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 Contract Administrator or his/her designated representative with all manufacturers’ warranty documents within five (5) business days of completion of each project.

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 ▇▇▇▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇▇▇▇ ▇▇▇-▇▇▇▇▇▇▇▇▇▇▇, 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. 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 five (5) years from the date of sale to the Bidder.

Material Warranty. Contractor warrants that the Material furnished to Buyer under these Terms and Conditions and all components thereof will comply with the Specifications contained in or developed in accordance with the Contract Documents, and will be: (1) of new manufacture, unless specifically noted otherwise in the Contract Documents, (2)free from defects in design, workmanship and materials, (3)conveyed to Buyer with good and merchantable title, free and clear of all security interests, Liens, encumbrances or claims of Contractor, Subcontractors and third party suppliers (4) free of any claim of infringement, misappropriation, unfair competition or violation of any third party right, including IP Rights, (5) fit for the particular purpose intended therefor to the extent such purpose is set forth in the Contract Documents or otherwise known to Contractor, (6) sourced, manufactured, sold and delivered in accordance with the then-prevailing applicable Laws, and industry standards and practices, and (7) fully tested in accordance with the Contract Documents.

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. 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. 11.1.1 adesso warrants that a) it provides its services carefully and in accordance with the contract; b) it complies with the specifications and the service levels agreed in the individual contracts; c) its products have the expressly warranted characteristics when used in accordance with the contract and are not afflicted with defects that cancel or significantly restrict their suitability for the agreed use. 11.1.2 In the event of a defect, the customer may demand rectification free of charge. adesso shall rectify the defect within a reasonable period at its own expense. 11.1.3 If adesso has not carried out the requested rectification of defects, or has not done so on time or successfully, the customer can make a deduction from the payment corresponding to the reduced value. The right to cancellation, substitute performance or compensation is excluded. 11.1.4 In the event of defective project services, the customer has the right to demand rectification free of charge within a reasonable period of time. If the defect cannot be rectified within the grace period, the customer shall set another grace period appropriate to the cause of the defect to rectify the defect. If the rectification fails definitively, the customer may conclusively instead of the statutory claims: a) in the case of a non-material or obstructive defect (i.e. defect class "low", "medium" or "high"), demand a reasonable reduction in the agreed remuneration for the project service; b) withdraw from the project contract or the corresponding project service in the event of a significant defect (i.e. defect class "critical"). Services or partial services that have already been rendered essentially free of defects and can be used by the customer in a reasonable manner shall be remunerated in full and shall not be affected by any cancellation of the contract. Claims for damages in accordance with clause 12 remain reserved. The customer shall have no claims to substitute performance. 11.1.5 If a critical service level defined in a contract (hereinafter "Managed Services Contract") is not met, adesso must rectify the defect immediately, at its own discretion, by repair or replacement. Parts removed in the course of rectification or replacement delivery become the property of adesso. If an attempt at rectification or a replacement delivery fails or does not take place within a reasonable period of grace, the customer may, at his discretion: a) continue to demand fulfilment, or b) demand a reducti...

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.