PERFORMANCE AND WARRANTY. Contractor shall perform all services as stipulated in this Agreement. Contractor further warrants and acknowledges that is familiar with all existing conditions pertaining to these services at the Georgia World Congress Center, Georgia Dome and Centennial Olympic Park, and has the skill, knowledge, competence, organization, and equipment to execute services promptly and efficiently.
PERFORMANCE AND WARRANTY. Contractor shall transfer all warranties and guarantees for products and materials installed by Contractor and its agents, including subcontractors, to the Division. Contractor and its agents shall comply with all manufacturer’s specifications and instructions concerning the installation of products and materials on the Project. Contractor shall guarantee that Contractor’s and its agents’ work is free from defects in materials for a period of one (1) year following the Completion Date. Contractor shall repair or replace any defect in workmanship arising within such guarantee period free of charge or cost to the Division.
PERFORMANCE AND WARRANTY. (a) The performance dates indicated on the Order shall be deemed to be of the essence of this contract, and failure to adhere to such dates (which in the case of the delivery of Products shall be within five (5) calendar days of such dates) shall be a breach hereof. Products manufactured or delivered, inventory purchased, or commitments or production arrangements made, in excess of the amount, or in advance of the time reasonably necessary to meet Buyer's schedule or Buyer's express releases are entirely at Seller's risk, and may be rejected and/or returned to Seller at Seller's expense. When Seller has reason to believe performance may not be made strictly in accordance with Buyer's schedule or releases, Seller shall immediately notify Buyer by telephone, with written confirmation, providing the details of such potential failure, and if so requested by Buyer, Seller shall use commercially reasonable efforts *****. ***** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
PERFORMANCE AND WARRANTY. 10.1 Except as set out below, the Company warrants that the Goods will correspond to their specification at the time of delivery and will be free from defects in materials and workmanship. The warranty in respect of defects of the Goods shall be 1 year from the date of delivery of the Goods. All other warranties, conditions or other terms implied by statute or common law (including fitness for purpose) are excluded to the fullest extent permitted by law. This warranty is not transferable in any way.
10.2 The warranty given in Condition 11 does not apply in respect of any claims: Where there has been a failure to use, mix, apply, install, operate or maintain the Goods as instructed by the Company (as set out in the applicable material safety data sheet), or where the Goods have been used other than for their intended purpose or where the Goods have been modified.
10.3 No warranty claim may be made if: the Purchaser has not paid the Price in full; the Purchaser cannot provide proof of purchase; or the Goods have been sold or transferred in any way. In respect of any Goods, parts or components not manufactured by the Company, the Purchaser is only entitled to the benefit of any guarantee or warranty to which the Company is itself entitled. Replacement Goods are only warranted for the period of the original Goods, warranty and defective parts replaced will become the Company’s property.
10.4 Where a valid warranty claim is made in respect of any Goods, the Company can choose either to repair or replace the Goods (or the part in question) free of charge or grant credit to or refund to the Purchaser the Price of the Goods (or a proportionate part of the Price) at the Company’s absolute discretion, but the Company will have no further liability to the Purchaser under the warranty. This is the Purchaser’s sole remedy in respect of the Goods.
PERFORMANCE AND WARRANTY. The buyer assumes sole responsibility for the capacity fitness and performance of the goods being sufficient suitable and appropriate for their extended use. The company undertakes to make good by repair or replacement or refund of the purchase price at its option, any goods or parts therefore of its manufacturer supplied which, under proper use, (except fair wear and tear) are found to be defective in material, workmanship or design (other than a design furnished or specified by the buyer or approved by the buyer) within 12 months of dispatch. PROVIDED ALWAYS THAT
12.1 Unless otherwise agreed by the buyer returns the alleged defective goods or parts in an otherwise undamaged condition within 30 days following discovery of the cause of complaint to the company’s works, at the buyers cost; and 12.2 No seal on the goods has been removed, broken or tampered with; and 12.3 The company’s trade mark or serial number on the goods has not been removed defaced or altered. The company shall not be liable for the cost of removal of the defective parts or the cost of fitting the new or repaired parts. Goods not manufactured by the company, whether supplied in accordance with the buyers specification or otherwise, are specifically excluded from the terms of this guarantee and the company cannot accept liability to their satisfactory operation. The benefit of such warranties as are given to the company in respect of such goods will be passed to the buyer in so far as this is possible. The company’s liability under this clause shall be in lieu of any warranty or condition implied by law as to the quality or fitness for any particular purpose of the goods and at the end of the warranty periods stated above all liability in respect of the goods on its parts shall cease.
PERFORMANCE AND WARRANTY. (a) The performance dates indicated on the Order shall be deemed to be of the essence of this contract, and failure to adhere to such dates (which in the case of the delivery of Products shall be within ***** of such dates) shall be a breach hereof. Products manufactured or delivered, inventory purchased, or commitments or production arrangements made, in excess of the amount, or in advance of the time reasonably necessary to meet Buyer's schedule or Buyer's express releases are entirely at Seller's risk, and may be rejected and/or returned to Seller at Seller's expense. When Seller has reason to believe performance may not be made strictly in accordance with Buyer's schedule or releases, Seller shall immediately notify Buyer by telephone, with written confirmation, providing the details of such potential failure, and if so requested by Buyer, Seller shall use commercially reasonable efforts *****. ***** Portions redacted pursuant to a request for confidential treatment filed with the Securities and Exchange Commission.
