DEFECTS AND WARRANTY. 8.1 In the execution and provision of the Supply, including any manufactured, designed or provided Goods, you warrant to us that:
(a) any materials used are of merchantable quality, new and manufactured in a good workmanlike manner in accordance with any specification;
(b) such Goods will conform to its description, function, output or operation;
(c) such Goods are free from liens, charges, encumbrances or other defects in title;
(d) the Supply complies with all applicable laws, regulations, standards and requirements of any authority;
(e) the Supply is free from defects in design, material and quality and fit for the intended purpose to meet any required output, function or operation; and
(f) you have made independent assessments of any specifications, drawings or designs provided to you by us or any third party related or unrelated to us in relation to the Supply.
8.2 No reliance on any information, representation, document, procedure or other such information provided to you, written, verbal or otherwise, shall reduce your liability to us for the failure or defect of any Goods, equipment or product in connection with the Supply to perform or meetthe function or output required.
8.3 The warranties required of you under clause 8 are in addition to any statutory warranties applying to the Supply or Goods.
DEFECTS AND WARRANTY. 3.4.1 The Supplier warrants that the Goods:
(a) unless otherwise agreed with the Customer, shall be new;
(b) are free from liens, charges, encumbrances, mortgages or other defects in title;
(c) are prepared or manufactured with due care and skill and using high quality materials, techniques and standards and in accordance with all applicable laws;
(d) are fit for the stated purpose or purposes reasonably inferred from this Agreement or the Purchase Order;
(e) comply in all material respects with the specifications or product description for the Goods published by the Supplier from time to time or otherwise agreed with the Customer and specified in the Purchase Order. If no specifications have been published or agreed, the Goods shall be of the best quality appropriate for their intended purpose.
3.4.2 The Supplier warrants that the Services shall conform:
(a) to the conditions and specifications of the Purchase Order;
(b) to all applicable laws and regulations to which the Services are subject; and
(c) with any performance standard specified in the Purchase Order (or included in related specifications or drawings agreed with the Customer).
3.4.3 The Supplier warrants that it will comply with any of the Customers policies notified by the Customer to the Supplier from time to time, including without limitation any of the Customer’s privacy or occupational health and safety policies (including drug and alcohol policies).
3.4.4 The warranties noted in this clause 3.6 are in addition to any statutory warranties applicable to the Services and/or Goods.
3.4.5 During the Warranty Period, the Customer may give written notice to the Supplier of any failure or defect in the Services and/or Goods. The Supplier must without delay and at no cost to the Customer:
(a) correct any defect in the Services covered by the warranty, by way of re-performance of the Services in a manner acceptable to the Customer; or
(b) correct any defect or failure in the Goods covered by the warranty, by way of repair, replacement, modification or other means acceptable to the Customer.
3.4.6 If the Supplier fails to correct any defects and failures, of which it has been notified by the Customer, within the time specified in the notice (which must not be less than two (2) Business Days), the Customer will have the right to rectify the Services and/or Goods itself or have the rectification undertaken by a third party at the Supplier’s cost.
3.4.7 Where the Supplier is not the original equipment...
DEFECTS AND WARRANTY. (a) The Supplier must at its expense rectify any defect in the Goods or reperform any defective Services occurring within the warranty period for the Goods and the Services (fair wear and tear excepted), which period shall be at least 12 months from their date of delivery unless a greater period has been stipulated by the Supplier in writing, in which event, the greater period shall apply.
(b) If the Goods fail for any reason other than fair wear and tear within the warranty period, the Supplier shall either replace the Goods at no cost to the Company or, if the Goods cannot be replaced, refund all amounts paid by the Company for the Goods.
(c) The Company must advise the Supplier of any defect in or damage to the Equipment and the Supplier must:
(i) repair the defective or damaged Equipment;
(ii) supply to the Company an appropriate replacement for the Equipment while it is being repaired, if requested to do so; and
(iii) if necessary, transport the Equipment from the Site to the Supplier's premises for repairs and re-deliver the repaired or replacement Equipment.
(d) If emergency repairs to the Equipment are required and the Supplier fails to undertake such repairs within a reasonable time of the Company’s request to do so, the Company may cost carry out, or procure the carrying out of, such emergency repairs without invalidating any warranty given by the Supplier.
(e) The Supplier is liable for all costs associated with repair of defective or damaged Equipment unless the defect or damage is the direct result of the negligent or deliberate misuse of the Equipment by the Company or its personnel.
DEFECTS AND WARRANTY. 15.1 FDT shall render its Services in accordance with the service levels defined, if any, or any specifications defined in the relevant Individual TSA and the Services shall be free of defects of priority 1, 2 and 3. Services rendered by FDT or its subcontractors not complying with the aforementioned standards shall be deemed “Defects”.
15.2 In the event of Defects of an agreed product or works that shall be supplied, FME’s claims shall expire twenty-four months after delivery of the respective product or works. FME shall notify FDT of any Defects immediately upon delivery, or in case of hidden Non-Conformities upon discovery, at the latest within 10 business days.
