Common use of LACK OF PROGRESS Clause in Contracts

LACK OF PROGRESS. If the Buyer is not satisfied with the Supplier's progress in repairing or replacing the Goods, the Buyer may either: reject the Goods by Notice to the Supplier, in which case clausesclause 3.6 to 3.75 will apply; or arrange for the Goods to be repaired by someone else, in which case the Supplier will reimburse all costs and expenses incurred by the Buyer in doing so. Rejection : If the Supplier receives a Notice from the Buyer rejecting the Goods, it must : remove any rejected Goods from the Buyer's premises at its own risk and expense. If the Supplier does not remove the rejected Goods within 15 Business Days of Notice of rejection, and if the Supplier fails to do so the Buyer may return the Goods and recover from the Supplier any cost and expense incurred., and If the Buyer rejects any Goods, the Supplier, at the Supplier’s cost, will do whichever onedo either of the following the Buyer elects. The Buyer must state the action required in its Notice issued under clause 3.3of rejection: provide a full refund of the Charges paid for the rejected Goods, within 10 Business Days of the Buyer electing to receive a refund, or provide a credit for the Charges paid for the rejected Goods, against the Charges payable for other Goods, or. promptly replace the rejected Goods with Goods that meet the requirements of this Contract. No limitation : The Buyer's rights under clauses 3.2 to 3.75 are in addition to, and do not limit, any other rights or remedies the Buyer may have. Ownership and risk Ownership of Goods : Ownership in the Goods passes to the Buyer on the earlier of: the date the Buyer has paid the Charges for those Goods, ▇▇▇▇▇ the date those Goods have been delivered.

Appears in 2 contracts

Sources: Goods Supply Agreement, Goods Supply Agreement