REMEDIES FOR DEFECTS Sample Clauses

REMEDIES FOR DEFECTS. If any of the Supplies are found to be defective in material or workmanship, or otherwise not in conformity with the requirements of this Order, Buyer (in addition to any other rights which it may have under warranties or otherwise) may at its option (1) accept all or part of the Supplies with an equitable price reduction; or (2) reject and return such Supplies at Seller’s expense, and require Seller, at Seller’s expense, to make all repairs, modifications or replacements necessary to bring the Supplies into compliance with the requirements of this Order. Seller shall not re-tender rejected work without disclosing corrective action taken. If Seller fails promptly to remove such Supplies that are required to be removed, or promptly to replace or correct such Supplies, Buyer may either (1) by Purchase Order or otherwise replace or correct such Supplies and charge to Seller the cost occasioned to Buyer thereby, or (2) may terminate this Purchase Order for default; and in either event may charge Seller the costs of damages occasioned to Buyer thereby. Seller shall not re-tender rejected Supplies without disclosing the corrective action taken.

REMEDIES FOR DEFECTS. In the event that any valid Defect is not waived in writing by Purchaser or cured on or prior to the date sixty (60) days after the applicable Claim Date, then, subject to Sellers’ right to dispute the existence of such Defect and the Defect Amount asserted with respect thereto: (i) subject to Section 3.1(b), Section 3.2(d)(iii), Section 3.2(e)(ii) and Section 3.2(e)(iii), with respect to all Defects that the Defect Amount with respect thereto exceeds the Defect Threshold, the Unadjusted Purchase Price shall be decreased by the sum of the aggregate Defect Amounts attributable to all such Defects, but only to the extent such aggregate sum exceeds the Defect Deductible, it being the intention of the Parties that the Defect Deductible constitute a deductible and not a threshold; (ii) with respect to all breaches of Sellers’ special warranty of Defensible Title in the Conveyances received or finally determined after the date of the Final Settlement Statement under Section 8.4, Sellers shall promptly pay to Purchaser the Defect Amount attributable thereto via wire transfer of immediately available funds to the account designated in writing by Purchaser; and (iii) with respect to all Defects that constitute Environmental Defects for which the Defect Amount with respect thereto exceeds the Defect Threshold, then Sellers shall have the right, but not the obligation, to elect in writing delivered to Purchaser on or prior to the Closing Date to exclude such Asset subject to such Environmental Defect (along with any other Assets necessary for the ownership or operation of such Assets) from the transactions contemplated hereunder and, in such event, (A) the Unadjusted Purchase Price shall be decreased by the Allocated Value of such Assets subject to all such Defects, (B) all such Assets shall be deemed to be excluded from the definition of Assets and from Exhibit A attached hereto, (C) such Assets shall be deemed to constitute Excluded Assets set forth on Schedule 1.1 and (D) Purchaser shall have no rights or obligations hereunder with respect to such Excluded Assets.

REMEDIES FOR DEFECTS. Subject to Seller’s continuing right to dispute the existence of a Defect or the Defect Amount asserted with respect thereto, if any Asserted Defect is not waived in writing by Buyer or cured by the Cure Period with respect to such Defect, Seller shall, at its sole option and subject to the Defect Deductible and the Defect Cap, elect to: (a) return to Buyer by wire transfer in immediately payable funds the amount determined pursuant to Section 7.6 as being the value of such Defect (the “Defect Amount”); or (b) indemnify Buyer against all Losses resulting from such Asserted Defect pursuant to an indemnity agreement (the “Indemnity Agreement”) in substantially the form attached hereto as Exhibit G. For avoidance of doubt, Seller may elect a different remedy permitted under this Section 7.3 with respect to each Defect.

