DEFECT LIABILITY PERIOD. 29.1 Unless otherwise specified in the Letter of Intent / Work Order / Subcontract, Defects Liability Period shall be 12 (twelve) months from the Date of Completion of Subcontract Works. The Subcontractor / PRW, during such period, shall be liable for any defects in the material, equipment or workmanship and the removal, proper rectification / repair and replacement of the same as shall be necessary, notwithstanding any previous tests thereof, if in the opinion of the Company the same is not in accordance with the Work Order / Subcontract. The Subcontractor / PRW shall carry out all the removal, repairs, rectification and replacement on this account at no extra cost to the Company whatsoever. 29.2 In the event the Subcontractor / PRW does not remedy the defects within a reasonable time, the Company reserves its right to carry out such rectification either on its own or through any other party at the risk, cost and consequences of the Subcontractor / PRW as well as recover all costs and losses from the Subcontractor / PRW utilizing the retention money and / or invoking any or all Bank Guarantee (ies), (i.e. Performance or Advance or Retention or Security Deposit) and / or adjusting against any payments due to the Subcontractor / PRW and / or by any other means as deemed fit and for this purpose the Company shall also have right to invoke Cross Fall Breach and Set Off provisions of Clause 24.
Appears in 2 contracts
Sources: Subcontract Agreement, Subcontract Agreement
DEFECT LIABILITY PERIOD. 29.1 28.1 Unless otherwise specified in the Letter of Intent / Work Order / Order/ Subcontract, Defects Liability Period shall be 12 (twelve) months from the Date of Completion of Subcontract Works. The Subcontractor / Subcontractor/ PRW, during such period, shall be liable for any defects in the material, equipment or workmanship and the removal, proper rectification / repair and replacement of the same as shall be necessary, notwithstanding any previous tests thereof, if in the opinion of the Company the same is not in accordance with the Work Order / Subcontract. The Subcontractor / Subcontractor/ PRW shall carry out all the removal, repairs, rectification and replacement on this account at no extra cost to the Company whatsoever.
29.2 28.2 In the event the Subcontractor / Subcontractor/ PRW does not remedy the defects within a reasonable time, the Company reserves its right to carry out such rectification either on its own or through any other party at the risk, cost and consequences of the Subcontractor / Subcontractor/ PRW as well as recover all costs and losses from the Subcontractor / Subcontractor/ PRW utilizing the retention money and / or and/or invoking any or all Bank Guarantee (ies), (i.e. Performance or Advance or Retention or Security Deposit) and / or and/or adjusting against any payments due to the Subcontractor / Subcontractor/ PRW and / or and/or by any other means as deemed fit and for this purpose the Company shall also have right to invoke Cross Fall Breach and Set Off provisions of Clause 24.
Appears in 2 contracts
Sources: Subcontract Agreement, Subcontract Agreement
DEFECT LIABILITY PERIOD. 29.1 28.1 Unless otherwise specified in the Letter of Intent / Work Order / Subcontract, Defects Liability Period shall be 12 (twelve) months from the Date of Completion of Subcontract Works. The Subcontractor / PRW, during such period, shall be liable for any defects in the material, equipment or workmanship and the removal, proper rectification / repair and replacement of the same as shall be necessary, notwithstanding any previous tests thereof, if in the opinion of the Company the same is not in accordance with the Work Order / Subcontract. The Subcontractor / PRW shall carry out all the removal, repairs, rectification and replacement on this account at no extra cost to the Company whatsoever.
29.2 28.2 In the event the Subcontractor / PRW does not remedy the defects within a reasonable time, the Company reserves its right to carry out such rectification either on its own or through any other party at the risk, cost and consequences of the Subcontractor / PRW as well as recover all costs and losses from the Subcontractor / PRW utilizing the retention money and / or invoking any or all Bank Guarantee (ies), (i.e. Performance or Advance or Retention or Security Deposit) and / or adjusting against any payments due to the Subcontractor / PRW and / or by any other means as deemed fit and for this purpose the Company shall also have right to invoke Cross Fall Breach and Set Off provisions of Clause 24.
Appears in 1 contract
Sources: General Conditions of Work Order