Express Warranties Clause Samples
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Express Warranties. Vendor expressly represents, warrants and covenants, that:
(i) Vendor will devote its good faith, best efforts in provision of the Goods and/or Services.
(ii) Vendor has and will retain sufficient financial condition, working capital, experience, expertise, personnel, licenses, certifications, and authority to provide the Goods and/or Services, that it will provide copies of its licenses and certifications to the District upon request, and will comply with the vendor ethics policies of the District.
(iii) The Goods furnished conform with the specifications, drawings, descriptions and that the Services promised will adequately address the Scope of Services set forth in the Contract and its exhibits, the District’s Request for Proposal, Request for Competitive Sealed Proposal or other solicitation for the Goods and/or Services contracted for herein (the "Solicitation Document"), and to any sample(s) furnished by Vendor, if any, in connection with the Contract or in response to the District’s Request for Proposal.
(iv) The Goods and/or Services shall be delivered in compliance with all applicable laws, rules, and regulations, with District policies and procedures, and consistent with industry standards.
(v) In the event of a conflict between the specifications, drawings and descriptions of Goods to be provided, the specifications shall govern. In the event of a conflict between the Solicitation Document and the Contract, the Contract shall prevail.
(vi) All Goods are new and the quality of the Goods is consistent with or better than industry standard.
Express Warranties. THE EXPRESS WARRANTIES SET FORTH IN ARTICLES 10.1 and 10.4 ABOVE ARE THE ONLY WARRANTIES MADE BY UWMRF TO Company WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT. UWMRF MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED OR ARISING BY CUSTOM OR TRADE USES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY ASPECT OF THIS AGREEMENT OR WITH RESPECT TO THE LICENSED PRODUCTS.
Express Warranties. Seller warrants that the product(s) supplied hereunder will conform to the promises and affirmations of fact made in Seller’s current technical literature and printed advertisements, if any, related specifically to such product(s); that it will convey good title to the product(s) supplied hereunder, free of all liens, and that the product(s) supplied hereunder meet such specifications as have been expressly made a part of this Agreement. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL OR IMPLIED. THE WARRANTY OF MERCHANTABILITY, IN OTHER RESPECTS THAN EXPRESSLY SET FORTH HEREIN, AND WARRANTY OF FITNESS FOR PARTICULAR PURPOSE, IN OTHER RESPECTS THAN EXPRESSLY SET FORTH HEREIN, ARE EXPRESSLY EXCLUDED AND DISCLAIMED.
Express Warranties. Seller makes the following warranties and representations to Purchaser:
Express Warranties. Seller expressly warrants for a period of 12 months from the later to occur of first use of the Goods by Buyer or acceptance of such Goods by Buyer (the “Warranty Period”) as follows:
(a) the Goods shall strictly conform to all specifications, drawings, instructions, advertisements, statements on containers or labels, descriptions and samples; (b) the Goods shall be free from defects in workmanship and material and shall be new and of the highest quality; (c) Buyer shall receive title to the Goods that is free and clear of any liens, encumbrances and any actual or claimed patent, copyright or trademark infringement; (d) the Goods shall be merchantable, safe and fit for the Buyer’s intended purposes, which purposes have been communicated to Seller; (e) the Goods shall be adequately contained, packaged, marked and labeled; and (f) the Goods shall be manufactured in compliance with all applicable federal, state and local laws, regulations or orders, and agency or association standards or other standards applicable to the manufacture, labeling, transporting, licensing, approval or certification, including by way of illustration and not by way of limitation, the Occupational Health and Safety Act, the Fair Labor Standards Act, and any law or order pertaining to discrimination; provided, that Seller agrees to waive and hereby does waive the expiration of the Warranty Period with respect to any and all Goods in the event there are any failure or defects in Goods discovered after the Warranty Period that are material in nature, that affect a significant portion of the Goods or that, in Buyer’s reasonably determination, could reasonably be expected to damage property or the health and safety of any person. If Buyer experiences any defect, failure or non-conformity in any Goods procured, constructed, manufactured, delivered and/or shipped under this Agreement during the Warranty Period, Buyer shall have the right to take the following actions, at Buyer’s option: (i) retain the defective Goods in whole or in part with an appropriate adjustment in the price for such Goods; (ii) require Seller to cure defects in the Goods within a reasonable period of time, determined by Buyer in its sole discretion taking into account the urgency of the given situation; (iii) require Seller to repair or replace the defective Goods in whole or in part at Seller’s sole expense, including all shipping, transportation and installation costs; (iv) correct or replace the defective Goods wit...
