Defective Items Sample Clauses

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Defective Items. The inspection shall not relieve the Vendor of any of obligations to fulfill the Contract as prescribed. Any defective goods or materials shall be made good, and unsuitable goods and materials shall be rejected and replaced, even though such goods and materials may have been accepted or estimated for payment.
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Defective Items. If Supplier delivers Items (or provides Services) that do not conform to the warranty terms applicable to the Item(s) or Service(s) (a "Defective Item"), Applied shall give written notice (including notice by e-mail, facsimile or other electronic record) to Supplier's Customer Service Manager in Austin or Milpitas, as appropriate, of the Defective Item, and thereafter: (a) Supplier shall promptly correct, repair or replace, at Supplier's cost and expense, the Defective Item(s) without further notice from or demand by Applied. As to Services, Supplier's obligations include the prompt correction or re-performance of the Services and any work product or other deliverables. Supplier shall use the most expeditious commercially available means to effect repair, replacement or correction, including the provision of a new Item in lieu of repair. Applied may require repair, replacement or correction at Applied's facility. (b) If the failure constitutes or results in a Production Issue under Section 2.4, Supplier shall comply with that Section. If the failure is subject to Section 5.1.2, as applicable under this Agreement, Supplier shall comply with that Section of this Agreement. (c) If Supplier fails to comply with Section 2.4, where applicable, or if Supplier otherwise fails to promptly repair, replace or correct any Defective Item(s) or if Supplier repudiates, Applied may recover its damages resulting from such failure and may exercise all remedies available pursuant to the UCC (to include revocation of acceptance) and, as to Services and related deliverables, may recover its damages and exercise all remedies provided by law or equity. Applied may, as part of its recovery, include premium costs for expedited delivery. Where applicable, the procedures and limitations of (or, provided for through) Section 7.1.6, 7.2.2(e) and (f), and Article 21 of Exhibit 1 will apply to exercise, enforcement and recovery by Applied. (d) (i) Applied will utilize the procedures of this Section 7.2.2
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Defective Items. Upon receiving an order, Customer shall promptly check for shipping damage or other defects. If damage occurred to the shipping and packaging containers (boxes, etc.), Customer should note the damage on the freight bill before signing the freight bill. If damage has occurred to the furniture during shipment, Customer must refuse the shipment and immediately notify BBF staff. Notification to BBF of hidden damage or problems shall be provided within three (3) business days of receipt. If damage is verified, BBF will repair, replace, or send new parts at our expense, in our sole and exclusive discretion. [Note: For shipping handled other than through BBF by a Third Party Shipper (“TPS”), the TPS shall be solely responsible for any occurring in transit, according to the policies of the TPS. BBF shall have no liability or responsibility for damage occurring through the acts or omissions of a TPS.]
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Defective Items. Defective or expired products will be replaced by Contractor at no charge to the Government, unless the Government has misused, mishandled or caused damage or lost the product. There will be no re-stocking fees of any kind assessed upon the ▇▇▇▇▇ ▇ ▇▇▇▇▇▇ VA Medical Center. If an item is opened and is damaged or defective by the Contractor, then it shall be replaced by the Contractor at no charge to the Government.
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Defective Items. Buyer may reject any item of the Platform or any part thereof which is found to be defective inferior in quality or not compliant to the Specifications. If an item of the Platform is rejected, Buyer may: (1) require Seller to remedy the defects at Seller's expense; in such event, the Commissioning period will re-start from the rectification of the defects; or (2) without prejudice to any other rights which Buyer may have against Seller, reject the Platform and cancel the Agreement or a purchase order in question. Any money paid by Buyer to Seller in respect of the Agreement or an order in question shall be refunded to Buyer with interest.
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Defective Items. In the event of a product defect is found within 30 days upon receipt of the new product purchase, the customer has the option of returning the product by contacting Pure via email at ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or phone at +1 (866) ▇▇▇- ▇▇▇▇ for warranty service. For Defective items, you can contact Technical Support at +▇ (▇▇▇) ▇▇▇-▇▇▇▇. Such a defect, if any, is covered under the terms of the product’s warranty and the Contractor is responsible for working with the manufacturer on behalf of the Purchasing Entity to resolve the problem.
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Defective Items. If Buyer determines that any goods, materials or services are defective, deficient, counterfeit, or nonconforming in any way, or are not otherwise as ordered, or if Seller otherwise breaches any term or condition of this order, then Buyer may, at its sole option, without liability and in addition to its other rights and remedies: (i) cancel any undelivered and unperformed portion of this order and any other order with Seller, (ii) reject or revoke acceptance of such defective or nonconforming items and require, at Buyer’s option, correction (at Buyer’s location) or replacement thereof, all at Seller’s expense, (iii) accept such items with an equitable adjustment in price or (iv) reject or revoke acceptance of such items and, at Seller’s risk and expense, hold them (pending Seller's shipping instructions) or return them and in either event charge Seller with the cost of inspection, storage, handling, transportation and any like expense. Correction or replacement of defective or nonconforming items (i) shall be made upon Buyer’s request in writing and (ii) shall be performed as promptly as possible, including use of overtime and all expedited procedures. Acceptance of all or part of any defective items, use thereof and/or payment therefor or failure to notify Seller promptly that such items are defective or nonconforming shall not constitute a waiver of or diminish any of Seller’s obligations or Buyer's rights and remedies under this order, at law or equity.
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Related to Defective Items

  • Defective Work Work that, for any reason, is not in compliance with the Contract Documents. Defective Work is usually identified in a Notice of Non-Compliant Work.

