FREE FROM DEFECTS. Supplier warrants the Products against defects in material, workmanship, design and manufacturing. Supplier will make all necessary arrangements to assign such warranty to the Members. Supplier further represents and warrants that the Products will conform to the specifications, drawings, and samples furnished by Supplier or contained in the Non-Price Specifications and will be safe for their intended use. If any Products are defective and a claim is made by a Member on account of such defect, Supplier will, at the option of the Member, either replace the defective Products or credit the Member. Supplier will bear all costs of returning and replacing the defective Products, as well as all risk of loss or damage to the defective Products from and after the time they leave the physical possession of the Member. The warranties contained in this Subsection will survive any inspection, delivery, acceptance or payment by a Member. In addition, if there is at any time widespread failure of the Products, the Member may return all said Products for credit or replacement, at its option. This Subsection and the obligations contained herein will survive the expiration or earlier termination of this Agreement. The remedies set forth in this Subsection are in addition to and not a limitation on any other rights or remedies that may be available against Supplier.
FREE FROM DEFECTS. Supplier warrants the Products against defects in material, workmanship, design and manufacturing. Supplier will make all necessary arrangements to assign such warranty to the Members. Supplier further represents and warrants that the Products will conform to the specifications, drawings, and samples furnished by Supplier or contained in the Non-price Specifications and will be safe for their intended use. If any Products are defective and a claim is made by a Member or an Authorized Distributor on account of such defect, Supplier will, at the option of the Member or the Authorized Distributor, either replace the defective Products or credit the Member or the Authorized Distributor. Supplier will bear all costs of returning and replacing the defective Products, as well as all risk of loss or damage to the defective Products from and after the time they leave the physical possession of the Member or the Authorized Distributor. The warranties contained in this Subsection will survive any inspection, delivery, acceptance or payment by a Member or an Authorized Distributor. In addition, if there is at any time wide- spread failure of the Products, the Member or the Authorized Distributor may return all said Products for credit or replacement, at its option. This Subsection and the obligations contained herein will survive the expiration or earlier termination of this Agreement. The remedies set forth in this Subsection are in addition to and not a limitation on any other rights or remedies that may be available against Supplier.
FREE FROM DEFECTS. Except (a) as may be set forth in the Repair Agreement, (b) Products transferred as finished goods, work-in process or manufactured using Materials on hand as of the applicable VSHA Effective Date or (c) as otherwise expressly agreed to in writing by the Parties, Flextronics covenants and warrants that each Product and all Material shall be new and unused at the time of initial delivery. Flextronics covenants and warrants that except for (a) Products transferred as finished goods, work-in process or manufactured using Materials on hand (including any Consigned Inventory or Inventory purchased from other suppliers pursuant to Section 4.3.5) as of the applicable VSHA Effective Date, during the Warranty Period, subject to such longer period set out in Section 13.4 in respect of an Epidemic Condition, each Product shall be free from defects in Material supplied by Flextronics under normal use and operation, and shall conform to the applicable Specifications. Flextronics covenants and warrants that except for (a) Products transferred as finished goods as of the applicable VSHA Effective Date, during the Warranty Period, subject to such longer period set out in Section 13.4 in respect of an Epidemic Condition, each Product shall be free from defects in workmanship under normal use and operation and shall conform to the applicable Specifications. NORTEL NETWORKS’ SOLE AND EXCLUSIVE REMEDY AND SUPPLIER’S ENTIRE LIABILITY FOR BREACH OF WARRANTY IN THIS SECTION 13.3 SHALL BE AS SET FORTH IN SECTIONS 9, 10, AND 13.4 AND SUBJECT TO THE LIMITATIONS SET FORTH IN SECTION 16 BELOW. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT BUT SUBJECT TO SECTION 15 AND TO THE EXTENT PERMITTED BY LAW, THE FOREGOING IS SUPPLIER’S SOLE WARRANTY WITH RESPECT TO THE PRODUCTS AND MATERIAL AND SUPPLIER HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
FREE FROM DEFECTS. The Contractor warrants to the Owner that all materials and equipment furnished under this Agreement will be new unless otherwise specified in a Work Order or agreement for Other Work, free from faults and defects and in conformance with the Work Order, agreement for Other Work and/or this Agreement. All Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective and must be cured by Contractor at Contractor's expense. If required by the Owner, Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment furnished hereunder.
FREE FROM DEFECTS. Contractor warrants that the system developed hereunder shall be free from defect in design and implementation and will continue to meet the specifications agreed to during system design and Contractor will, without additional charge to the College, correct any such defect and make such additions, modifications, or adjustments to the system as may be necessary to operate as specified in the Technical Deliverables accepted by the College.
FREE FROM DEFECTS. Supplier warrants the Products, including, but not limited to, all attachments, subsystems and components thereof, against defects in material, workmanship, design and manufacturing for the warranty period set forth in Exhibit E attached hereto (“Warranty Period”). Supplier will make all necessary arrangements to assign such warranty to the Members. Supplier further represents and warrants that the Products will conform to the specifications, drawings, and samples furnished by Supplier or contained in the Non-Price Specifications and will be safe for their intended use. eXI Warranty terms will apply.
FREE FROM DEFECTS. All goods supplied under the Contract must be:
(a) free from defects in materials and workmanship;
(b) fit for all the purposes for which goods of that kind are commonly supplied;
(c) of acceptable quality (as defined in The Australian Consumer Law of the Competition and Consumer Xxx 0000 (Cth));
(d) accompanied by adequate information as required under WHS Laws; and
(e) without risk to health and safety.
FREE FROM DEFECTS. In the event Adobe authorizes Vendor to reproduce CD’s or discs from of the approved media master. Vendor specifically warrants that the reproduced media will be free from defects in materials and workmanship for a period of one (1) year from the date of its delivery to Adobe. During the mastering process, Vendor will use the Virus checking procedure described in Exhibit G (‘‘Security’’) and a minimum of two of the most recent commercially available virus checking software programs to check the Master Media delivered by Adobe for all publicly known viruses and immediately inform Adobe if such viruses are found on the Master Media or on quality control samples of reproduced media. Vendor warrants the software portions of the Adobe Product Packages digitally match the Master Media.
FREE FROM DEFECTS. For the hardware components of this Agreement, First Virtual warrants that each Private Labeled Product delivered to Bay Networks shall be free from defects in material and workmanship for one year after shipment to the corresponding end-user customer, but in no event later than 18 months from delivery to Bay Networks (the "Warranty Period"), and shall conform to the designs and specifications described in the Schedules to this Agreement. For the software components of this Agreement the warranty is 90 days on the media only.
FREE FROM DEFECTS. The CMAR warrants to the Owner and Architect that (1) materials and equipment furnished under the Contract will be of first quality and new, (2) the work will be free from defects, and (3) the work will conform to the requirements of the Contract. Work not conforming to these requirements, including substitutions not properly approved and authorized, shall be considered defective. This warranty is in addition to and not limited by the provisions of Section 12.2.