(b) Seller warrants to Buyer and to Buyer's customers that for a period of ***** from the date of the receipt of each Product at Buyer's facility that such Product will conform to all applicable Specifications, and will be free from defects, material and workmanship. This warranty does not apply to (a) materials consigned or supplied by Buyer to Seller; (b) defects resulting from Buyer's Specifications or the design of the Products; or (c) Products that have been abused, damaged, altered or misused by any person or entity after they have been received by Buyer at Buyer's facility. With respect to first articles, prototypes, pre-production units, test units or other similar Products, *****. Notwithstanding anything else in the Agreement, Seller assumes no liability for or obligation related to the performance, accuracy, specifications, failure to meet specifications or defects of or due to tooling, designs or instructions produced or supplied by Buyer and Buyer shall be liable for costs or expenses incurred by Seller related thereto.
(c) Seller's shall replace or repair, at Seller's option, defective or nonconforming Products.
(d) The warranties provided in this Section 6 are applicable only if Seller receives written notice of a breach of warranty mailed to its office within ***** after the end of the applicable warranty period. The warranties provided herein shall not apply to Products or parts thereof that have been subjected to misuse, n...
PERFORMANCE AND WARRANTY. 4.01 Unless otherwise agreed by the parties hereto, the Lamps and Capsules sold by Sylvania to Philips shall be of a quality and performance in accordance with the "Specifications" set forth in Annex I and the Quality Agreement.
4.02 The Lamps and Capsules shall be packed and labelled as per the "Specification" defined in Annex 2 to this Agreement. The Lamps and Capsules shall be supplied to Philips under Philips owned trademarks to be indicated by Philips and bear the markings as indicated by Philips. Artwork and packaging initiation cost for these brands will be paid by Philips as incurred. 5
4.03 The warranty described in Sections 4.01 and 4.02 of this Agreement is the sole warranty which Sylvania gives with regard to Lamps and Capsules. Sylvania can not be held liable for lamps produced by Philips using Sylvania capsules. Philips shall be at liberty to examine or have examined the Capsules and Lamps suppled by Sylvania and may within 40 days as from the delivery, reject such Capsules and Lamps which do not comply with the quality and performance mentioned above. Sylvania shall, at its option, either replace the Capsules and Lamps within 20 days from the date of Philips written notice of rejection or issue a credit note for the respective invoice amount.
PERFORMANCE AND WARRANTY. 9.1 Acceptance shall be subject to verification of correctness and suitability. To the extent and whenever appropriate in the normal course of business, NOVELIC shall be entitled to conduct such verification; NOVELIC shall lodge a complaint when discovering any defect. Insofar, Supplier shall refrain from putting forward any defence of a late notice of defects.
9.2 Supplier shall warrant that the Goods and Services have been made or provided in a proper and workmanlike manner and according to the agreed specifications using the best suited materials and that they are not beset with defects invalidating or adversely affecting their value or suitability for normal use or the use presumed under the Agreement. Supplier shall further warrant that Goods and Services conform to the relevant recognized standards of technology, statutory and governmental safety provisions and environmental regulations applicable in Serbia & EU. Depending on the type of delivery, Supplier shall be prepared to sign an additional Quality Assurance Agreement with NOVELIC. Prior to the start of manufacture or prior to the performance of services, Supplier shall notify NOVELIC in writing of any changes occurring in the composition of the materials used or in technical design compared to similar Goods delivered or Services provided earlier. Such changes shall require NOVELIC' written consent.
9.3 Supplier warrants that it complies with the NOVELIC Code of Conduct and with all applicable (inter)national laws, rules and regulations, standards and orders in connection with the performance of the Agreement, including all applicable laws, rules and regulations on international trade, such as embargos, import and export control and sanctioned party lists.
9.4 NOVELIC may lodge a complaint about a defective delivery, wrong delivery, errors in quantity or deviations from previous deliveries of Goods or Services. In the event that any defect in relation to which notice has to be given is not detected until the goods delivered are processed or the services are used, NOVELIC shall be entitled to lodge a complaint about such defect after its detection. To the extent receiving inspections are agreed on the basis of sampling procedures, NOVELIC shall be entitled to reject the delivery completely if the agreed quality threshold is exceeded or to check every single item delivered at Supplier's expense. The values determined by NOVELIC during receiving inspection as regards quantities, weights and dimensi...
PERFORMANCE AND WARRANTY. Contractor shall perform all services as stipulated in this Agreement. Contractor further warrants and acknowledges that is familiar with all existing conditions pertaining to these services at the Savannah International Trade Convention Center and has the skill, knowledge, competence, organization, and equipment to execute services promptly and efficiently.
PERFORMANCE AND WARRANTY. Guarantee shall be furnished to ISR, no later than seven (7) Business Days following the date of the Purchase Order, the Performance and Warranty Guarantee shall be irrevocable autonomous, approved in advance by ISR and issued in the form attached hereto as Annex D in the amount equal to ten percent (10%) of the System Price, valid until two (2) months following the end of the Warranty Period and/or the Optional Warranty Period. Until Supplier shall have issued the Performance and Warranty Guarantee as per the above, ISR will retain the Bid Guarantee and may consider the Bid Guarantee as the Performance and Warranty Guarantee (or part thereof) for any and all purposes. If ISR elects to exercise its rights set forth in 19.1, Supplier shall ensure that the Performance and Warranty Guarantee remains valid until two months following the end of the Warranty Period. For avoidance of doubt it is specified that the provision of the Performance and Warranty Guarantee to ISR constitute a condition to the payment of any invoice or other payment which may be due to the Supplier.
