Warranty. Contractor expressly warrants that the goods covered by this Contract are 1) free of liens or encumbrances, 2) merchantable and good for the ordinary purposes for which they are used, and 3) fit for the particular purpose for which they are intended. Acceptance of this order shall constitute an agreement upon Contractor’s part to indemnify, defend and hold County and its indemnities as identified in paragraph “Z” below, and as more fully described in paragraph “Z,” harmless from liability, loss, damage and expense, including reasonable counsel fees, incurred or sustained by County by reason of the failure of the goods/services to conform to such warranties, faulty work performance, negligent or unlawful acts, and non-compliance with any applicable state or federal codes, ordinances, orders, or statutes, including the Occupational Safety and Health Act (OSHA) and the California Industrial Safety Act. Such remedies shall be in addition to any other remedies provided by law.
Warranty. The warranty period is ninety (90) days and commences on the date of receipt or delivery, exceptthat the warranty period for expendable parts such as bulbs and fuses is limited to thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and repair or replacement of such Equipment will be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for any of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicable.
Warranty. Subcontractor warrants to Client and Contractor that any and all materials and equipment furnished shall be new unless otherwise specified and that all Services provided under this Agreement will be performed, at a minimum, in accordance with industry standards. All work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The warranty provided in this Section shall be in addition to and not in limitation of any other warranty or remedy required by law or by the Prime Contract.
Warranty. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.
Warranty. Grantee warrants that all work under this Grant Agreement shall be completed in a manner consistent with standards under the terms of this Grant Agreement, in the applicable trade, profession, or industry; shall conform to or exceed the specifications set forth in the Grant Agreement; and all deliverables shall be fit for ordinary use, of good quality, and with no material defects. If System Agency, in its sole discretion, determines Grantee has failed to complete work timely or to perform satisfactorily under conditions required by this Grant Agreement, the System Agency may require Grantee, at its sole expense, to:
Warranty. Seller warrants to Buyer, for a period of one year after the date of shipment from Seller’s plant, that all goods sold to Buyer under these terms shall meet their applicable specification as may be set forth in Seller’s product literature and/or packaging and labeling materials published as of the date of shipment of the goods. If, after Seller receives written notice, within the period for the foregoing warranty, that any goods allegedly do not meet Seller’s applicable specification, and Seller, in its sole discretion, determines that such claim is valid, Seller’s entire liability and sole obligation and the exclusive remedy for breach of the foregoing warranty, will be, within a reasonable time after Seller’s receipt of such notice, at Seller’s option, either repair or replacement of such goods, and Seller will be responsible for the cost of shipping the parts to repair or the unit to replace the defective goods. Refurbished goods may be used to repair or replace the goods and the warranty on such repaired or replaced goods shall be the balance of the warranty remaining on the goods which were repaired or replaced. Buyer waives any claim to any goods which were replaced or the components therein which were replaced. In no event will Seller be required to accept delivery of any allegedly defective goods returned to it without its prior authorization, including the means, carrier and route of shipment for such return. Under no circumstances will credit be allowed for unauthorized rework on any materials. EXCEPT FOR SELLER’S WARRANTY OF TITLE TO THE GOODS, SELLER EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY OR OTHERWISE AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE. Seller’s obligations do not cover defects or losses caused by normal wear and tear or deterioration, defects in or damage to any goods resulting from improper installation, accident or any utilization, maintenance, repair or modification of the goods that is not consistent with Seller’s instructions or the designed capabilities of the goods or that, in its sole judgment, the performance or reliability thereof is adversely affected thereby, or which is subjected to abuse, mishandling, misuse or neglect or any damage caused by connections, interfac...
Warranty. The Contractor warrants the following:
Warranty. The Engineer warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Engineer, to solicit or secure this contract and that it has not paid or agreed to pay any company or engineer any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract.
Warranty. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Vendor warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Vendor’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that is effective past the expiration of the Vendor’s warranty will be passed on to the Participating Entity.
Warranty. Minimum acceptable warranty will be for a period of one year from the date of product acceptance by the ordering entity. Warranty shall cover defects in material and workmanship and shall cover all costs associated with the repair or replacement of defective items including labor, parts, transportation costs, travel time and expense, and any other costs associated with such repair or replacement. If anytime during the first (1) year warranty period the product does not perform in accordance to manufacturer’s specification, the successful contractor will be notified in writing. The contractor shall pick up the product at the contractor’s expense, and replace with product that meets or exceeds prior assembled product. Should product performance remain unacceptable to ordering entity, entity may request a full return of the purchase price (including taxes).
