Common use of Guarantees and indemnifications Clause in Contracts

Guarantees and indemnifications. 7.1 The Contractor guarantees that the Products to be delivered, including the potential installation or assembly of the same, and/or the Services to be supplied or performed comply in full with the Contract, are free from defects, dispose of any and all characteristics that were promised and are completely suitable for the purpose for which they are meant. In this respect the Contractor also guarantees that the Products to be delivered are ready for use and ensures that, inter alia, any and all parts, auxiliary materials, utensils, tools, spare parts, technical documentation, certificates, user instructions and instruction booklets for the realisation of the use intended by DEKMANTEL are also delivered, also if they are not specifically mentioned. 7.2 The Contractor guarantees with regard to the delivered Products and potential thereto- pertaining materials and Tools and/or with regard to the supplied or performed Services and potential members of staff and/or (other) third parties hired for the performance of the Contract to comply with any and all (semi-)statutory rules, including but not limited to the working conditions legislation and export legislation and regulations, regulations of the Netherlands Food and Consumer Product Safety Authority (and, inter alia, the HACCP standards), any and all contributions regarding national and employee insurance schemes and any and all taxes, in particular the payroll and turnover taxes, and other official rules as well as any and all safety, quality and environmental standards reasonably imposed and used within the industry or shall comply with the same within the relevantly applicable (statutory) payment term(s), as well as the applicable privacy legislation and regulations (including the General Data Protection Regulation; GDPR) in connection with the processing of personal data within the framework of the execution of the Contract and/or Agreement. 7.3 The Contractor indemnifies DEKMANTEL against any and all claims of third parties (including employees and/or clients of DEKMANTEL) for recovery of damages that derive from or are related to the failing, incomplete and/or late compliance with the said rules and against any and all officially imposed penalties in connection therewith. In addition, the Contractor indemnifies DEKMANTEL against any and all claims of third parties against recovery for damages as a result of shortcomings in the delivered Products and/or the supplied Services, including defective safety of the same, as also against recovery for damages as a result of an act of the Contractor or by members of staff and/or (other) third parties (including potential sub-contractors) hired by the same for compliance with the Contract. 7.4 The Contractor guarantees to exclusively dispose of any and all rights that are granted and/or transferred to DEKMANTEL by the Contractor pursuant to the Contract and to be authorised to enter into the Contract. The Contractor also guarantees that the delivered Products and/or the supplied Services are unencumbered and free from attachments and that they do not infringe an intellectual or industrial property right of third parties or are otherwise unlawful. The Contractor indemnifies DEKMANTEL against any and all claims of third parties in connection therewith. 7.5 If delivered Products and/or supplied Services do not appear to comply with the provisions set forth in this article then DEKMANTEL shall also be entitled to terminate the Contract with immediate effect (out of court) and/or to cancel it in accordance with the provisions of Article 16, unless it opts for remedy or replacement of the Products and/or Services, in which instance the Contractor must, on demand of DEKMANTEL and at the discretion of the latter, repair or replace the Products and/or the Services as soon as possible at its own risk and expense, all without prejudice to DEKMANTEL' right to suspension, settlement and compensation for damages of any kind.

