Defect Warranty. That all Project Hardware furnished by Contractor (and any of the Subcontractors) shall:
(a) be free from defects in material and workmanship;
(b) be new and unused (when installed) unless the Parties agree otherwise in advance and in writing;
(c) be of good quality and good condition (when installed); and
(d) conform to the applicable requirements of the Statement of Work (collectively, the “Defect Warranty”).
Defect Warranty. Contractor warrants to Owner:
Defect Warranty. Seller warrants that from [*] months following the date of Seller’s shipment of products (the “Warranty Period”) all products (excluding the EZchip Deliverables) to be delivered hereunder shall be free from defects in material and workmanship and that no errors caused by Seller or its subcontractors, or other third parties furnished by Seller will cause the products to fail or to non-conform to the Specifications, subject to the conditions and procedures stated herein, except that in the case of Epidemic Failure the term shall be extended to [*] months following the date of Seller shipment.
1. Buyer shall promptly notify Seller’s Authorized Agent in writing of any alleged breach of warranty and return for warranty adjustment such products. Any products so returned shall be shipped to Seller at Buyer's expense. To the extent that such products are found by Seller to be defective, Seller shall reimburse Buyer for such delivery charges and pay delivery charges of repaired or replacement products to the Buyer.
2. Upon receipt of the returned products, Seller will examine such products to determine to its own reasonable satisfaction that the alleged defect did not arise as a result of Buyer's (or parties furnished by buyer) abuse, misuse, neglect, tampering, unauthorized or improper use or installation, disassembly, repair, alteration, or accident, all of which are not covered by any of the warranties set forth herein.
3. If Seller finds that products are defective, Seller shall immediately issue a notice to Buyer advising of same and the action it shall take in accordance with Section 13B. Seller shall promptly and as soon as practicable, make the necessary repairs (if applicable), replace the products, or provide Buyer with a credit of the purchase price, of any non-conforming products. * This portion of the Exhibit has been omitted pursuant to a Request for Confidential Treatment under Rule 24b-2 of the Securities Exchange Act of 1934. The complete Exhibit, including the portions for which confidential treatment has been requested, has been filed separately with the Securities and Exchange Commission.
4. Seller will promptly notify Buyer in the event the products are not subject to warranty adjustment. Unless instructions as to the disposition of such products not subject to warranty adjustment are received from Buyer within fourteen (14) calendar days of such notification, the products will be returned to Buyer, freight collect; and
5. Seller's products are...
Defect Warranty. That a Block, all Facility Equipment furnished by Contractor and any of the Subcontractors and other Work, including installation shall, upon the Block Substantial Completion Date for such Block: (i) be free from defects in materials, construction, fabrication and workmanship; (ii) be new and unused (except for use as part of the Facility); (iii) be of good quality and in good condition and (iv) conform to the applicable requirements of the Scope of Work in effect as of (x) prior to the Facility Substantial Completion Date, the applicable Block Substantial Completion Date and (y) after the Facility Substantial Completion Date, the Facility Substantial Completion Date (collectively, the “Defect Warranty”). For the avoidance of doubt, the Defect Warranty shall not include the Modules, defects of which are covered by the Module Warranty.
Defect Warranty. Cott warrants that the Service will perform as intended. Should Customer identify a deficiency, Customer shall give Cott prompt notice. If Cott determines that the Service is not performing as intended, Cott will remedy the deficiency. Cott will be afforded a commercially reasonable period of time to remedy the error and will not be considered in breach if Cott commences to cure, and diligently proceeds towards the remedy of, the deficiency within such period. The foregoing are Customer’s sole and exclusive remedies for breach of this warranty. This warranty is expressly contingent upon proper use and application of the Service at all times by Customer. The warranty does not apply if malfunctions or errors are caused by defects in Customer’s associated equipment, non-Cott software, networks, or a deficiency in Customer’s internet link.
