Acceptance and Warranty. A. Buyer may inspect and test all Items at reasonable times before, during, and after manufacture and upon reasonable notice during Supplier’s and Supplier’s manufacturing vendor’s’ normal business hours. If any inspection or test is made on Supplier’s premises, Supplier shall provide reasonable facilities and assistance for the safety and convenience of Buyer’s inspectors in such manner as shall not unreasonably hinder or delay Supplier’s performance. All Items shall be received subject to Buyer’s inspection, testing, approval, and acceptance at Buyer’s premises notwithstanding any inspection or testing at Supplier’s premises or any prior payment for such Items. Quoted pricing is FCA Aquantia Shipping Dock. Items subject to return may be returned to Supplier at Supplier’s risk and expense and, at Buyer’s request, shall be promptly replaced, refunded or credited according to the procedures provided herein below.
B. Supplier makes the following warranties regarding items furnished hereunder, which warranties shall survive any delivery, inspection, acceptance, payment, or resale of the Items:
(i) Items will not infringe any 3rd party’s intellectual property rights, and the sole remedy for a breach of this warranty is as stated in Section 13 “Intellectual Property Indemnification”;
(ii) Supplier has the necessary right, title, and interest to provide said Items to Buyer, and the Items will be free of liens and encumbrances.
(iii) Items are new and of the grade and quality specified;
(iv) Items are free from defects in workmanship and material, substantially conform to all samples, drawings, descriptions, and specifications furnished or published in non-draft form by Supplier, and to any other agreed-to specifications, and the sole remedy for a breach of this warranty as stated in Paragraph C of this Section;
(v) Items conform to the manufacturing quality provisions set forth in Addendum B and the sole remedy for a breach of this warranty is as stated in Paragraph C of this Section; Buyer makes the following warranties regarding intellectual property and technology furnished to Supplier: The intellectual property and technology will not infringe any party’s intellectual property rights, and the sole remedy for a breach of this warranty is as stated in Section 13 “Intellectual Property Indemnification”.
C. If Supplier breaches any of the foregoing warranties stated above in (iv) or (v), or Items are otherwise defective or non-conforming, during a period of thre...
Acceptance and Warranty. You agree to accept and to be bound by the Agreement and, save as otherwise disclosed by you, you warrant that you have full and unfettered powers to employ FIM to manage your portfolio on a discretionary basis in accordance with the terms of the Agreement and these Terms and Conditions and further warrant that the portfolio is, and for the duration of this Agreement will remain, free from any lien, charge or other encumbrance.
Acceptance and Warranty. You agree to accept and to be bound by the Agreement and, save as otherwise disclosed by you, you warrant that you have full and unfettered powers to employ FIM to manage your ISA on a discretionary basis in accordance with the terms of the Agreement and these Terms and Conditions and further warrant that the ISA is, and for the duration of this Agreement will remain, free from any lien, charge or other encumbrance.
Acceptance and Warranty. A. Buyer may with reasonable advance notification inspect and test all Items at reasonable times before, during and after manufacture. If any inspection or test is made on Supplier's premises, Supplier shall provide reasonable facilities and assistance for the safety and convenience of Buyer's inspectors in such manner as shall not unreasonably hinder or delay Supplier's performance. All Items shall be received subject to Buyer's inspection, testing, approval and acceptance at Buyer's premises notwithstanding any inspection or testing at Supplier's premises or any prior payment for such Items. Items rejected by Buyer as not conforming to this Agreement or Item specifications whether provided by Buyer or furnished with the Item may be returned to Supplier at Supplier's risk and expense and, at Buyer's request shall immediately be repaired or replaced.
B. Supplier warrants that all Items furnished here under shall be new, of the grade and quality specified, conform to all agreed-to specifications, and will be free of liens and encumbrances (excluding claims of intellectual property infringement, which are the exclusive subject of Section
Acceptance and Warranty. Services will be performed in a professional manner, consistent with industry standards, and will be free of deficiencies and defects in materials, workmanship, design and/or performance. Services will conform to any specifications described in Exhibit A, and will be fit and sufficient for the purposes expressed in or reasonably inferred from this Agreement. Company reserves the right to inspect Services at any time prior to acceptance.
