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Material and Workmanship Warranty Sample Clauses

Material and Workmanship Warranty. The Seller hereby warrants that the Supplies will be free from defects in material and workmanship for a period of one (1) year from the date of acceptance of the Supplies by the Buyer or fifteen (15) months from the date the Supplies are put in their final location in the Buyer's vault if the Acceptance Date is delayed at the Buyer's request or through the Buyer's fault, whichever period is shorter: provided, however, that this warranty shall not apply to ion source stamped cathodes and chimneys, puller electrodes, air filters, targets, oil for the vacuum pumps, demineralizing column, gas bottles (H2 for the ion source, N2 for venting,...), and other consumables; that the Seller makes no warranty with respect to failures notified after the warranty period or failures during operation without logging or failures due to alteration, misapplications, abuse, abnormal conditions of temperature, dirt, corrosive matter, maintenance not carried out according to the Seller's instructions, lack of trained personnel for maintenance, operation above rated capacities either intentional or otherwise, or in an otherwise improper manner or physical damage caused by persons other than employees or agents of the Seller; that the Seller's sole liability under valid warranty regarding claims for defects in material and workmanship is limited, at the option of the Seller, to repair or replacement of the defective parts; that with respect to components purchased by the Seller for incorporation into the Supplies essentially without modification, the Seller makes no warranties of its own but assigns to the Buyer the full warranty extended to the Seller as part of the original purchase of the component. If, due to a fault of the Seller, the Supplies have not passed the Acceptance Tests by _____________, the Seller's warranty shall start and be in effect until _________________. The Seller shall bear the cost and risk of loss during transport of (i) any defective part or components being returned to the Seller's factory with the Seller's agreement and (ii) any repaired or replacement item being returned to the Buyer. Products or parts returned without the agreement of the Seller shall be at the Buyer's sole risk and expense. The Seller shall bear any personnel costs incurred in connection with the fulfillment of the Seller's obligations under this warranty. The foregoing warranties are exclusive and are given and accepted in lieu of all other warranties of quality written or oral, ...
Material and Workmanship Warranty. ‌ SixFive hereby warrants that the Supplies will be free from defects in material and workmanship for a period of one (1) year from the Installation Date of the Supplies by the Buyer or fifteen (15) months from the date the Supplies are delivered to the port of entry if the installation is delayed at the Buyer’s request or through the Buyer's fault, whichever period is shorter. An extended warranty for a period of ten (10) years from the Installation Date applies to all steel components including galvanized steel structure, galvanized steel guard rails, galvanized steel stair components, galvanized steel ramps, galvanized or electro-painted steel floor and roof panels, and galvanized steel media and disabled platforms. An extended warranty for a period of five (5) years from the Installation Date applies to all plastic seats, media desks, windows, and flooring. Fading of plastic seats due to exposure to UV light over time is excluded from the extended warranty. SixFive shall bear the cost and risk of loss during transport of (i) any defective part or components being returned to SixFive’s factory with SixFive’s agreement and (ii) any repaired or replacement item being returned to the Buyer. Products or parts returned without the agreement of SixFive shall be at the Buyer’s sole risk and expense. SixFive shall bear any personnel costs incurred in connection with the fulfillment of SixFive’s obligations under this warranty. All warranties exclude damage due to negligence, failure to properly maintain the modular stadium components, or normal wear and tear. The foregoing warranties are exclusive and are given and accepted in lieu of all other warranties of quality written or oral, express, or implied, and all other warranties are hereby disclaimed. The warranty certificate will be issued only after all amounts due under this Agreement have been paid in full. Failure to comply with the payment requirements under this Agreement will void the warranty.‌
Material and Workmanship Warranty. (i) Basin accepts the Material with the knowledge that it is biological material and is provided without warranty other than the limited warranty stated herein; (ii) Xxxx warrants that the Material shall (1) be active upon delivery, (2) be free from hazardous or toxic substances (except for the Material itself), and (3) comply with all applicable written specifications (whether such specifications are attached to this Agreement or are otherwise provided by Xxxx either prior to or contemporaneously with the delivery of such Material (such specifications in each case, the CERTAIN MATERIAL (INDICATED BY AN ASTERISK) HAS BEEN OMITTED FROM THIS DOCUMENT PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT. THE OMITTED MATERIAL HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. “Specifications”)). If any Material is not active upon delivery, fails to be free from hazardous or toxic substances (except for the Material itself) or does not comply with the applicable Specifications, Basin shall notify Xxxx and Xxxx will replace such Material at no cost to Basin; (iii) The foregoing Material replacement warranty is Basin’s sole and exclusive remedy for any breach of this limited warranty and is in lieu of all other warranties of merchantability, of fitness for a particular purpose or of any other warranty, whether express or implied; (iv) Notwithstanding the above, Xxxx shall have no obligation as a result of improper storage, handling, application or maintenance of Materials after it has been delivered to the Basin.
Material and Workmanship WarrantyLandlord shall warrant all materials and workmanship provided in the Improvements to be free of defects in materials, workmanship or installation, under conditions of normal use, until the expiration of the first Lease Year, or for such longer period as may be obtainable by Landlord from its contractors, subcontractors or vendors furnishing same. Any repairs required for elements covered under the foregoing warranty shall be made by Landlord, as provided in the Lease, and shall not be includable as Direct Expenses. In connection with the foregoing, Landlord shall provide all new HVAC equipment which shall be manufactured by reputable vendors such as, but not limited to Trane, Carrier and XxXxxx. EXHIBIT C-1CONSTRUCTION SCOPE PROFILE ---------------------------- ----------------------------------------------------------- -------------------------------------- PROVIDED PROVIDED BY LANDLORD IN TENANT BY LANDLORD IN BASE BUILDING IMPROVEMENT DEFINITION ---------------------------- ----------------------------------------------------------- -------------------------------------- 1. CEILING Install Insulation Drop Ceiling allowance: $12,500. Specification: Color: White Rating: R19 Clean and paint bar joists ---------------------------- ----------------------------------------------------------- -------------------------------------- 2. LIGHT Purchase and install low bay fixtures on a 16 x 18 grid Purchase and install exit lights = FIXTURES Fixture specification 250-watt metal halide. 30 quantity Assumed quantity 200 Foot-candle = 25 Emergency lights = 50 quantity Mounting height = 14' Purchase and install lay in fixtures Fixture specification: Lithonia or comparable 2'x4', 18 cell, 3 lamp, parabolic, 277v, energy saving fixture w/ 3 energy saving lamps Assumed quantity 100 Exterior Light = 20 wall pack 250 xxxx XX fixtures around perimeter Lighting Allowance - $1.85 psf ---------------------------- ----------------------------------------------------------- -------------------------------------- 3. LIGHT Install to service requirement noted in section 2 Install to service requirement noted SWITCHES in section 2 ---------------------------- ----------------------------------------------------------- -------------------------------------- 4. ELECTRICAL Miscellaneous Power: Provide 2 weatherproof outlets on Cubicle power: Provide 90, 3/4 conduit OUTLETS each exterior wall and 8 on roof. drops with 3 circuits to 4x4 box for cubicle base feeds. Includes a neutral for...
Material and Workmanship Warranty. Every SUMITOMO brand radial tire is warranted against defects in workmanship and materials for the life of the original useable tread. The original useable tread is defined as the total original tread depth less 2/32”. Tires with 2/32” or less remaining tread depth in any groove are considered worn out by the U.S.
Material and Workmanship Warranty. 8 Years / Unlimited Mileage Coverage to include all materials, components and workmanship of the Battery Pack to be free of defects.

