Common use of REMEDIES FOR DEFECTS Clause in Contracts

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.