Common use of Defective delivery Clause in Contracts

Defective delivery. The target quality corresponds to the agreed specifications and / or the approved first sample. If and in so far as any specifications are incomplete or missing, the target quality shall be the charac- teristics of those goods which were delivered as the last goods not rejected. In the event of a notice of defect, Client shall prepare and submit to Contractor a corresponding report including a sample of the defective item, unless submission of such sample is not feasible. Contractor shall take immediate action to remedy the situation and inform the Client’s quality management department accordingly in text form within 24 hours. If and in so far as Client indi- ▇▇▇▇▇ that the issue is particularly urgent, Contractor shall answer preliminary inquiries, e.g. con- cerning the sorting of the products, in text form within 6 hours, taking into account normal busi- ness hours. Contractor shall process the notice of defect in the form of a 4-D or 8-D report. Contractor shall submit such report to Client in text form within 5 working days after receipt of the notice of defect. If Contractor fails to meet one or more of the aforementioned deadlines, Client shall be entitled to take any necessary measure at the Contractor’s expense, unless Contractor is not at fault. Any products assessed as defective by Contractor shall be marked accordingly and stored separate- ly. Without prejudice to any further claims for damages or any other claims for compensation, Client is entitled to charge Contractor an administration fee of 200.00 EUR plus VAT, if applicable. In the event of repeated notices of defect, in particular in case of identical defect patterns, Client is entitled to require from Contractor to undergo requalification via product or process audit, and the submission of a process capability study (cpk values).

Defective delivery. The target quality corresponds to the agreed specifications and / or the approved first sample. If and in so far as any specifications are incomplete or missing, the target quality shall be the charac- teristics of those goods which were delivered as the last goods not rejected. In the event of a notice of defect, Client shall prepare and submit to Contractor a corresponding report including a sample of the defective item, unless submission of such sample is not feasible. Contractor shall take immediate action to remedy the situation and inform the Client’s quality management department accordingly in text form within 24 hours. If and in so far as Client indi- ▇▇▇▇▇ that the issue is particularly urgent, Contractor shall answer preliminary inquiries, e.g. con- cerning the sorting of the products, in text form within 6 hours, taking into account normal busi- ness hours. Contractor shall process the notice of defect in the form of a 4-D or 8-D report. Contractor shall submit such report to Client in text form within 5 working days after receipt of the notice of defect. If Contractor fails to meet one or more of the aforementioned deadlines, Client shall be entitled to take any necessary measure mea sure at the Contractor’s expense, unless Contractor is not at fault. Any products assessed as defective by Contractor shall be marked accordingly and stored separate- ly. Without prejudice to any further claims for damages or any other claims for compensation, Client is entitled to charge Contractor an administration fee of 200.00 EUR plus VAT, if applicable. In the event of repeated notices of defect, in particular in case of identical defect patterns, Client is entitled to require from Contractor to undergo requalification via product or process audit, and the submission of a process capability study (cpk Cpk7 values).