery service under the Tariff, cost responsibility for the studies and upgrades would be in accordance with FERC's policy for pricing transmission delivery services. Network Resource Interconnection Service does not necessarily provide Interconnection Customer with the capability to physically deliver the output of its Large Generating Facility to any particular load on Transmission Provider's Transmission System without incurring congestion costs. In the event of transmission constraints on Transmission Provider's Transmission System, Interconnection Customer's Large Generating Facility shall be subject to the applicable congestion management procedures in Transmission Provider's Transmission System in the same manner as Network Resources. There is no requirement either at the time of study or interconnection, or at any point in the future, that Interconnection Customer's Large Generating Facility be designated as a Network Resource by a Network Service Customer under the Tariff or that Interconnection Customer identify a specific buyer (or sink). To the extent a Network Customer does designate the Large Generating Facility as a Network Resource, it must do so pursuant to Transmission Provider's Tariff. Once an Interconnection Customer satisfies the requirements for obtaining Network Resource Interconnection Service, any future transmission service request for delivery from the Large Generating Facility within Transmission Provider's Transmission System of any amount of capacity and/or energy, up to the amount initially studied, will not require that any additional studies be performed or that any further upgrades associated with such Large Generating Facility be undertaken, regardless of whether or not such Large Generating Facility is ever designated by a Network Customer as a Network Resource and regardless of changes in ownership of the Large Generating Facility. However, the reduction or elimination of congestion or redispatch costs may require additional studies and the construction of additional upgrades. To the extent Interconnection Customer enters into an arrangement for long term transmission service for deliveries from the Large Generating Facility outside Transmission Provider's Transmission System, such request may require additional studies and upgrades in order for Transmission Provider to grant such request.

  • PRODUCT DELIVERY Delivery must be made as ordered to the address specified on the Purchase Order and in accordance with the terms of the Contract. Delivery shall be made within thirty calendar days after receipt of a Purchase Order by the Contractor, unless otherwise agreed to by the Authorized User and the Contractor. The decision of the Commissioner as to compliance with delivery terms shall be final. The burden of proof for delay in receipt of a Purchase Order shall rest with the Contractor. In all instances of a potential or actual delay in delivery, the Contractor shall immediately notify the Commissioner and the Authorized User, and confirm in writing the explanation of the delay, and take appropriate action to avoid any subsequent late deliveries. Any extension of time for delivery must be requested in writing by the Contractor and approved in writing by the Authorized User. Failure to meet such delivery time schedule may be grounds for cancellation of the order or, in the Commissioner’s discretion, the Contract.

  • No Transmission Delivery Service The execution of this Agreement does not constitute a request for, nor agreement to provide, any Transmission Service under the NYISO OATT, and does not convey any right to deliver electricity to any specific customer or Point of Delivery. If Developer wishes to obtain Transmission Service on the New York State Transmission System, then Developer must request such Transmission Service in accordance with the provisions of the NYISO OATT.

  • Delivery Point (a) All Energy shall be Delivered hereunder by Seller to Buyer at the Delivery Point. Seller shall be responsible for the costs of delivering its Energy to the Delivery Point consistent with all standards and requirements set forth by the FERC, ISO-NE, the Interconnecting Utility and any other applicable Governmental Entity and any applicable tariff.

  • Project Delivery Contractor shall construct the Project in accordance with the Contract Documents, and Contractor shall deliver the Project completed in accordance with the Contract Documents, substantially free from defects, and within the Contract Time.

  • DELIVERY: FOB DESTINATION, INSIDE DELIVERY, FREIGHT PAID Whenever possible, contractors should give the ordering entities 3 working days prior notice of any deliveries and/or installations. Furniture contractors will not be responsible for the removal/moving of existing furnishings unless requested by the ordering entity. Contractors should verify site readiness prior to delivery. All deliveries will be made during normal working hours unless otherwise arranged with the ordering entity. Contractor will communicate any scheduling delays and/or changes immediately. Agencies will not be responsible for any freight damage, concealed or otherwise.

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