Customer’s Warranties. Customer represents and warrants that at all times during the term of this Agreement and any renewal thereof: (i) all representations and statements made by Customer in this Agreement, or in any other document relating hereto by Customer or on Customer’s behalf, are true, accurate and complete in all material respects; (ii) it is engaged in a lawful business and has all necessary rights and authorizations to sell and distribute its products and/or services; (iii) Customer will comply, at Customer’s own expense, with all laws, policies, guidelines, regulations, ordinances or rules applicable to Customer, this Agreement, End User data or the Transactions, including, without limitation:
(a) the Payment Network Rules; (b) the Payment Card Industry Data Security Standard (PCI DSS); (c) any regulatory body or agency having jurisdiction over the subject matter hereof; and (d) the Services Documentation.
Customer’s Warranties. Customer warrants that: (i) it has validly entered into this MSA and the associated schedules and has the legal power to do so; and (ii) its subscription for the Services is neither contingent upon the delivery of any future functionality or features nor dependent on any oral or written comments made by AlayaCare regarding any future functionality or features.
Customer’s Warranties. Customer warrants that it has validly entered into this Agreement and has the legal power to do so.
Customer’s Warranties. 3.1 The Customer warrants that:
(a) the Goods are fit for Carriage and have been suitably packaged for those purposes;
(b) the Customer has the authority of all Persons owning or having any interest in the Goods to enter into this agreement on their behalf;
(c) the details of description, nature, chemical composition, items, pallet space, quantity, weight, volume, quality, value and measurements supplied by the Customer or any other party are correct;
(d) there is a suitable practicable road and approach for the Carrier and the Carrier’s vehicles to the place from which the Goods are to be collected and the place to which the Goods are to be delivered;
(e) any place from which any Goods are to be collected or to which any Goods are to be delivered will have safe and adequate loading facilities and equipment available;
(f) where the Goods contain Regulated Waste, it will provide to the Carrier all necessary documentation required by law to allow the transport of the Goods by the Carrier;
(g) where required by law, it has accurately completed and supplied a container weight declaration form;
(h) it will comply with all laws and regulations in relation to Carriage of the Goods; and
(i) unless specifically declared in writing prior to Carriage, the Goods are not Dangerous Goods or Regulated Waste.
3.2 The Carrier relies on the details of description, nature, chemical composition, items, pallet space, quantity, weight, quality, value and measurements supplied by the Customer and the consignor, but does not admit their accuracy.
3.3 The Customer will indemnify the Carrier:
(a) in respect of any liability whatsoever in respect of the Goods to any Person (other than the Customer) who claims to have, who has, or who in the future may have any interest in the Goods or any part of the Goods; and
(b) against all losses, damages, expenses, claims, fines, duty, tax, demands, actions and proceedings or any other liability suffered or incurred by, or made or instituted against, the Carrier as a result, directly or indirectly, of:
(i) a breach of the Customer’s obligations under these conditions;
(ii) the nature or condition of the Goods; or
(iii) any negligence, wilful misconduct or recklessness of the Customer, the consignor or the consignee.
Customer’s Warranties. 27.1 The Customer warrants and represents:
(a) that it has read and understood these Terms and Conditions and that these Terms and Conditions impose binding and valid legal obligations on it;
(b) that any information supplied by or on behalf of the Customer to Xxxxxxx for the purpose of supplying Goods is, to the best of its knowledge, true and correct;
(c) that it has not relied on any oral or written representation or statement made by or on behalf of Xxxxxxx or any other party that is not expressly included in writing in an Agreement;
(d) except where the Customer informs Xxxxxxx otherwise, that any Goods are not being acquired for personal, domestic or household use or consumption;
(e) that it has made its own investigations as to whether any Goods are reasonably fit for any purpose for which they are supplied; and
(f) that the Customer is not insolvent or bankrupt.
Customer’s Warranties. Customer warrants that (i) Customer has validly entered into this Agreement and that Customer has the legal power to do so; (ii) Customer is the rightful owner and copyright holder of, or that Customer has obtained all necessary and appropriate rights and licenses for all Customer’s Data or data generated by Customer and its Authorized Users through the Cloud Services and for any Non-iGrafx Products and third party services Customer may use with the Cloud Services; and (iii) Customer will ensure compliance to the Agreement by the Authorized Users.
