Fault Found Sample Clauses

Fault Found. The Supplier has re-tested the Materials and has found a fault. The fault has been determined and corrective action has or will take place to ensure no re-occurrence. The Company at its discretion may then quarantine, screen and return to the Supplier all existing stock from the same batch for full replacement. Any Materials that have been returned to the Supplier under a warranty claim or quality issue will be deducted from monies owed to the Contactor by the Company‟s accounts payable department at the Price at which it was supplied to the Company. The Company will not be responsible for the costs of shipment back to the Supplier for any Materials that are deemed to have, and agreed as Fault Found. Any shipping costs incurred by the Company will either be deducted from monies owed to the Supplier, or alternatively the Supplier can choose to arrange their own pick up. There may be small items of such low value that, between the Supplier and the Company, the cost to process any warranty claim would outweigh any cost benefit or supply any business justification for doing so. The Company and the Supplier will agree these items at the outset of the Contract being awarded. However this would not apply to any business or safety critical Materials. The warranty period will re-commence for any material that is repaired under warranty. Any replacement materials will be classed as new for the calculation of warranty. Where Materials under warranty have been maintained by the Company they will remain under warranty provided that the Suppliers instructions and guidelines have been followed. The Supplier will provide all maintenance instructions and manuals to the Company during the mobilisation period of the Contract.
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Related to Fault Found

  • Indemnified Party If a Party is entitled to indemnification under this Article 18 as a result of a claim by a third party, and the indemnifying Party fails, after notice and reasonable opportunity to proceed under Article 18.1.3, to assume the defense of such claim, such Indemnified Party may at the expense of the Indemnifying Party contest, settle or consent to the entry of any judgment with respect to, or pay in full, such claim.

  • Advance of Expenses for Indemnitee If, by reason of Indemnitee’s Corporate Status, Indemnitee is, or is threatened to be, made a party to any Proceeding, the Company shall, without requiring a preliminary determination of Indemnitee’s ultimate entitlement to indemnification hereunder, advance all Expenses incurred by or on behalf of Indemnitee in connection with such Proceeding. The Company shall make such advance within ten days after the receipt by the Company of a statement or statements requesting such advance from time to time, whether prior to or after final disposition of such Proceeding and may be in the form of, in the reasonable discretion of the Indemnitee (but without duplication) (a) payment of such Expenses directly to third parties on behalf of Indemnitee, (b) advance of funds to Indemnitee in an amount sufficient to pay such Expenses or (c) reimbursement to Indemnitee for Indemnitee’s payment of such Expenses. Such statement or statements shall reasonably evidence the Expenses incurred by Indemnitee and shall include or be preceded or accompanied by a written affirmation by Indemnitee and a written undertaking by or on behalf of Indemnitee, in substantially the form attached hereto as Exhibit A or in such form as may be required under applicable law as in effect at the time of the execution thereof. To the extent that Expenses advanced to Indemnitee do not relate to a specific claim, issue or matter in the Proceeding, such Expenses shall be allocated on a reasonable and proportionate basis. The undertaking required by this Section 8 shall be an unlimited general obligation by or on behalf of Indemnitee and shall be accepted without reference to Indemnitee’s financial ability to repay such advanced Expenses and without any requirement to post security therefor.

  • EXPENSES BORNE BY FUND The Fund will pay, without reimbursement by the Manager, all expenses attributable to the operation of the Fund or the services described in this Agreement and not specifically identified in this Agreement as being paid by the Manager.

  • Indemnify and Hold Harmless The Trust shall be the policy holder of any insurance plan or health care coverage plan offered by and through the Trust. As the policy holder, the Trust shall indemnify and hold harmless from liability the Employer from any claims by beneficiaries, health care providers, vendors, insurance carriers or home care workers covered under this Agreement.

  • Expenses Paid by Manager The Manager hereby agrees to pay all expenses of the Fund, including the Fund's management and investment advisory fee and the Fund's dividend disbursing, administrative and accounting services fee (but excluding taxes and brokerage fees and commissions, if any) that exceed 1.25% of the Fund's average daily net assets on an annual basis up to the amount of the management and investment advisory fee payable by the Fund to the Manager. All other expenses shall be paid by the Fund. From time to time and subject to discontinuance at any time, the Manager may voluntarily assume certain expenses of the Fund. Organizational costs borne by the Manager to the Fund will be amortized and reimbursed to the Manager by the Fund over a 60-month period.