Materials Warranties. Flextronics shall endeavor to obtain and 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.
Materials Warranties. (a) With respect to any Materials that are designed and manufactured by Flextronics and are incorporated into a BOM for any Product, Flextronics agrees that such Materials shall be [*].
(b) Flextronics shall use commercially reasonable efforts to obtain from the applicable Supplier and pass through to Customer the following warranties with regard to the Materials: (i) conformance of the Materials with the Supplier’s specifications and/or the Specifications; (ii) that the Materials will be free from defects in workmanship; (iii) that the Materials will comply with applicable laws, including, the Environmental Regulations; and (iv) that the Materials will not infringe the rights of third parties, including, any intellectual property rights of any third parties. From time to time (but for not more than [*]) upon the request of Customer [*].
Materials Warranties. (a) Flextronics shall use 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 Flextronics Controlled Materials (other than the Production Materials and Flextronics Supplied Materials for which Flextronics remains directly responsible): (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, Flextronics shall use commercially reasonable efforts to 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 Flextronics in writing, within five (5) 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,, Flextronics may source the applicable Materials from such vendor until instructed otherwise by Customer in writing.
(b) If a third party vendor on Customer’s AVL refuses to provide to Flextronics the warranty referred to in paragraph (iii) above, in respect of compliance with the Environmental Regulations, or the indemnity referred to in paragraph (iv) above (a “Non-conforming Vendor”), and Customer refuses to allow Flextronics to acquire the materials from another third party vendor that is either (i) listed on Customer’s AVL, or (ii) meets Customers requirements for inclusion on the AVL and provides equivalent pricing, quality, performance, lead time and flexibility, then the Materials provided by the Non-conforming Vendor shall be deemed to be Customer Controlled Materials for the purposes of Sections 11(a) and (c). Alternatively Customer may elect to enter the contract directly with the Non-conforming Vendor for the supply of such Materials.
(c) Flextronics sha...
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 [*] years: 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. 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. Cadence shall use reasonable efforts to obtain and to pass through to Alimera all relevant vendor warranties with regard to the Materials, including without limitation (i) conformance of the Materials with the vendor's specifications and/or the Specifications; (ii) that the Materials are free from defects in workmanship; (iii) that the Materials comply with applicable Environmental Regulations; and (iv) that the Materials do not infringe the intellectual property rights of third parties.
Materials Warranties. Supplier shall use commercially reasonable efforts to obtain and pass through to Ouster the following warranties with regard to the Materials (other than the Production Materials and the [***]): (i) conformance of the Materials with the vendor’s specifications and/or with Ouster’s specifications provided to such vendor; (ii) that the Materials will be free from defects in workmanship; (iii) that the Materials will comply with Product Content Regulations; and (iv) that the Materials will not infringe the Intellectual Property Rights of third parties. Supplier shall promptly inform Ouster if it is not able to obtain and pass through the foregoing warranties with regard to any Materials. Notwithstanding the foregoing, Supplier does not provide any independent warranty for the Materials.
