Buyer Warranties. The Buyer gives the Buyer Warranties in favour of the Seller on the date of this agreement and the Buyer Warranties will be deemed to be repeated immediately before Completion.
Buyer Warranties. 38.1 The Buyer represents and warrants that:
(a) it has full power and capacity to enter into this Contract;
(b) it has the financial capacity to perform its obligations;
(c) it does not require the consent of any third party to this Contract or to perform its obligations;
(d) they are aware of the rights given to purchasers by sections 217-219 (inclusive)of the Act ;
(e) that any alteration, variation or matter referred to in clause 13 of this Contract will not materially prejudice their position and the Buyer agrees to be bound by any such matters or alterations;
(f) it has not relied on or been induced to enter into this Contract by any representation or warranty made by the Seller, a consultant of the Seller, an agent of the Seller or any other person other than as expressly set out in this Contract;
(g) it has relied on its own independent investigations and enquiries about the Scheme, the development and the Lot in entering into this Contract;
(h) it has had the opportunity to obtain independent legal, financial, taxation and accounting advice in relation to the Lot and this Contract; and
(i) the Buyer was not introduced to the lot by any person other than the Agent.
38.2 The Buyer agrees that information in brochures, models or other material of any description in connection with the sale of the Lot are indicative only and are not to be relied on or if relied on, the Buyer acknowledges that it elects to do so at its own risk and with full understanding that the Lot and Scheme may vary from the information in those items as represented in any of them, in accordance with the terms of this Contract. Where there is any inconsistency between plans, the sizes, dimensions and measurements on the draft survey plan contained in the Disclosure Statement (as amended from time to time) prevails.
38.3 The Buyer acknowledges and agrees that it has had the opportunity, prior to signing this Contract, to obtain an independent valuation in relation to the Lot and that no representations or warranties about the likely value of the lot at completion has been made by the Seller, a consultant of the Seller, an agent of the Seller.
38.4 The Buyer acknowledges and agrees that it had the opportunity to investigate the Land and the financial viability and/or performance of any investment in the Lot prior to signing this Contract and during the statutory 5 day cooling off period.
Buyer Warranties. The Buyer represents and warrants to the Seller that each Buyer Warranty is true, accurate and not misleading as of the date of this Agreement.
Buyer Warranties. The Buyer represents and warrants to the Seller as on the Signature Date and on each day thereafter during the Term, as follows:
22.2.1 it is duly incorporated under the laws of South Africa and has the right, power and authority to enter into this Agreement and to perform its obligations hereunder; and
22.2.2 the execution and performance of this Agreement by it has been duly authorised by all necessary corporate action, and its obligations hereunder constitute valid, binding and enforceable obligations.
Buyer Warranties. The Buyer warrants to BTP that:
(a) it is validly existing under the Laws of its place of incorporation or registration;
(b) it has the power to enter into and perform its obligations under the Agreement and to carry out the transactions contemplated by the Agreement;
(c) it is able to pay its debts as and when they are due and payable and no Products are liable to a claim by a trustee in bankruptcy or a liquidator;
(d) it acknowledges and agrees that:
(i) BTP has not supplied any sample of the Products to the Buyer and if the Buyer sells the Products to any person by reference to a sample, that sample has not been supplied to that person by BTP; and
(ii) any sale by reference to a sample by the Buyer to any person (including any ‘consumer’ within the meaning of the Competition and Consumer Xxx 0000 (Cth)) is not referable to the sale or supply of the Products by BTP to the Buyer under this Agreement;
(e) in entering into the Agreement, the Buyer does not rely on any statement, representation, warranty, condition, forecast or other conduct which may have been made by or on behalf of BTP, except as set out in clause 15;
(f) it has independently and without the benefit of any inducement, representation or warranty (other than as set out in clause 15) from BTP or its agent determined to enter into the Agreement;
(g) the disclosures made before the parties entered into the Agreement regarding the Products are accepted by the Buyer and neither BTP nor any of its representatives has made or makes any representation or warranty as to the accuracy or completeness of those disclosures or that information; and
(h) it acknowledges and accepts that neither BTP nor any of its representatives is liable to the Buyer:
(i) for any duty of care in relation to the Buyer in respect of any disclosure or the provision of any information referred to in clause 14(e); or
(ii) if, for whatever reason, any such information is or becomes inaccurate, incomplete or misleading in any particular way. 15 BTP Warranties BTP warrants to the Buyer that:
(a) it has and will have the right to sell and transfer title to and property in the Products to the Buyer;
(b) it is able to pay its debts as and when they are due and payable and no Products are liable to a claim by a trustee in bankruptcy or a liquidator;
(c) it is validly existing under the Laws of its place of incorporation or registration; and
(d) it has the power to enter into and perform its obligations under this Agreement and to car...
