A-Plus Warranty Sample Clauses

A-Plus Warranty. A-Plus warrants to the Customer that the Products when delivered by A-Plus shall conform to the then current Specifications and be free from defects in workmanship for a period of one year from the date of shipment to Customer's designated location. Any Products that do not meet the foregoing warranty shall be repaired or replaced at A-Plus's sole option and expense, within ten (10) business days of receipt by A-Plus of the returned Product; provided that (i) Customer obtains a Return Material Authorization ("RMA") from A-Plus prior to returning the Products, (ii) the Products are returned within one (1) year of the date the Product was delivered to Customer's designated location, and (iii) a failure analysis shall accompany the Product. Such warranty shall not apply if Customer alters, misuses, neglects, or abnormally stresses the Products. With respect to any components acquired or supplied by A-Plus that are incorporated into the Products, A-Plus makes no representation or warranty, except that A-Plus agrees to pass through to Customer the warranty, if any, originally provided to A-Plus by the manufacturer of such components. A-Plus agrees to use reasonable commercial efforts to ensure that such warranties may be passed through to Customer.
Sample 1
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A-Plus Warranty. A-Plus represents and warrants that the Products when --------------- delivered (i)shall conform to the then current Specifications accepted by A-Plus, and (ii)shall be of good material and free from workmanship defects for a period of one year from the date of delivery to NetScreen's designated location. Any Products that do not meet the foregoing warranty shall be repaired or replaced at A-Plus' sole option and expense, within ten (10) business days of receipt by A-Plus of the returned Product; provided that (i) NetScreen obtains a Return Material Authorization ("RMA") from A-Plus, which shall not be unreasonably withheld, prior to returning the Products, (ii) the Products are returned within one (1) year of the date the Product was delivered to NetScreen's designated location and (iii) the failure analysis conducted by NetScreen shall accompany the Product. Such warranty will not apply if NetScreen alters, misuses, neglects, or abnormally stresses the Products. With respect to any components acquired or supplied by A-Plus that are incorporated into the Products, A-Plus makes no representation or warranty, except that A-Plus agrees to pass through to NetScreen the warranty, if any, originally provided to A-Plus by the manufacturer of such components. A-Plus further represents and warrants that (i) NetScreen shall acquire good and clear title to the Products, free and clear of all liens, claims and encumbrances, (ii) A-Plus will not infringe any proprietary right of any third xxxxx in connection with its performance under this Agreement and (iii) A-Plus has the right and power to enter into this Agreement. As the sole remedy and liability for any breach of the foregoing representations and warranties, A-Plus agrees to indemnify NetScreen and hold NetScreen harmless from and against any and all claims, losses, liabilities, damages, expenses and costs (including reasonable attorney's fees and court costs) finally awarded against NetScreen, that result from a breach of any of these representations and warranties or incurred in the settlement or avoidance of any such claim. This indemnity shall not apply if (i) NetScreen fails to give A-Plus prompt written notice of any such claim or threatened claim and such failure materially prejudices A-Plus, or (ii) A-Plus is not given the opportunity to assume control of the defense or settlement or (iii) NetScreen does not provide reasonable assistance to A-Plus in defense or settlement of the claim. Furthermore, if A-...
Sample 1

Related to A-Plus Warranty

  • Incorporation of Representations and Warranties The representations and warranties of the Tenant and its Affiliated Persons set forth in the Transaction Documents are true and correct on and as of the date hereof in all material respects.

  • Incorporation of Representations and Warranties From Credit Agreement The representations and warranties contained in Section 5 of the Credit Agreement are and will be true, correct and complete in all material respects on and as of the First Amendment Effective Date to the same extent as though made on and as of that date, except to the extent such representations and warranties specifically relate to an earlier date, in which case they were true, correct and complete in all material respects on and as of such earlier date.

  • Limitation of Representations and Warranties Except as may be expressly represented or warranted in this Agreement by Seller, Seller makes no representations or warranties whatsoever with regard to any asset being transferred to Purchaser or any liability or obligation being assumed by Purchaser or as to any other matter or thing.

  • Bring Down of Representations and Warranties Each acceptance by the Company of an offer to purchase the Shares hereunder, and each execution and delivery by the Company of a Terms Agreement, shall be deemed to be an affirmation to the Manager that the representations and warranties of the Company contained in or made pursuant to this Agreement are true and correct as of the date of such acceptance or of such Terms Agreement as though made at and as of such date, and an undertaking that such representations and warranties will be true and correct as of the Settlement Date for the Shares relating to such acceptance or as of the Time of Delivery relating to such sale, as the case may be, as though made at and as of such date (except that such representations and warranties shall be deemed to relate to the Registration Statement and the Prospectus as amended and supplemented relating to such Shares).

  • Continuing Accuracy of Representations and Warranties Any obligation of the Agents to use their commercially reasonable efforts to sell the Shares on behalf of the Company as sales agents shall be subject to the continuing accuracy of the representations and warranties of the Company herein, to the performance by the Company of its obligations hereunder and to the continuing satisfaction of the conditions specified in Section 3 of this Agreement.

  • Breaches of Representations and Warranties The Company agrees to indemnify the Purchaser and hold it harmless from and against any and all claims, losses, damages, penalties, fines, forfeitures, legal fees and related costs, judgments, and any other costs, fees and expenses that the Purchaser may sustain in any way related any assertion based on, grounded upon resulting from a Breach of any of the Company's representations and warranties contained herein. The Company shall immediately notify the Purchaser if a claim is made by a third party with respect to this Agreement or the Mortgage Loans, assume (with the consent of the Purchaser and with counsel reasonably satisfactory to the Purchaser) the defense of any such claim and pay all expenses in connection therewith, including counsel fees, and promptly pay, discharge and satisfy any judgment or decree which may be entered against it or the Purchaser in respect of such claim but failure to so notify the Purchaser shall not limit its obligations hereunder. The Company agrees that it will not enter into any settlement of any such claim without the consent of the Purchaser unless such settlement includes an unconditional release of the Purchaser from all liability that is the subject matter of such claim. In addition to the obligations of the Company set forth in this Section 9.01(a), the Purchaser may pursue any and all remedies otherwise available at law or in equity, including, but not limited to, the right to seek damages. The provisions of this Section 9.01(a) shall survive termination of this Agreement. It is understood and agreed that the obligations of the Company set forth in Sections 3.03 and 9.01(a) to cure, substitute for or repurchase a defective Mortgage Loan and to indemnify the Purchaser constitute the sole remedies of the Purchaser respecting a Breach of the representations and warranties set forth in Section 3.01 and 3.02.

  • Expiration of Representations and Warranties All representations and warranties made pursuant to this Merger Agreement shall expire with, and be terminated and extinguished by, the mergers at the Closing Date.

  • Certificate of Representations and Warranties The certificate required by Section 3.2(b).

  • Notification of Breaches of Representations and Warranties Upon discovery by the Custodian of a breach of any representation or warranty made by the Seller or the Master Servicer as set forth in the Pooling and Servicing Agreement, the Custodian shall give prompt written notice to the Seller, the Master Servicer and the Trustee.

  • Effect of Representations and Warranties The representations and ---------------------------------------- warranties contained in this Agreement or in any List shall terminate immediately after the Effective Time of the Merger.

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