Equipment Warranties. QESP represents and warrants that all Equipment installed as part of this SOW shall be new, materially free from defects in materials or workmanship, installed properly in a good and workmanlike manner, and shall function properly for a period of one (1) year from the date of the Notice of Substantial Completion of ESM if operated and maintained in accordance with the procedures established for the Project Site(s). After the warranty period, QESP shall have no responsibility for performing maintenance, repairs, or making manufacturer warranty claims relating to the Equipment, except as provided in Schedule BB (QESP’s Maintenance Responsibilities). QESP shall cause all available manufacturers’ warranties relating to the Equipment to be issued in the name of and delivered to Department. No later than two (2) business days after the Department delivers the Notice of Substantial Completion of ESM to the QESP, the QESP shall deliver the warranties applicable to the subject Equipment to the Department, At the Department’s request, the QESP shall act as the Department’s agent and representative to pursue on the Department’s behalf any available rights and remedies which the Department may have against the manufacturers under the warranties. QESP shall, during the warranty period, notify the Department whenever defects in Equipment parts or performance occur which may give rise to such rights and remedies. During this period, if the QESP fails to notify the Department of Equipment defects or any warranty issues, QESP shall bear the full cost and expenses of any risk of damage or damage to the Equipment and its performance, including damage to property and Equipment of the Department or the Project Site(s). The warranties shall specify that only new, not reconditioned, parts may be used and installed when repair is necessitated by malfunction. Notwithstanding the above, nothing in this section shall be construed to alleviate/relieve the QESP from complying with its obligations to perform under all terms and conditions of this SOW and as set forth in all attached Schedules.
Equipment Warranties. The Borrower represents and warrants that (a) the Borrower’s Equipment is not subject to any Lien whatsoever except for the Permitted Liens; and (b) each item of Equipment that is material to the operations of Borrower is in working condition and repair, ordinary wear and tear excepted, and is currently used or usable in Borrower’s business.
Equipment Warranties. To the extent AVI receives any warranties from a manufacturer on Equipment; it will pass them through to Customer to the full extent permitted by the terms of each warranty. Factory warranties vary by manufacturer, and no additional warranties are expressed or implied.
Equipment Warranties. Lessee acknowledges that (i) Lessee has selected the supplier of the Equipment, (ii) Lessor acquired the goods or the right to possession and use of the goods in connection with the Lease, and (iii) Lessee received a copy of the contract by which Lessor acquired the Equipment or the right to possession and use of the Equipment before signing the Lease. LESSOR MAKES NO EXPRESS OR IMPLIED WARRANTIES INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE WITH RESPECT TO THE EQUIPMENT AND DISCLAIMS THE SAME. Lessor shall have no liability for any damages, whether direct, indirect, general, special, incidental, exemplary or consequential, incurred by Lessee as a result of any defect or malfunction of the Equipment. Lessee shall look solely to the Equipment supplier for any and all claims related to the Equipment. Lessor assigns to Lessee, for and during the Lease Term, any warranty on the Equipment provided by the supplier. Lessor and Lessee agree that all limitations on remedies and liability contained in this Lease represent a reasonable allocation of risks that is part of the fundamental bargain between the parties.
Equipment Warranties. A. Contractor warrants that all equipment sold and installed as part of this Contract is new, will be materially free from defects in materials or workmanship, will be installed properly in a good and workmanlike manner, and will function properly for a period of at least one (1) year from the date of the Substantial Completion for the particular energy conservation measure, if operated and maintained in accordance with the procedures established per building. Substantial Completion does not occur until the Equipment or system has been commissioned, accepted, and Exhibit V (Notice of Substantial Completion) is fully executed.
B. After the warranty period, Contractor shall have no responsibility for performing maintenance, repairs, or making manufacturer warranty claims relating to the Equipment, except as provided in Schedule BB (Contractor’s Maintenance Responsibilities).
