REMEDYING OF DEFECTS Clause Samples

The 'Remedying of Defects' clause sets out the obligations and procedures for correcting faults or deficiencies in goods, services, or works after delivery or completion. Typically, it requires the responsible party—such as a contractor or supplier—to repair, replace, or otherwise fix any defects identified within a specified period, often called the defects liability period. This clause ensures that the recipient receives the agreed-upon quality and performance, providing a clear process for addressing issues and protecting the interests of the party receiving the goods or services.
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REMEDYING OF DEFECTS. The Supplier must remedy any defects in deliverables covered by the maintenance obligation in this contract in accordance with the provisions therein. As far as other deliverables are concerned, the Supplier must remedy any defect notified by the Customer within the warranty period, which notification must be in writing, be given without undue delay after the defect has been detected and contain a description of the defect. On receipt of such written notification of defect, the Supplier must confirm receipt within 2 (two) Working Days and remedy the defect without undue delay at its own expense.
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REMEDYING OF DEFECTS. 3.3.1 The Developer shall free of cost to the Tenant as soon as reasonably practicable (or immediately in case of emergency) and using its best endeavours to complete the same by 31 March 1998 remedy or cause to be remedied the items or matters set out or referred to in the Snagging List. 3.3.2 Without prejudice to the foregoing the Developer shall procure the preparation of a schedule as provided for under the relevant Trade Contracts listing any omissions defects shrinkages or other faults appearing in the Works or any part thereof within 12 months after the Practical Completion Date and promptly supply a copy thereof to the Tenant and the Tenant shall procure that within seven days after the expiry of the relevant defects period it shall provide the Developer with a list of any omissions defects shrinkages or other faults which it has observed and the Developer shall free of cost to the Tenant as soon as reasonably practicable make good or procure to be made good all such omissions defects shrinkages or other faults. 3.3.3 Without prejudice to any other rights or remedies of the Tenant under this Agreement if any Defect manifests itself and is notified in writing by the Tenant to the Developer by the third anniversary of the Practical Completion Date then the Developer and the Tenant shall agree a method and programme for carrying out remedial work in accordance with Clause 3.3 and the Developer shall free of cost to the Tenant procure the carrying out of such works as may be necessary to remedy such Defect and any physical damage thereby caused in accordance with such method and programme. 3.3.4 If any remedial works referred to in this Clause 3.3 are in the reasonable opinion of the Tenant urgently required having regard to the programme for the Tenant's Fit Out Works or the Tenant's occupation of the Premises then the Tenant and the Developer shall promptly consult as to the most expeditious means of remedying the same and the Developer shall take such reasonable steps as are within its control to make good or procure the same to be made good where appropriate in the case of emergency as urgently as possible provided that notwithstanding the foregoing the Tenant may, by using the Trade Contractors and with the consent of the Landlord and the Developer (which consents shall not be respectively unreasonably withheld), carry out itself such 6 of the remedial works which the Developer is liable to procure under this Clause 3.3.4 where entry by the Develo...
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Related to REMEDYING OF DEFECTS

  • REMEDY OF DEFECTS (a) The BUILDER shall remedy, at its expense, any defects, against which the VESSEL is guaranteed under this Article, by making all necessary repairs or replacements at the SHIPYARD or elsewhere as provided for in (b) hereinbelow. In such case, the VESSEL shall be taken at the BUYER's cost and responsibility to the place selected, ready in all respects for such repairs or replacements and in any event, the BUILDER shall not be responsible for towage, dockage, wharfage, port charges and anything else incurred for the BUYER's getting and keeping the VESSEL ready for such repairing or replacing. (b) However, if it is impractical (which shall include, but not be limited to, an emergency) to bring the VESSEL to the SHIPYARD, the BUYER may cause the necessary repairs or replacements to be made elsewhere which is deemed by the BUYER with the consent of the BUILDER which shall not be unreasonably withheld, to be suitable for the purpose, provided that, in such event, the BUILDER may forward or supply replacement parts or materials under the terms described in (c) hereinbelow, unless forwarding or supplying thereof under the terms described in (c) hereinbelow would impair or delay the operation or working schedule of the VESSEL. In the event that the BUYER proposes to cause the necessary repairs or replacements to be made to the VESSEL at any shipyard or works other than the SHIPYARD, the BUYER shall first (but in all events as soon as reasonably possible) give the BUILDER notice by email or facsimile of the time and place such repairs will be made, and if the VESSEL is not thereby delayed, or her operation or working schedule is not thereby impaired, the BUILDER shall have the right to verify by its own representative(s) the nature and extent of the defects complained of. The BUILDER shall, in such case, promptly advise the BUYER by email or facsimile, after such examination has been completed, of its acceptance or rejection of the defects as ones that are covered by the guarantee herein provided. Upon the BUILDER's acceptance of the defects as justifying remedy under this Article, or upon award of the arbitration so determining, the BUILDER shall compensate the BUYER an amount equal to the reasonable cost of making the same repairs or replacements at the SHIPYARD. (c) In the event that it is necessary for the BUILDER to forward a replacement for a defective part under this guarantee, replacement parts shall be shipped to the BUYER under the C.I.F terms to the BUYER's nominated port. The BUILDER reserves the option to retrieve, at the BUILDER's cost, any of the replaced equipment/parts in case defects are remedied in accordance with the provisions in this Article. (d) Any dispute under this Article shall be referred to arbitration in accordance with the provisions of Article XIII hereof.

  • Correction of Defects 35.1 The Engineer shall give notice to the Contractor of any Defects before the end of the Defects Liability Period, which begins at Completion and is defined in the Contract Data. The Defects Liability Period shall be extended for as long as Defects remain to be corrected. 35.2 Every time notice of a Defect is given, the Contractor shall correct the notified Defect within the length of time specified by the Engineer’s notice.

  • Notice of Defects If, based on Consulting Engineer/Architect's involvement during the construction phase, Consulting Engineer/Architect observes or otherwise becomes aware of any defect in the work, he shall give prompt written notice to City of such defects and their approximate location on the Project. However, Consulting Engineer/Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions, inspections and programs in connection with the work, since these are solely the contractor's responsibility under the contract for construction. Consulting Engineer/Architect shall not be responsible for the contractor's schedules or failure to carry out the work in accordance with the Contract Documents. Consulting Engineer/Architect shall not have control over or charge of acts or omissions of the contractor, contractor's subcontractors, or their agents or employees.

  • Cost of remedying Defects Any repair or rectification undertaken in accordance with the provisions of Clause 17.2, including any additional testing, shall be carried out by the Contractor at its own risk and cost, to the extent that such rectification or repair is attributable to: (a) the design of the Project; (b) Plant, Materials or workmanship not being in accordance with this Agreement and the Specifications and Standards; (c) improper maintenance during construction of the Project Highway by the Contractor; and/ or (d) failure by the Contractor to comply with any other obligation under this Agreement.

  • Latent Defects Notwithstanding anything to the contrary set forth herein, no acceptance, or deemed acceptance, by City pursuant to this Section shall be applicable with respect to any Latent Defects. An acceptance, or deemed acceptance, by City pursuant to this Section shall not mean that City has accepted, or the other party has been relieved of, responsibility for: (i) compliance with the Laws; (ii) the proper application of construction means or methods; or (iii) correcting any portion of the Project if it later is determined that any portion of the Project is inconsistent with the Final Documents and Drawings.