DEFECTS RECTIFICATION Clause Samples

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DEFECTS RECTIFICATION. 13.1 Upon our request, you must correct any defect in the Supply at your own cost. 13.2 If you do not correct the defect within a reasonable time, then we may: (a) correct the defect and you will be liable to reimburse us for the costs we incur; (b) withhold any payment that may be or becomes due to you until you correct the defect; (c) reject the part of the Supply containing the defect which has not been corrected and reduce the price by the amount reflecting the losses we have suffered as a result of the defect. 13.3 If you become aware of any defect prior to or during the Supply, you must immediately notify us. We may take action in accordance clause 13.2 or provide such other direction to you to rectify such defect. Failure to notify shall be constituted as a breach by you of this Contract. 13.4 This clause survives termination or expiry of this Contract.
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DEFECTS RECTIFICATION. 13.1Upon our request, you must correct any defect in the Supply at your own cost.
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DEFECTS RECTIFICATION. 12.1 Upon our request, you must correct any defect in the Supply at your own cost. 12.2 If you don't correct the defect within a reasonable time, then we can: (a) correct the defect and you will be liable to reimburse us for the costs we incur; (b) withhold any payment that may be or becomes due to you until you correct the defect; (c) reject the part of the Supply containing the defect which has not been corrected and reduce the price by the amount reflecting the losses we have suffered as a result of the defect.
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DEFECTS RECTIFICATION. 12.1 Upon your reasonable request, we will correct any defect in the Supply, at any reasonable time up to the completion of the Supply or, if applicable, expiry of the defects liability period (which shall not exceed 12 months from completion of our Supply), at our cost. 12.2 If we do not correct the defect within a reasonable time following written notice, then you may: (a) correct the defect and we will be liable to reimburse you for the actual costs you reasonably and necessarily incurred; or (b) reject the part of the Supply containing the defect which has not been corrected and reduce the price by the amount reflecting the reasonable portion of the Supply rejected as a result of the defect.
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DEFECTS RECTIFICATION. 14.1. Upon request by the Company, the Supplier must correct any defect, shrinkage, fault or omission in the Supply including any aspect of the Works which is not in accordance with the Agreement (Defect) at no cost to the Company. 14.2. If the Supplier fails to correct the Defect then the Company may at its sole and absolute discretion: a) correct the Defect and the Supplier will be liable to the Company for the cost of correcting the Defect; b) (or where the Company is not the Invoicing Entity, the Invoicing Entity may) withhold any payment that may be or becomes due to the Supplier until the Supplier corrects the Defect; c) issue a written notice that the Company is accepting or rejecting the portion of the Supply containing the Defect which has not been corrected. If the Company issues a notice pursuant to this clause, the Purchase Price will be reduced by an amount determined by the Company taking into account: (i) losses suffered by the Company as a result of the Defect; and (ii) the saving in cost to the Supplier in not correcting the Defect. 14.3. If the Supplier fails to deliver the Supply on time, the Supplier must pay the Company (or where the Company is not the Invoicing Entity, the Invoicing Entity may) liquidated damages at the rate stated in the Purchase Order for every day which the Supply is late. 14.4. No inspection, testing or acceptance of or payment for some or all of the Supply affects in any way: a) any liability or obligation of the Supplier; or b) any remedy or right in respect of any cost, expense, damage, liability or loss, including the right to reject any Supply.
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DEFECTS RECTIFICATION. The Landlord must repair or rectify, within a reasonable time after notice has been given by the Tenant, any defects or faults in the Site Works due to faulty materials or workmanship which are notified in writing to the Landlord within 12 months after the Lease Commencement Date.
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DEFECTS RECTIFICATION. 12.1 Upon your reasonable request, we will correct any defect in the Supply, at any reasonable time up to the completion of the Supply or, if applicable, expiry of the defects liability period set out in the Contract (which shall not exceed 12 months from completion of our Supply), at our cost. 12.2 If we do not correct the defect within a reasonable time following written notice received by us during the defects liability period set out in the Contract, then you may: (a) correct the defect and we will be liable to reimburse you for the actual costs you reasonably and necessarily incurred; or (b) reject the part of the Supply containing the defect which has not been corrected and reduce the price by the amount reflecting the reasonable portion of the Supply rejected as a result of the defect.
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DEFECTS RECTIFICATION. 13.1 Upon our request, you must correct any defect in the Supply at your own cost. 13.2 If you do not correct the defect within a reasonable time (taking into account the nature, scope, and impact of the defect), then we may: (a) correct the defect and you will be liable to reimburse us for the costs we incur; (b) withhold any payment that may be or becomes due to you until you correct the defect; (c) reject the part of the Supply containing the defect which has not been corrected and reduce the price by the amount reflecting the losses we have suffered as a result of the defect. 13.3 If you become aware of any defect prior to or during the Supply, you must immediately notify us. We may take action in accordance clause 13.2 or provide such other direction to you to rectify such defect. Failure to notify shall be constituted as a breach by you of this Contract. 13.4 This clause survives termination or expiry of this Contract.
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DEFECTS RECTIFICATION. 12.1 Upon our request, you must correct any defect in the Supply at your own cost. 12.2 If you don't correct the defect within a reasonable time, then we can: (a) correct the defect and you will be liable to reimburse us for the costs we incur; (b) withhold any payment that may be or becomes due to you until you correct the defect; (c) reject the part of the Supply containing the defect which has not been corrected and reduce the price by the amount reflecting the losses we have suffered as a result of the defect.
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Related to DEFECTS RECTIFICATION

  • Rectification Where the surface irregularity of sub-grade and the various pavement course fall outside the specified tolerances contractor shall be liable .to rectify these in the manner described below and to the satisfaction of the Engineer - in-charge. .

  • Correction of Defects 35.1 The Engineer shall give notice to the Contractor of any Defects before the end of the Defects Liability Period, which begins at Completion and is defined in the Contract Data. The Defects Liability Period shall be extended for as long as Defects remain to be corrected. 35.2 Every time notice of a Defect is given, the Contractor shall correct the notified Defect within the length of time specified by the Engineer’s notice.

  • Latent Defects Notwithstanding anything to the contrary set forth herein, no acceptance, or deemed acceptance, by City pursuant to this Section shall be applicable with respect to any Latent Defects. An acceptance, or deemed acceptance, by City pursuant to this Section shall not mean that City has accepted, or the other party has been relieved of, responsibility for: (i) compliance with the Laws; (ii) the proper application of construction means or methods; or (iii) correcting any portion of the Project if it later is determined that any portion of the Project is inconsistent with the Final Documents and Drawings.

  • Correction of Errors Contractor shall perform, at its own cost and expense and without reimbursement from the District, any work necessary to correct errors or omissions which are caused by the Contractor’s failure to comply with the standard of care required herein.

  • CORRECTION OF WORK 13.2.1 The Contractor shall be responsible for correcting all Work which the Architect has found to be defective or which fails to conform to the Contract Documents whether observed be- fore or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including compensation for the Architect's and the State’s additional services made necessary thereby. 13.2.2 If, within one year after the Date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the State of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State to do so unless the State has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The State shall give such notice promptly after discovery of the condition. 13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and 13.2.4 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, the State may correct it in accordance with Paragraph 13.2.5 If the Contractor does not proceed with the correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the State. 13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal. 13.2.7 Nothing contained in this Paragraph 13.2 shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under the