C. Contractor further agrees to assign to Agency all available manufacturer’s warranties relating to the Equipment and to deliver such written warranties and which shall be attached and set forth as Exhibit VII (Equipment Warranties); pursue rights and remedies against the manufacturers under the warranties in the event of Equipment malfunction or improper or defective function, and defects in parts, workmanship and performance. Contractor shall, during the warranty period, notify the Agency whenever defects in Equipment parts or performance occur, which give rise to such rights and remedies and those rights and remedies are exercised by Contractor. During this period, the cost of any risk of damage or damage to the Equipment and its performance, including damage to property and equipment of the Agency or the Project Site(s), due to Contractor’s failure to exercise its warranty rights, shall be borne solely by Contractor.
D. All warranties, to the extent transferable, shall be transferable and extend to the Agency. The warranties shall specify that only new, not reconditioned, parts may be used and installed when repair is necessitated by malfunction. All extended warranties shall be addressed as the property of the owner and appropriately documented and titled.
E. Notwithstanding the above, nothing in this Section shall be construed to alleviate/relieve the Contractor from complying with its obligations to perform under all terms and conditions of this Contract and as set forth in all attached Schedules.
Equipment Warranties. With respect to Equipment of a Borrower scheduled, listed or referred to in any Monthly Report or Collateral Report or which is the subject of any Loan, such Borrower warrants that (i) it is the lawful owner of the Equipment and it has the right to subject the same to a security interest in favor of Agent; (ii) it is not subject to any Lien except for the security interest granted to Agent hereunder and except as specifically permitted in Subsection 8.1 hereof; and (iii) all such Equipment is in good condition and repair and is currently used or usable in such Borrower's business.
Equipment Warranties. Contractor represents and warrants that all Equipment and services with an active warranty purchased or provided under this Contract shall be governed under the Contractor warranty policy terms included in Exhibit C – Warranty Terms.
Equipment Warranties. The Contractor shall obtain warranties and performance guarantees for the benefit of the Contractor and the Owner of no less than [REDACTED: Txx period] from the date of delivery to the Job Site for the BXXX, 3 years from the date of delivery to the Job Site for the transformers, and 1 year from the date of delivery to the Job Site for the switchgear. For purposes of this Section 23.1.8, major equipment or Components shall mean each individual piece of equipment or Component which is obtained from a third party at a cost of [REDACTED: Dollar amount] or more. In the event the Owner requires the warranty coverage referred to in this Section 23.1.8 for a duration of more than the terms of the equipment warranties above, it shall be permitted to request such Change in Work pursuant to Section 16.2.
Equipment Warranties. Company represents and warrants that its: (i) the Equipment it supplies under this Agreement shall be free from defects in workmanship and material at the time of delivery and conform to the manufacturer’s published specifications and Company’s representations, warranties and covenants regarding the functions and uses for which the Equipment has been marketed to, and relied upon by Saint Luke’s and the Facility; (ii) its Equipment shall comply with all applicable federal, state and local laws rules and regulations, and (iii) none its Equipment shall violate any intellectual property or other right of any third party. Company further represents and warrants that throughout the Term, Company shall, and all Equipment shall conform to, be and shall remain in compliance with, all applicable federal, state and local laws, regulations, ordinances, regulations and codes, including, but not limited to: (i) those relating to the privacy or security of information including, but not limited to, HIPAA (as hereinafter defined) and corresponding regulations; (ii) Medicare and Medicaid law; and (iii) all laws and regulations relating to the licensing, regulation and accreditation of health care facilities, (inclusive of the requirements of The Joint Commission or other private accreditation organizations that have established standards relevant to medical care). Company further warrants that Equipment provided to Facility, shall if required by law or regulation, have received FDA approval or will have 510K clearance prior to delivery to Facility and that all Equipment delivered to Facility will be in compliance with FDA regulations. Company shall reimburse Saint Luke’s for all costs and expenses associated with any breach of this warranty, including by example only corrective action, withdrawal or recall requested by Company or by any governmental entity.
Equipment Warranties. With respect to the Equipment, each Borrower represents and warrants to the Agent and the Lenders that: (i) such Borrower has good, indefeasible and merchantable title to its Equipment; (ii) its Equipment is located only on the premises listed on EXHIBIT 8.6; (iii) its Equipment is not subject to any Lien whatsoever except for Permitted Liens; (iv) its Equipment is in good condition and repair (ordinary wear and tear excepted) and is currently used or usable in such Borrower's business; and (v) except as described in EXHIBIT 3.10, none of the Equipment used in the conduct of such Borrower's business is leased.
