Common use of DEFECTS RECTIFICATION Clause in Contracts

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.

DEFECTS RECTIFICATION. 14.1. 14.1 Upon request by the CompanyCouncil, the Supplier must correct any defect, shrinkage, fault or omission in the Supply including any aspect of the Works works which is not in accordance with the Agreement (Defect) at no cost to the Company.Council.‌ 14.2. 14.2 If the Supplier fails to correct the Defect then the Company Council may at its sole and absolute discretion: (a) correct the Defect and the Supplier will be liable to the Company Council for the cost of correcting the Defect;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;; or (c) issue a written notice that the Company Council is accepting or rejecting the portion of the Supply containing the Defect which has not been corrected. If the Company Council issues a notice pursuant to this clause, the Purchase Price will be reduced by an amount determined by the Company Council taking into account: (i) losses suffered by the Company Council as a result of the Defect; and (ii) the saving in cost to the Supplier in not correcting the Defect.Defect.‌ 14.3. 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) Council liquidated damages at the rate stated in the Purchase Order Request for Quotation (if any) for every day which the Supply is late. 14.4. 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.Supply.‌

DEFECTS RECTIFICATION. 14.1. 14.1 Upon request by the CompanyCouncil, the Supplier must correct any defect, shrinkage, fault or omission in the Supply including any aspect of the Works works which is not in accordance with the Agreement (Defect) at no cost to the CompanyCouncil. 14.2. 14.2 If the Supplier fails to correct the Defect then the Company Council may at its sole and absolute discretion: (a) correct the Defect and the Supplier will be liable to the Company Council 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;; or (c) issue a written notice that the Company Council is accepting or rejecting the portion of the Supply containing the Defect which has not been corrected. If the Company Council issues a notice pursuant to this clause, the Purchase Price will be reduced by an amount determined by the Company Council taking into account: (i) losses suffered by the Company Council as a result of the Defect; and (ii) the saving in cost to the Supplier in not correcting the Defect. 14.3. 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) Council liquidated damages at the rate stated in the Purchase Order Request for Quotation (if any) for every day which the Supply is latelate or if none stated general damages. 14.4. 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.