Common use of Defects Correction Clause in Contracts

Defects Correction. 25.1 If defects in the Goods and, or, Services are discovered by the Supplier or otherwise brought to the attention of the Supplier by the Company during the supply or use of the Goods and, or, performance of the Services, the Supplier is responsible for remedying such defects at its own cost and, or, for the cost of having such defects remedied in accordance with this provision. 25.2 The Supplier’s obligation to remedy defects includes, but is not limited to, the provision of third party services, including transportation, accommodation and other ancillary or support services if applicable. 25.3 Upon discovery of any defect or upon receiving notification from the Company specifying any defect, remedy the same at its own cost and expense by performing defects correction. 25.4 If the Supplier fails to arrange and perform the remedial work within a reasonable timeframe the Company is entitled to have the necessary remedial work performed by others and to recover from the Supplier all costs necessary to remedy such defects, either directly from the Supplier or by deducting such costs from any monies due or which become due to the Supplier notwithstanding that the Company shall use reasonable endeavours to mitigate such costs. 25.5 The Supplier warranties contained in this Agreement and the remedies contained in this provision shall apply mutatis mutandis to any remedial work performed pursuant to this provision for a period of 180 days from the date of completion of such remedial work or until 12 months from the date of completion, whichever is the earlier.