Mechanical Warranty Sample Clauses

Mechanical Warranty. The Contractor warrants that the Equipment, components, tools and spare parts supplied by him, his subcontractor(s) and/or suppliers under this Contract shall be new and free from defects in workmanship, materials and design. The Contractor shall repair or replace at his own expense and as soon as practicable any of the equipment, components, tools or spare parts which within a period of twelve (12) months from the date of the Certificate of Acceptance of Work referred to in sub-paragraph 2.07 b) hereinabove, prove to be defective as mentioned above or as a result of any erroneous or inadequate engineering drawings, technical specifications and/or operating instructions of the Contractor. Damage caused by improper operation contrary to the Contractor's instructions or by negligence or lack of proper maintenance on the part of the Project Counterpart shall not be covered by this warranty. The warranty shall be deemed modified to the extent of any modifications to the Equipment and/or its working conditions made without authorization by the Contractor.
Sample 1Sample 2
AutoNDA by SimpleDocs
Mechanical Warranty. Solely for the benefit of PURCHASER, SELLER warrants that new equipment and parts manufactured by it and delivered to PURCHASER (collectively, “Products”) shall be free from defects in material and workmanship. The warranty period shall be twelve (12) months from startup of the equipment not to exceed eighteen (18) months from shipment. If any of SELLER’s Products fail to comply with the foregoing warranty, SELLER shall repair or replace free of charge to PURCHASER (i.e. the rectification of the Products), Ex Works SELLER’s Factories or other location that SELLER shall designate at its own discretion, any Product or parts thereof returned to SELLER, which examination shall show to have failed under normal use and service operation by PURCHASER within the Warranty Period; provided, that if it would be impracticable for the Product or part thereof to be returned to SELLER, SELLER will send a representative to PURCHASER’s job site to inspect the Product. If it is determined after inspection that SELLER, under this warranty, must repair or replace the Product or part thereof, SELLER shall bear the transportation costs for (a) returning the Product to SELLER for the inspection or sending its representative to the job site and (b) returning the repaired or replaced Products to PURCHASER; however, if it is determined after inspection that SELLER is not liable under this warranty, PURCHASER shall reimburse SELLER for those costs. For SELLER to be liable with respect to this warranty, PURCHASER must notify SELLER of any defects in writing no later than thirty (30) days after discovery of the defect and in no event after the expiration of the Warranty Period. Tacit approval is presumed where PURCHASER omits to give notice of defects within the before said period of time. In addition to any other limitation or disclaimer with respect to this warranty, SELLER shall have no liability with respect to any of the following: (i) defects of the Products, or damages to them, due to PURCHASER’s negligence or willful misconduct, abuse or improper storage, installation, application or maintenance (as specified in any manuals or written instructions that SELLER provides to the PURCHASER); (ii) any Products that have been altered or repaired in any way without SELLER’s prior written authorization; (iii) the costs of dismantling and reinstallation of the Products; (iv) any defects resulting from transport; (v) decomposition of Products by chemical action, erosion or corrosion or w...
Sample 1
Mechanical Warranty. The Contractor warrants that the Equipment supplied by him, his subcontractor(s) and/or suppliers under this Contract shall be new and free from defects in workmanship, materials and design. The Contractor shall repair or replace at his own expense and as soon as practicable any of the Equipment which within a period of twelve (12) months after Acceptance of the Work referred to in sub-paragraph 3.09(e) hereinabove, prove to be defective as mentioned above or as a result of any erroneous or inadequate engineering drawings, technical specifications and/or operating instructions of the Contractor. Damage caused by improper operation contrary to the Contractor's instructions or by negligence or lack of proper maintenance on the part of the Project Counterpart shall not be covered by this warranty. The warranty shall be deemed modified to the extent of any modifications to the Equipment and/or its working conditions made without authorization by the Contractor. This obligation shall survive termination of the Contract.
Sample 1
Mechanical Warranty. The Contractor warrants that the equipment, materials, components and tools supplied by him, his subcontractor(s) and/or suppliers under this Contract shall be new and free from defects in workmanship, materials and design. The Contractor shall repair or replace at his own expense and as soon as practicable any of the equipment, materials, components and supplies which within a period of twelve (12) months from the date of their acceptance in the inspection referred to in paragraph 2.10 hereinabove, prove to be defective as mentioned above or as a result of any erroneous or inadequate engineering drawings, technical specifications and/or operating instructions of the Contractor.
Sample 1
Mechanical Warranty. For a period of 24 (twenty four) months from the date of delivery to Customer (“Mechanical Warranty Period”) Supplier guarantees that the Products conform to the Product Specifications and that the Products shall be free of defects in materials and workmanship (“Mechanical Warranty”). However, Supplier reserves the right to minor deviations from the Product Specifications regarding amongst others dimensions, weights and composition not negatively affecting the quality of the Products. If the Products fail to comply with this Mechanical Warranty, Supplier will, at its option, either repair or replace the Products, or refund the purchase price of such Products. The warranty for such repaired or replaced Products will extend to the remainder of the original warranty period only.
Sample 1
Mechanical Warranty. At the time of Delivery NATEX warrants the Equipment is supplied, and will remain so for the period specified below, materially in accordance with the Specification. NATEX warrants the services, workmanship and material of all Equipment supplied allow proper mechanical performance in accordance with the CO2 Extraction Plant requirements, including proper functioning of the CO2 Extraction Plant with specified parameters. Under this warranty NATEX will eliminate without undue delay and at its own expense, all defects hindering the mechanical function of Equipment supplied by replacement or repair - such replacement or repair to be made at NATEX's own discretion - provided such defects are due to reasons attributable to NATEX solely and are neither caused by damage under GW's responsibility nor by handling on site contrary to normal practice or to NATEX 's instructions on handling and maintenance, nor by normal wear and tear. Wear parts such as gaskets, packings and bearings are not included in this warranty. NATEX has the right to choose between supply of new parts or repair on site, whichever is most expeditious. If supply of new parts or repair on site is not feasible GW may, in its discretion authorise repair at the manufacturer’s workshop, but the program of repair work and de-installation, reinstallation/recommissioning of the Equipment or CO2 Extraction Plant, and the costs thereof, will need to be agreed between the Parties before removal. In addition, NATEX needs to be informed before any such measure in order to allow NATEX to make use of any of its warranty rights towards its suppliers / manufacturers, the benefit of which shall be passed to GW. The liability of NATEX under this warranty is waived if such defects are not notified to NATEX in detail within 14 (fourteen) days of discovery, or if any repairs or replacements are carried out by GW without NATEX 's prior written permission. NATEX gives a mechanical warranty for the Equipment supplied for a period of 12 (twelve) months after start-up or 24 (twenty-four) months after Delivery, whichever comes first.
Sample 1
Mechanical Warranty. Lessor shall certify and repair or replace to good and proper working condition the existing heating, ventilating, air conditioning plumbing and electrical systems. Also, in the event a major component, i.e., compressor, fan motor, evaporator coils or heat exchanger must be placed or repaired during Lessee's first twelve (12) months of occupancy, the cost of such replacement or repair shall be the responsibility of the Lessor. This warranty, however, is contingent upon Lessee maintaining a regularly scheduled preventative maintenance/service contract as per paragraph 5.05 of this Lease Agreement.
Sample 1
AutoNDA by SimpleDocs
Mechanical Warranty. The Contractor warrants that all machinery, equipment and controls comprised in the Work will comply with the Contract Documents, will be fit for the purpose for which they are intended to be used by the Owner and will be free from defects in materials, equipment and workmanship. The Contractor shall promptly and diligently repair, replace or make new any portion of the Work in which any failure to conform to the Contract Documents or any defect in materials, equipment, or workmanship is discovered within one (1) year after the date Total Performance is achieved.
Sample 1
Mechanical Warranty a. Aurizon warrants that Equipment will be free from material defects in design, engineering, materials and workmanship under normal use, maintenance, service and handling for a period of 12 months from shipment (“Warranty Period”). Only if expressly so provided in the Contract, a shorter Warranty Period may apply in specific cases or for specific materials or equipment (as warranted by sub-vendors of such materials and equipment).
Sample 1

