Common use of Errors and Defects Clause in Contracts

Errors and Defects. 5.1 If Goods delivered to the Department do not conform with this Agreement, then the Department, irrespective of whether it has paid for the Goods, may reject the Goods by giving written notice to you (“Rejection Notice”). 5.2 If the Department issues a Rejection Notice in respect of any Goods, in addition to any other rights the Department may have under this Agreement or by law, you must immediately, at the Department’s option: (a) refund any moneys paid in advance for the Goods (if applicable); or (b) replace the Goods at your cost.

Errors and Defects. 5.1 4.1 If Goods delivered to the Department do not conform with this Agreement, then the Department, irrespective of whether it has paid for the Goods, may reject the Goods by giving written notice to you (“Rejection Notice”). 5.2 4.2 If the Department issues a Rejection Notice in respect of any Goods, in addition to any other rights the Department may have under this Agreement or by law, you must immediately, at the Department’s option: (a) refund any moneys paid in advance for the Goods (if applicable); or (b) replace the Goods at your cost.