Acceptance and Warranty. Final acceptance of articles or material by Buyer will not occur until after arrival of the same at the Buyer’s facility from which this Purchase Order originates, unless otherwise specified herein. Seller warrants that all articles, materials and work supplied or performed by Seller under this Purchase Order conform to the requirements, specifications, drawings, samples or other descriptions furnished or adopted by Buyer and that they are merchantable, suitable for the use intended, of good material and workmanship and free from all defects in workmanship, manufacture, material or design. All warranties shall run to Buyer and its customers, and shall not be deemed to exclude other rights and remedies of Buyer under law, equity or this Purchase Order. All articles and material are subject to Buyer’s inspection and acceptance without time restrictions. If specifications, warranties or other requirements under this Purchase Order are not met, the non-conforming articles or material may be returned at the Seller’s expense for a full refund, and in the case of non-conforming services, at Buyer’s option and without limiting Buyer’s other rights and remedies under law, equity or this Purchase Order, shall be re-performed at Seller’s expense. Payment shall not constitute an acceptance of non-conforming articles, material or services nor impair Buyer’s right to inspect the same or any of Buyer’s rights and remedies.
Acceptance and Warranty. 6.1. Receipt of a License File (hereinafter: the Receipt) by LICENSEE implies acceptance of the related Program at the date of Receipt, unless LICENSEE refuses acceptance in a well-founded way in writing within 14 days after Receipt date, or unless the Parties agreed in writing upon a specific acceptance procedure.
6.2. NOESIS warrants that the Product will conform in all material respects to the documentation supplied by NOESIS and in effect at the time of delivery for a limited warranty period. The duration of this warranty period will be specified by the NOESIS Distribution Network in the applicable quotation and/or confirmed in the applicable order acceptance.
6.3. During the warranty period, NOESIS will, through the NOESIS Distribution Network, in the event of a non-conformity which is reproducible by NOESIS, and of which NOESIS is duly notified in writing by LICENSEE: use its best efforts to either supply avoidance procedures or corrections to the non-conformity, at no additional charge, or to replace the licensed Product, all together referred to as the “Warranty”
6.4. Warranty will however not apply for defects resulting from improper use, installation misuse, neglect, accident, fire or other hazard, from any breach of this Agreement by LICENSEE or from unauthorized alterations, modifications or enhancements to the Program.
6.5. Under no circumstances does NOESIS represent or warrant that all Program errors can or will be remedied. CORRECTION OF ERRORS IS LICENSEE’S SOLE REMEDY. NOESIS DOES NOT WARRANT THAT OPERATION OF THE PROGRAM WILL BE ERROR-FREE, SECURE OR UNINTERRUPTED, AND HEREBY DISCLAIMS ALL LIABILITY ON ACCOUNT THEREOF. In the event the defect is created, introduced, or caused by any party other than the NOESIS Distribution Network, due to LICENSEE’s attempt to fix the Program, or due to the installation of the Program on other than approved Computers, LICENSEE agrees to pay for the NOESIS Distribution Network’s services on a time and materials basis at then-current rates plus any reasonable out-of-pocket expenses.
6.6. Error correction periods do not extend the warranty period. For Programs licensed under Lease License model, error correction periods do not extend the License duration.
6.7. EXCEPT FOR THE EXPRESS WARRANTIES STATED ABOVE, NOESIS DISCLAIMS ALL WARRANTIES ON THE PROGRAM(S) FURNISHED UNDER THE SCOPE OF THIS AGREEMENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS. THE STATED EXPRESS WARRANTIES ARE IN LI...
Acceptance and Warranty. 1. Party B assures compliance with the requirements of national and local laws and regulations on environmental protection, labor, occupational safety and health as well as mandatory certification in the process of product development, production and delivery.
