CONFIDENTIALITY All pricing, drawings, plans, disclosures, specifications, patterns or technical or business information furnished at any time to the Purchaser by Xxxxxxx shall remain the sole property of Xxxxxxx. INDEMNIFICATION The Purchaser agrees to indemnify, defend and hold harmless Xxxxxxx from any and all costs, expenses, damages, claims and liabilities, including attorneys’ fees and costs of litigation, arising out of or in connection with any breach of these terms and conditions by the Purchaser, or from any representations and warranties made by the Purchaser in violation of these terms and conditions.
As stated herein, the term “person” shall include, without limitation, any individual proprietorship, partnership, corporation or entity. LIMITATION OF LIABILITY IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL XXXXXXX BE LIABLE TO THE PURCHASER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL LOSSES OR DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGE TO OR LOSS OF USE OF ANY PRODUCT, LOST SALES, OR PROFITS, OR DELAY OR FAILURE TO PERFORM ITS WARRANTY OBLIGATION, OR CLAIMS OF THIRD PARTIES AGAINST THE PURCHASER, ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, USE OF, INABILITY TO USE, OR THE REPAIR OR REPLACEMENT OF, XXXXXXX’X PRODUCTS. Right to use Defective Goods If after delivery, acceptance and installation and within the guarantee and warranty period, the operation or use of the goods proves to be unsatisfactory, the Purchaser shall have the right to continue to operate or use such goods until rectifications of defects, errors or omissions by repair or by partial or complete replacement is made without interfering with the Purchaser‟s operation.GCC 39.ĭefective Goods means Goods that are Defective.
Where Goods are found to be Defective Goods, the Principal may reject any or all of the Defective Goods in accordance with Clause 23. Upon a refund of the price paid for the Defective Goods which had previously been Accepted, property in those Goods shall revert to the Contractor. The Principal shall not be responsible for the care or custody of any Defective Goods after the Contractor has been notified that they are defective. Our policy in relation to Returns, Damaged or Defective Goods shall be as specified in Our standard Terms and Conditions for the supply of Goods and Services. Examples of Defective Goods in a sentence
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