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 from 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 percent (1%) 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 payment to JOE’S to be made by BBI. The refunds and credits set forth in this Section 4.6 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. ▇▇▇▇▇▇▇ shall notify the City in writing of defects and deficiencies found in the Improvements or the Offsite Parking Garage and cause the contractor(s) to correct such defects and deficiencies.

DEFECTS AND DEFICIENCIES. 11.1 Claims regarding defects or deficiencies in a service or in goods provided by Ragn-Sells must be given in writing immediately after the defect or deficiency is, or should have been, noticed by the Customer. The Customer shall not be entitled to invoke/claim any defect or deficiency in respect of which a written claim was not given within one (1) month from performance of the service or delivery of the goods. 11.2 Where any service or goods provided by Ragn-Sells is/are defective or deficient, and this is not attributable to the Customer or the Customer’s personnel, Ragn-Sells shall at its sole discretion either, with the promptness reasonably dictated by the circumstances, at its own cost and expense rectify the defect or deficiency, effect re-delivery or grant the Customer a price deduction corresponding to the defect or deficiency. Ragn-Sells shall bear no further liability for defects and deficiencies beyond or apart from what is stated in this section.

DEFECTS AND DEFICIENCIES. The Supplier shall be liable for quality defects and deficiencies or redhibitory defects as follows: 7.1 If there is evidence to prove that any one product delivered is affected by a defect or deficiency, Schiederwerk shall, at its own option be entitled to either remedy such defect or deficiency or to provide for substitute delivery. 7.2 Any and all claims for or rights to remedy of defects or deficiencies either by re-working and repair or by replacement of defective products shall be subject to limitation within a time period of 12 months as from the statutory commencement of the limitation period on; the same shall also apply for rescission and reduction of the purchase price. This time period shall not apply in so far as the law stipulates in line with Sections 438 sub-section 1 No. 2 (buildings or structures and objects for buildings and structures), 479 sub-section 1 (right of recourse) of the German Civil Code that longer time periods must be allowed, and it shall also apply in the case of deliberate intent, fraudulent concealment of a defect of deficiency, and also in the case of non-compliance with a given guarantee for quality. 7.3 Any and all notices given by the Buyer of defects or deficiencies of quality or quantity shall be given in writing. 7.4 If the Buyer will give notice of a defect or deficiency without having a just reason for doing so and if this is done so by the Buyer’s fault, the Suppli- er shall be entitled to demand that expenditures so caused for the Supplier shall be refunded by the Buyer.

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.