Defects and Warranties Clause Samples

Defects and Warranties. Property Manager shall give Owner written notice of any material defect, casualty or a taking in the Project and all parts thereof known to Property Manager promptly after any of the foregoing comes to Property Manager’s attention, including, without limitation, material defects in the roof, foundation or walls of the Project or in the sewer, water, electrical, structural, plumbing, heating, ventilation or air conditioning systems. Property Manager shall make periodic visual inspections of the Project consistent with its on-site employees’ expertise.

Defects and Warranties. 7.1 The Client acknowledges and agrees that Liveli is a reseller of the Supplier Products. Each Supplier has an Australian office. Liveli will provide assistance, at a reasonable cost to the Client, in relation to any claim the Client may have against a Supplier however in no case shall Liveli be liable for the provisions of any warranty or guarantee provided by the Supplier. 7.2 Except as expressly set out in these terms and conditions Liveli makes no warranties or other representations under these terms and conditions including but not limited to the quality or suitability of the Product. Liveli’s liability in respect of any warranties is limited to the fullest extent permitted by law. 7.3 If the Client is a consumer within the meaning of the Consumer Contracts Act (CCA), Liveli’s liability is limited to the extent permitted by section 64A of Schedule 2. Nothing in this Agreement has the effect of contracting out of any mandatory provisions of the CCA.

Defects and Warranties. The Seller shall provide guarantee for the quality of the delivered Equipment for the period of two years from the date of their delivery to the Buyer. The warranty period begins to run on the date of execution of the bill of delivery by authorized representatives of the Parties. The Seller undertakes to rectify any claimed defects on the Equipment covered by this warranty free of charge within deadlines agreed herein. The Buyer shall inform the Seller without delay of any defects on the delivered Equipment discovered during the warranty period. Defects may be claimed until the very last day of the warranty period; any defect claim sent on the last day of the warranty period shall be deemed to have been exercised in time. The Buyer shall be obliged to make any defect claims in writing (in writing shall include the form of a simple email). The Seller shall be obliged to establish a special email address for defect claims. The Seller shall accept defect claims during the entire term hereof and the warranty period at: ▇▇▇▇▇▇@▇▇▇▇▇▇-▇▇▇▇▇▇.▇▇. The Buyer shall specify, in the claim and in writing, the description of the defect and provide, if available, additional documentation (photo or other documentation). Should the Seller not be able to assess existence of the defect without inspecting the Equipment, the Parties shall agree whether the Equipment shall be shipped to the Seller or whether the Seller will inspect the Equipment at the Buyer’s site. Should the Buyer incur any costs in relation to claiming the defect (such as shipping costs), for which the Seller is liable, the Seller shall compensate the Buyer for any such costs. The Seller undertakes to confirm to the Buyer the receipt of the defect claim within 24 hours of its delivery and to inform the Buyer, within 3 days from receiving the claim, carrying out the inspection or receiving the shipped Equipment for inspection, whether he recognizes the claim or not, and propose the method of rectifying the defect in accordance with this Contract. Saturdays, Sundays and public holidays are not included in these deadlines. The Seller undertakes to rectify the defect by repair within 4 weeks from receiving the defect claim in writing or by providing a replacement within the period defined in Art. II. 4 herein; this period is counted from the date when the defect claim in writing was delivered, unless agreed otherwise by the Parties in writing due to the existence of objective obstacles. With respect to removable...

Defects and Warranties. 14.1 The Client must inspect all Works on completion (or the Materials on delivery) and must within seven (7) days of such time notify the Contractor in writing of any evident defect/damage, error or omission, shortage in quantity, or failure to comply with the description or quote. The Client must afford the Contractor an opportunity to inspect the Works within a reasonable time following such notification if the Client believes the Works are defective in any way, and an exclusive right to offer remedy where the Works are found to be defective. If the Client shall fail to comply with these provisions, the Works shall be presumed to be free from any defect or damage. For defective Works, which the Contractor has agreed in writing that the Client is entitled to reject, the Contractor’s liability is limited to either (at the Contractor’s discretion) rectify or re-provide the Works. 14.2 Subject to the conditions of warranty set out in clause 14.3, the Contractor warrants that if any defect in any workmanship of the Contractor becomes apparent and is reported to the Contractor within three (3) years of the date of completion/delivery (time being of the essence) then the Contractor will either (at the Contractor’s sole discretion) replace or remedy the workmanship.‌ 14.3 The conditions applicable to the warranty given by clause 14.2 are: (a) the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through: (i) failure on the part of the Client to properly maintain any Materials in accordance with the Contractor’s “Handover Manual” and the manufacturer’s documentation; or (ii) failure on the part of the Client to follow any instructions or guidelines provided by the Contractor; or (iii) any use of any Materials otherwise than for any application specified on a quote or order form; or (iv) the continued use of any Materials after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or (v) fair wear and tear, any accident or act of God. (b) the warranty shall cease and the Contractor shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without the Contractor’s consent. (c) in respect of all claims the Contractor shall not be liable to compensate the Client for any delay in either replacing or remedying the workmanship or in properly assessing the Client’s claim. 14.4 For Materials not manufactured ...

