DEFECTIVE GOODS AND SERVICES. (a) If DMF Engineering Pty Ltd determines that any of the Goods or Services are unsatisfactory, defective, of inferior quality or workmanship or fail to meet any requirements of this Agreement, (Defective) the Supplier must do any of the following, at its own cost, as determined by DMF Engineering Pty Ltd in its absolute discretion:
DEFECTIVE GOODS AND SERVICES. 5.1. During the Warranty Period, the Supplier warrants that it will, at its own cost, promptly repair or replace any Goods or Services that are found to be unsatisfactory, defective, of inferior quality, design or workmanship, or that fail to meet any requirements of the Agreement (“Defective”). All replacements or repairs must be carried out at the times nominated by UNIQUIP and so as to minimise any inconvenience to users of the Site.
DEFECTIVE GOODS AND SERVICES. This provision applies to goods and services that fail, are determined to be non-compliant with the Agreement, or are otherwise deemed defective after Buyer acceptance but before Buyer’s obtains acceptance from its customer for the AAV in which such goods and services are incorporated. Buyer’s rights herein are in addition to all other rights set forth elsewhere in this Agreement, including without limitation in the clauses entitled WARRANTY and INDEMNIFICATION. The parties agree that quantifying damages caused by Seller’s provision of defective goods or services is inherently difficult and that this provision is not a penalty, but rather a reasonable estimate of such damages, based upon the parties’ experience and the nature of the damages that may result. If Seller delivers goods or services that are deemed defective before Buyer obtains customer acceptance of the AAV in which the goods or services are incorporated, Seller shall be assessed liquidated damages totaling the following: (i) the amount of 1% , plus (ii) the amount liquidated damages set forth in paragraph (a) above for each day that passes between the date the defective good or service was detected and notified to Seller until the date upon which Seller replaces, repairs, or re-performs the defective good or service. Liquidated damages shall be assessed by decrementing Seller’s invoices. If Buyer terminates this contract in whole or in part under Article 20 hereof, Seller remains liable for the excess costs of repurchase under Article 20. Seller will not be charged with liquidated damages when the defects in the goods or services are beyond the control and without the fault or negligence of Seller. In no event shall liquidated damages assessed hereunder exceed 20% of the price or estimated value of the delayed good or service. If, for a particular delivery of goods or services, Seller is liable for liquidated damages under both paragraphs (a) and (b) above, in no event shall the total amount of liquidated damages assessed exceed 20% of the price or estimated value of the delayed and defective good or service. PAYMENT Invoices shall contain the following information: order number, item number, description of goods or services, sizes, quantities, unit prices and extended totals. Invoices submitted hereunder will be paid Net 45 Days after receipt of proper invoice, less offset for any amount owed to Buyer. The price(s) set forth herein shall include all applicable Federal, State and local taxes ...
DEFECTIVE GOODS AND SERVICES. 10.1 If, in the reasonable opinion of the Customer, Goods do not meet the requirements of the Contract (Defective Goods), the Customer may, in its absolute discretion:
DEFECTIVE GOODS AND SERVICES. (a) If the Principal determines that any of the Goods or Services are unsatisfactory, defective, of inferior quality or workmanship or fail to meet any requirements of this Contract, (Defective) the Contractor must do any of the following, at its own cost, as determined by the Principal in its absolute discretion:
DEFECTIVE GOODS AND SERVICES. 4.1 If any Goods and/or Services are unsatisfactory, defective, of inferior quality or workmanship or does not comply with any requirements of the Agreement (“Defective”), the Supplier must do any of the following, at its cost, as determined by Screen Queensland in its absolute discretion:
DEFECTIVE GOODS AND SERVICES. 7.1. If, any of the Goods or Services are found to be Defective, Xxxxxx may, at the Supplier’s cost:
DEFECTIVE GOODS AND SERVICES. 7.1 If any of the goods / services are found to be defective, OFA may at the Supplier’s cost:
DEFECTIVE GOODS AND SERVICES. 4.1. If ESS determines that any Goods or Services are unsatisfactory, defective, of inferior quality or workmanship or fail to meet any requirements of the Agreement, (Defective) the Supplier must do any of the following, at its cost, as determined by ESS in its absolute discretion:
DEFECTIVE GOODS AND SERVICES. 4.1. If Wastech determines that any Goods or Services are unsatisfactory, defective, of inferior quality or workmanship or fail to meet any requirements of the Agreement, (Defective) the Supplier must do any of the following, at its cost, as determined by Wastech in its absolute discretion:
