Guarantee and Claim Clause Samples

The Guarantee and Claim clause sets out the obligations of one party to assure the quality, performance, or condition of goods or services provided, and outlines the process for making claims if those guarantees are not met. Typically, this clause specifies the duration and scope of the guarantee, the types of defects or failures covered, and the steps the other party must follow to submit a claim, such as providing notice or evidence of the issue. Its core function is to protect the recipient by ensuring recourse if the goods or services fail to meet agreed standards, thereby allocating risk and promoting accountability.
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Guarantee and Claim. 1. Seller shall guarantee to secure the stability of Products by continually measuring components included in the sample of Products Seller keeps through the expiration date specified in the Identification of Reference Material for Nutrients in Seawater. 2. In the event Seller believes it will not be able to guarantee the quality of Products throughout the period until the expiry date stated in the Identification of Reference Material for Nutrients in Seawater, Seller shall notify Buyer without delay, and send replacement Products of which quality is able to be guaranteed to Buyer at Seller’s sole expense. This shall be the sole and exclusive provision that sets forth Seller’s liability relating to the guarantee as stated in the preceding paragraph. Seller has no other liability relating to the guarantee set forth in the preceding paragraph. 3. Seller does not guarantee to Buyer that the use of Products or the use, etc. of the measuring method in which Products are used does not infringe the intellectual property rights such as the patent, utility model, design, trademark and copyright of any third party. 4. Seller is not liable for compensating Buyer for any loss or damage Buyer incurs, which is caused by storing or using Products in a manner not in conformance with to the instructions provided in Exhibit A, attached hereto.
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Guarantee and Claim. 10.1 The guarantee period refers to five years as from the date of signing the Preliminary Acceptance Certificate of each set of contract equipment (signing the Final Acceptance Certificate). The guarantee period shall be pursuant to chapter 9 and chapter 10. 10.2 The Seller shall guarantee that the supplied contract equipment is completely new with advanced and mature technology and fine quality, and the model selection of the equipment conforms to the requirements of safety, reliability, economic operation and easy maintenance. The Seller shall guarantee that the technical data delivered according to the Appendix 3 is complete, uniform, correct and accurate in contents and can meet the design, installation, debugging, operation and maintenance requirements of the contract equipment. The Seller’s guarantee period for each set of equipment shall last until the issue of the Final Acceptance Certificate by the Buyer. 10.3 In case of replacement needed, the seller shall bear all costs incurred until the replacement at site is completed. The replacement or repair shall be made within 15 days (within 30 days for the outsourced parts) upon when it is proved to be the fault of the seller, or else, it shall be subject to Paragraph 10.
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Related to Guarantee and Claim

  • GUARANTEE AND INDEMNITY The Guarantor irrevocably and unconditionally guarantees and undertakes to the Beneficiary to procure that the Supplier duly and punctually performs all of the Guaranteed Obligations now or hereafter due, owing or incurred by the Supplier to the Beneficiary. The Guarantor irrevocably and unconditionally undertakes upon demand to pay to the Beneficiary all monies and liabilities which are now or at any time hereafter shall have become payable by the Supplier to the Beneficiary under or in connection with the Guaranteed Agreement or in respect of the Guaranteed Obligations as if it were a primary obligor. If at any time the Supplier shall fail to perform any of the Guaranteed Obligations, the Guarantor, as primary obligor, irrevocably and unconditionally undertakes to the Beneficiary that, upon first demand by the Beneficiary it shall, at the cost and expense of the Guarantor: fully, punctually and specifically perform such Guaranteed Obligations as if it were itself a direct and primary obligor to the Beneficiary in respect of the Guaranteed Obligations and liable as if the Guaranteed Agreement had been entered into directly by the Guarantor and the Beneficiary; and as a separate and independent obligation and liability, indemnify and keep the Beneficiary indemnified against all losses, damages, costs and expenses (including VAT thereon, and including, without limitation, all court costs and all legal fees on a solicitor and own client basis, together with any disbursements,) of whatever nature which may result or which such Beneficiary may suffer, incur or sustain arising in any way whatsoever out of a failure by the Supplier to perform the Guaranteed Obligations save that, subject to the other provisions of this Deed of Guarantee, this shall not be construed as imposing greater obligations or liabilities on the Guarantor than are purported to be imposed on the Supplier under the Guaranteed Agreement. As a separate and independent obligation and liability from its obligations and liabilities under Clauses 2.1 to 2.3 above, the Guarantor as a primary obligor irrevocably and unconditionally undertakes to indemnify and keep the Beneficiary indemnified on demand against all losses, damages, costs and expenses (including VAT thereon, and including, without limitation, all legal costs and expenses), of whatever nature, whether arising under statute, contract or at common law, which such Beneficiary may suffer or incur if any obligation guaranteed by the Guarantor is or becomes unenforceable, invalid or illegal as if the obligation guaranteed had not become unenforceable, invalid or illegal provided that the Guarantor's liability shall be no greater than the Supplier's liability would have been if the obligation guaranteed had not become unenforceable, invalid or illegal.

  • Guarantee and Collateral Agreement By executing and delivering this Assumption Agreement, the Additional Grantor, as provided in Section 8.14 of the Guarantee and Collateral Agreement, hereby becomes a party to the Guarantee and Collateral Agreement as a Grantor thereunder with the same force and effect as if originally named therein as a Grantor and, without limiting the generality of the foregoing, hereby expressly assumes all obligations and liabilities of a Grantor thereunder. The information set forth in Annex 1-A hereto is hereby added to the information set forth in the Schedules to the Guarantee and Collateral Agreement. The Additional Grantor hereby represents and warrants that each of the representations and warranties contained in Section 4 of the Guarantee and Collateral Agreement is true and correct on and as the date hereof (after giving effect to this Assumption Agreement) as if made on and as of such date.

  • Guarantee and Security Agreement The Guarantee and Security Agreement, duly executed and delivered by each of the parties to the Guarantee and Security Agreement.

  • Credit Agreement; Guarantee and Collateral Agreement The Administrative Agent shall have received (i) this Agreement, executed and delivered by the Administrative Agent, Holdings, the Borrower and each Person listed on Schedule 1.1A and (ii) the Guarantee and Collateral Agreement, executed and delivered by Holdings, the Borrower and each Subsidiary Guarantor.

  • Guarantee Agreement By executing and delivering this Assumption Agreement, the Successor Guarantor, as provided in Section 3.12 of the Guarantee Agreement, hereby becomes a party to the Guarantee Agreement as a Guarantor thereunder with the same force and effect as if originally named therein as a Guarantor and, without limiting the generality of the foregoing, hereby expressly assumes all obligations and liabilities of a Guarantor thereunder.