Buyer Warranties. The Buyer represents and warrants to the Seller as on the Signature Date and on each day thereafter during the Term, as follows:
33.2.1 it is an organ of state and has the right, power and authority to enter into this Agreement and to perform its obligations hereunder; and
33.2.2 the execution and performance of this Agreement by it has been duly authorised by all necessary corporate action, and its obligations hereunder constitute valid, binding and enforceable obligations.
Buyer Warranties. Regarding claims from persons other than Seller, Buyer, at its sole expense, will indemnify, defend, and hold Seller and its affiliates, successors, assigns, officers, directors, employees and agents harmless from and against any claim, demand, proceeding, or action for damages, liability, loss, cost, or expense, including amounts paid in settlement and attorneys’ fees and court costs, arising out of, in connection with or based upon, the warranties and/or remedies offered by Buyer that are different than those contained in Seller’s warranty regarding the goods.
Buyer Warranties. Buyer hereby represents and warrants to Seller as follows:
Buyer Warranties. Buyer covenants, represents, and warrants to Seller the following:
a) That it has reviewed the Special Restrictions and the Rules and Regulations;
b) That, to the best of its knowledge, it is, or will be prior to Closing, a “Local Business” as set forth in the Special Restrictions and Rules and Regulations and permitted to own the Unit;
c) Buyer will work in good faith with the Housing Department to provide all of the documentation required by the Housing Department to verify Buyer’s “Local Business” status and ability to own the Unit, and that all information provided by Buyer to the Housing Department will be true and correct;
d) Buyer has been advised by Seller to consult with Buyer’s legal counsel and other advisors to investigate all matters pertaining to the Unit before executing this Contract and purchasing the Unit; and
e) Except as explicitly set forth herein, Buyer has not relied on the representations of Seller, nor any representatives or affiliate of Seller, in deciding to purchase the Unit. Buyer agrees to indemnify, defend, protect and hold Seller, its members, managers, officers and agents harmless from and against any actions, threats, claims, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or in connection with any breach by Buyer of any covenant, representation, or warranty by Buyer in this Section. The covenants, representations, and warranties contained in this section shall survive Closing and the delivery and recordation of the warranty deed to Buyer for a period of 1 year.
Buyer Warranties. For Buyer furnished materials, design and/or specifications for the Products, Buyer represents and warrants that (i) it has all intellectual property rights necessary or appropriate for the contemplated use of all designs, materials, parts and components that Buyer supplies to Mountain, (ii) it has conducted such testing as it has felt necessary and prudent to ensure that the Products to be produced from the materials and Specifications will fulfill their intended purposes, and (iii) all materials furnished by Buyer will be of suitable quality to facilitate efficient production of the Products. Buyer is solely responsible for undertaking its own clinical tests and other studies to determine the safety and efficacy of the Products and their appropriateness for use in their specific medical application, and shall make its own independent evaluation and judgment of said clinical tests and studies concerning the safety and efficacy of the Products. Buyer is solely responsible for establishing that the Products are suitable for the intended use in the Buyer’s finished medical device and for obtaining any regulatory approvals required in the markets in which the Buyer’s medical device will be sold or used, including without limitation: (a) ensuring that the product meets relevant biocompatibility requirements and is otherwise safe for the intended end-use; (b) functions as intended by the device manufacturer; (c) is suitable for the intended end-use; and (d) complies with all applicable regulatory requirements for the jurisdiction in which it is placed on the market, including without limitation, the U.S. Food and Drug Administration. 5. MOUNTAIN LIMITED WARRANTY, DISCLAIMER OF WARRANTY AND LIMITATION OF DAMAGES FOR BREACH OF WARRANTY.
