Hidden defects Sample Clauses
The "Hidden defects" clause defines the parties' rights and obligations regarding defects in goods or property that are not immediately apparent upon inspection. Typically, this clause requires the seller to guarantee that the item sold is free from concealed flaws that could not be discovered through ordinary diligence at the time of purchase. For example, if a buyer later discovers a structural issue in a house that was not visible during a standard inspection, this clause would govern the seller's responsibility to remedy the defect. Its core function is to protect buyers from undisclosed problems, ensuring fairness and accountability in transactions by allocating the risk of hidden issues to the seller.
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Hidden defects. Before processing the Goods, ▇▇▇▇▇ will inspect the Goods for possible quality deviations or other hidden defects. Hid- den defects not visible upon delivery and which become apparent later, must be notified to Seller in writing within 72 (seventy-two) hours after they have been or reasonably should have been discovered, failing which Buyer shall have irrevocably accepted the Goods.
Hidden defects. If it is found that a Batch of Products has not been manufactured in accordance with the Product Specifications, cGMP and/or FRESENIUS’ warranties hereunder, which could not reasonably be found by diligent and adequate inspection by TRANSMEDICS (a “Hidden Defect”), TRANSMEDICS shall notify FRESENIUS within thirty (30) days of the discovery of such Hidden Defect but in any case within 12 months from the delivery of said Batch of Products. Such Batch of Products (or relevant portion thereof) shall be treated as rejected pursuant to Section 9.1 above.
Hidden defects. For the avoidance of doubt the Parties agree that in addition to the regular Defects remedy procedure as specified in this Section, in the event the Principal or the respective Beneficiary representative becomes aware of any previously unnoticed error, fault, omission, or defect in an already completed Assignment after the Completion Date the Principal shall give prompt notice thereof to the Contractor. The Contractor shall have the obligation to correct such error, fault, omission, or defect in the Assignment or non- conformance of any action forming part of the Assignment, free of any additional charge or payment, in no more than seven (7) calendar days after the reception of the respective notice from the Principal.
Hidden defects. For purposes of this Agreement, "hidden defect" means a defect in the Product not discovered by Connetics during its testing of the Product in accordance with generally accepted practices in the pharmaceutical industry and which would not be a defect reasonably expected to be discovered in accordance with such testing. In the case of a hidden defect, Connetics shall have the right to request that APG provide to Connetics, within 30 days after APG receives notice of the hidden defect, Product that meets the Specifications or to promptly provide Connetics with full credit for the Purchase Price paid by Connetics for the returned Product.
Hidden defects. For hidden defects, not established in the act of the “Term of Delivery and Acceptance of Installations”, the statutory limitation period only begins on the date of knowledge of the fault and/or defect by MBBras.
Hidden defects. For the avoidance of doubt the Parties agree that in addition to the regular Defects remedy procedure as specified in this Section XI. Commencement of Services, remedying of Defects and acceptance, in the event the Principal or the respective Implementing Body becomes aware of any previously unnoticed error, fault, omission, or defect in an already completed Assignment after the Completion Date the Principal shall give prompt notice thereof to the AsBo. The AsBo shall have the obligation to correct such error, fault, omission, or defect in the Assignment or non-conformance of any action forming part of the Assignment, free of any additional charge or payment, in no more than seven (7) calendar days after the reception of the respective notice from the Principal.
Hidden defects. 5.4.1. The Customer must inform Kadonation of any hidden defect by e-mail to the address ▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇.▇▇▇ no later than two (2) Business Days after it has/should have been detected, and in any case within twelve (12) months upon delivery, at the risk of forfeiture.
5.4.2. Under penalty of disallowance of the complaint, the Customer: - Must be able to prove that it has ceased the use of the Products immediately after detection of the hidden defect; - Must be able to prove that the defect was not a result of attempted money laundering and/or credit card fraud with the Products; - Must be able to prove it has used the Products in accordance with the documentation available on the Platform, the Website and/or the Products; and; - Shall assist Kadonation as much as possible with its investigation of the complaint.
5.4.3. Kadonation shall check and examine the Products and investigate the complaint within ten (10) Business Days of receiving (a sample of) the defective Product. The cost of such examinations shall be payable by Kadonation only to the extent the claim of the defect is found to be legitimate. If the claim is illegitimate, the Customer will reimburse all costs of examination.
5.4.4. Kadonation cannot be held liable for, nor does it warrant defects caused by: - Normal wear and tear, incorrect/improper treatment or maintenance, external influences, force majeure and/or hardship; - An act of the Customer or a third party, regardless of whether these were caused by a fault or negligence.
5.4.5. Physical return of the defective Products requires prior written approval by Kadonation. In absence of its approval, all returned shipments will be refused and the costs arising thereof shall be passed on to the Customer.
Hidden defects defects in Products that cannot be detected despite careful examination of the Products by the Recipient on acceptance.
Hidden defects. For the purposes of this Clause 12, "
Hidden defects. Upon discovery of any Non-compliant Structures, structural defects, undiscovered de- fects, or other hidden condition that was not anticipated by the parties at the Jobsite or the Installation Address (the “Hidden Defects”), the Contractor must submit an agreement Change Order to cover the addition cost, if provided by the Contractor, to remedy the Hidden Defects. If such Change Order is de- clined by the Customer or the Contractor does not provide such remedial services, the Contractor may cancel this agreement. The Customer then must pay for the materials, labor, and other services rendered by the Contractor.