Common use of Claims for failure to remove defects Clause in Contracts

Claims for failure to remove defects. Should the Contractor fail to remove the defects within the deadline referred to in clause 14.16 herein or if the Contractor notifies SE prior to the expiration of the deadline for their removal that he will not remove the defects, SE may: a) remove the defects themselves or have them removed by a third party without any influence on the Contractor’s warranty, at the Contractor’s expense, b) claim a reasonable discount on the Price for the Performance; c) withdraw from the Contract. In such case, SE is obliged to inform the Contractor about its decision in writing and without undue delay. Should SE remove the defects themselves or have them removed by a third party, the price of these works will be standard, considering the specific circumstances of the case (time pressure especially), however, regardless of the Contractor’s prices. Such price of works carried out by SE or a third party shall be charged to the Contractor up to the amount of invoiced costs, with a coordination premium equal to 10% of the total net invoiced price.