Express Warranties. Supplier warrants that the Products or services (or both) conform in all respects to any expressed warranties made by Supplier to Purchaser, are (i) free from defects in title, labor, materials, services, manufacture and or design, (ii) conform to the applicable specifications, drawing, and standards of quality and performance, (iii) comply with all governmental requirements that may apply to the design, production, sale or distribution of the Products, (iv) are new and unused at the date of delivery and fit for the purposes for which purchased by Purchaser; and (v) the services, if any, will be performed with all appropriate skill and care in accordance with industry best practice and in compliance with all governmental requirements that apply to the services. Purchaser’s acceptance or use of or payment for the Products or services shall not diminish Supplier's obligations under this warranty. Warranty period (i) for Products is twenty-four
Express Warranties. Neither Party nor any other Person has made any representation or warranty as to the Parties, the Product, or this Agreement, except as expressly set forth in this Agreement (including the related portions of the Disclosure Schedule) or any Ancillary Agreement.
Express Warranties. LICENSEE hereby acknowledges and agrees that QUMU (including QUMU officers, employees, agents, directors, independent contractors, affiliates, distributors and successors) has not made or granted any warranties concerning the Hardware, the Services or the Software except as expressly set forth in this Article V.
Express Warranties. LICENSEE HEREBY ACKNOWLEDGES AND AGREES THAT VENDOR AND ITS SUBSIDIARIES (INCLUDING OFFICERS, ASSOCIATES, AGENTS, AND DIRECTORS OF VENDOR AND ITS SUBSIDIARIES) HAS NOT MADE OR GRANTED ANY EXPRESS WARRANTIES CONCERNING THE SERVICES AND THE PRODUCT EXCEPT FOR THE SOFTWARE WARRANTY IN SECTION 6.01. SECTION 6.03 -- WARRANTY LIMITATION: THE WARRANTIES SET FORTH IN SECTION 6.01 ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF MERCHANTABILITY. THE WARRANTIES SET FORTH IN SECTION 6.01 ARE LIMITED TO THE PRODUCT AND DO NOT APPLY TO ANY THIRD PARTY SOFTWARE OR TECHNOLOGY. EXCEPTING THE WARRANTY SET FORTH IN SECTION 6.01, VENDOR HEREBY DISCLAIMS AND LICENSEE HEREBY WAIVES ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND ALL IMPLIED WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE AND NONINFRINGMENT. VENDOR DOES NOT MAKE ANY WARRANTY AND LICENSEE HEREBY WAIVES ANY AND ALL WARRANTIES AS TO THE RESULTS OBTAINED FROM THE SUPPORT SERVICES, IF ANY. LICENSEE HEREBY ACKNOWLEDGES AND AGREES THAT USE OF SUPPORT SERVICES, IF ANY, SHALL BE AT THE SOLE AND EXCLUSIVE RISK OF LICENSEE AND SUBJECT TO THE RULES, THE ESSENTIAL PLAN STATEMENT AND THIS AGREEMENT. VENDOR SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR HARM OR DAMAGES RESULTING FROM OR ARISING OUT OF LICENSEE INABILITY TO USE SUPPORT SERVICES, IF ANY, OR TO ACCESS THE PRODUCT.
Express Warranties. As of the date hereof and as of all dates prior to the expiration of this Agreement, Consultant warrants and represents to the Company the following: