Common use of Conditions and warranties Clause in Contracts

Conditions and warranties. (a) Seller covenants and warrants to Buyer that all Goods will: (i) be free from any defects in workmanship, material and design; (ii) conform to applicable specifications, drawings, designs, samples and other requirements specified by Buyer; (iii) be fit for their intended purpose and operate as intended; (iv) be merchantable; (v) be free and clear of all liens, security interests or other encumbrances; and (vi) not infringe or misappropriate any third party’s patent or other intellectual property rights. (b) Seller will not substitute any goods for the goods covered by this Purchase Order unless Buyer consents in writing. These warranties survive any delivery, inspection, acceptance or payment of or for the Goods by Buyer. (c) Seller warrants to Buyer that it shall perform the Services using personnel of required skill, experience and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet its obligations under this Agreement; and (d) the warranties set forth in this Section 10 are cumulative and in addition to any other warranty provided by law or equity. Any applicable statute of limitations runs from the date of Buyer’s discovery of the noncompliance of the Goods or Services with the foregoing conditions and warranties. If Buyer gives Seller notice of noncompliance pursuant to this Section, Seller shall, at its own cost and expense, promptly (i) replace or repair the defective or non-conforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective or non-conforming goods to Seller and the delivery of repaired or replacement Goods to Buyer, and, if applicable, (ii) repair or re-perform the applicable Services.

Conditions and warranties. (a) Seller covenants and warrants to Buyer that all Goods will: (i) be free from any defects in workmanship, material and design; (ii) conform to applicable specifications[, drawings, designs, samples and other requirements requirements] [specified by Buyer/set forth in Exhibit A]; (iii) be fit for their intended purpose and operate as intended; (iv) be merchantable; (v) be free and clear of all liens, security interests or other encumbrances; and (vi) not infringe or misappropriate any third party’s patent or other intellectual property rights. (b) Seller will not substitute any goods for the goods covered by this Purchase Order unless Buyer consents in writing. These warranties survive any delivery, inspection, acceptance or payment of or for the Goods by Buyer. (cb) Seller warrants to Buyer that it shall perform the Services using personnel of required skill, experience and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet its obligations under this Agreement; and (dc) the warranties set forth in this Section 10 are cumulative and in addition to any other warranty provided by law or equity. Any applicable statute of limitations runs from the date of Buyer’s discovery of the noncompliance of the Goods or Services with the foregoing conditions and warranties. If Buyer gives Seller notice of noncompliance pursuant to this Section, Seller shall, at its own cost and expense, promptly (i) replace or repair the defective or non-conforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective or non-conforming goods to Seller and the delivery of repaired or replacement Goods to Buyer, and, if applicable, (ii) repair or re-perform the applicable Services.

Conditions and warranties. (a) Seller covenants and warrants to Buyer that all Goods will: (i) be free from any defects in workmanship, material and design; (ii) conform to applicable specifications, drawings, designs, samples and other requirements specified by Buyer; (iii) be fit for their intended purpose and operate as intended; (iv) be merchantable; (v) be free and clear of all liens, security interests or other encumbrances; and (vi) not infringe or misappropriate any third party’s patent or other intellectual property rights. (b) Seller will not substitute any goods for the goods covered by this Purchase Order unless Buyer consents in writing. These warranties survive any delivery, inspection, acceptance or payment of or for the Goods by Buyer. (cb) Seller warrants to Buyer that it shall perform the Services using personnel of required skill, experience and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet its obligations under this Agreement; and (dc) the warranties set forth in this Section 10 are cumulative and in addition to any other warranty provided by law or equity. Any applicable statute of limitations runs from the date of Buyer’s discovery of the noncompliance of the Goods or Services with the foregoing conditions and warranties. If Buyer gives Seller notice of noncompliance pursuant to this Section, Seller shall, at its own cost and expense, promptly (i) replace or repair the defective or non-conforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective or non-conforming goods to Seller and the delivery of repaired or replacement Goods to Buyer, and, if applicable, (ii) repair or re-perform the applicable Services.

Conditions and warranties. (a) Seller covenants and warrants to Buyer that for a period of 24 months from the Delivery Date, all Goods will: (i) be free from any defects in workmanship, material material, and design; (ii) conform to the applicable specifications, drawings, designs, samples and other requirements specifications specified by Buyer; (iii) comply with all applicable laws and regulations; be fit for their intended purpose and operate as intended; (iv) be merchantable; (v) be free and clear of all liens, security interests interests, or other encumbrances; and (vi) not infringe or misappropriate any third party’s 's patent or other intellectual property rights. (b) Seller will not substitute any goods for the goods covered by this Purchase Order unless Buyer consents in writing. These warranties survive any delivery, inspection, acceptance acceptance, or payment of or for the Goods by Buyer.; (cb) Seller warrants to Buyer that it shall perform the Services using personnel of required skill, experience experience, and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services services, on a timely basis and shall devote adequate resources to meet its obligations under this Agreement; and (dc) the warranties set forth in this Section 10 11 are cumulative and in addition to any other warranty provided by law or equity. Any applicable statute of limitations runs from the date of Buyer’s Xxxxx's discovery of the noncompliance of the Goods or Services with the foregoing conditions and warranties. If Buyer gives Seller notice of noncompliance pursuant to this Section, Seller shall, at its own cost and expense, promptly (i) replace or repair the defective or non-conforming Goods and pay for all related expenses, including, but not limited to, including transportation charges for the return of the defective or non-conforming goods to Seller and the delivery of repaired or replacement Goods to Buyer, and, if applicable, (ii) repair or re-perform the applicable Services.