GUARANTEES AND LIABILITIES Clause Samples
The Guarantees and Liabilities clause defines the obligations and responsibilities each party assumes regarding the quality, performance, or outcome of goods or services provided under the agreement. It typically outlines any warranties made by the parties, the extent of liability for damages or losses, and any limitations or exclusions of liability, such as caps on damages or disclaimers for indirect losses. This clause serves to allocate risk between the parties, ensuring that each understands the extent of their commitments and the potential consequences of a breach, thereby reducing uncertainty and potential disputes.
GUARANTEES AND LIABILITIES. IAE warrants to AAH that, at the time of delivery, the Supplies sold hereunder will be free of defects in material and manufacture, and will conform in all material respects to IAE’s applicable specifications and rules and regulations of the Certification Authority. IAE’s liability and AAH’s remedies under this warranty are limited to the repair or replacement, at IAE’s election, of Supplies or portions thereof returned to IAE at the place so instructed by IAE which are shown to IAE’s reasonable satisfaction to have been defective; provided, that written notice of the defect shall have been given by AAH to IAE within ninety (90) days after the first operation or use of such Supplies or within thirty (30) days after the defect has become apparent (or if the Supplies are installed in new Aircraft, within ninety (90) days after acceptance of such Aircraft by its first operator) but in no event later than one (1) year after the date of delivery of such Supplies by IAE. Transportation charges for the return of Supplies to IAE pursuant to this Clause 4.1 and their reshipment to AAH and the risk of loss thereof will be borne by IAE provided the Supplies are returned in accordance with written shipping instructions from IAE and are defective and provided that IAE shall have provided such written shipping instructions promptly.
GUARANTEES AND LIABILITIES. Operational Acceptance Time Guarantee (GCC Clause 28)
GUARANTEES AND LIABILITIES. 26 COMPLETION TIME GUARANTEE & DELAYS
26.1 The Supplier guarantees that it shall attain Acceptance of the Deliverables within the specified Time for Acceptance pursuant to Sub-Clause 8.2, or within such extended time to which the Supplier is entitled under Clause 38 hereof.
26.2 If the Supplier fails to attain Acceptance of the Deliverables within the Time for Acceptance or any extension thereof under Clause 39, the Supplier shall pay to HPC liquidated damages as specified herein in Clause 27. Such payment shall completely satisfy the Supplier's obligation to attain Acceptance of the Deliverables within the Time for Acceptance or any extension thereof under Clause 39. The Supplier shall have no further liability whatsoever to HPC in respect of delay. However, the payment of liquidated damages shall not in any way relieve the Supplier from any of its obligations to complete the Works or from any other obligations and liabilities of the Supplier under the Contract.
26.3 For the avoidance of any doubt, the Supplier shall not be entitled to any bonus for early completion of the Works or part thereof.
GUARANTEES AND LIABILITIES. Each party states and guarantees to have full powers for entering into this Agreement. TRAM is the legitimate owner of the databases that operate with the contents of Open Data object of this document. TRAM does not guarantee the integrity, updating, accuracy and continuity of access to the Open Data. TRAM shall not be held liable for any error or omission contained in the information object of this Agreement. TRAM reserves the right to, at any time, add, delete or modify the content and/or these general conditions. These changes shall be communicated via TRAM’s Open Data portal and shall take effect as of the day they are published, unless stated otherwise. The DEVELOPER shall have to update and adapt its system in order to correctly apply the modifications introduced. The use of the sets of data shall be carried out by the DEVELOPER at its own cost and risk, and the latter shall also be solely responsible before TRAM and/or third parties for any damage that may arise from such use. TRAM shall not be liable for the DEVELOPER’s use of its information, nor for the damages and losses which, directly or indirectly, cause or may cause economic or material losses or regarding other issues caused by the use of the reused information.
GUARANTEES AND LIABILITIES. If any project or work completed by us results in loss to you, Small Business Solutions NC will suffer no liability. In the event of an error in the completed task, it will be corrected by Small Business Solutions NC, without any further charges. Small Business Solutions NC works to achieve a high level of quality, however due to the varied nature of the work, we offer no guarantees that work completed will satisfy the clients expectation of quality or time taken to complete. Refunds will only be offered based on the quality and time expectation set forth by Small Business Solutions NC Management and not by the client. GOVERNING LAW All questions concerning the construction, validity, enforcement and interpretation of this Agreement shall be governed by and construed and enforced in accordance with the internal laws of the State of North Carolina, without regard to the principles of conflicts of law thereof. Each party agrees that all Proceedings concerning the interpretations, enforcement and defense of the transactions contemplated by this Agreement (whether brought against a party hereto or its respective affiliates, directors, officers, shareholders, employees or agents) shall be commenced exclusively in the state and federal courts sitting in the State of NC. Each party hereto hereby irrevocably submits to the exclusive jurisdiction of the state and federal courts sitting in the State of North Carolina.
GUARANTEES AND LIABILITIES. GCC 25.2 Liquidated damages shall be assessed at 0.5% per week. The maximum liquidated damages are 5% of the Contract Price, or relevant part of the Contract Price if the liquidated damages apply to a Subsystem. GCC 25.3 Liquidated damages shall be assessed only with respect to achieving Operational Acceptance. GCC 25.6 The Warranty and Maintenance Period shall begin from the date of Operational Acceptance of any new installed system or subsystem and extend for thirty six (36) months and the additional two years that may be renewed upon satisfactory performance and requirements.
GUARANTEES AND LIABILITIES. 19.1 The Contractor guarantees that it shall complete the supply of the DDC Systems within the period specified in this agreement.
19.2 If the Contractor fails to supply, deliver or meet the Technical Requirements within the time specified in this Agreement, the Contractor’s guarantee shall be forfeit and the Contractor shall pay to the Commission liquidated damages, after 3 days grace, at 1 percent per day delay of the contract value as defined in section 5.3.
GUARANTEES AND LIABILITIES. The Parties do not take on any obligation in addition to those set forth by this Agreement and do not provide any guarantee regarding the services made or due stemming from the same also with regards to the outcome of said services or their compliance with a specific purpose. The Parties do not provide any guarantee with regards to the completeness or correctness of the information, documents and data exchanged and/or transferred. The Parties, except as set forth herein, shall have no liability arising from the use of the acquired information.