Common use of DEFECTS AND WARRANTY Clause in Contracts

DEFECTS AND WARRANTY. (a) The Supplier must at its expense rectify any defect in the Goods or reperform any defective Services occurring within the warranty period for the Goods and the Services (fair wear and tear excepted), which period shall be at least 12 months from their date of delivery unless a greater period has been stipulated by the Supplier in writing, in which event, the greater period shall apply. (b) If the Goods fail for any reason other than fair wear and tear within the warranty period, the Supplier shall either replace the Goods at no cost to the Company or, if the Goods cannot be replaced, refund all amounts paid by the Company for the Goods. (c) The Company must advise the Supplier of any defect in or damage to the Equipment and the Supplier must: (i) repair the defective or damaged Equipment; (ii) supply to the Company an appropriate replacement for the Equipment while it is being repaired, if requested to do so; and (iii) if necessary, transport the Equipment from the Site to the Supplier's premises for repairs and re-deliver the repaired or replacement Equipment. (d) If emergency repairs to the Equipment are required and the Supplier fails to undertake such repairs within a reasonable time of the Company’s request to do so, the Company may cost carry out, or procure the carrying out of, such emergency repairs without invalidating any warranty given by the Supplier. (e) The Supplier is liable for all costs associated with repair of defective or damaged Equipment unless the defect or damage is the direct result of the negligent or deliberate misuse of the Equipment by the Company or its personnel.

DEFECTS AND WARRANTY. (a) The Supplier must at its expense rectify any defect in the Goods or reperform any defective Services occurring within the warranty period for the Goods and the Services (fair wear and tear excepted), which period shall be at least 12 months from their date of delivery unless a greater period has been stipulated by the Supplier in writing, in which event, the greater period shall apply. (b) If the Goods fail for any reason other than fair wear and tear within the warranty period, the Supplier shall either replace the Goods at no cost to the Company or, if the Goods cannot be replaced, refund all amounts paid by the Company for the Goods. (c) The Company must advise the Supplier of any defect in or damage to the Equipment and the Supplier must: (i) repair the defective or damaged Equipment; (ii) supply to the Company an appropriate replacement for the Equipment while it is being repaired, if requested to do so; and (iii) if necessary, transport the Equipment from the Site to the Supplier's premises for repairs and re-deliver the repaired or replacement Equipment. (d) If emergency repairs to the Equipment are AA-SC-SA-03 CONFIDENTIAL required and the Supplier fails to undertake such repairs within a reasonable time of the Company’s request to do so, the Company may cost carry out, or procure the carrying out of, such emergency repairs without invalidating any warranty given by the Supplier. (e) The Supplier is liable for all costs associated with repair of defective or damaged Equipment unless the defect or damage is the direct result of the negligent or deliberate misuse of the Equipment by the Company or its personnel.