Components Warranty Clause Samples

Components Warranty. 15.1 During the applicable Warranty Period (as defined below), Provider warrants that the Components supplied under this Contract conform in all respects to the requirements of the Contract, are compatible for the type of hydro power plant in which they will be used, and are free from any defects. 15.2 The Components warranty, set out in Clause 15.1, is provided in addition to any other warranty specified in the Contract or provided under applicable law. 15.3 If, after acceptance of a Component pursuant to Clause 13, Company finds a non-conformity or defect in any Component, Company may notify Provider of such non-conformity or defect. Where Components are non-conforming or defective, and provided that Company notifies Provider of such non-conformity or defect within 24 months from the delivery date of that Component (the “Warranty Period”), Provider shall, immediately, at its sole cost, replace or repair, in Site or in his factory, the Component. For the avoidance of doubt, the delivery time of the conforming or non-defective Component must be counted from the date of Company’s notice of the non-conformity or defect, and Liquidated Damages shall apply in case of delays. 15.4 Company shall make available the non-conforming or defective Component at its facility for the Provider to collect it, at Provider’s own and sole expense, upon delivery of the conforming and non-defective Component. 15.5 The Provider shall be liable for all damages caused to Company’s facility as a result of the Company’s use of non-conforming or defective Components. Company reserves the right to claim from the Provider any reasonable and documented higher charges incurred, due to the default of the Provider.

Components Warranty. Kenmec will pass on to OJO all suppliers’ warranties and indemnities to the extent that they are transferable. Kenmec agrees to use Commercially Reasonable Efforts (a) to ensure that all warranties and indemnities from suppliers are transferable to OJO and (b) to obtain a warranty and indemnity with respect to each Component used in a Product that such Component does not violate or infringe any Intellectual Property of any Person.

Components Warranty. To the extent Jabil is permitted to do so under applicable third party agreements, with respect to defects in Components, Jabil’s sole and exclusive obligation will be to pass on to Company all warranties from Component suppliers to the extent that they are transferable. Jabil shall use Commercially Reasonable Efforts to ensure that all Assigned Components used in the Product are procured from suppliers on the AVL, unless otherwise agreed to by the Parties in writing. If Jabil incurs any cost in assisting Company at Company’s request in pursuing and/or utilizing on Company’s behalf any transferable supplier warranty (including any analysis associated therewith), Jabil shall notify Company in writing in advance of incurring such costs and Company shall reimburse Jabil accordingly for any such approved cost.

Components Warranty. Not Applicable

Components Warranty. Flextronics will endeavor to pass on to Agilent all Component Suppliers' warranties to the extent that they are transferable. Flextronics agrees to ensure that all Components used in the Product are manufactured by suppliers on Agilent's AVL unless otherwise agreed. Flextronics shall specifically endeavor to obtain and pass through to Agilent the following warranties with regard to the Materials (other than the Production Materials) including but not limited to: (i) conformance of the Materials with the vendor's specifications and/or with the Specifications; (ii) that the Materials will be free from defects in workmanship; (iii) that the Materials will comply with environmental regulations as referred to in section 1.1.5; and (iv) that the Materials will not infringe the intellectual property rights of third parties.

Components Warranty. To the extent Jabil is permitted to do so under applicable third party agreements, with respect to defects in Components, Jabil’s sole and exclusive obligation will be to pass on to Company all warranties from Component suppliers to the extent that they are transferable. Jabil shall use Commercially Reasonable Efforts to ensure that all Assigned Components used in the Product are procured from suppliers on the AVL, unless otherwise agreed to by the Parties in writing. If Jabil incurs any cost in assisting Company at Company’s request in pursuing and/or utilizing on Company’s behalf any transferable supplier warranty (including any analysis associated therewith), Jabil shall notify Company in writing in advance of incurring such costs and Company shall reimburse Jabil accordingly for any such approved cost. 5.3 Survival of Warranty. Product warranties will survive any inspection, delivery, acceptance or payment by Company and be in effect for a period of [*] from the date a Product is initially delivered to Company or to Company’s designated carrier (such period, the “Warranty Period”). Portions of this Exhibit were omitted and have been filed separately with the Secretary of the Commission pursuant to the Company’s application requesting confidential treatment under Rule 24b-2 of the Exchange Act — [*] denotes omissions.