Defects and Warranties. (a) If within 14 days from the date of delivery of the Product you notify DtMSTM of a Defect in the Product (not caused by use, abuse, accident or misapplication) DtMSTM shall, upon verification of the Defect, exchange the Product. If the Product is exchanged the replacement will be warrantied for the remainder of the original warranty period or for thirty days, whichever is the longer. (b) To the full extent permitted by the State, Territory or Commonwealth law, any conditions or warranties imposed are excluded. The liability of DtMSTM under the Trade Practices Act or the Fair Trading Act (Vic) or similar legislation in other States or Territories is limited at the exclusive option of DtMSTM to replacement of the Product or the repair of the Product. It is expressly agreed that under no circumstances shall DtMSTM be liable for any loss damage or injury (including without limitation any loss of profit indirect consequential or incidental loss damage or injury) arising from supply or use of the Product or any failure by DtMSTM to perform any obligations or observe any term of this Agreement.

Defects and Warranties. 11.1 The Customer shall inspect the Services on delivery and shall within thirty (30) days of delivery notify Gloss Boats of any alleged defect, shortage in quantity, errors, omissions or failure to comply with the description or quote. The Customer shall afford Gloss Boats an opportunity to inspect the Services within a reasonable time following delivery if the Customer believes the Services are defective in any way. If the Customer shall fail to comply with these provisions, the Services shall be conclusively presumed to be in accordance with the terms and conditions and free from any defect or damage. 11.2 For defective Services, which Gloss Boats has agreed in writing that the Customer is entitled to reject, Gloss Boats’ liability is limited to either (at Gloss Boats’ discretion) replacing the Services or rectifying the Services provided that the Customer has complied with the provisions of clause 11.1. 11.3 For Goods, the warranty shall be the current warranty provided by the manufacturer of the Goods. Gloss Boats shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Goods.

Defects and Warranties. 10.1 The Landlord hereby agrees to make good as soon as reasonably practicable and at its own expense any defects that arise in the Premises within 12 months of the Certificate Date (and are notified by the Tenant to the Landlord during such period) which are due to faulty design workmanship materials or supervision of the Works and/or in breach of the provisions of Schedule B to the reasonable satisfaction of the Tenant and the Tenant shall have no liability under its repairing obligations in the Lease to remedy such faults and defects itself 10.2 The Landlord shall procure from any contractor architect or engineer (having a design input) and the environmental consultant on or before the Completion Date duly executed Deeds of Warranty substantially in the form of the Deed of Warranty but where the Landlord (but not a subsidiary company within the Slough Estates Group of Companies) acts in the capacity of any of the aforesaid no Deed of Warranty shall be supplied Provided always the Tenant shall not be entitled to delay the Completion Date on the grounds that one or more of the Deeds of Warranty are unavailable on such date

Defects and Warranties. The Minister warrants that any agreements to be entered into between the Minister and the Minister’s contractors for the Works will contain, in accordance with South Australian Government standard contracting terms for design and construction contracts, suitable provisions in relation to defect rectification and construction warranties having regard to the nature and extent of the Works.

Defects and Warranties. Property Manager shall give Owner written notice of any material or latent defect in the Property and all parts thereof known to Property Initials: PM /s/ RY Owner Manager promptly after any of the foregoing comes to Property Manager’s attention including, without limitation, material defects in the roof, foundation and walls of the Property and in the sewer, water, electrical, structural, plumbing, heating, ventilation and air conditioning systems. Property Manager shall make periodic visual inspections of the Property consistent with its employees’ and agents’ expertise as referenced in Section 4(c)(i) hereinabove. Property Manager shall have no obligation to discover any such condition or make any other inspections, but Property Manager shall be required to ascertain the existence of any contractor/subcontractor warranty or guaranty and to submit a request to the appropriate contractor/subcontractor to repair the defect as necessary.