Merchandise. Supplier represents, warrants and guarantees, for a period of twelve (12) months after delivery and acceptance, that any Merchandise provided under this Agreement shall be: (i) provided in accordance with the SOW and/or PO and correct and appropriate for the purposes contemplated in this Agreement; (ii) is fit for the purpose for which similar Merchandise is ordinarily employed; (iii) is free from defects in materials and/or workmanship, and is merchantable; (iv) was not manufactured and is not being priced or sold in violation of any federal, state or local law, including without limitation those relating to health and safety; (v) will perform according to industry standards and any applicable specifications or documentation; and (vi) will not violate, infringe or misappropriate the rights of any third party. In addition to the foregoing, Supplier represents and warrants to University that it has all power and authority to convey ownership of the Merchandise to University in accordance with this Agreement, that the Merchandise is free and clear of all liens and encumbrances, and that Supplier has a good and marketable title to same. Supplier agrees to defend and indemnify University for any liability and damages resulting from third-party claims challenging Supplier’s or University’s title to the Merchandise. These warranties shall survive acceptance of and payment for the Merchandise and shall be in addition to any other warranties or service guarantee, express or implied, given by Supplier to University. Replaced or repaired goods shall be warranted for the remainder of the warranty period or six (6) months, whichever is longer.
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Samples: University of Delaware, Standard Terms Incorporated Into, Standard Terms Incorporated Into
