Lack of conformity Clause Samples

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Lack of conformity resulting from the incorrect installation of the product shall be deemed equivalent to lack of product conformity when installation is included in the contract of sale or supply (…) and has been carried out by the seller or under the responsibility thereof, or by the consumer or user when the defective installation is due to an error in the installation instructions. 3. There shall be no liability for lack of conformity which the consumer or user was aware of, or which they could not have reasonably ignored at the time the contract was concluded, or which originates from the materials provided by the consumer or user.”
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Lack of conformity. 8.1 The Buyer shall examine the Goods, or cause them to be examined within as short period as is practicable in the circumstances. The Buyer shall notify the Seller of any lack of conformity of the Goods, specifying the nature of the lack of conformity, within
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Lack of conformity. 8.1 There is a lack of conformity where the Seller has delivered: 8.1.1. Part only or a larger or a smaller quantity of the Goods than specified in Article 1 of this contract;
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Lack of conformity. 18.1 The Customer at any time may inspect the lighting scheme immediately following a maintenance visit. The Customer shall notify the Service Provider of any lack of conformity to this Agreement, specifying the nature of any lack of conformity, within 5 days after the Customer has discovered the lack of conformity. 18.2 Where the Customer has given due notice of non-conformity to the Service Provider the Customer is able to request 18.2.1 that remedial works are undertaken, at no additional expense to the Customer providing that the work required is directly the fault of the provider and not failure of additional light sets or equipment.
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Lack of conformity. The Buyer shall examine the goods, or cause them to be examined within ………………. days, as is practicable in the circumstances. The Buyer shall notify the Seller of any lack of conformity of the goods, specifying the nature of the lack of conformity, within ………. days after the Buyer has discovered or ought to have discovered the lack of conformity. Where the Buyer has given due notice of non-conformity to the Seller, the Buyer may at his discretion: Require the Seller to deliver any missing quantity of the goods, without any additional expense to the Buyer; or Require the Seller to replace the goods with conforming goods, without any additional expense to the Buyer; or Require the Seller to repair the goods, without any additional expense to the Buyer; or Reduce the price in the same proportion as the value that the goods actually delivered had at the time of the delivery bears to the value that conforming goods would have had at that time. The Buyer may not reduce the price if the Seller replaces the goods with conforming goods or repairs the goods in accordance with paragraph 4.2.2 and 4.2.3 or if the Buyer refuses to accept such performance by the Seller, the buyer may; Declare this contract breached in accordance with clause 7 of this contract. The Buyer shall in any event be entitled to claim damages. The Seller’s liability under this clause for lack of conformity of the goods is limited to (specify limitations if any) Transfer of property The Seller must deliver to the Buyer the goods specified in Paragraph 3.2 of this contract free from any right or claim of a third person. The property in the goods (consignment) shall not pass to the Buyer until the Seller has received payment in full or at a time the parties agree or as implied from conduct of the parties or within a reasonable time.
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Lack of conformity. 8.1 The Buyer shall examine the Goods, or cause them to be examined within as short period as is practicable in the circumstances. The Buyer shall notify the Seller of any lack of conformity of the Goods, specifying the nature of the lack of conformity, within . .
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Lack of conformity. 1. Jet Travel shall be responsible for the performance of the travel services included in the Travel Services Agreement, irrespective of whether those services are to be performed by Jet Travel or by other travel service providers. 2. Traveller shall inform Jet Travel without undue delay, taking into account the circumstances of the case, of any lack of conformity which he perceives during the performance of a travel service included in the Travel Services Agreement. 3. Jet Travel shall remedy the lack of conformity, unless that (i) is impossible; or (ii) entails disproportionate costs, taking into account the extent of the lack of conformity and the value of the travel services affected. If Jet Travel does not remedy the lack of conformity for any reasons indicated in this Clause, Traveller shall be entitled to a price reduction and compensation for damages. 4. Save for the cases set out in Clause VII/3 above, if Jet Travel does not remedy the lack of conformity within a reasonable period set by Traveller, Traveller may do so himself and request reimbursement of the necessary expenses. It shall not be necessary for Traveller to specify a time-limit if Jet Travel refuses to remedy the lack of conformity or if immediate remedy is required. 5. Where a significant proportion of the travel services cannot be provided as agreed in the Travel Services Agreement, Jet Travel shall offer, at no extra cost to Traveller, suitable alternative arrangements of, where possible, equivalent or higher quality than those specified in the Travel Services Agreement, for the continuation of the package, including where Traveller's return to the place of departure is not provided as agreed. Traveller may reject the proposed alternative arrangements only if they are not comparable to what was agreed in the Travel Services Agreement or, in case a lower quality alternative arrangement is proposed, the price reduction granted is inadequate. 6. Where a lack of conformity substantially affects the performance of the Travel Services Agreement and Jet Travel has failed to remedy it within a reasonable period set by Traveller, Traveller may terminate the Travel Services Agreement without paying a termination fee and, where appropriate, request price reduction and/or compensation for damages. 7. If it is impossible to make alternative arrangements or Traveller rejects the proposed alternative arrangements in accordance with the foregoing, Traveller is entitled to price reduction and/or co...
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Lack of conformity resulting from the incorrect installation of the product shall be deemed equivalent to lack of product conformity when installation is included in the contract of sale or supply (…) and has been carried out by the seller or under the responsibility thereof, or by the consumer or user when the defective installation is due to an error in the installation instructions. 3. There shall be no liability for lack of conformity which the consumer or user was aware of, or which they could not have reasonably ignored at the time the contract was concluded, or which originates from the materials provided by the consumer or user.” 1. “Should the product not conform to the contract, consumers and users may choose between demanding the repair or the replacement of the product, unless either of these two options is objectively impossible or disproportionate. Both parties [the seller and the consumer] shall abide by the chosen action from such time as the consumer or user informs the seller thereof. The decision of the consumer or user shall be considered without prejudice to the provisions of the following article regarding circumstances in which repair or replacement fail to make the product conform to the contract. 2. Forms of remedy which, in comparison to the other, impose unreasonable costs on the seller, shall be considered undue, taking into account the value that the product would have if there was not lack of conformity, the importance of the lack of conformity and whether the alternative form of remedy could be implemented without causing major inconvenience to the consumer or user. In order to determine whether the costs are unreasonable, the expenses corresponding to one form of remedy must also be considerably higher than the expenses corresponding to the other form of remedy”. a) They shall be free of charge for the consumer and user, including the necessary expenses incurred to rectify the lack of conformity of the product with the contract, especially shipping expenses and costs relating to labor and materials. b) They must be carried out within a reasonable period and without major inconveniences for the consumer or user, taking into account the nature of the ‘Products’ and the purpose for which the consumer or user intended them. c) Repair shall entail the suspension of the calculation of the time limits within the consumer or user may exercise their rights. The suspension period shall commence once the consumer or user has placed the product at the dis...
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Lack of conformity. 11.1. ▇▇▇▇▇ must examine the products delivered to him within as short a period as is practicable in the circumstances.
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