DEFECTS AND DEFICIENCIES Clause Samples

DEFECTS AND DEFICIENCIES. 10.2.1 Contractor shall perform, or cause to be performed, quality control and inspection activities related to the Work as required by the Contractor’s Quality Management Plan, this Agreement and Owner Standards. Prior to entering any purchase orders for Materials or any Subcontracts, Contractor shall provide Owner the quality control and inspection program for such Subcontractor, and Contractor shall (i) ensure that each such program is substantially the same as the approved Quality Management Plan, and (ii) require each such Subcontractor to provide periodic reports and maintain accurate and ongoing records showing compliance with each such quality control and inspection program. The Quality Management Plan must be adequate to meet the quality control and inspection needs of the Work, and Contractor may not rely upon Owner or any other Person or Government Authority to provide such services. Contractor shall inspect and test the Work, including all design, engineering, installation, Materials, tools and supplies performed or provided. All Defects or Deficiencies identified by such inspection or testing shall be included in the Monthly Progress Report submitted to Owner with the Contractor’s Request for Payment. The Monthly Progress Report shall describe in detail (a) all such Defects or Deficiencies identified, including a failure analysis of the problem, (b) a description of the solutions identified for each such Defect and Deficiency, (c) all Work that was re-performed or corrected and any related services rendered during the immediately preceding month and (d) all such Defects or Deficiencies not then corrected or re-performed. Contractor shall identify a solution for each such Defect and Deficiency as soon as possible, but in any event not later than seven (7) days after the date that such Defect and Deficiency is identified, and, in the case of known defects or deficiencies in Owner Furnished Equipment and Materials, notify and request a solution from Owner or Owner Contractors. 10.2.2 Contractor shall correct, or cause to be corrected, all Defects and Deficiencies as soon as practicable under the circumstances, and shall correct, or cause to be corrected, (a) any Defects or Deficiencies identified during the design process prior to the date that the procurement process begins, (b) any Defects or Deficiencies identified during the procurement process prior to the date that the shipping of Materials and equipment begins, (c) any Defects or Deficienc...

DEFECTS AND DEFICIENCIES. The ENGINEER will use his best efforts to protect the COUNTY against defects and deficiencies in the work of the Contractor. The ENGINEER will promptly notify the COUNTY of any such defect or deficiency, and take all steps possible to require the Contractor to correct the defect or deficiency.

DEFECTS AND DEFICIENCIES. The ENGINEER will use his best efforts to protect the LPA against defects and deficiencies in the work of the Contractor. The ENGINEER will promptly notify the LPA of any such defect or deficiency, and take all steps possible to require the Contractor to correct the defect or deficiency.

DEFECTS AND DEFICIENCIES. (a) In view of the administration and expense of shipping defective Products back to the United States to the Territory, provided that BBI is in compliance with the terms and conditions of this Agreement, at the end of each season, JOE'S will pay to BBI or otherwise credit BBI's account in the amount of the value of one-half of one percent (1/2%) of the net invoice price of all purchases of the Products to accommodate BBI for any damaged or defective Products which may have been received by BBI. BBI shall destroy and dispose of such defective products in the Territory, and shall promptly inform JOE'S of same. (b) In the case of Products that were delivered in quantities less than those set forth in JOE'S's invoices with respect thereto, BBI shall give JOE'S notice of such deficiency within thirty (30) days following delivery to BBI's warehouse in the Territory. If JOE'S, through its own sources, confirms that the deficiencies in such deliveries existed as of the time of delivery to the common carrier for shipment, then JOE'S shall allow a credit to BBI for such deficiencies, as set forth herein. JOE'S shall not in any event be responsible for any deficiency that arises following delivery to the common carrier for shipment. All claims for deficiencies shall first be made to BBI's common carrier, notwithstanding the required notice to JOE'S specified in this Section. If JOE'S is found to be ultimately responsible for the deficiency, the invoice price of the goods that were not shipped shall be deducted from the amount of the next letter of credit to be posted by BBI. The refunds and credits set forth in this Section 5.8 may be offset by JOE'S against any amounts due JOE'S at the time that the refunds or credits are to be given or applied.