Guarantees and indemnifications. 7.1 The Contractor guarantees that the Products to be delivered, including the potential installation or assembly of the same, and/or the Services to be supplied or performed comply in full with the Contract, are free from defects, dispose of any and all characteristics that were promised and are completely suitable for the purpose for which they are meant. In this respect the Contractor also guarantees that the Products to be delivered are ready for use and ensures that, inter alia, any and all parts, auxiliary materials, utensils, tools, spare parts, technical documentation, certificates, user instructions and instruction booklets for the realisation of the use intended by DEKMANTEL KABINET EVENTS are also delivered, also if they are not specifically mentioned. 7.2 The Contractor guarantees with regard to the delivered Products and potential thereto- pertaining materials and Tools and/or with regard to the supplied or performed Services and potential members of staff and/or (other) third parties hired for the performance of the Contract to comply with any and all (semi-)statutory rules, including but not limited to the working conditions legislation and export legislation and regulations, regulations of the Netherlands Food and Consumer Product Safety Authority (and, inter alia, the HACCP standards), any and all contributions regarding national and employee insurance schemes and any and all taxes, in particular the payroll and turnover taxes, and other official rules as well as any and all safety, quality and environmental standards reasonably imposed and used within the industry or shall comply with the same within the relevantly applicable (statutory) payment term(s), as well as the applicable privacy legislation and regulations (including the General Data Protection Regulation; GDPR) in connection with the processing of personal data within the framework of the execution of the Contract and/or Agreement. 7.3 The Contractor indemnifies DEKMANTEL KABINET EVENTS against any and all claims of third parties (including employees and/or clients of DEKMANTELKABINET EVENTS) for recovery of damages that derive from or are related to the failing, incomplete and/or late compliance with the said rules and against any and all officially imposed penalties in connection therewith. In addition, the Contractor indemnifies DEKMANTEL KABINET EVENTS against any and all claims of third parties against recovery for damages as a result of shortcomings in the delivered Products and/or the supplied Services, including defective safety of the same, as also against recovery for damages as a result of an act of the Contractor or by members of staff and/or (other) third parties (including potential sub-contractors) hired by the same for compliance with the Contract. 7.4 The Contractor guarantees to exclusively dispose of any and all rights that are granted and/or transferred to DEKMANTEL KABINET EVENTS by the Contractor pursuant to the Contract and to be authorised to enter into the Contract. The Contractor also guarantees that the delivered Products and/or the supplied Services are unencumbered and free from attachments and that they do not infringe an intellectual or industrial property right of third parties or are otherwise unlawful. The Contractor indemnifies DEKMANTEL KABINET EVENTS against any and all claims of third parties in connection therewith. 7.5 If delivered Products and/or supplied Services do not appear to comply with the provisions set forth in this article then DEKMANTEL KABINET EVENTS shall also be entitled to terminate the Contract with immediate effect (out of court) and/or to cancel it in accordance with the provisions of Article 16, unless it opts for remedy or replacement of the Products and/or Services, in which instance the Contractor must, on demand of DEKMANTEL KABINET EVENTS and at the discretion of the latter, repair or replace the Products and/or the Services as soon as possible at its own risk and expense, all without prejudice to DEKMANTELKABINET EVENTS' right to suspension, settlement and compensation for damages of any kind.

Guarantees and indemnifications. 7.1 The Contractor guarantees that the Products to be delivered, including the potential installation or assembly of the same, and/or the Services to be supplied or performed comply in full with the Contract, are free from defects, dispose of any and all characteristics that were promised and are completely suitable for the purpose for which they are meant. In this respect the Contractor also guarantees that the Products to be delivered are ready for use and ensures that, inter alia, any and all parts, auxiliary materials, utensils, tools, spare parts, technical documentation, certificates, user instructions and instruction booklets for the realisation of the use intended by DEKMANTEL are also delivered, also if they are not specifically mentioned. 7.2 The Contractor guarantees with regard to the delivered Products and potential thereto- pertaining materials and Tools and/or with regard to the supplied or performed Services and potential members of staff and/or (other) third parties hired for the performance of the Contract to comply with any and all (semi-)statutory rules, including but not limited to the working conditions legislation and export legislation and regulations, regulations of the Netherlands Food and Consumer Product Safety Authority (and, inter alia, the HACCP standards), any and all contributions regarding national and employee insurance schemes and any and all taxes, in particular the payroll and turnover taxes, and other official rules as well as any and all safety, quality and environmental standards reasonably imposed and used within the industry or shall comply with the same within the relevantly applicable (statutory) payment term(s), as well as the applicable privacy legislation and regulations (including the General Data Protection Regulation; GDPR) in connection with the processing of personal data within the framework of the execution of the Contract and/or Agreement. 7.3 The Contractor indemnifies DEKMANTEL against any and all claims of third parties (including employees and/or or clients of DEKMANTEL) for recovery of damages that derive from or are related to the failing, incomplete and/or late compliance with the said rules and against any and all officially imposed penalties in connection therewith. In addition, the Contractor indemnifies DEKMANTEL against any and all claims of third parties against recovery for damages as a result of shortcomings in the delivered Products and/or the supplied Services, including defective safety of the same, as also against recovery for damages as a result of an act of the Contractor or by members of staff and/or (other) third parties (including potential sub-contractors) hired by the same for compliance with the Contract. 7.4 The Contractor guarantees to exclusively dispose of any and all rights that are granted and/or transferred to DEKMANTEL by the Contractor pursuant to the Contract and to be authorised to enter into the Contract. The Contractor also guarantees that the delivered Products and/or the supplied Services are unencumbered and free from attachments and that they do not infringe an intellectual or industrial property right of third parties or are otherwise unlawful. The Contractor indemnifies DEKMANTEL against any and all claims of third parties in connection therewith. 7.5 If delivered Products and/or supplied Services do not appear to comply with the provisions set forth in this article then DEKMANTEL shall also be entitled to terminate the Contract with immediate effect (out of court) and/or to cancel it in accordance with the provisions of Article 16set forth in article 16 with immediate effect, unless it opts for remedy or replacement of the Products and/or Services, in which instance the Contractor must, on demand of DEKMANTEL and at the discretion of the latter, repair or replace the Products and/or the Services as soon as possible at its own risk and expense, all without prejudice to DEKMANTEL' the right of DEKMANTEL to suspension, settlement and claim compensation for damages damages, of any kindnature whatsoever.

