Common use of Nature of the Warranty Clause in Contracts

Nature of the Warranty. The Seller warrants to the Buyer that during the Warranty Period: (a) the Equipment supplied hereunder shall be designed and fit for the purpose of generating electric power when operated in accordance with the Seller’s specific operation instructions and, in the absence thereof, in accordance with generally accepted operation practices of the wind power industry; (b) the Equipment supplied hereunder shall be free from defects in material, workmanship and title; (c) the Equipment supplied hereunder shall be new and unused; (d) the Equipment supplied hereunder conforms in all respects to the Technical Specifications; and (e) the Services supplied hereunder shall be performed in a competent, diligent manner in accordance with Prudent Engineering Practices, Prudent Industry Practices, the Seller’s manufacturer’s requirements and all applicable Laws.