Services Warranty The Contractor warrants and represents that each of its employees, Subcontractors, or agents assigned to perform any services under the terms of this Agreement shall have the skills, training, and background reasonably commensurate with his or her level of performance or responsibility, so as to be able to perform in a competent and professional manner. The Contractor further warrants that the services provided hereunder will conform to the requirements of this Agreement. All warranties, including any special warranties specified elsewhere herein, shall inure to the Judicial Council, its successors, assigns, customer agencies, and any other recipients of the services provided hereunder.
SUPPLIER’S WARRANTIES (a) The Supplier warrants that:
(i) the Goods supplied and/or Services performed will match the description (if any) referred to in the Order;
(ii) the Goods supplied and/or Services performed will be of the highest standard and in accordance with Perseus’s specifications (where those specifications are made known to the Supplier) or in the absence of such specifications, in accordance with any applicable standards or regulations;
(iii) if the Supplier gave Xxxxxxx a sample of the Goods or a demonstration of the Services, the Goods and/or Services will be of the same nature and quality as the sample or demonstration given;
(iv) the Goods supplied and/or Services performed will be fit for the purpose for which Goods of the same kind are commonly supplied or bought; and/or for the purpose for which Services of the same kind are commonly performed; and/or any other purpose Perseus specifies;
(v) it will obtain at its cost all usual trade warranties and any warranties specifically requested by Xxxxxxx in respect of the Goods and/or Services and will assign the benefit of any such warranties to Perseus including any warranties obtained from the Supplier’s subcontractors and/or suppliers;
(vi) any Goods supplied will be of merchantable quality and free from any security interest or other encumbrance;
(vii) in relation to the provision of any Services:
(A) the Supplier and its Associates will exercise the standards of diligence, skill and care normally exercised by a similarly qualified and competent person in the performance of comparable work;
(B) any equipment used on the Site by the Supplier will be in safe working condition, comply with all legislation which is applicable to such equipment and be operated and maintained by suitably qualified and competent personnel, to the satisfaction of Xxxxxxx;
(C) if the Services are Defective or otherwise do not comply with this clause 3, the Supplier must, if requested by Xxxxxxx, re-perform the Services at the Supplier’s cost and Perseus may terminate the Agreement at no cost to Perseus; and
(D) any Services provided must be undertaken by persons who are appropriately licensed, qualified and/or trained to provide those Services; and
(viii) it will comply with the requirements under any applicable law in respect of the manufacturing, handling, storage and transport of the Goods and/or the performance of the Services including having obtained and maintained all required licences, permits or approvals and complying with the conditions thereof.
Customer Warranties Customer warrants that (i) if an entity, it is duly organized and validly existing in good standing; (ii) it is duly authorized to execute, deliver, and perform its obligations under this Agreement; (iii) when duly executed and delivered by each Party, the Agreement will constitute Customer’s legal, valid, and binding obligation, enforceable against it in accordance with its terms; (iv) it is not insolvent and is paying all of its debts as they become due; (v) any payments made pursuant to the Agreement are intended by it to be a substantially contemporaneous exchange for new value given to it; (vi) each payment made of a debt incurred by it under this Agreement is or was in the ordinary course of its business or financial affairs, and (vii) all information supplied by Customer is complete and accurate.
Product and Service Warranties 21- SECTION 3.30
Manufacturer’s Warranties If a Lease Vehicle is covered by a Manufacturer’s warranty, the Lessee, during the Vehicle Term for such Lease Vehicle, shall have the right to make any claims under such warranty that the Lessor could make.
Supplier Warranties The warranties made by Supplier with respect to each Product are solely those that are contained in the product insert accompanying such Product. No other affirmation of fact or promise made by Distributor or its Suppliers, whether or not in this Agreement, by words or action shall constitute a warranty. The foregoing warranty does not extend to any Product that is modified or altered, or treated with abuse, negligence or other improper treatment. Standard Limited Warranty. Distributor shall pass on to Subdistributor so that it may pass on to the customers the Supplier’s standard limited warranty for Products, including limitations set for in subsection (b) Limitation of Liability and Warranty below. Except for the stated warranty set forth on, or included with, the Products as delivered to the Subdistributor and /or its customers, the warranty and remedy set forth in this 0 are exclusive and all other warranties, guarantees or representations, express or implied, by Distributor’s Suppliers with respect to the applicable Products, including, without limitation, warranties of merchantability and fitness for particular purpose, and any other obligation or liability of Distributor and its Suppliers to Subdistributor or to any third party with respect to the Products, are hereby excluded. This warranty is contingent upon proper use of a Product in the application for which such Product was intended and does not cover Products that were modified without Distributor or its Supplier’s prior written approval, that have expired or that were subjected to physical, chemical or electrical stress that the products were not originally designed for.
Vendor’s Warranties CONTRACTOR irrevocably appoints the LEA its agent and attorney-in-fact during the term of this Agreement, so long as the LEA shall not be in default hereunder for the purpose of asserting from time to time whatever claims and rights which CONTRACTOR may have against the Vendor, including warranty claims with respect to the Accepted Buses, but for no other purpose whatsoever. The LEA’s sole remedy for the breach of a warranty shall be against the Vendor and not against CONTRACTOR, nor shall such matters have any effect whatsoever of this Agreement, including the LEA’s obligation to make timely Installment Payments hereunder. The LEA expressly acknowledges that CONTRACTOR makes, and has made, no representation or warranties whatsoever as to the existence or availability of such warranties from the Vendor.
Contractor’s Warranties Tenant waives all claims against Landlord relating to any defects in the Tenant Improvements; provided, however, that if, within 30 days after substantial completion of the Tenant Improvement Work, Tenant provides notice to Landlord of any non-latent defect in the Tenant Improvements, or if, within 11 months after substantial completion of the Tenant Improvement Work, Tenant provides notice to Landlord of any latent defect in the Tenant Improvements, then Landlord shall promptly cause such defect to be corrected.
Product Warranties Except as set forth on Schedule 3.13, (i) there are no warranties express or implied, written or oral, with respect to the products or services of the Company, and there are no pending or, to the knowledge of the Company, threatened, claims with respect to any such warranty; (ii) during the past five years, the Company has not had a claim against it for a product it has warranted and does not reserve for such warranty claims; and (iii) the Company has no Knowledge of any facts that might lead to an increase in warranty claims in the future.
Contractor Representations and Warranties Contractor makes each of the following representations and warranties as of the effective date of this Contract and at the time any order is placed pursuant to this Contract. If, at the time of any such order, Contractor cannot make such representations and warranties, Contractor shall not process any orders and shall, within three (3) business days notify Enterprise Services, in writing, of such breach.