Guarantees and indemnifications. 7.1 The Contractor guarantees that the Products to be delivered, including the potential installation or assembly of the same, and/or the Services to be supplied or performed comply in full with the Contract, are free from defects, dispose of any and all characteristics that were promised and are completely suitable for the purpose for which they are meant. In this respect the Contractor also guarantees that the Products to be delivered are ready for use and ensures that, inter alia, any and all parts, auxiliary materials, utensils, tools, spare parts, technical documentation, certificates, user instructions and instruction booklets for the realisation of the use intended by DEKMANTEL KABINET EVENTS are also delivered, also if they are not specifically mentioned. 7.2 The Contractor guarantees with regard to the delivered Products and potential thereto- pertaining materials and Tools and/or with regard to the supplied or performed Services and potential members of staff and/or (other) third parties hired for the performance of the Contract to comply with any and all (semi-)statutory rules, including but not limited to the working conditions legislation and export legislation and regulations, regulations of the Netherlands Food and Consumer Product Safety Authority (and, inter alia, the HACCP standards), any and all contributions regarding national and employee insurance schemes and any and all taxes, in particular the payroll and turnover taxes, and other official rules as well as any and all safety, quality and environmental standards reasonably imposed and used within the industry or shall comply with the same within the relevantly applicable (statutory) payment term(s), as well as the applicable privacy legislation and regulations (including the General Data Protection Regulation; GDPR) in connection with the processing of personal data within the framework of the execution of the Contract and/or Agreement. 7.3 The Contractor indemnifies DEKMANTEL KABINET EVENTS against any and all claims of third parties (including employees and/or or clients of DEKMANTELKABINET EVENTS) for recovery of damages that derive from or are related to the failing, incomplete and/or late compliance with the said rules and against any and all officially imposed penalties in connection therewith. In addition, the Contractor indemnifies DEKMANTEL KABINET EVENTS against any and all claims of third parties against recovery for damages as a result of shortcomings in the delivered Products and/or the supplied Services, including defective safety of the same, as also against recovery for damages as a result of an act of the Contractor or by members of staff and/or (other) third parties (including potential sub-contractors) hired by the same for compliance with the Contract. 7.4 The Contractor guarantees to exclusively dispose of any and all rights that are granted and/or transferred to DEKMANTEL KABINET EVENTS by the Contractor pursuant to the Contract and to be authorised to enter into the Contract. The Contractor also guarantees that the delivered Products and/or the supplied Services are unencumbered and free from attachments and that they do not infringe an intellectual or industrial property right of third parties or are otherwise unlawful. The Contractor indemnifies DEKMANTEL KABINET EVENTS against any and all claims of third parties in connection therewith. 7.5 If delivered Products and/or supplied Services do not appear to comply with the provisions set forth in this article then DEKMANTEL KABINET EVENTS shall also be entitled to terminate the Contract with immediate effect (out of court) and/or to cancel it in accordance with the provisions of Article 16set forth in article 16 with immediate effect, unless it opts for remedy or replacement of the Products and/or Services, in which instance the Contractor must, on demand of DEKMANTEL KABINET EVENTS and at the discretion of the latter, repair or replace the Products and/or the Services as soon as possible at its own risk and expense, all without prejudice to DEKMANTEL' the right of KABINET EVENTS to suspension, settlement and claim compensation for damages damages, of any kindnature whatsoever.