Defective Conditions Clause Samples

The DEFECTIVE CONDITIONS clause defines the responsibilities and procedures related to goods or services that are found to be faulty, non-conforming, or otherwise not meeting agreed standards. Typically, this clause outlines the process for identifying defects, notifying the responsible party, and the remedies available, such as repair, replacement, or refund. For example, if a delivered product is discovered to be malfunctioning within a specified period, the supplier may be required to fix or replace it at no additional cost. The core function of this clause is to protect the buyer by ensuring that any defects are addressed promptly and fairly, thereby allocating risk and maintaining quality assurance in the transaction.
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Defective Conditions. If the design or construction of the Hotel is defective, and the defective condition causes material damage to the Hotel, poses a risk of injury to people or property, does not comply with the Brand Standards, or is not in compliance with one or more Legal Requirements, after written notice from Manager, Owner shall as expeditiously as possible remedy such defect. To the extent such design or construction poses a risk of injury to people or is results in the Hotel not being in compliance with one or more Legal Requirements, Owner's obligation to proceed expeditiously shall apply regardless of whether or when insurance proceeds may be available to cover the necessary expenditures. Any amounts expended by Owner in Double Tree Resort by Hilt▇▇ ▇▇▇▇▇▇ ▇▇▇ch Oceanfront - MA effecting the remedy of any such defect shall not be deducted in determining Total Operating Revenue and shall not be funded from any of the Hotel Accounts (other than the FF&E Reserve to the extent any such remedy requires FF&E Expenditures).
Defective Conditions. To be eligible for Popeyes standards, all whole birds used as raw materials, and parts shall be free form and not show any evidence of: 1. Decomposition (slimy texture, pungent). 2. Internal organs (lungs, trachea, crop, etc.) that were not completely removed during the evisceration process. 3. Feathers (pin feathers, brush feathers, excessive hairs). 4. Any extraneous material of any type either inside the shell cavity or on the outside of the carcass. 5. Either frozen or have been previously frozen.
Defective Conditions. Seller has elected Option (2) with respect to all Defective Conditions. Following the Closing, Buyer shall be solely responsible for correcting such Defective Conditions, as set forth in Section 6.1 of the Agreement.
Defective Conditions. To the best of Trustor's knowledge, -------------------- information and belief, there are no encroachments, defects or conditions affecting the Property (including expansive or unstable soil) that would make the Property unsuitable for its current use or for any different use contemplated by Trustor. To the best of Trustor's knowledge, information and belief, there are no abnormal hazards, including earth movement or slippage, affecting the Property. To the best of Trustor's knowledge, information and belief, the Real Property is undamaged and free from any structural or other defects and no Hazardous Materials (as defined in Section 2.19 below) exist on or adjacent to the Real Property, except where such Hazardous Materials condition is disclosed in writing to Beneficiary prior to the date hereof.
Defective Conditions. To be eligible for Churchs standards, all whole birds and parts used as raw materials shall be free from and not show any evidence of: 1. Decomposition (slimy texture, pungent or off odor). 2. Internal organs (lungs, trachea, crop, etc.) not completely removed during the evisceration process. 3. Feathers (pin feathers, brush feathers, excessive hair). 4. Any extraneous material of any type either inside the shell cavity or on the outside of the carcass. 5. Either frozen or previously frozen.
Defective Conditions 

Related to Defective Conditions

  • Unsafe Conditions In accordance with 29 CFR § 1977, occasions might arise when an employee is confronted with a choice between not performing assigned tasks or subjecting himself/herself to serious injury or death arising from a hazardous condition at the workplace. If the employee, with no reasonable alternative, refuses in good faith to expose himself/herself to the dangerous condition, he/she would be protected against subsequent discrimination. The condition causing the employee's apprehension of death or injury must be of such a nature that a reasonable person, under the circumstances then confronting the employee, would conclude that there is a real danger of death or serious injury and that there is insufficient time, due to the urgency of the situation, to eliminate the danger by resorting to regular statutory enforcement channels. In addition, in such circumstances, the employee, where possible, must also have sought from his Employer, and been unable to obtain, a correction of the dangerous condition.

  • Safe Conditions Whenever an employee reports a condition which the employee feels represents a violation of safety or health rules and regulations or which is an unreasonable hazard to persons or property, such conditions shall be promptly investigated. The appropriate administrator shall reply to the concern, in writing, if the employee's concern is communicated in writing.

  • SUSPENSIVE CONDITIONS 2.1 This entire AGREEMENT is subject to the registration of transfer of ownership of the PROPERTY to the EMPLOYER. In the event that the PROPERTY is not transferred within 6 (six) months from date of signing of this Agreement by the CONTRACTOR, the CONTRACTOR reserves the right to: 2.1.1 increase the CONTRACT SUM, based on the current prices for the building materials, and the CONTRACTOR shall notify the EMPLOYER in writing of such increased cost and the EMPLOYER may then, at his/her option, cancel this agreement by providing written notice of cancellation to the CONTRACTOR within 5 (five) DAYS of receiving written notice from the CONTRACTOR in respect of the increased cost. Should written notice of cancellation not be forthcoming within the aforesaid period, the CONTRACTOR and the EMPLOYER shall proceed with the AGREEMENT at the increased CONTRACT SUM and the EMPLOYER shall be obliged to pay the increase in the CONTRACT SUM to the CONTRACTOR within 21 (twenty one) DAYS of receiving written notice from the CONTRACTOR in respect of the increased cost; or 2.1.2 cancel this AGREEMENT and the parties shall have no claim of whatsoever nature against each other. 2.2 This AGREEMENT is subject further to the EMPLOYER being offered a loan to be secured by a mortgage bond over the PROPERTY and improvements in the amount reflected in Schedule B or such lesser amount as the EMPLOYER may accept, within 30 (thirty) DAYS of the date of the CONTRACTOR’s signature of this AGREEMENT, which period may be extended in the CONTRACTOR’s sole discretion. Should no amount be inserted in the relevant field in the Schedule B, then the suspensive condition contained in this clause will not apply. In the event that the suspensive condition contained in this clause is not fulfilled, this AGREEMENT will lapse and the parties shall have no claim of whatsoever nature against each other.

  • SUSPENSIVE CONDITION i) The contract only becomes binding and enforceable once: a. the Parties have signed this contract and the PRODUCER has received a MEATCO confirmation letter stipulating the applicable ▇▇▇▇▇▇▇▇▇ period and cattle quantity to be delivered to MEATCO; b. MEATCO agrees to provide a ▇▇▇▇▇▇▇▇▇ allocation to the PRODUCER on a first come first served basis principle, and at the sole discretion of MEATCO; and c. the PRODUCER has provided, within 10 business days of MEATCO’s request, a guarantee or security for the payment of the maximum penalty capable of being imposed in terms of clause A. vi) above to the satisfaction of MEATCO.

  • Test conditions 6.1.1. The test shall be performed on a flat, dry concrete or asphalt surface affording good adhesion. 6.1.2. The ambient temperature shall be between 0°C and 45°C. 6.1.3. The horizontal visibility range shall allow the target to be observed throughout the test.