Related to Material and Workmanship Warranty

  • Workmanship Warranty Contract warrants that all components or deliverables specified and furnished by or through Contractor under the Project Definition/Work Order meet the completion criteria set forth in the Project Definition/Work Order and any subsequent statement(s) of work, and that services will be provided in a workmanlike manner in accordance with industry standards.

  • MATERIALS AND WORKMANSHIP (a) All equipment, material, and articles incorporated into the work covered by this Agreement shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this Agreement. (b) Seller shall obtain Company approval of the machinery and mechanical and other equipment to be incorporated into the work. When required by Company, Seller shall also obtain Company's approval of the material or articles which Seller contemplates incorporating into the work. When so directed, Seller shall submit samples for approval at Seller's expense. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection. (c) References in the specifications or drawings to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. Seller may, with Company's written approval, use any equipment, material, article, or process that is equal to that specified, unless the words "No Substitution" follow the listing of the item in the specifications or drawings. Unless otherwise agreed, modifications due to use of “or equal” supplies, is at Seller’s expense. (d) All work under this Agreement shall be performed in a skillful and workmanlike manner. Company may require, in writing, Seller to remove from the work any employee Company deems incompetent, careless, or otherwise objectionable.

  • Quality of Materials and workmanship The Contractor shall ensure that the Construction, Materials and workmanship are in accordance with the requirements specified in this Agreement, Specifications and Standards and Good Industry Practice.