Customer’s Warranties. 17.1 The Customer warrants that:
(a) he, she or it has the power to enter into and observe all its obligations under the Agreement;
(b) all consents, qualifications and authorisations from all necessary or relevant parties (including but not limited to developers, building management corporations or building owners) government and other authorities for the performance by the Customer of his, her or its obligations hereunder have been duly obtained and are in full force and effect; and
(c) the execution, delivery and performance by the Customer of the Agreement have been duly authorised by all necessary corporate action and that the Agreement constitutes a valid and effective and legally binding contract and shall be enforceable against the Customer in accordance with the terms herein.
17.2 The Customer shall not use the Services and/or the Leased Equipment to cause embarrassment, distress, annoyance, irritation or nuisance to any person.
17.3 The Customer undertakes and agrees to inform REDtone immediately of any change of the Customer’s information provided in the Service Order Form and/or to REDtone for purposes related to and associated with the Services. The Customer’s failure to do so shall be a waiver of the Customer’s rights, including the rights to be notified under this agreement and shall constitute a breach of terms and conditions of this Agreement for which REDtone reserves the right to suspend, disconnect the Services or terminate this Agreement.
Customer’s Warranties. The Customer is responsible for and warrants their compliance with all applicable laws, rules, and regulations including but not limited to customs laws, hazardous materials laws, import and export laws and governmental regulation of any state and country to, from, through or over which the shipment may be carried. Customer further warrants that it is registered and in compliance with the security plan and training requirements, and any amendments related thereto, related to hazardous materials, including but not limited to, 49 C.F.R. #172.700-704 and 49 C.F.R. #172.800-804. Customer is obligated to inform Company at time of tendering if any shipments contain hazardous materials. Customer further warrants that it will immediately advise Company in the event that its registration and/or compliance with these regulations expires or are terminated. The Customer agrees to furnish such information and documentation as necessary to establish its compliance with such laws, rules and regulations. Customer acknowledges and agrees that rail carriers provide transportation services subject to provisions, restrictions, and limitations in their rail circulars, and the rail circulars address, among other matters, standards for loading, blocking and bracing, prohibitions, and restrictions on certain types of commodities, limitations of liability, procedures and limitations on cargo claims, and requirements for proper descriptions of commodities. The Company assumes no liability to the Customer or to any other person for any loss or expense due to the failure of the Customer to comply with the provisions of this section. Customer agrees to indemnify, defend, and hold Company harmless for any and all loss, liability, claim, damages, or suit arising from the provisions of this section.
Customer’s Warranties. 5.1 CUSTOMER warrants and undertakes that to its knowledge any Customer Background Data, Materials, Equipment and Product which NOVASEP is required by CUSTOMER to use, access or modify is legally licensed to CUSTOMER or is CUSTOMER’s own property, and that to its knowledge NOVASEP’s use of Customer Background Data, Equipment, Product and Materials for those activities performed in accordance with the terms of this Agreement will not infringe the rights (including without limitation the intellectual Property Rights) of any third parties.
5.2 CUSTOMER warrants and represents to NOVASEP that the nature of the Materials and Product delivered by or on behalf of CUSTOMER to NOVASEP will conform to all relevant legal requirements.
5.3 CUSTOMER warrants and represents to NOVASEP that the nature of the Materials and Product delivered by or on behalf of CUSTOMER to NOVASEP will, so far as if is aware, be free of hazardous or toxic material unless clearly specified for known hazardous materials such as cytostatic/cytotoxic materials, Material Safety Data Sheets and any specific safe material handling instructions applicable to the Materials and Product will be disclosed by CUSTOMER in advance to NOVASEP in writing and Included with shipments Before the beginning of the Work, CUSTOMER shall supply NOVASEP free of charge with copies of all safety information relating to the Materials and Product.
Customer’s Warranties. 7.1 Customer's Ongoing Warranties: The Customer provides the following ongoing warranties:
