Fitness for Purpose. The Contractor warrants that: the Design Documentation it prepares will be fit for the purposes as set out in, or reasonably to be inferred from, the Works Description; and upon Completion, the Works or the Stage will, to the extent that the: Works have or the Stage has been designed by the Contractor; or Contractor is otherwise responsible for the design of the Works or the Stage under clause 6.14 (if applicable), be fit for the purposes as set out in, or reasonably to be inferred from, the Works Description.
Fitness for Purpose. The Subcontractor warrants that: the Design Documentation it prepares will be fit for the purposes as set out in, or reasonably to be inferred from, the Subcontract Works Description; and upon Completion, the Subcontract Works or the Stage will, to the extent that the Subcontract Works have or the Stage has been designed by the Subcontractor, be fit for the purposes as set out in, or reasonably to be inferred from, the Subcontract Works Description.
Fitness for Purpose. The Works shall be fit and sufficient for the purpose(s) for which they were intended, as were expressly made known to the Contractor, or could reasonably have been inferred by it.
Fitness for Purpose. The Contractor warrants that any design which it prepares will be fit for its intended purpose.
Fitness for Purpose. (a) Mascot has relied on information provided by the Buyer or its agents in relation to the Job and site in preparing Mascot’s Confirmation and/or supplying the Job. It is the Buyer’s responsibility to ensure information provided to Mascot is clear, accurate and complete in respect of the Job and site and the Buyer bears all responsibility for any ambiguity, error or omission.
(b) Whilst Mascot may make suggestions as to products that may be relevant to the Buyer’s circumstances, Xxxxxx is not familiar with all the particular circumstances of any person, business, project or site or all matters relevant to a particular situation. Accordingly, to the maximum extent permitted by law, it remains the Buyer’s responsibility to ensure the products included in the Confirmation and/or supplied are suitable for the Buyer’s proposed or intended use requirements, installation location, expectations and specifications.
(c) The Buyer acknowledges it has used its professional judgement, or those of its own professional advisers, in selecting a product with attributes the Buyer considers suitable for the relevant Job, project, site or installation.
(d) To the maximum extent permitted by law, Mascot is not liable to any extent for any claims for loss, damage, cost, expense or penalty of any kind (including any third party claims) arising directly or indirectly from products not being fit for the Buyer’s particular purpose or site including in connection with ambiguous, inaccurate or incomplete information provided by the Buyer.
Fitness for Purpose. It is acknowledged that the Museum is used as a public building for the advancement of education and has not been designed or adapted for the purposes of filming. No warrants is therefore given that the Location or any part of the Museum is safe, appropriate or fit for the purposes of filming and the Film Company shall make its own investigations and satisfy itself that it can carry out the Shoot and comply with its responsibilities under this agreement without jeopardy or danger either to itself, the Personnel or the Museum. It is declared that the mere delivery of the Prior Information shall not be deemed any acknowledgement or admission that it can comply with the proposal of the Film Company or that the steps taken by the Film Company to comply with the terms of this agreement are appropriate and reasonable.
Fitness for Purpose. 16.1 The Customer agrees it has not relied on the skill, judgement or recommendation of the Company or any of its employees, agents or sub-contractors in relation to the suitability of any of the Goods for a particular purpose, unless:
a. the Customer has indicated that purpose in writing to the Company and the Company has acknowledged in writing that the Goods will be fit for the particular purpose; or
b. such advice forms part of specific Services set out in an Order.
Fitness for Purpose. 2.1 Buyer relies entirely on Supplier’s skill and judgement as to both the supply of G&S and the execution of orders.
2.2 All G&S and any part thereof shall be fit for their purpose, correspond with description, be of good quality and the correct quantity and shall in all respects be in accordance with any specifications of Buyer. All Services shall be supplied with the expert care and skills expected from a reputable expert provider. No variation from said specifications shall be acceptable without the prior written consent of Buyer.
2.3 All and any G&S and all procedures and constituents relating thereto shall in all respects be in accordance with all legislation, regulations, directives, orders, bye-laws, industry standards, and codes of practice whatsoever as may from time to time be in force.
2.4 Supplier shall indemnify Buyer in full and on demand against all actions, demands, claims damages, charges, costs, expenses and losses which may be incurred or suffered by Buyer resulting directly or indirectly from any breach of this clause 2 including but not limited to any defect or fault in the G&S. Such undertaking shall be without prejudice to any other rights and remedies of Buyer under this contract.
Fitness for Purpose. 4.1 Subject to clause 1 hereof, the Buyer acknowledges that neither the Company nor any person acting or purporting to act on its behalf has made representation or given any promise or undertaking which is not expressly set out in writing whether as to the fitness of Goods and services for any particular purpose or any other matter.
4.2 Any advice, recommendation, information, assistance or service provided by the Company in relation to Goods sold or manufactured by it or their use or application or the performance of services by the Company is given in good faith and is believed by the Company to be appropriate and reliable. However any advice, recommendation, information, assistance or service provided by the Company in relation to any Goods supplied or services performed respectively is provided without liability or responsibility on the part of the Company.
4.3 The Buyer acknowledges and warrants that it has relied on its own skill and judgement or alternatively on the skill and judgement of tradesmen and professional advisers retained by it to provide advice and assistance on the suitability of the Goods for specific purposes and procedures and in this respect shall hold the company harmless and indemnified from and against any suit claim, demand, or compensation which but for these Terms and Conditions the Buyer may have had against the Company.
Fitness for Purpose. Each Franchisee warrants that each Concession Plan will at all times be fit for its intended purposes as specified in, or ascertainable from, the State Concession Documents and will in any event be prepared, developed and updated using Best Practices.
