MANUFACTURER PRODUCT WARRANTIES Sample Clauses

MANUFACTURER PRODUCT WARRANTIES. (a) Manufacturer represents, warrants and covenants that: (i) at the time of shipment of all Products hereunder, such Products shall be new with XX XXXXX XXX XXXXXX XXXX remaining prior to the expiration of the "use before" date and shall, unless otherwise agreed in writing by the Parties, meet or exceed all requirements necessary for the CE Marking and all Applicable Laws in the Territory of which Manufacturer is aware or of which Purchaser specifically informs Manufacturer; 1. Notwithstanding any provision of this Agreement, the Parties may agree to shorten or lengthen the warranty periods set forth in Sections 9.1(a)(iii) or (iv) from time to time to reflect competitive factors and if and to the extent required by Applicable Law. Any such change shall be made in compliance with Applicable Laws. (b) In the event of any breach of the foregoing warranties, Manufacturer shall, at its option, reprocess, if feasible, or supply a replacement of, any Products or any components thereof which fail to meet the terms of such warranties at no additional charge to Purchaser and Manufacturer shall be responsible for transportation and insurance costs to ship such reprocessed or replacement Products to Purchaser. Purchaser shall be responsible for transportation and insurance costs to ship any claimed defective Product back to Manufacturer's plant for Manufacturer's review. Manufacturer shall determine at Manufacturer's cost at its factory whether such Product is in fact defective. If Purchaser does not agree with Manufacturer's determination that such Product is not defective, the Parties shall retain an appropriate expert to be mutually agreed fifteen (15) days of Purchaser's receipt of Manufacturer's determination to judge ultimately whether such Product is defective. If the Parties cannot agree on an appropriate expert, each party shall submit two nominations to the AAA within ten (10) days thereafter for the AAA to appoint an appropriate expert from such nominees; provided, however, that the AAA will not administer the proceeding. If either Party does not submit nominations as described above, the AAA shall appoint an expert from the nominees it has received. The determination of the expert will be final and binding on the Parties. The cost for retaining the expert shall be borne by Manufacturer if such Product is judged defective and by Purchaser if such Product is judged not to be defective. Any returned Products shall become the property of Manufacturer. This w...
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MANUFACTURER PRODUCT WARRANTIES 
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Related to MANUFACTURER PRODUCT WARRANTIES

  • Product Warranties Except as set forth in Schedule 3.15, (a) there are no warranties express or implied, written or oral, with respect to the Business and (b) there are no pending or threatened claims with respect to any such warranty, and Seller has no liability with respect to any such warranty, whether known or unknown, absolute, accrued, contingent or otherwise and whether due or to become due.

  • Product Warranty Seller provides general warranties of fitness and general warranties that the goods are free from defects, for 1 year from acceptance of the goods, except as may otherwise be set forth in the Description/Proposal, or other attached warranty.

  • Manufacturer Warranties Prior to the transfer to the Interconnected Transmission Owner of title to the Transmission Owner Interconnection Facilities built by the Interconnection Customer, the Interconnection Customer shall produce documentation satisfactory to the Interconnected Transmission Owner evidencing the transfer to the Interconnected Transmission Owner of all manufacturer warranties for equipment and/or materials purchased by the Interconnection Customer for use and/or installation as part of the Transmission Owner Interconnection Facilities built by the Interconnection Customer.

  • Manufacturer’s Warranties If a Lease Vehicle is covered by a Manufacturer’s warranty, the Lessee, during the Vehicle Term for such Lease Vehicle, shall have the right to make any claims under such warranty that the Lessor could make.

  • Manufacturer’s Warranty The Goods include the manufacturer’s standard limited parts warranty to replace defective parts covered under such warranty exclusive of labor. Labor is warranted by the Elevator Contractor for 90 days following installation. The manufacturer’s parts warranty may require that the Goods be maintained throughout the warranty period by an authorized manufacturer’s representative under a separate maintenance contract. Any warranty is conditioned on written notice to the Elevator Contractor within warranty period and contingent upon receipt of final payment to Elevator Contractor.

  • Manufacturer A firm that operates or maintains a factory or establishment that produces on the premises, the materials or supplies obtained by the Contractor. Regular Dealer - A firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. A regular dealer engages in, as its principal business and in its own name, the purchase and sale or lease of the products in question. A regular dealer in such bulk items as steel, cement, gravel, stone, and petroleum products need not keep such products in stock, if it owns and operates distribution equipment for the products. Brokers and packagers are not regarded as manufacturers or regular dealers within the meaning of this section. United States Department of Transportation (USDOT) - Federal agency responsible for issuing regulations (49 CFR Part 26) and official guidance for the DBE program.

  • Limited Product Warranty Repair or Replacement within 12 years

  • Product Warranty and Product Liability Set forth in Schedule 3.14 of the Disclosure Schedule is a true, correct and complete copy of the Company's standard warranty or warranties for sales of its products.

  • Product and Service Warranties 21- SECTION 3.30

  • Supplier Warranties The warranties made by Supplier with respect to each Product are solely those that are contained in the product insert accompanying such Product. No other affirmation of fact or promise made by Distributor or its Suppliers, whether or not in this Agreement, by words or action shall constitute a warranty. The foregoing warranty does not extend to any Product that is modified or altered, or treated with abuse, negligence or other improper treatment. Standard Limited Warranty. Distributor shall pass on to Subdistributor so that it may pass on to the customers the Supplier’s standard limited warranty for Products, including limitations set for in subsection (b) Limitation of Liability and Warranty below. Except for the stated warranty set forth on, or included with, the Products as delivered to the Subdistributor and /or its customers, the warranty and remedy set forth in this 0 are exclusive and all other warranties, guarantees or representations, express or implied, by Distributor’s Suppliers with respect to the applicable Products, including, without limitation, warranties of merchantability and fitness for particular purpose, and any other obligation or liability of Distributor and its Suppliers to Subdistributor or to any third party with respect to the Products, are hereby excluded. This warranty is contingent upon proper use of a Product in the application for which such Product was intended and does not cover Products that were modified without Distributor or its Supplier’s prior written approval, that have expired or that were subjected to physical, chemical or electrical stress that the products were not originally designed for.

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