  • Workmanship All work under this Agreement shall be performed in a safe manner to a professional standard. The goal of performance under this Agreement is the suppression of wildland fire and other emergency incident responses. The Incident Commander may release from an incident assignment any Contractor employee deemed incompetent, careless, or otherwise objectionable including violation of Harassment Free Workplace Policy. It will be left to the discretion of the Incident Commander to demobilize an entire resource or to allow replacement of the noncompliant personnel. Documentation of the rationale for release will be provided to the CO subsequent to the action. Accordingly, the Contracting Officer may require, in writing, the Contractor remove from use under this Agreement, any employee found incompetent, careless, or otherwise objectionable including violation of Harassment Free Workplace Policy. The Contracting Officer may require other proof of mitigation. Misconduct may result in cancellation of this Agreement. If an employee or crew is terminated, quits, or otherwise is released from the incident for any reason, the Contractor is responsible for returning the employee(s) to the point of hire with a departure time from the Incident Command Post (ICP) no later than 12 hours or time specified by a government official following such decision. The Contractor may, at their discretion, provide such transportation, or request the Incident Management Team (IMT) to arrange for the transportation with all transportation costs deducted from Contractor's payment. If the Contractor does not act in a timely manner (i.e., Contractor's employee(s) not departing from the ICP for return to point of hire within the specified time period), the IMT has authority to transport said employee or arrange for employee's transportation and to deduct all such transportation costs from Contractor's payment.

  • WORKMANSHIP AND MATERIALS 1.10.1 Contractor shall furnish all supervision, labor, transportation, materials, tools and equipment necessary to satisfactorily complete the service in a manner consistent with the Project Manager’s plan and schedule. Contractor’s equipment shall be of the size and type appropriate for completing the various types of work described in the contract or any associating Purchase Order. Contractor shall ensure that any equipment considered by the Project Manager to be improper or inadequate for this purpose is removed from the site and replaced with satisfactory equipment. 1.10.2 All work performed under this contract shall be completed in accordance with local, state, and national codes and standards, and other recognized industry standards associated with the work. 1.10.3 The Contractor guarantees that all materials shall be of the best quality, that all work shall be done in a professional manner, and that all aspects of the project will be delivered in good working order, complete and perfect in every respect, and that all systems and materials necessary to make the project completely operational as contemplated by the above description of the project, even if those systems and materials are not specifically described in this Contract, shall be included in the contract price. 1.10.4 Contractor shall ensure that all supplies, equipment and machines shall be kept free of traffic lanes or other areas that may be hazardous. Contractor shall further ensure that all dirt and debris resulting from the work under this contract shall be disposed of at the end of each day or at the completion of work in each building. 1.10.5 Contractor shall, at no additional cost to the State, repair furnishings, equipment, facilities or other property of the State damaged by Contractor, its officers, employees, agents, contractors, subcontractors and invitees. Contractor acknowledges that the determination of the need for, and extent of, any repair work shall be made at the sole discretion of the Project Manager.

  • Customer Warranty Customer’s and its End Users’ use of the Services must always comply with all applicable Laws and this Agreement.

  • 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.

  • Intellectual Property Warranty CONTRACTOR represents and warrants that its performance of all obligations under this Contract does not infringe in any way, directly or contributorily, upon any third party’s intellectual property rights, including, without limitation, patent, copyright, trademark, trade secret, right of publicity and proprietary information.

  • Materials and Equipment ‌ Material means property that may be consumed or expended during performance, component parts of a higher assembly, or items that lose their individual identity through incorporation into an end item. Equipment means a tangible item that is functionally complete for its intended purpose, durable, nonexpendable, and needed for performance. Materials and Equipment shall be priced in accordance with the terms of the task order award, contract type, and applicable FAR and agency-specific regulatory supplements. Unless otherwise directed by task order terms and conditions, the Contractor may apply indirect costs to materials and equipment consistent with the Contractor’s usual accounting practices.

  • Hardware Warranty Company warrants that for a period of one (1) year from delivery of Hardware, Hardware will be free from defects in material and workmanship in normal use, but does not cover any of the following: (i) improper installation, maintenance, adjustment, repair or modification by Customer or a third party; (ii) misuse, neglect, or any other cause other than ordinary use, including without limitation, accidents or acts of God; (iii) improper environment, excessive or inadequate heating or air conditioning, electrical power failures, surges, water damage or other irregularities; (iv) third party software or software drivers; or (v) damage during shipment.