DEFECTS AND DEFICIENCIES. Any work or material that is found to be defective or deficient, Artist will, without cost to the City, correct it promptly after receipt of a written notice from the City, unless City has previously issued a Change Order accepting the defect or deficiency or City is the cause of the defect or deficiency, for example installation error. For a period of three (3) years from the date of the City's Letter of Acceptance, Artist agrees to replace or correct any material defects in the Project, whether caused by defects in the design, workmanship, materials, fabrication or installation used in the Project. If Artist fails to replace or correct any such defects, or to make arrangements to do so within a reasonable time satisfactory to the City, the City has the right to arrange for such replacement or correction, and Artist must reimburse the City for the costs of any such replacement or correction. If the City asks Artist to repair damage caused to the Project by vandalism, collision, extreme environmental conditions, or other unforeseeable causes, the City will reimburse Artist for reasonable material and labor costs for such repairs, except to the extent such damage is due to a defect in design, workmanship or materials used in the Project.

DEFECTS AND DEFICIENCIES. 5.1. Immediately upon receipt of the delivery, the Customer is obliged to examine the delivery in accordance with normal business practices. If the Customer wishes to claim a defect or deficiency, Dnp Visiosign must be notified immediately in writing. The Customer shall otherwise forfeit any claim against Dnp Visiosign. Dnp Visiosign may rectify the deficiency by replacing product parts, repairing or redelivering. Shipping costs in connection with the return of the delivery to Dnp Visiosign will be refunded to the Customer if Dnp Visiosign can accept that the delivery was defective. 5.2. If defects or deficiencies have not been claimed against Dnp Visiosign within 12 months for electrical/mechanical products, and 6 months for all other products upon delivery, the Customer shall not be entitled to make a claim subsequently. 5.3. Dnp Visiosign shall not be liable for defects and deficiencies attributable to circumstances outside of Dnp Visiosign’s control or of no concern to Dnp Visiosign, including: (i) Inadequate training of the Customer's personnel (ii) Failure to observe Dnp Visiosign's instructions (iii) Faults arising from normal use (ordinary wear and tear) (iv) Damage arising during the transport of the delivery.

DEFECTS AND DEFICIENCIES. Prior to the System RFS Date, the Program Manager shall as part of the Services administer and enforce against the Suppliers, as agent for the Owner, the Supplier Contracts (including the Supplier Warranty provisions thereof). If, on or after the System RFS Date, any Defects and Deficiencies shall be identified in any of the Procured Services or the Supplies: (a) the Owner shall pursue its rights against the relevant Supplier (pursuant to the warranties in favour of the Owner under the relevant Supplier Contract) and the Program Manager shall, accordingly, not have any liability in respect of any such Defects or Deficiencies; (b) if the Owner shall so request, the Program Manager shall assist the Owner in pursuing its rights against any of the Suppliers under the applicable Supplier Warranties; PROVIDED that: (i) any costs incurred by the Program Manager in so doing shall be Reimbursable Costs; (ii) the Program Manager's obligations under this Section 20.4 shall cease at the expiry of the General Warranty Period.

DEFECTS AND DEFICIENCIES. 10.2.1 Contractor shall perform, or cause to be performed, quality control and inspection activities related to the Work as required by the Contractor’s Quality Management Plan, this Agreement and Owner Standards. Prior to entering any purchase orders for Materials or any Subcontracts, Contractor shall provide Owner the quality control and inspection program for such Subcontractor, and Contractor shall (i) ensure that each such program is substantially the same as the approved Quality Management Plan, and (ii) require each such Subcontractor to provide

DEFECTS AND DEFICIENCIES a. In the event that any defects or deficiencies are observed in the Operator’s Work, or warranty claims to the Operator’s Work, prior to final release of the Securities, the County shall give the Operator written notice of such defects or deficiencies. b. The Operator shall promptly correct such defects or deficiencies. Failure to do so shall be deemed a substantial breach of this agreement. c. The County is authorized to withhold and/or apply the Securities against the cost of any actions that are taken to rectify any deficiencies in the Operator’s Work, or warranty claims to the Operator’s Work, or to complete any work not satisfactorily completed by the Operator.