Material Warranty Sample Clauses

Material Warranty. All material and equipment furnished under this Contract is guaranteed by Contractor to be in compliance with this Contract, fit and sufficient for the purpose intended, new and free from defects. Materials furnished under this Contract shall be the latest improved product in current production, as offered to commercial trade, and shall be of quality material. Used, shopworn, demonstrator, prototype, reconditioned, or discontinued products or material are not acceptable. The warranty period for Contractor-provided materials shall be for a period of one (1) year after completion of the installation or within the manufacturer’s warranty, whichever is longer. The warranty period shall commence upon date of acceptance by TFC. Contractor shall provide TFC’s TFC Contract Administrator or his/her designated representative with all manufacturers’ warranty documents within five (5) business days of completion of each project.

Material Warranty. All material and equipment furnished under this Contract is guaranteed by Contractor to be in compliance with this Contract, fit and sufficient for the purpose intended, new and free from defects. Materials furnished under this Contract shall be the latest improved product in current production, as offered to commercial trade, and shall be of quality material. USED, SHOPWORN, DEMONSTRATOR, PROTOTYPE, RECONDITIONED, OR DISCONTINUED PRODUCTS OR MATERIAL ARE NOT ACCEPTABLE. The warranty period for Contractor-provided materials shall be for a period of one (1) year after completion of the installation or within the manufacturer’s warranty, whichever is longer. The warranty period shall commence upon date of acceptance by TFC. Contractor shall provide TFC’s Contract Administrator or his/her designated representative with all manufacturers’ warranty documents within five (5) business days of completion of each project.

Material Warranty i. Material Warranty is defined as: The manufacturer should warrant the Solar Module(s) to be free from the defects and/or failures specified below for a period not less than twenty five (25) years from the date of sale to the original customer. ii. Defects and iii. Defects and i. Non conformity to specifications due to faulty manufacturing and/or inspection processes. If the solar Module(s) fails to conform to this warranty, the manufacturer will replace the solar module(s), at the Owners sole option.

Material Warranty. Supplier warrants that it will exercise extreme care and high standards to achieve the desired results in accordance with standards and procedures agreeable to and accepted by the parties. In the event the material is non-conforming and the Material Review Board determines that the Supplier is responsible for the non-conformance in accordance with the provisions of Paragraph 6.d, Material Non-Conformance, Supplier and Company shall mutually agree to one (or a combination of) the following remedies: a) Supplier replacing non-conforming material with conforming material at no additional cost to Company; b) Supplier remediating unacceptable performance at no additional expense to Company; or c) Supplier refunding or crediting to Company any fees paid or payable by Company in connection with Supplier's unacceptable performance. In the event material is non-conforming and the Material Review Board determines that the Company is responsible for the non-conformance in accordance with the provisions of Xxxxxxxxx 0x, Xxxxxxxx Xxx-Xxxxxxxxxxx, the Company shall make payment to the Supplier of all fees due to the Supplier under this Agreement in respect of such non-conforming material. Should United States regulatory requirements change during the course of Supplier's performance of manufacturing services hereunder, Supplier will make every reasonable effort to meet the new requirements. In the event that modified regulatory requirements necessitate revisions in the manufacturing process, Supplier will submit to Company a revised technical proposal and cost estimate, for which, if necessary, the parties will further negotiate and to which the parties will mutually agree.

Material Warranty. For a period of [***] ([***]) years from the date that the cable system (“Material”) has been commissioned, however not exceeding a maximum period of [***] from the date of shipment to Subcontractor, Seller warrants that the Material furnished to Buyer under these Terms and Conditions and all components thereof will: (1) comply with the Specifications contained in or developed in accordance with these Terms and Conditions, (2) be free from defects in design, workmanship and materials, (3) be conveyed to Buyer with good and merchantable title, (4) be free and clear of all security interests, liens, encumbrances or claims of Seller, subcontractors and third-party suppliers, (5) be free of any claim of infringement, misappropriation, unfair competition or violation of any third-party right, including intellectual property rights, (6) be fit for the particular purpose intended therefor to the extent such purpose is set forth in the technical specification, (7) be sourced, manufactured, sold and delivered in accordance with the then-prevailing applicable laws, and industry standards as defined in the technical specification, (8) be fully tested in accordance with these Terms and Conditions, (9) be of new manufacture, unless specifically noted otherwise in the Contract Documents.