REMEDIES FOR DEFECTS. If any of the Supplies are found to be defective in material or workmanship, or otherwise not in conformity with the requirements of this Order, Buyer (in addition to any other rights which it may have under warranties or otherwise) may at its option (1) accept all or part of the Supplies with an equitable price reduction; or (2) reject and return such Supplies at Seller’s expense, and require Seller, at Seller’s expense, to make all repairs, modifications or replacements necessary to bring the Supplies into compliance with the requirements of this Order. Seller shall not re-tender rejected work without disclosing corrective action taken. If Seller fails promptly to remove such Supplies that are required to be removed, or promptly to replace or correct such Supplies, Buyer may either (1) by contract or otherwise replace or correct such Supplies and charge to Seller the cost occasioned to Buyer thereby, or

REMEDIES FOR DEFECTS. If any of the supplies are found at any time prior to acceptance to be defective in material or workmanship, or otherwise not in conformity with the requirements of this Order, Buyer (in addition to any other rights which it may have under warranties or otherwise) may at its option, either: (1) correct or have corrected the nonconformity at Seller's expense (including replacement); or (2) reject and return such supplies or other deliverable items at Seller’s expense. If Seller fails to promptly replace or correct such supplies or lots of supplies, Buyer may either (1) by contract or otherwise replace or correct such supplies and charge to Seller the cost of replacement to Buyer thereby, or (2) may terminate this contract for default; and in either event may charge Seller the costs of damages occasioned to Buyer thereby. Unless Seller corrects or replaces such supplies within the delivery schedule, Buyer may require the delivery of such supplies at a reduction in price that is equitable under the circumstances. To defray the cost of shipping and handling, a service charge on rejected items will be billed to Seller.

REMEDIES FOR DEFECTS. Seller shall be allowed a maximum of thirty (30) days to remedy defects in the Equipment or components manufactured and made part of the Equipment or Purchaser may, at Seller’s sole expense including any additional labor costs to maintain production, make such changes or corrections as may be necessary in its sole opinion to meet any equipment performance specifications set forth in this Purchase Order.

REMEDIES FOR DEFECTS. 7.1 A defect in quality exists where the software, to the detriment of the Customer, significantly deviates from its product description on the Checkmk website or where the software is not suitable for its contractually intended purpose. Minor defects in quality will not be taken into account. The software is unencumbered by any defects in title if no third party is able to assert rights to the software products which interfere with or prevent the Customer from using the software in accordance with the ▇▇▇▇. The warranty for defects in title will only apply to the country of destination where the parties have agreed the software will be used. In the absence of an explicit agreement, the warranty will apply to the country where the Customer is headquartered. 7.2 The customer is obligated to notify in writing any defects in the software immediately after their discovery to ▇▇▇▇▇▇▇@▇▇▇▇▇▇▇.▇▇▇. In case of defects in quality, such notification shall include a description of the time of occurrence of the defects and the detailed circumstances. 7.3 Checkmk GmbH may, at its option, remedy a defect in the software by fixing the defect (repair) or by delivering software free from defects (replacement). For the purpose of defect analysis and correction, the Customer shall enable access to the software by means of telecommunication. The Customer shall establish the necessary connections in accordance with Checkmk GmbH's instructions. For the remedying of defects it may be necessary for the Customer to install a new version of the software or an update or a patch. In such case, the Customer is obliged to accept new versions, updates or patches provided that the full range of features under the Agreement is retained. 7.4 Checkmk GmbH will not be liable if the defects do not occur in a newer stable version of the software. 7.5 Termination by the Customer for failure to grant use of the software as contractually agreed shall only be permissible if Checkmk GmbH has been given sufficient opportunity to remedy the defect and such remedy has failed. The remediation of defects shall only be deemed to have failed if it is impossible, if it is refused or unreasonably delayed by Checkmk GmbH, if there are reasonable doubts as to the prospects of success or if it is unreasonable for other reasons. The particulars of the situation must be taken into account when assessing the adequacy of the grace period for remedying defects, in particular the cause, the severity and the effects ...

REMEDIES FOR DEFECTS. If any of the supplies are found to be defective in material or workmanship, or otherwise not in conformity with the requirements of this PO, GDIT (in addition to any other rights which it may have under warranties or otherwise) may at its option (1) accept all or part of the supplies with an equitable price reduction; or (2) reject and return such supplies at Suppliers expense, and require Supplier, at Supplier’s expense, to make all repairs, modifications or replacements necessary to bring the supplies into compliance with the requirements of this PO. If Supplier fails promptly to remove such supplies that are required to be removed, or promptly, to replace or correct such supplies, GDIT may either (1) by PO or otherwise replace or correct such supplies and charge to Supplier the cost occasioned by GDIT thereby, or (2) may terminate this PO for default, and in either event may charge Supplier the cost of damages occasioned by GDIT thereby. Supplier shall not re-tender rejected supplies without disclosing the corrective action taken.

REMEDIES FOR DEFECTS