NO REPLACEMENT OF DEFECTIVE TENDER Clause Samples
The "No Replacement of Defective Tender" clause establishes that if goods or services delivered under a contract are found to be defective, the supplier is not permitted to substitute or replace them with new or corrected items. Instead, the buyer may reject the defective tender outright, and the supplier cannot cure the defect by offering a replacement. This clause typically applies in contracts where time is of the essence or where the buyer requires strict compliance with specifications. Its core function is to ensure that the buyer is not obligated to accept anything other than full and proper performance, thereby protecting the buyer from delays or repeated delivery of non-conforming goods or services.
POPULAR SAMPLE Copied 1 times
NO REPLACEMENT OF DEFECTIVE TENDER. Every tender or delivery of deliverables must fully comply with all provisions of the Contract as to time of delivery, quality, and quantity. Any non-complying tender shall constitute a breach and the Contractor shall not have the right to substitute a conforming tender; provided, where the time for performance has not yet expired, the Contractor may notify the City of the intention to cure and may then make a conforming tender within the time allotted in the contract.
NO REPLACEMENT OF DEFECTIVE TENDER. Seller must cause every tender of goods fully to comply with this Agreement as to time of delivery, quantity, quality, and the like. Any tender made from Seller that does not fully conform, constitutes a material breach and Seller has no right to substitute a conforming tender.
NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of materials shall fully comply with all provisions of the Contract. If a tender is made which does not fully conform, this shall constitute a breach and Contractor shall not have the right to substitute a conforming tender without prior written approval from the City.
NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of equipment shall fully comply with the provisions herein. If a tender is made that does not fully conform, it shall constitute a breach of this Agreement and Contractor shall not have the right to substitute a conforming tender. No other equipment other than the equipment listed in Exhibit “A” shall be accepted by the Village.
NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of materials shall fully comply with all provisions of this Contract. If a tender is made which does not fully conform, this shall constitute a breach of this Contract as a whole.
NO REPLACEMENT OF DEFECTIVE TENDER. Every tender or delivery of goods must fully comply with all provisions of this contract as to time of delivery, quality and the like. If a tender is made which does not fully conform, this shall constitute a breach and Seller shall not have the right to substitute a conforming tender, provided, where the time for performance has not yet expired, the Seller may seasonably notify SHSU of his intention to cure and may then make a conforming tender within the contract time buy not afterward.
NO REPLACEMENT OF DEFECTIVE TENDER. Every tender or delivery of good must fully comply with all provisions of the Contract as to time of delivery, quality, and quantity. Any non-complying tender shall constitute a breach and
NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of materials shall fully comply with all provisions of the Contract. If a tender is made which does not fully conform, this shall constitute a breach of the Contract as a whole. 25.
NO REPLACEMENT OF DEFECTIVE TENDER. Every tender of materials must fully comply with all provisions of this Contract. If a tender is made which does not fully comply, this shall conform to the termination clause set forth within this document.
NO REPLACEMENT OF DEFECTIVE TENDER. Every tender or delivery of deliverables must fully comply with all provisions of the Contract as to time of delivery, quality, and quantity. Any non-complying tender shall constitute a breach of the Contract, except where the time for performance has not yet expired and the Contractor has notified the City of its intention to cure the defect with conforming tender within the time allotted in the Contract. If the expiration of the time for performance has expired, the Contractor shall not have the right to substitute a conforming tender unless it receives written permission by the City to cure the defect.