Defect Warranty. That the Facility, all Facility Equipment furnished by Contractor and any of the Subcontractors and other Work, including installation, shall, upon the Substantial Completion Date: (i) be free from defects in materials, construction, fabrication and workmanship; (ii) be new and unused (except for use as part of the Facility); (iii) be of good quality and in good condition and (iv) conform to the applicable requirements of the Scope of Work in effect as of the Substantial Completion Date (collectively, the “Defect Warranty”).
Defect Warranty. 4.1. The supplier will give an assurance that the goods supplied by him are free of defects and have the assured characteristics and conform to our requirements, which are an essential component of the contract. The supplier must in all circumstances be accountable for sub-supplies and services which he has procured even if he is not at fault. The above applies in particular to defects.
4.2. We are deemed to have submitted a formal complaint about defects in due time if it is made within 5 working days of goods reception or, in the case of concealed defects, from the time of discovery.
4.3. If the purchased goods are defective and the supplier is accountable, we are entitled, at our discretion, to demand correction of the defect or delivery of a replacement, for which the supplier will bear the costs. Any improvement work which does not succeed at the first attempt is deemed to have failed.
4.4. We expressly reserve the right to claim damages, particularly to damages in lieu of performance.
4.5. All replacement supplies or repairs also fall under the defect warranty set out in these General Terms and Conditions of Purchase.
4.6. The supplier gives an assurance that the performance of individual purchase contracts will not give rise to illegalities, particularly with regard to compliance with laws, regulations or other provisions of any official body. In addition, the supplier gives an assurance that he has full title to all objects governed by the purchase contracts and that there are no conflicting rights of third parties (such as pledges, other creditor items arising from assignment of receivables or other credit securities, sale of receivables, lease-purchase agreement, conditional sale etc.).
4.7. Where the supplier is accountable for a product defect, he is obliged to indemnify us against all claims of third parties for damages at the first time of asking and to reimburse all costs connected with product liability.
Defect Warranty. This warranty states that United Weavers Luxury Vinyl flooring will be free from manufacturer or material defects for the term stated above. Should a problem attributable as a manufacturer defect develop after the flooring is installed, the manufacturer will verify the validity of the manufacturer defect. Upon determination of a manufacturer defect, the manufacturer will authorize a credit based on the original purchase price of the product to the distributor/dealer which will be good toward the purchase of replacement flooring. When a defective product is installed, credit only applies to the material, and does not include labor since it is the responsibility of the purchaser/installer to determine suitability of material prior to installation. The manufacturer warrants that United Weavers Luxury Vinyl flooring will be free from manufacturing defects for a period of 1 year from the original date of purchase. If such defect occurs, upon verification of the defect by the manufacturer, repair or replacement of the affected area of installed flooring will be authorized by the manufacturer according to the terms stated above.
Defect Warranty. Seller shall remain liable to Buyer for any claims made by Tenant for the correction of any defects in any materials or workmanship with the Initial Improvements (as defined in the Lease) solely pursuant to Sections 10(f) and (g) of the Lease to the extent any such claim is not covered by the express terms of the warranties assigned by Seller to Buyer pursuant to the terms hereof. Seller’s obligations pursuant to this Section 7.3 shall survive Closing and shall not be subject to the other provisions and limitations of Section 10.6 below.
Defect Warranty. If RMI becomes aware of errors in the Software Deliverables that prohibit their use, RMI will make commercially reasonable efforts to correct such errors in a timely manner. An error shall mean any error, problem, or defect resulting from (1) an incorrect functioning of Code, or (2) an incorrect or incomplete statement of diagram in Documentation, if such an error, problem, or defect renders the Software Deliverables inoperable, causes the Software Deliverables to fail to meet the specifications thereof, causes the Documentation to be inaccurate or incomplete in any material respect, causes incorrect results, or causes incorrect functions to occur when any such materials are used. 14.2. Representations and Warranties of Veritel.
