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defect” means o (a) a defect, failure or fault in the works or the component parts due to a breach by the contractor (or any subcontractor) of the terms of this contract, the specifications and/or any specifications provided by any supplier of the component parts, with respect to design, manufacturing, materials or workmanship not being in accordance with this contract; o (b) any non-conformity of the works or the component parts with the specifications and/or any specifications provided by the suppliers of the component parts, causing a failure or an operational deterioration of the works; and o (c) any damages to the defective works or component parts caused as a direct result of (a) and/or (b) above; o but shall not include defects of a cosmetic nature and/or which neither reduce the value of the solar park nor impair the solar park’s functioning, safety or performance nor raise the ongoing costs of operation of the solar park or are otherwise connected with only negligible disadvantages for the client (and “defective” shall be construed in the same terms as defect is defined herein).
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Last Update: 2021-11-23
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