2. Party A shall accept the products and related services with respect to product specifications, materials, functions, and technical indicators in accordance with the Contract within 15 working days upon completion of delivery by Party B.
3. If any the products and related services fail the acceptance by Party A under Section 1 of Article 8 hereof, Party B shall replace them with conforming products and services for Party A within the date agreed by both parties.
4. Warranty period: 12 months, starting from the date of acceptance. If within the warranty period, Party A disassembles the product without permission, Party B will no longer provide free repair or replacement services. Party A’s change of product installation location shall not constitute the disassembly of the product.
5. In case of any product quality defect within the warranty period, Party B shall repair or replace the defective products with conforming products for Party A at its own cost; also Party A reserves the right to hold Party B accountable for breach of contract and damages and the right to re-commence the product and service warranty period.
6. Should Party B fail to conduct such replacement for Party A within the agreed period, Party A shall be entitled to return the nonconforming products and services upon notice to Party B, and Party B shall retrieve these products within 10 working days from receipt of Party A's notice and refund payments for such products and services to Party A and pay to Party A the liquidated damages equivalent to 20% of the amount of the same.
7. During the cooperation period, Party B is obliged to cooperate with the quality improvement activities initiated by Party A on Party B's supply products such as special quality rectification and quality target enhancement, and Party B shall analyze the causes, implement countermeasures and confirm the effects thereof as required.
8. Party B shall be responsible for the product recall in case of failure of Party B’s products to comply with the national or industry standards in respect of personal and property safety or other unreasonable risks jeopardizing personal and property safety for design, manufacture, marking and other reasons in the same batch, mod...
Acceptance and Warranty. Portions redacted pursuant to a request for confidential treatment filed with the Securities and Exchange Commission
Acceptance and Warranty. A. Intel may inspect and test all Items at reasonable times before, during, and after manufacture. If any inspection or test is made on Marvell's premises, Marvell shall provide reasonable facilities and assistance for the safety and convenience of Intel's inspectors in such manner as shall not unreasonably hinder or delay Marvell's performance. All Items shall be received subject to Intel's inspection, testing, approval, and acceptance at Intel's premises notwithstanding any inspection or testing at Marvell's premises or any prior payment for such Items. Items rejected by Intel as not conforming to this Agreement or Item specifications, whether provided by Intel or furnished with the Item shall be subject to Marvell's RMA procedures.
B. Except as noted in this Section B, the warranty obligations of Intel and Marvell are as set forth in Section 6 of the main text of the Agreement, which such obligations the parties agree shall survive any delivery, inspection, acceptance, payment, or resale of the Items. Notwithstanding the foregoing, Marvell makes the following additional warranties:
(i) The Marvell Gb Phy and the Integrated Gigabit Phy as embodied in the Integrated Gb Silicon do not infringe any third party's intellectual property rights;
(ii) Marvell has the necessary right, title, and interest in and to the Marvell Gb Phy and the Integrated Gigabit Phy as embodied in the Integrated Gb Silicon to provide the Marvell Gb Phy and the Integrated Gigabit Phy as embodied in the Integrated Gb Silicon to Intel, and the Marvell Gb Phy and the Integrated Gigabit Phy as embodied in the Integrated Gb Silicon will be free of liens and encumbrances;
(iii) The Marvell Gb Phy and the Integrated Gigabit Phy as embodied in the Integrated Gb Silicon are new, and of the grade and quality specified in Exhibit D;
(iv) The Marvell Gb Phy and the Integrated Gigabit Phy as embodied in the Integrated Gb Silicon are free from defects in workmanship and material, conform to all samples, drawings, descriptions, and specifications furnished or published by Marvell, and conform to any other agreed-to specifications; and,
(v) The Marvell Gb Phy and the Integrated Gigabit Phy as embodied in the Integrated Gb Silicon conform to the manufacturing quality provisions set forth in Exhibit E;
