Consultant Warranty. Consultant shall perform the obligations described herein in a good and workmanlike manner with due diligence and in full compliance with the terms and conditions of this Agreement and all mutually agreed to specifications, statements of work, and acceptance criteria. Consultant, at its expense, shall use reasonable efforts to correct any Services or Work Product performed by or delivered by Consultant that do not conform to the foregoing warranty.
Consultant Warranty. By making a Payment Claim, the Consultant warrants to the Client that:
(a) the Consultant has completed the Services which are the subject of the Payment Claim;
(b) there are no defects known to the Consultant in the Services which are the subject of the Payment Claim at the time the Payment Claim was submitted;
(c) any remuneration and other amounts payable by the Consultant to any of its Personnel by Law or under an industrial instrument in respect of the Services have been paid;
(d) its subcontractors have been paid all amounts due and payable to them for services performed or material supplied by them in respect of the Services which was the subject of the Payment Claim;
(e) the Consultant has, unless there are lawful or reasonable grounds for not so doing, complied with all of the obligations imposed on the Consultant by any subcontract in relation to the Services; and
(f) subject to any Claims that may have arisen within the 14-day period prior to the Payment Claim, the Consultant is not aware of any Claim against the Client which is not identified in the Payment Claim or in an earlier Payment Claim or notice of which has not been previously given to the Client.
Consultant Warranty. Consultant represents and warrants that: (i) the Services will be conducted, to the best of his ability, with due diligence in a timely manner; (ii) he has the necessary rights and authority to execute and deliver this agreement and perform its obligations hereunder; (iii) he shall comply with all applicable laws in the course of performing the Services; (iv) neither this agreement nor Consultant’s performance under this agreement will place Consultant in breach of any other contract or obligation and will not violate the rights of any third party.
Consultant Warranty. Consultant warrants that (a) the Consulting Services will be performed in a professional and workmanlike manner, in accordance with generally accepted industry standards; (b) in the event that the Consulting Services include the work of independent contractors, Consultant shall have secure agreements from such contractors granting all necessary rights, title, and interest in and to the final deliverable sufficient for Consultant to grant the intellectual property rights provided in this Agreement; and (c) that Consultant has no agreements, relationships, or commitments to any other person or entity that conflict with the provisions of this Agreement, Consultant’s obligations to the Client under this Agreement, and/or Consultant’s ability to perform the Services.
Consultant Warranty. Time is of the essence hereunder. Consultant warrants that the Consulting Services will be performed with reasonable care in a diligent manner and in accordance with the specifications provided by the Company to Consultant.
Consultant Warranty. Contractor warrants that it shall perform the Services set forth herein in a timely and professional manner using competent personnel having expertise suitable to their assignments. Contractor warrants that such Services shall conform to or exceed, in all material respects, the specifications described herein and in the applicable SOW, as well as the standards generally observed in the industry for similar services. Services and Work Product supplied hereunder shall be free of defects in workmanship, design and material, and shall not infringe the intellectual property rights of any third party.
Consultant Warranty. The Consultant warrants that the Services will:
(a) be completed in accordance with this document including clause 3;
(b) match the description of the Services as set out in this document;
(c) be performed by appropriately qualified and trained Personnel;
(d) be performed to Good Industry Practice;
(e) be undertaken for the purpose or purposes:
(i) described in this document;
(ii) informed to the Consultant by MBI; and
(iii) for which these types of Services are commonly provided, and the Consultant further warrants that:
(f) without limiting this document including clause 1A, Key Personnel will be involved at all times in the performance of the Services and will not be removed or replaced by the Consultant except as provided for in clause 6.2; and
(g) the Services (including all Deliverables) and other things required to be prepared and procured by the Consultant as part of the Services will be Fit for Purpose.
Consultant Warranty. Consultant represents and warrants to UConn that: (i) it has the power and authority to enter into, and perform its obligations under, this Agreement; (ii) its performance of its obligations under this Agreement will not breach or conflict with any agreement or obligation to any third party; (iii) it has the right to grant the rights in the Work Product to UConn as provided in this Agreement (except for Restricted Materials to which UConn has consented as provided in Section 2(b)) ;
Consultant Warranty. Consultant represents and warrants to Client that, to the best of Consultant’s knowledge, the Final Works (excluding Client Content and Third-Party Materials), and their use in connection with the Project, will not violate the rights of any third parties. Consultant will not conduct an intellectual property clearance search (such as a copyright, trademark, or patent search). If Client or a third party authorized by Client modifies or uses the Deliverables outside the scope of or in violation of this Agreement, all representations and warranties of Consultant shall be void. Except for the express representations and warranties in this Agreement, Consultant makes no warranties about, for example, merchantability or fitness for a particular purpose or compliance with laws, rules, or regulations applicable to the Project. January 2022
Consultant Warranty. Consultant represents and warrants that: (a) the Services shall be completed in a professional, workmanlike manner; and (b) the Services shall be completed in accordance with applicable specifications and SOWs. Subject to the provisions of Section 9, above, regarding indemnification, BigCo’s sole remedy and Consultant’s sole obligation in the event of a breach of the warranty contained herein is, at Consultant’s option: (i) to re-perform the Services or (ii) to refund the amounts paid by BigCo for the Services which were not as warranted, provided Consultant has received notice from BigCo within thirty (30) days of the completion of the Services which BigCo alleges were not performed consistent with such warranty. If the Services, as so re-performed, are still unacceptable to BigCo, BigCo shall notify Consultant within thirty (30) days of such re-performance and shall be entitled to a refund of all amounts previously paid by BigCo to Consultant with respect to such unacceptable Services, or shall not be charged for or obligated to pay any amounts for such unacceptable Services. CONSULTANT DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, AND WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE.