Material Warranty. For a period of [***] ([***]) years from date of Commissioning, however not exceeding a maximum period of [***] ([***]) months from the date of shipment of the cable system to Subcontractor (the “Warranty Period”), AMSC warrants that the HTS Cable System, software and materials required to be provided or verified by AMSC pursuant to this Agreement, including Appendix A, AMSC Specific Responsibilities ("Material") and all components thereof, and HTS Cable System as a whole, will: (1) comply with the Specifications for such Materials, including the HTS Cable System as a whole, whether existing on the date hereof or developed pursuant to the terms hereof, and the terms of this Agreement, (2) be free from defects in design, workmanship and materials, (3) be conveyed to Subcontractor with good and merchantable title, (4) be free and clear of all security interests, liens, encumbrances or claims of AMSC, Other Subcontractors and third-party suppliers, (5) be free of any claim of unfair competition, (6) be fit for the particular purpose intended therefor to the extent such purpose is set forth in, or reasonably anticipated by, the Agreement, (7) be sourced, manufactured, sold and delivered in accordance with the then-prevailing Applicable Laws, and industry standards and practices, (8) be fully tested in accordance with the Agreement, (9) be of new or unused manufacture, unless specifically noted otherwise in the Agreement, and (10) be interoperable in accordance with the HTS Cable System requirements and Specifications with the system components in which such Material is installed.

Material Warranty i. Parts furnished under the purchase order shall be the latest improved models in current production, as offered to commercial trade, and shall be of quality material. Used, shopworn, demonstrator, prototype, reconditioned, or discontinued models or materials are not acceptable. ii. The warranty period for Contractor provided materials shall be for a period of one (1) year after completion of the installation or within the manufacturer’s warranty, whichever is later. The warranty period shall commence upon date of acceptance by the City’s Public Works Maintenance Manager for Utilities. iii. The Contractor shall provide the City’s Public Works Maintenance Manager for Utilities with all manufacturers’ warranty documents. Ayer Water Pump Station 0000 X Xxxxxxxxx Xxxx Caterpillar 3412 1,000 kW 81Z16092 Xxxxxx Storm Pump Station 000 Xxxxxx Xxxxx Rd Caterpillar C18 600 kW G7A02261 City Hall 000 X Xxxxxxxxx Xxxx Cummins DQAF/ 5006412 300 kW A020323428 Fire Station 1 000 X Xxxx Xxxxxx Xxxxxxx Diesel/ 100DSJ 100 kW 660956 Fire Station 2 0000 Xxxxxxxx Xx Electro Motion 25 kW 3700079CR3A 003 Fire Station 3 45 Midwick Dr Electro Motion 25 kW 3700078CR3A 003 Fire Station 4 775 Xxxxxx Xxxx Caterpillar D25 25 kW KGBE01386 Gibraltar Water Pump Station 641 Gibraltar Court Caterpillar 3516 2,500 kW SBK00868 Main Lift Sewage Pump Station 0000 X XxXxxxxx Xxxx Caterpillar 3508 1,000 kW 4GM00337 Manor Storm Pump Station 000 Xxxxxxxx Xx Caterpillar 3306 230 kW 6YR02965 Public Works/ Police Dept 0000 X Xxxxxxxx Xxxx Caterpillar 3412 600 kW 81Z10567 Sports Center 0000 X Xxxxxxxxx Xxxx Caterpillar C13 GS 350 kW TP22939585 Wrigley Ford Storm Pump Station 75 Xxxxxxxx Dr Caterpillar 3406B 400 kW 1JJ00574 1 Total cost for all labor, material, tools, management, travel, and equipment necessary for the annual and preventative maintenance and testing of the generators for Service Years 1, 2, 3, 4, & 5 LUMP SUM 1 $49,350.00 Total Bid Price- Year 2 $49,350.00 Total Bid Price- Year 3 $136,872.00 2 Total cost for the backup generator needed for Service Year 3 at the following three locations only: Main Lift Pump Station, 0000 Xxxxx XxXxxxxx Xxxx (Caterpillar 3508, S/N 4GM00337/Mfg 1999), Ayer Pump Station, 0000 X Xxxxxxxxx Xxxx (Caterpillar 3412, S/N 81Z16092/Mfg 1995) and Public Works/ Police Department, 0000 X Xxxxxxxx Xxxx (Caterpillar 3412, S/N 81Z10567) Service Year 3 LUMP SUM Year 3 $15,400.00 Total Bid Price- Year 4 $52,805.00 Total Bid Price- Year 5 $52,805.00 TOTAL CONTRACT PRICE $3...

