Common use of Failure to Remedy Defects Clause in Contracts

Failure to Remedy Defects. Without prejudice to the Purchaser's other rights under the Agreement, if TOMRA fails to remedy or replace the affected Goods or Services pursuant to Clause 7.3 within a reasonable time, a reasonable date may be fixed by the Purchaser, on or by which the Goods or Services are to be remedied or replaced. If ▇▇▇▇▇ fails to remedy, re-perform or replace the affected Goods or Services by this notified date, the Purchaser may reject the affected Goods or Services and TOMRA shall repay to the Purchaser any amounts paid hereunder in respect of such Goods or Services or may remedy the Goods or re-perform the Services itself in which case TOMRA shall pay to the Purchaser all costs and losses incurred by the Purchaser in remedying the Goods or Services – subject to the limitations of liability defined under Clause 11.

Failure to Remedy Defects. Without prejudice to the Purchaser's other rights under the Agreement, if TOMRA fails to remedy or replace the affected Goods or Services pursuant to Clause 7.3 within a reasonable time, a reasonable date may be fixed by the Purchaser, on or by which the Goods or Services are to be remedied or replaced. If ▇▇▇▇▇ TOMRA fails to remedy, re-perform or replace the affected Goods or Services by this notified date, the Purchaser may reject the affected Goods or Services and TOMRA shall repay to the Purchaser any amounts paid hereunder in respect of such Goods or Services or may remedy the Goods or re-perform the Services itself in which case TOMRA shall pay to the Purchaser all costs and losses incurred by the Purchaser in remedying the Goods or Services – subject to the limitations of liability defined under Clause 11.