Common use of Guarantee/Warranty Clause in Contracts

Guarantee/Warranty. The tenderer would give comprehensive onsite warranty / guarantee that the goods / stores / articles would continue to conform to the description and quality as specified for a period of (one year for non stationary items & 03 months for stationary items) from the date of delivery of the said goods/stores/articles to be purchased and that notwithstanding the fact that the purchaser may have inspected and/or approved the said goods/stores/article, if during the aforesaid period of one year, the said goods/stores/articles, be discovered not to conform to the description and quality aforesaid or have determined (and the decision of the Purchase Committee in that behalf will be final and conclusive), the purchaser will be entitled to reject the said goods/stores/articles or such portion thereof as may be discovered not to conform to the said description and quality, on such rejection the goods/articles/stores will be at the supplier’s risk and all the provisions relating to rejection of goods etc. shall apply.  The tenderer shall, if so called upon to do, replace the goods etc., or such portion thereof as is rejection by Purchase Committee, otherwise the tenderer shall pay such damage as may arise by the reason of the breach of the condition herein contained. Nothing herein contained shall prejudice any other right of the Purchase Committee in that behalf under this contract or otherwise.  The tenderer shall also replace machinery and equipments, in case it is found defective which cannot be put to operation due to manufacturing defect, etc. In case of machinery and equipment specified by the purchase Committee, the tenderer shall be responsible from carrying out annual maintenance and repairs on the terms and conditions as may be agreed. The tenderer shall also be responsible to ensure adequate regular supply of spare parts needed for a specific type of machinery and equipments whether under their annual maintenance and repairs rate contract or otherwise. In case of change of model he will give sufficient notice to the Purchase Committee who may like to purchase spare parts from them to maintain the machinery and equipments in perfect condition.  The firm must have a representative office in Timergara/Swat/Peshawar/Islamabad/Lahore, which can be contacted in case of any problem encountered during the working of equipment(s).

Guarantee/Warranty. The tenderer would give comprehensive onsite warranty / guarantee that Seller is liable only for defects in the goods, which appear under the conditions of operation provided for in the Contract and under proper use of the goods. Since the Seller has no control or knowledge under which conditions the goods / stores / articles would continue to conform to are operated or stored by the description Purchaser, no warranty is given for the time period during which the goods remain in accordance with the technical specifications. The Seller's liability does not cover defects which are caused by faulty maintenance, incorrect erection or faulty repair by the Purchaser, or by alterations carried out without the Seller's consent in writing. Seller's liability does not cover normal wear and quality as specified for a period tear or deterioration. Seller shall free of (one year for non stationary items & 03 charge either repair or, at its option, replace defective goods where the defects appear under proper use within 12 months for stationary items) from the date of delivery, provided that (i) notice in writing describing the defects complained of shall be given to the Seller within fourteen (14) days after their appearance; and (ii) such defects shall be found to the Seller’s reasonable satisfaction to have arisen from the Seller’s faulty design, workmanship or materials; and (iii) the defective goods shall be returned to the Seller’s factory at the Purchaser’s expense. The Purchaser shall at his own expense arrange for any dismantling and reassembly of equipment other than the goods, to the extent that this is necessary to remedy the defect. Any repaired or replaced goods shall be redelivered by the Seller free of charge to the original point of delivery but otherwise in accordance with and subject to these General Conditions save that the period of twelve (12) months shall be replaced by the unexpired portion of that period only. The Seller shall be free of any liability to the Purchaser whether contractual, tortuous or otherwise for defects in the goods or for any loss or damage to or caused by the goods, in particular, but without limitation of the said goods/stores/articles to be purchased foregoing, loss of production, loss of profit and that notwithstanding the fact that the purchaser may have inspected and/or approved the said goods/stores/article, if during the aforesaid period of one year, the said goods/stores/articles, be discovered not to conform to the description and quality aforesaid or have determined (and the decision of the Purchase Committee in that behalf will be final and conclusive), the purchaser will be entitled to reject the said goods/stores/articles or such portion thereof as may be discovered not to conform to the said description and quality, on such rejection the goods/articles/stores will be at the supplier’s risk and all the provisions relating to rejection of goods etc. shall apply.  The tenderer shall, if so called upon to do, replace the goods etcother indirect loss., or such portion thereof as is rejection by Purchase Committee, otherwise the tenderer shall pay such damage as may arise by the reason of the breach of the condition herein contained. Nothing herein contained shall prejudice any other right of the Purchase Committee in that behalf under this contract or otherwise.  The tenderer shall also replace machinery and equipments, in case it is found defective which cannot be put to operation due to manufacturing defect, etc. In case of machinery and equipment specified by the purchase Committee, the tenderer shall be responsible from carrying out annual maintenance and repairs on the terms and conditions as may be agreed. The tenderer shall also be responsible to ensure adequate regular supply of spare parts needed for a specific type of machinery and equipments whether under their annual maintenance and repairs rate contract or otherwise. In case of change of model he will give sufficient notice to the Purchase Committee who may like to purchase spare parts from them to maintain the machinery and equipments in perfect condition.  The firm must have a representative office in Timergara/Swat/Peshawar/Islamabad/Lahore, which can be contacted in case of any problem encountered during the working of equipment(s).

Guarantee/Warranty. The tenderer would give comprehensive onsite warranty / guarantee that the goods / stores / articles would continue to conform to the description and quality as specified for a period of (one year for non stationary items & 03 months for stationary items) from the date of delivery of the said goods/stores/articles to be purchased and that notwithstanding the fact that the purchaser may have inspected and/or approved the said goods/stores/article, if during the aforesaid period of one year, the said goods/stores/articles, be discovered not to conform to the description and quality aforesaid or have determined (and the decision of the Purchase Committee in that behalf will be final and conclusive), the purchaser will be entitled to reject the said goods/stores/articles or such portion thereof as may be discovered not to conform to the said description and quality, on such rejection the goods/articles/stores will be at the supplier’s risk and all the provisions relating to rejection of goods etc. shall apply.  • The tenderer shall, if so called upon to do, replace the goods etc., or such portion thereof as is rejection by Purchase Committee, otherwise the tenderer shall pay such damage as may arise by the reason of the breach of the condition herein contained. Nothing herein contained shall prejudice any other right of the Purchase Committee in that behalf under this contract or otherwise.  • The tenderer shall also replace machinery and equipments, in case it is found defective which cannot be put to operation due to manufacturing defect, etc. In case of machinery and equipment specified by the purchase Committee, the tenderer shall be responsible from carrying out annual maintenance and repairs on the terms and conditions as may be agreed. The tenderer shall also be responsible to ensure adequate regular supply of spare parts needed for a specific type of machinery and equipments whether under their annual maintenance and repairs rate contract or otherwise. In case of change of model he will give sufficient notice to the Purchase Committee who may like to purchase spare parts from them to maintain the machinery and equipments in perfect condition.  • The firm must have a representative office in Timergara/Swat/Peshawar/Islamabad/Lahore, which can be contacted in case of any problem encountered during the working of equipment(s).