Common use of Goods Warranties Clause in Contracts

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. 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 hereunderliabilityhereunder.