Materials Warranties Clause Samples

Materials Warranties. Flextronics shall endeavor to obtain and pass through to Customer all vendors’ and manufacturers’ warranties with regard to the Materials (other than the Production Materials) to the extent that they are transferable, including without limitation: (i) conformance of the Materials with the vendors’ or manufacturers’ specifications and/or with the Specifications; (ii) that the Materials will be free from defects in workmanship; (iii) that the Materials will comply with Environmental Regulations; (iv) that the Materials will not infringe the intellectual property rights of third parties; and (v) that the Materials shall comply with all applicable laws. For the avoidance of doubt, the foregoing applies to any Materials that Flextronics sources from itself pursuant to Section 4.3.

Materials Warranties. (a) Where such are held in favour of BreconRidge, BreconRidge shall use commercially reasonable efforts to obtain and pass through to Customer from the Materials vendor, the following provisions in a form consistent with the corresponding provisions of this Agreement, with regard to the Materials (other than the Production Materials and BreconRidge Supplied Materials for which BreconRidge remains directly responsible and Customer Supplied Materials : (i) a warranty of conformance of the Materials with the vendor’s specifications and/or with the Specifications; (ii) a warranty that the Materials will be free from defects in materials and workmanship for a period of not less than twelve (12) months; (iii) a warranty that the Materials will comply with the requirements of applicable law including safety requirements and the Environmental Regulations; and (iv) an indemnity against claims that the Materials infringe the intellectual property rights of third parties. If a third party vendor refuses to provide and permit the pass through of any of the foregoing warranties or the indemnity, BreconRidge shall notify Customer in writing of such refusal, (which notice shall include sufficient detail for Customer to assess the associated risks of such refusal) prior to ordering Materials from the such third party vendor. Unless Customer instructs BreconRidge in writing, within five (5) Business Days after receipt of such notice, not to source Materials from such vendor and agrees to remove such vendor from the AVL in respect of such Materials, BreconRidge may source the applicable Materials from such vendor until instructed otherwise by Customer in writing. (b) BreconRidge or its service provider shall perform standard incoming inspections of Materials for physical damage, quantity variance and conformance to purchase order upon receipt of Materials shipments. Upon request of Customer and for an additional fee to be agreed upon, BreconRidge shall perform additional incoming testing and inspection and other services, in accordance with Customer’s specifications to reasonably detect whether Materials are in conformance with the warranties set out in paragraphs (i), (ii), and (iii) above. (c) BreconRidge shall enforce the third party vendor warranties contemplated above for Customer’s benefit.

Materials Warranties. Flextronics shall endeavor to obtain and pass through to Customer and its Affiliates (without any actual liability for) the following warranties with regard to the Materials (other than the Production Materials): (i) conformance of the Materials with the vendor’s specifications and/or with the Specifications; (ii) that the Materials shall be free from defects in workmanship; (iii) that the Materials shall comply with Environmental Regulations; and (iv) that the Materials shall not infringe the intellectual property rights of third parties. Flextronics shall pass through to Customer and its Affiliates all transferable warranties from its suppliers.

Materials Warranties. Flextronics shall endeavor to obtain and pass through to Customer all vendors’ and manufacturers’ warranties with regard to the Materials (other than the Production Materials) to the extent that they are transferable, including without limitation: (i) conformance of the Materials with the vendors’ or manufacturers’ specifications and/or with the Specifications; (ii) that the Materials will be free from defects in workmanship; (iii) that the Materials will comply with Environmental Regulations; and (iv) that the Materials will not infringe the intellectual property rights of third parties. For the avoidance of doubt, the foregoing applies to any Materials that Flextronics sources from itself pursuant to Section 4.3.

Materials Warranties. Supplier shall use its best efforts to obtain and pass through to Enphase the following warranties with regard to the Materials (other than the Enphase Controlled Materials) for a period of at least [*]: i) conformance of the Materials with the vendor's specifications and with the Specifications; (ii) that the Materials will be free from defects in workmanship; (iii) that the Materials will comply with Environmental Regulations and all applicable Laws; and (iv) that the Materials will not infringe the intellectual property rights of third-parties. Supplier shall promptly inform Enphase if it is not able to obtain and pass through the foregoing warranties with regard to any Materials.

Materials Warranties. Flextronics shall use reasonable efforts to obtain and shall endeavor to pass through to Customer the following warranties with regard to the Materials (other than the Production Materials): (i) conformance of the Materials with the vendor’s specifications and/or with the Specifications; (ii) that the Materials will be free from defects in workmanship; (iii) that the Materials will comply with Environmental Regulations; and (iv) that the Materials will not infringe the intellectual property rights of third parties. Flextronics Confidential Information ****CERTAIN INFORMATION HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. FLEXTRONICS CONFIDENTIAL

Materials Warranties. Tenant shall use only new, first-class materials in the Tenant's Work. Tenant shall obtain warranties of at least one (1) year's duration from the completion of the Tenant's Work against defects in workmanship and materials on all work performed and equipment installed in the Premises as a part of the Tenant's Work.

Materials Warranties. (1) Except as otherwise specifically set forth in the representations, warranties, covenants and conditions of this agreement, each party makes no warranty to the other party or to any other person or entity, whether express, implied or statutory, as to the installation, description, quality, merchantability, completeness or fitness for any purpose of any portion of the system or any service provided hereunder or described herein, or as to any other matter, all of which warranties are hereby excluded and disclaimed. (2) In procuring and obtaining materials, each Party shall use reasonable efforts to obtain from the vendors and suppliers, for the mutual benefit of the Parties, warranties that such materials are: (A) of the kind and quality described in the purchase order or supply contract; (B) free of defects in workmanship, material, design and title; (C) of good and merchantable quality; and where appropriate, fit for their intended purpose. (3) Each Party shall attempt to obtain standard warranty periods for all materials it is responsible to procure, and shall use reasonable efforts to obtain longer warranty periods, if such extended warranties do not materially increase the cost of such materials. Each Party's sole obligation and liability to the other with respect to the materials warranties shall be to administer such warranties. In no event shall either Party be deemed to have guaranteed any such warranties provided by vendors or suppliers. (4) Each Party will cooperate and assist the other with respect to any claim that a Party may assert against vendors and suppliers under such warranties, including such reasonable actions as may be necessary to assign or otherwise make available to a Party the right to make such claims.

Materials Warranties. (1) Except as otherwise specifically set forth in the representations, warranties, covenants and conditions of this Agreement, each Party makes no warranty to the other Party or to any other person or entity, whether express, implied or statutory, as to the installation, description, quality, merchantability, completeness or fitness for any purpose of any portion of the Cable or any, services, facilities or equipment provided hereunder or described herein, or as to any other matter, all of which warranties are hereby excluded and disclaimed. (2) In procuring and obtaining materials, each Party shall use reasonable efforts to obtain from the vendors and suppliers, for the mutual benefit of itself and the other Party, warranties that such materials are: (A) of the kind and quality described in the purchase order or supply contract; (B) free of defects in workmanship, material, design and title; (C) of good and merchantable quality; and where appropriate, fit for their intended purpose.