Common use of REMEDIES IN THE EVENT OF INADEQUATE PERFORMANCE Clause in Contracts

REMEDIES IN THE EVENT OF INADEQUATE PERFORMANCE. 7.5.1 Where a complaint is received about the standard of Services or about the manner in which any Services have been supplied or work has been performed or about the materials or procedures used or about any other matter connected with the performance of the Service Provider’s obligations under the Contract, then the Customer shall take all reasonable steps to ascertain whether the complaint is valid. If the Customer so decides, it may uphold the complaint, or take further action in accordance with Clause 9.2 (Termination on Default) of the Contract. 7.5.2 In the event that the Customer is of the reasonable opinion that there has been a material breach of the Contract by the Service Provider, or the Service Provider’s performance of its obligations under the Contract has failed to meet the requirements set out in the Statement of Work, then the Customer may, without prejudice to its rights under Clause 9.2 (Termination on Default) of the Contract, do any of the following:- (a) without terminating the Contract, itself supply or procure the supply of part of the Services until such time as the Service Provider shall have demonstrated to the reasonable satisfaction of the Customer that the Service Provider will once more be able to supply such part of the Services in accordance with the Contract or the Statement of Work; (b) without terminating the whole of the Contract, terminate the Contract in respect of part of the Services only (whereupon a corresponding reduction in the Contract Price shall be made) and thereafter itself supply or procure a third party to supply such part of the Services; (c) terminate, in accordance with Clause 9.2 (Termination on Default), the whole of the Contract; and/or (d) charge the Service Provider for and the Service Provider shall pay any cost reasonably incurred by the Customer and any reasonable administration costs in respect of the supply of any part of the Services by the Customer or a third party to the extent that such costs exceed the payment which would otherwise have been payable to the Service Provider for such part of the Services and provided that the Customer uses its reasonable endeavours to mitigate any additional expenditure in obtaining replacement Services. 7.5.3 If the Service Provider fails to supply any of the Services in accordance with the provisions of the Contract and such failure is capable of remedy, then the Customer shall instruct the Service Provider to remedy the failure and the Service Provider shall at its own cost and expense remedy such failure (and any damage resulting from such failure) within ten (10) Working Days or such other period of time as the Customer may direct. 7.5.4 In the event that:- (a) the Service Provider fails to comply with Clause 7.5.3 and the failure is materially adverse to the interests of the Customer or prevents the Customer from discharging a statutory duty; or (b) the Service Provider persistently fails to comply with Clause 7.5.3, The Customer reserves the right to terminate the Contract with immediate effect by giving the Service Provider notice in writing.

REMEDIES IN THE EVENT OF INADEQUATE PERFORMANCE. 7.5.1 Where a complaint is received about the standard of Services or about the manner in which any Services have been supplied or work has been performed or about the materials or procedures used or about any other matter connected with the performance of the Service Provider’s obligations under the Contract, then the Customer shall take all reasonable steps to ascertain whether the complaint is valid. If the Customer so decides, it may uphold the complaint, or take further action in accordance with Clause 9.2 (Termination on Default) of the Contract. 7.5.2 In the event that the Customer is of the reasonable opinion that there has been a material breach of the Contract by the Service Provider, or the Service Provider’s performance of its obligations under the Contract has failed to meet the requirements set out in the Statement of Work, then the Customer may, without prejudice to its rights under Clause 9.2 (Termination on Default) of the Contract, do any of the following:- (a) without terminating the Contract, itself supply or procure the supply of part of the Services until such time as the Service Provider shall have demonstrated to the reasonable satisfaction of the Customer that the Service Provider will once more be able to supply such part of the Services in accordance with the Contract or the Statement of Work; (b) without terminating the whole of the Contract, terminate the Contract in respect of part of the Services only (whereupon a corresponding reduction in the Contract Price shall be made) and thereafter itself supply or procure a third party to supply such part of the Services; (c) terminate, in accordance with Clause 9.2 (Termination on Default), the whole of the Contract; and/or (d) charge the Service Provider for and the Service Provider shall pay any cost reasonably incurred by the Customer and any reasonable administration costs in respect of the supply of any part of the Services by the Customer or a third party to the extent that such costs exceed the payment which would otherwise have been payable to the Service Provider for such part of the Services and provided that the Customer uses its reasonable endeavours to mitigate any additional expenditure in obtaining replacement Services. 7.5.3 If the Service Provider fails to supply any of the Services in accordance with the provisions of the Contract and such failure is capable of remedy, then the Customer shall instruct the Service Provider to remedy the failure and the Service Provider shall at its own cost and expense remedy such failure (and any damage resulting from such failure) within ten (10) Working Days or such other period of time as the Customer may direct. 7.5.4 In the event that:- (a) the Service Provider fails to comply with Clause 7.5.3 and the failure is materially adverse to the interests of the Customer or prevents the Customer from discharging a statutory duty; or (b) the Service Provider persistently fails to comply with Clause 7.5.3, The the Customer reserves the right to terminate the Contract with immediate effect by giving the Service Provider notice in writing.