Material Warranty. 16.1. The Service Provider warrants that its services and the Work Items owed by it have the agreed, warranted characteristics and those required for the intended use and that they comply with the relevant statutory provisions. 16.2. In addition to any other warranties to which matriq AG may be entitled under the Agreement or other legal grounds, the Service Provider warrants that all Services (i) will be performed with a high degree of professional skill, due process and good judgment as used by recognized professional providers of similar services, (ii) will be performed in full compliance with all applicable laws, and (iii) will be performed in such a manner that the Services provided under the Agreement are free from defects in material and workmanship and are fit for their intended purpose. 16.3. The warranty period shall be 24 months from successful acceptance in accordance with Clause 12. Written notification of defects shall suspend the warranty period until the defects notified have been fully remedied and payment periods shall be interrupted. 16.4. In the event of a defect, matriq AG may, at its discretion, demand rectification or subsequent delivery free of charge, make a deduction from the remuneration corresponding to the reduced value, carry out rectification/repairs itself or have them carried out by third parties at the expense of the service provider, or withdraw from the agreement in the event of material defects. As an alternative to or in combination with the above material warranty rights, matriq AG may demand compensation from the Service Provider for all costs, expenses, losses or other damages (e.g. inspection, installation and removal costs, loss of production or unusable assemblies, product recall, etc.) incurred by matriq AG as a result of the defective service and/or the defective Work Item. 16.5. In the event of rectification or subsequent delivery, a new warranty period of 24 months shall commence from the time of rectification of the defect. The Service Provider is obliged to fulfill the claims arising from the following warranty rights of matriq AG even after expiry of the warranty period, provided that the defects have still been reported within the warranty period. 16.6. If the Service Provider does not remedy the breach of its warranty within the deadline or if the Service Provider is unable or unwilling to carry out the repairs or replace the defective Work Items, matriq AG shall be entitled to all other material warrant...

Material Warranty. Subcontractor warrants to Contractor and Owner that all materials incorporated by him into the Project will be new unless otherwise specified and further warrants all such materials and workmanship for the given warranty period.

Material Warranty. Company warrants that Material and all components thereof furnished to Buyer under this Master Agreement will conform in all material respects with the Specifications contained in or developed in accordance with the Contract Documents, and will be: (1) conveyed to Buyer with good and merchantable title, free and clear of all security interests, Liens, encumbrances or claims of Company, SubCompanies and third party suppliers (2) free of any claim of infringement, misappropriation, unfair competition, or violation of any third party Intellectual Property right, (3) sourced, manufactured, sold and delivered in accordance with the then-prevailing applicable Laws, and industry standards and practices, and (4) fully tested in accordance with the Contract Documents.