Materials Warranty. Company warrants that Company Materials will: (1) conform to the requirements of this Agreement, including all descriptions, specifications, and attachments made a part hereof; and (2) will not infringe any third party rights. The University’s acceptance of Company Materials will not relieve Company from its obligations under this warranty.
Materials Warranty. Seller warrants that Materials which Seller or Seller’s Subcontractors delivers will be new, of good quality, and conform to the description stated in the Purchase Order. Seller agrees to promptly repair or replace any defective Materials that Buyer has notified Seller about within the earlier of eighteen (18) months following the date of delivery, or twelve (12) months following the date of installation. If Seller fails to promptly repair or replace the defective Materials, Seller agrees that Xxxxx will be entitled to repair or replace the Materials, and Xxxxxx agrees to reimburse Buyer for Xxxxx’s reasonable cost to repair or replace the defective Materials. Buyer will be entitled to inspect all Materials before, upon, or within a reasonable time after delivery. No substitution of any Materials will be made without Xxxxx's written approval. Buyer reserves the right to reject Materials which have been reworked.
Materials Warranty. Contractor guarantees that all newly installed fences will be free of material defects. The duration of the Material Warranty will depend on the type of product installed. Services like repairs and staining are not covered by any warranties. Fence materials will change appearance, dimension and shape due to the process of aging and exposure to the elements. Wood fence materials are subject to color changing, splitting, bowing, twisting, warping, shrinkage, swelling or any other physical property of the wood including but not limited to knots drying out, ends splitting or shrinking therefore creating small gaps in between fence parts. Color variances in wood are normal even within the same board. ● Pickets, Rails, Trims, Kick boards, Lattices: Are not covered under any material warranty. ● Wooden or Steel Posts: 7 year coverage from the date of installation.
Materials Warranty. In addition to any warranties set forth in the Contract, Contractor warrants to Customer that all materials and equipment furnished shall be new unless otherwise specified. Upon substantial completion, Contractor assigns to Customer all warranties on materials and/or equipment as provided by the applicable manufacturers.
Materials Warranty. Company warrants that Company Materials will: (1) conform to the requirements of this Agreement, including all descriptions, specifications, and attachments made a part hereof; and (2) will not infringe any third party rights. The University’s acceptance of Company Materials will not relieve Company from its obligations under this warranty. Materials Shipping Costs: Company will be responsible for the cost of shipping all Company Materials (including, without limitation, costs of insurance and other related costs), whether shipped by Company to University or by University to Company. University, at its option, may not tender delivery to Company of any Company Material for which Company has not provided shipping instructions, payment and other required information. If Company postpones or delays delivery of Company Materials by University to Company for any reason (for example, if Company requests a delay in delivery), Company agrees to reimburse University for any and all storage costs and other additional expenses resulting therefrom.
Materials Warranty. Suntech warrants that all Products purchased from or repaired by Suntech will consist of new materials (not used, recycled or of such age as to impair its usefulness or safety, except as may be approved in advance and in writing by Licensor).
Materials Warranty. (a) Seller warrants that the Materials furnished by it under the Purchase Agreement (i) shall be free from defects in design, workmanship and materials; (ii) shall conform to and be of the kind and quality described in the Purchase Agreement and the plans and specifications; (iii) shall perform in the manner specified; and (iv) shall comply with all requirements of the Purchase Agreement.
(b) All such Materials shall be warranted by Seller for 24 months from the date such Materials are placed in service by Westinghouse or four years after acceptance by Westinghouse, whichever first occurs. Seller shall correct any nonconformance at its sole expense, as directed by Westinghouse, by promptly: (i) repairing or replacing the non-conforming Materials (and correcting any plans, specifications or drawings thereby affected) in a
(c) The warranty, with respect to any corrected Materials, shall be extended to one year from the date of repair or replacement or as stated in paragraphs (a) and (b) above, whichever is later.
Materials Warranty. A. ADNAS, at its expense, shall defend any suit brought against IIMAK on the grounds that use of the ADNAS Materials or DNA Technologies for the intended purpose or purposes, as furnished by ADNAS, infringes any United States patent and shall pay the amount of any judgment that may be awarded against IIMAK in any such suit provided and upon condition that IIMAK shall (a) promptly deliver to ADNAS all infringement notices and other papers received by or served upon IIMAK, (b) permit ADNAS to take charge of the defense of such suit and compromise the same, if deemed advisable by ADNAS, and (c) assist in every reasonable way in the conduct of such defense.
B. IIMAK, at its expense, shall defend any suit brought against ADNAS on the grounds that use of the Products for the intended purpose or purposes, infringes any United States patent and shall pay the amount of any judgment that may be awarded against ADNAS in any such suit provided and upon condition that ADNAS shall (a) promptly deliver to IIMAK all infringement notices and other papers received by or served upon ADNAS, (b) permit IIMAK to take charge of the defense of such suit and compromise the same, if deemed advisable by IIMAK, and (c) assist in every reasonable way in the conduct of such defense.
C. In the event that IIMAK shall be enjoined by a court of competent jurisdiction from which no appeal can be taken, from selling or using the Products for the intended purpose or purposes on the ground that such sale or use of the Product infringes any such United States or other patent, or it is established to ADNAS satisfaction, upon due investigation, that sale or use of the Product infringes any such United States or other patent, ADNAS at its option may either (i) procure for IIMAK a license to sell and/or use the Products, (ii) modify the Products so as to make it non-infringing without seriously impairing its performance, (iii) replace the Products with a product that is substantially equal but non-infringing, or (iv) accept the return of the Product from IIMAK.
D. ADNAS shall be responsible for assuring and insuring the integrity of any patent or trademark application process regarding the ADNAS Materials and for safeguarding by reasonable measures the confidentiality of all proprietary or trade secret information related to the ADNAS Materials to be used as components in the Products.
E. ADNAS shall supply to IIMAK technical specifications for the ADNAS Materials including, but not limited to, MSD...
Materials Warranty. See General Provisions 101 through 150.
Materials Warranty. (a) Advancis warrants that any Material delivered pursuant to this Agreement, by or on behalf of Advancis, for the production of Site Specific Stability Batches and/or Clinical Material shall conform in all material respects to the Material Specifications and shall be manufactured in accordance with cGMP.
(b) Clonmel warrants that any material used for scale-up, process development and the production of Validation Batches shall conform in all material respects to the Material Specifications and shall be manufactured in accordance with cGMP.
