Common use of IMI PRECISION ENGINEERING REMEDIES Clause in Contracts

IMI PRECISION ENGINEERING REMEDIES. 9.1 If the Supplier fails to deliver the Products and/or perform the Services by the applicable date, IMI Precision Engineering shall, without limiting its other rights or remedies, have one or more of the following rights: 9.1.1 to terminate the Contract (in whole or in part) with immediate effect by giving written notice to the Supplier; 9.1.2 to refuse to accept any subsequent performance of the Services and/or delivery of the Products which the Supplier attempts to make; 9.1.3 to recover from the Supplier any costs incurred by IMI Precision Engineering in obtaining substitute goods and/or services from a third party; 9.1.4 where IMI Precision Engineering has paid in advance for Services that have not been provided by the Supplier and/or Products which have not been delivered by the Supplier, to have such sums refunded by the Supplier; 9.1.5 to use premium freight for shipment of Products (the difference in cost between the premium freight shipment and the standard shipment costs shall be paid or reimbursed by the Supplier immediately upon IMI Precision Engineering’s request); and 9.1.6 to claim damages for any additional costs, losses or expenses incurred by IMI Precision Engineering which are in any way attributable to the Supplier's failure to meet such dates. 9.2 If the Supplier has delivered Products and/or performed Services that do not comply with the undertakings set out in the Contract, then, without limiting its other rights or remedies, IMI Precision Engineering shall have one or more of the following rights, whether or not it has accepted the Products and/or the Services: 9.2.1 to reject the Products and/or the Services (in whole or in part) whether or not title has passed and, to the extent necessary, to return them to the Supplier at the Supplier's own risk and expense; 9.2.2 to terminate the Contract (in whole or in part) with immediate effect by giving written notice to the Supplier; 9.2.3 to require the Supplier to repair, replace or re-perform the rejected Products and/or Services within five (5) days of being requested to do so, or to provide a full refund of the price of the rejected Products and/or Services; 9.2.4 to refuse to accept any subsequent delivery of the Products and/or the Services which the Supplier attempts to make; 9.2.5 to recover from the Supplier any expenditure incurred by IMI Precision Engineering in obtaining substitute products and/or services from a third party; and 9.2.6 to claim damages for any additional costs, losses or expenses incurred by IMI Precision Engineering arising from the Supplier's failure to supply Products and/or the Services in accordance with the Contract. 9.3 These conditions shall extend to any substituted or remedial services and/or repaired or replacement products supplied by the Supplier.