Common use of Defective Deliverables Clause in Contracts

Defective Deliverables. If the Goods breakdown or become Defective Deliverables through no fault of the Contractor: (a) the Contractor may direct the Supplier to repair or replace the Goods and the time in which to do so; (b) the Supplier shall bear the cost of repair or replacement and no charges for the Goods shall apply from the time the Contractor notified the Supplier of the breakdown or that the Goods are Defective Deliverables; and (c) if the Supplier fails to repair or replace the Goods in the time directed by the Contractor, without limiting the Contractor’s other rights under this agreement, the Contractor may have the Goods repaired or replaced by a third party and the cost of such repair or replacement shall be a debt due and owing by the Supplier to the Contractor.