Goods Warranties. Contractor warrants that the Goods will be merchantable for their intended purposes, free from all defects in materials and workmanship, in compliance with all applicable specifications and documentation, and to the extent not manufactured pursuant to detailed designs furnished by the JBE, free from defects in design. The JBE’s approval of designs or specifications furnished by Contractor shall not relieve Contractor of its obligations under this warranty.
Goods Warranties. Without limiting any other representations or warranties applicable to the goods or services, vendor represents and warrants to Gateway that
(a) the goods covered by this purchase order shall be of good material and workmanship and free from defects in material, design and workmanship, shall be of good and merchantable quality, shall conform to all applicable plans, specifications, requirements and samples and shall be suitable for the purpose of use intended by Gateway; and (b) vendor has obtained any and all rights, permits, licenses and third party consents required in connection with the sale and use of the goods purchased by Gateway. During the Warranty Period, vendor shall repair or replace all or part of any goods which is determined by Gateway, in its sole discretion, to be in breach of the warranties set forth herein regarding the goods, and vendor is solely responsible for paying all costs associated with such repair or replacement including, without limitation, all costs for any required parts, labour, shipping, materials and design. Goods returned during the Warranty Period for repair or replacement shall be repaired or replaced by vendor and returned to Gateway within five business days, and vendor is solely responsible for paying the associated shipping and packaging costs of such repair or replacement. Any such repaired or replaced goods shall be subject to the acceptance process in Section 6, and the Warranty Period shall recommence from the date of acceptance of such repaired or replaced goods. In the event vendor is unable to repair or replace the defective goods within such turnaround time, Gateway may, (i) at vendor's sole cost, return such defective goods to vendor and vendor shall refund Gateway in full for the defective goods and any other related costs or (ii) terminate this purchase order immediately upon notice to the vendor, and Gateway shall thereupon be relieved of all liability hereunder.
Goods Warranties. Contractor warrants that the Goods will be merchantable for their intended purposes, free from all defects in materials and workmanship, in compliance with all applicable specifications and documentation, and to the extent not manufactured pursuant to detailed designs furnished by the Court, free from defects in design. The Court’s approval of designs or specifications furnished by Contractor shall not relieve Contractor of its obligations under this warranty.
Goods Warranties. (a) CONTRACTOR warrants that GOODS supplied in connection with the performance of SCOPE will be:
(i) without fault, defect, or deficiency;
(ii) new on delivery, unless otherwise specified in the CONTRACT;
(iii) fit for use for any purpose specified in the CONTRACT; and
(iv) in strict conformance with the CONTRACT and any specification, drawing, or other description supplied by COMPANY to CONTRACTOR and agreed to as part of the CONTRACT.
(b) Unless a different period is specified in the SCOPE DESCRIPTION, CONTRACTOR’s warranty for GOODS applies to all defects arising within 12 months of COMPANY’s ACCEPTANCE of GOODS.
(c) Following ACCEPTANCE by COMPANY of the GOODS, the warranties set out in this Article are in lieu of all other warranties expressed or implied by statute, common law, custom, usage, or otherwise.
Goods Warranties. Proposer warrants that the Goods will be merchantable for their intended purposes, free from all defects in materials and workmanship, in compliance with all applicable specifications and documentation, and free from defects in design. The JBE’s approval of designs or specifications furnished by Proposer shall not relieve Proposer of its obligations under this warranty.
Goods Warranties. 15.1 Unless otherwise stated in the applicable Statement of Work, the Goods comprise or contain goods or components which were not manufactured or produced by the Supplier. As a consequence, the Customer shall be entitled only to such warranty or other benefit as the Supplier has received from the manufacturer and is permitted to pass onto the Customer.
15.2 The Supplier's only liability to the Customer if the Goods fail to comply with the warranties set out in clause 15.1 is as set out in this Clause 15 and Clause 17.
15.3 The terms implied by sections 13 to 15 of the Sale of Goods Act 1979 are, to the fullest extent permitted by law, excluded from the Agreement.
15.4 The terms of the Agreement shall apply to any repaired or replacement Goods supplied by the Supplier.
Goods Warranties. (a) If the Supply is or includes a supply of Goods, then the Supplier warrants that the Goods will:
(i) meet the description and Specifications applicable to the Goods under the relevant PO;
(ii) be of good quality, fit for purpose and free from defects and omissions in material, design or workmanship;
(iii) upon title passing to the Company, be unused and free from any charge or encumbrance (including any security interests); and
(iv) comply with all Relevant Laws.
(b) Documentation will be in English, complete, up to date, accurate and suitable for the Company and its Personnel to use, operate or maintain the Goods.
Goods Warranties. Goods are subject to the warranty in any document, packaging or XXXX that accompanies them. To the extent legally possible, and at Caseware Africa’s discretion, Caseware Africa may assign to customer the benefit of any supplier warranties it has. Otherwise, customer has the same rights against Caseware Africa as it has against the supplier.
Goods Warranties. In addition to any specific warranties or otherwise extended by Seller to Buyer, Seller warrants that all Goods covered by this Agreement shall conform to: (a) all applicable laws, (b) the implied warranties of fitness for a particular purpose and merchantability, and (c) the specifications, drawings, samples or other description upon which this Agreement is based. Seller warrants and represents that the Goods will be free from defects in workmanship, design or materials. Seller warrants and represents that the Goods will be newly manufactured and will comply with any and all samples, drawings, blueprints, designs, and specifications. Seller warrants and covenants that it has and will have good and marketable title to all Goods delivered to Buyer in accordance with this Agreement, free and clear of any and all liens and encumbrances, and that Seller has full and complete legal rights to manufacture and sell the Goods to Buyer without the consent of any third party. Seller warrants to Buyer that neither the Goods and Services provided by Seller to Buyer, nor the uses which may be expected to be made of the Goods and Services by Xxxxx, violate or infringe any patent, copyright, mark, logo, trade secret or other intellectual property of or belonging to others. Inspection, test, acceptance or use of the Goods furnished hereunder shall not affect the Seller's obligations under this warranty. These warranties shall run to Buyer, its successors, assigns and customers and users of the Goods.
Goods Warranties. (a) CONTRACTOR warrants that each of the GOODS supplied in connection with the performance of SCOPE will be:
(i) delivered free and clear of all liens and, or deficiency of title;
(ii) new on delivery, unless otherwise specified in Section IV; and
(iii) upon delivery, conform to the applicable SPECIFICATIONS or within the range of applicable "Acceptable Deviation" of the SPECIFICATIONS if and when applicable, all as specified in Section IV and Section V of the CONTRACT.
(b) Unless a different period is specified in Section IV of the CONTRACT, COMPANY must notify CONTRACTOR of an alleged defect of GOODS within one month of COMPANY’s ACCEPTANCE of GOODS. As used in this CONTRACT, the term "defect" means, with respect to GOODS, the GOODS fail to meet the warranty set forth in Article 3.1(a) of this Section IIIA of this CONTRACT above and COMPANY notified CONTRACTOR of such failure within the foregoing time.
(c) The warranties set out in this Article 3.1(a) of Section IIIA of the CONTRACT are in lieu of all other, and CONTRACTOR hereby disclaims all other, guarantees, representations and warranties of any kind whatsoever under this CONTRACT concerning the SCOPE, whether expressed or implied and howsoever arising, whether by statute, common law, custom, usage, or otherwise, including the implied warranties of merchantability, fitness for particular purpose and against infringement.