15.3 FDT shall have opportunity to cure all Defects at no additional charge and within reasonable time. FDT may choose to remedy by repair or redelivery within its discretion. FDT shall have two attempts to remedy a Defects. If FDT fails to cure before an appropriate deadline set by FME expires FME may appropriately reduce the price. If said Defect that has not been remedied by FDT does not affect economically reasonable uses of the remaining parts of services or goods which FDT has delivered or shall deliver and FME makes such use thereof, FME’s rights shall be limited to the defect service or part of FDT’s performance. Save for the provisions in Clause 9 (Term and Termination) of the Master TSA as incorporated into Individual TSA FME shall have no right to terminate the relevant Individual TSA due to a Defect.
15.4 Unless otherwise agreed between the Parties in this Clause 15 (Defects and Warranty) of this Master Schedule 4 (FDT IT Services) any Defects shall be regulated by the relevant warranty provisions defined by statutory law, as applicable to the Service.
DEFECTS AND WARRANTY. 8.1 In the execution and provision of the Supply, including any manufactured, designed or provided Goods, you warrant to us that:
(a) Any materials used are new and made in accordance with any specification and quality.
(b) Such Goods will conform to its description, function, output or operation.
(c) The Supply complies with all applicable laws, regulations, standards and requirements of any authority.
(d) The Supply is free from defects in design, material and quality and fit for the intended purpose to meet any required output, function or operation.
(e) You have made independent assessments of any specifications, drawings or designs provided to you by us or any third party related or unrelated to us in relation to the Supply.
8.2 No reliance on any information, representation, document, procedure or other such information provided to you, written, verbal or otherwise, shall reduce your liability to us for the failure or defect of any Goods, equipment or product in connection with the Supply to perform or meet the function or output required.
8.3 The warranties required of you under clause 8 are in addition to any statutory warranties applying to the Supply or Goods.
DEFECTS AND WARRANTY. In the execution and provision of the Supply, including any manufactured, designed or provided Goods, you warrant to us that:
8.1 Any materials used are new and made in accordance with any specification and quality.
8.2 Such Goods will conform to its description, function, output or operation.
8.3 The Supply complies with any law or regulation.
8.4 The Supply is free from defects in design, material and quality and fit for the intended purpose to meet any required output, function or operation.
8.5 You have made independent assessments of any specifications, drawings or designs provided to you by us or any third party related or unrelated to us in relation to the Supply.
8.6 No reliance on any information, representation, document, procedure or other such information provided to you, written, verbal or otherwise, shall reduce your liability to us for the failure or defect of any Goods, equipment or product in connection with the Supply to perform or meet the function or output required.
8.7 The warranties required of you under clause 8 are in addition to any statutory warranties applying to the Supply or Goods.
DEFECTS AND WARRANTY. 9.1 If you become aware of any defect in any Materials or services supplied by SPS, you must advise us in writing as soon as you become aware of such defect.
9.2 We will remedy, any defects in our workmanship that arise within 12 months of the date the relevant services were performed. This obligation does not extend to any defects or damage caused by misuse or mismanagement of the works, damage caused by third parties or yourself, or any deficiency in design not undertaken by us. For the avoidance of doubt, we will have no liability after the expiry of that 12-month period.
9.3 We will pass on the benefit of any manufacturers' warranties relating to any Materials that we supply to you for a maximum period of 12 months from the date of delivery of those Materials.
DEFECTS AND WARRANTY. The Subject of purchase must be free of all factual and legal defects and the Seller is obliged to ensure that the delivery and use of the Subject of purchase do not violate the rights of the Seller or other persons resulting from intellectual property rights. The Subject of purchase has a legal defect if another person claims the right to it.
DEFECTS AND WARRANTY. Any defects of the products shall be notified to BioConcept within 3 days after receipt of the products. If any defect detected on the products can be attributed to BioConcept, BioConcept shall be entitled, at its discretion, to either replace the products or refund the purchase price.
DEFECTS AND WARRANTY. 12.1 NETCARE shall render its Services in accordance with the service levels defined, if any, or any specifications defined in the relevant Service Agreement and the Services shall be free of defects of priority 1, 2 and 3. Services rendered by NETCARE or its subcontractors not complying with the aforementioned standards shall be deemed “Defects”.
12.2 In the event of Defects of an agreed product or works that shall be supplied, FME’s claims shall expire twenty four months after delivery of the respective product or works. FME shall notify NETCARE of any Defects immediately upon delivery, or in case of hidden Non-Conformities upon discovery, at the latest within 10 business days.
12.3 NETCARE shall have opportunity to cure all Defects free of charge and within reasonable time. NETCARE may choose to remedy by repair or redelivery within its discretion. NETCARE shall have two attempts to remedy a Defects. If NETCARE fails to cure before an appropriate dead-line set by FME expires FME may appropriately reduce the price. If said Defect that has not been remedied by NETCARE does not affect economically reasonable uses of the remaining parts of services or goods which NETCARE has delivered or shall deliver and FME makes such use thereof, FME’s rights shall be limited to the defect service or part of NETCARE’s performance. Save for the provisions in Section 15 FME shall have no right to terminate the relevant Service Agreement or this General Agreement due to a Defect.
12.4 Unless otherwise agreed between the Parties in this Section 12 any Defects shall be regulated by the relevant warranty provisions defined by statutory law, as applicable to the Service.