  • DEFECTIVE GOODS 20.1 Notwithstanding any certificate and/or receipt that may have been issued by or on behalf of Transnet either in South Africa or overseas, Goods will be accepted at the place of delivery or at the port of shipment, as specified in this Agreement, only as regards outward condition of packages and Transnet retains the right to reject the Goods supplied, on or after arrival at the place to which they are consigned, or after they have been placed in use in South Africa, should they be found defective. 20.2 If Goods are rejected owing to latent defects becoming apparent during machining operations or other preparation necessary on the part of Transnet before they can be put into use, the Supplier shall bear all expenses incurred by Transnet in carrying out such necessary operations. 20.3 If such Goods are rejected, the Supplier will pay the following costs: a) for Goods purchased in South Africa on an ex works basis, the cost of transport from the Supplier’s works in South Africa to the named destination where the Goods have been rejected by Transnet, plus handling charges and storage, if leviable; or b) for Goods manufactured overseas, the Supplier shall pay all replacement costs including the overseas inland transport cost, freight and insurance charges incurred plus railage or other inland transport costs from the South African port to the place where the Goods have been rejected by Transnet, including handling charges, storage, landing charges, customs duty and surcharges, if leviable. 20.4 If Transnet requires rejected Goods to be replaced, the Supplier shall, when called upon to do so, arrange prompt replacement of the Goods within the prescribed manufacturing lead times for such Goods, as indicated in Schedule 1. 20.5 If Goods are found to be defective but the defects are, in the opinion of Transnet, not of so serious a nature as to warrant total rejection of the Goods, the Supplier shall, when called upon to do so, remedy or make good such defects at its own cost, or Transnet may remedy or make good such defects at the request of the Supplier and recover from the Supplier all costs or expenses reasonably incurred by it in doing so. 20.6 Should the Supplier fail, when called upon to remedy or make good such defects within a reasonable time or to request Transnet to do so, Transnet may proceed to remedy or make good such defects and thereafter recover from the Supplier all such costs and expenses as aforementioned. 20.7 Any amount recoverable from the Supplier in terms of this clause may, without prejudice to any other legal remedies available to Transnet, be deducted in whole or in part from any monies in the hands of Transnet which are due for payment to the Supplier.

  • Nonconforming Work 5.6.1 Rejection, Removal and Replacement of Nonconforming Work

  • Defective Products 15.1 The Purchaser shall notify GSK or the Nominated Supplier (or ensure that GSK or the Nominated Supplier is notified) in writing within [***] of any Delivery of Products if the Delivery is incomplete in accordance with the terms of this Agreement (a “Rejection Notice”). GSK shall use its Commercially Reasonable Efforts to rectify the incomplete delivery within [***] of receipt of the Rejection Notice. If no Rejection Notice is provided to GSK or the Nominated Supplier within [***] of the Delivery of Products, the Delivery shall be deemed complete. 15.2 The Purchaser shall have the right to reject any allegedly Defective Products upon written notice to GSK, such notice to include the reason(s) for the rejection and to be accompanied with any supporting documentation or other evidence, such right to be exercised within the period stipulated in the Quality Agreement (or, if no such period is stipulated, within (i) [***] after the Delivery of Products or (ii) in the case of Latent Defects, [***] after discovery of the Latent Defect). Unless the Purchaser complies with the provisions of this Clause 15.2, the Delivery of Products shall be deemed accepted by the Purchaser and the Purchaser shall have no right to reject the same. 15.3 If the Purchaser purports to reject any Products pursuant to Clause 15.2: (A) the Purchaser shall store the rejected Products in quarantine in accordance with GSK’s reasonable instructions and shall allow GSK (or its nominated representatives) to inspect and/or analyse the same; (B) the Parties shall use reasonable endeavours to agree whether or not the rejected Products are Defective; and (C) if, within [***] of GSK or the Nominated Supplier being notified pursuant to Clause 15.2, the Parties fail to agree whether or not the rejected Products are Defective, the dispute shall be referred to and determined by an Independent Expert whose decision shall be final and binding on the Parties. The Independent Expert shall act as an expert and not as an arbitrator and (unless the Independent Expert otherwise determines) his or her fees shall be paid by the Party against whom the Independent Expert’s decision is given. CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY [***], HAS BEEN OMITTED BECAUSE DERMAVANT SCIENCES LTD. HAS DETERMINED THE INFORMATION (I) IS NOT MATERIAL AND (II) WOULD LIKELY CAUSE COMPETITIVE HARM TO DERMAVANT SCIENCES LTD. IF PUBLICLY DISCLOSED. 15.4 If the Parties agree, or if the Independent Expert finds, that any Products are Defective and have been properly rejected, GSK shall, at its option, either replace the Defective Products or refund to the Purchaser the Price paid for such Defective Products. In addition, GSK shall, at its option, either collect at its own expense the Defective Products from the Purchaser or reimburse the Purchaser for any reasonable costs incurred in its disposal of the Defective Products. Subject to Clause 28 (Indemnities) and Clause 29 (Liability), the remedy set forth in this Clause 15.4, together with any additional remedy set forth in Clause 20.3 (if applicable), shall be the Purchaser’s sole and complete remedy under this Agreement with respect to any Defective Products properly rejected by the Purchaser in accordance with Clause 15.2. 15.5 If any rejected Products are found by the Independent Expert not to be Defective, the Purchaser shall pay for such Products in accordance with the payment provisions set forth in this Agreement.