Related to Mechanical Warranty

  • General Warranty Contractor warrants that all services, deliverables, and/or work product under this Contract shall be completed in a workmanlike manner consistent with standards in the trade, profession, or industry; shall conform to or exceed the specifications set forth in the incorporated attachments; and shall be fit for ordinary use, of good quality, with no material defects.

  • Construction Warranty At the Closing, Seller shall assign to Buyer all construction warranties with respect to the Hotel, which assignment shall be in form and substance reasonably satisfactory to Buyer, including a warranty by the Contractor, for the period ending not sooner than one (1) year after the date the Hotel is Substantially Completed, in the form of the warranty attached hereto as Exhibit H (the “Construction Warranty”).

  • Environmental Warranties Except as set forth in Item 6.12 of the Disclosure Schedule:

  • No Additional Warranty Nothing in this Article XII shall be construed or deemed to (i) expand or otherwise alter any warranty or disclaimer thereof provided under Section 3.3 or any other provision of this Agreement with respect to, among other matters, the title, value, collectibility, genuineness, enforceability or condition of any (x) Asset, or (y) asset of the Failed Bank purchased by the Assuming Institution subsequent to the execution of this Agreement by the Assuming Institution or any Subsidiary or Affiliate of the Assuming Institution, or (ii) create any warranty not expressly provided under this Agreement with respect thereto.

  • General Warranties Each party warrants to each other party that:

  • Manufacturer’s Warranties If a Lease Vehicle is covered by a Manufacturer’s warranty, the Lessee, during the Vehicle Term for such Lease Vehicle, shall have the right to make any claims under such warranty that the Lessor could make.

  • Additional Warranties Where Contractor, product manufacturer or service provider generally offers additional or more advantageous warranties than set forth below, Contractor shall offer or pass through any such warranties to Authorized Users. Contractor hereby warrants and represents:

  • No Additional Warranties No employee, partner, distributor (including any Reseller) or agent of PTC or any of its resellers or sales agents is authorized to give representations, warranties or covenants greater or different than those contained in this Agreement, except as specifically set forth in a written agreement signed on behalf of Customer by an authorized officer and on behalf of PTC by its legal counsel or Corporate Controller.

  • Title Warranty Assignor warrants that:

  • Limited Warranty If Customer obtained the Software directly from TIBCO, then TIBCO warrants that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!