Performance Standards and Warranties Sample Clauses

Performance Standards and Warranties. The Company will cooperate with the Client's staff and the Client in the performance of the Services. The Company warrants and states that [the Services will be conducted professionally and on time and the Company has no actual or potential interest in harming the Client by reference to the subject matter of this Agreement]. The Client shall report any deficiencies in the Services to company in writing within ( ) days after such Services are performed to receive warranty warranty efforts. The sole client and exclusive remedy and all liability of the Company for breach of this warranty will be re-performed from the understaffed Service. If, for any reason, the Company cannot or does not deficiencies, the Client may terminate this Agreement as stated in Article 3.2. The Company shall not be responsible or liable for delays in the provision of the Services, or any part there over, which is sometimes by the Client's failure to complete tasks in a timely manner or comply with its own schedule. 1.3 Nature of the Services. All reports, documents, files, media or other written material (Written Works) created, developed or produced by the Company in connection with the Services shall and remain the client's and the Client's property exclusively. The Company agrees to assign and transfer all of its rights, title and interests in the Written Work to the Client without limitation or limitation of its use or dissemination. The Client does not under this Agreement acquire any proprietary rights in or to software, documentation, tools, techniques, methodologies, or other materials that have not been created as part of the Services and which are the property of the Company.
Sample 1
Performance Standards and Warranties. (a) Warranty. DigitalGlobe warrants that, after Acceptance, the DAF will perform substantially in accordance with the DAF System Requirements contained in Appendix A. DigitalGlobe warrants that the DAF components purchased by DigitalGlobe are new and up to date. DigitalGlobe has advised Customer that portions or all of the DAF components may have previously been placed into service during testing and integration of the system for sale thereof to Customer. DigitalGlobe warrants that the Equipment and Software purchased by the Customer shall be under the warranty of DigitalGlobe for a period of twelve (12) months beginning from the date of Acceptance. Notwithstanding anything else in this DAF Purchase Agreement to the contrary, Customer’s sole and exclusive remedy and the sole obligation of DigitalGlobe and its Suppliers in the event the DAF fails to comply with this warranty is repair or replacement, at DigitalGlobe’s election, of the defective DAF component, or portions thereof. The warranty given hereunder does not extend to any performance discrepancy that is primarily due to the Customer’s and/or End-User’s failure to operate and maintain the DAF in accordance with the Documentation or the failure for the Hitachi Equipment to meet any of its specifications. (b) Documentation of Performance Discrepancies. Customer and/or End-User shall provide documentation of any such discrepancy in the post-Acceptance performance of the DAF that they believe exists. If DigitalGlobe disagrees that there are material discrepancies in the performance of the DAF, or if DigitalGlobe concludes that the discrepancies are primarily due to the Customer’s and/or End-User’s failure to operate and maintain the DAF in accordance with the Documentation, or that the discrepancies are due the failure for the Hitachi Equipment to meet any of its specifications, DigitalGlobe shall provide documentation that the DAF is performing according to the DAF System Specifications set forth in Appendix A. If the parties are unable to agree on the cause of the discrepancy within a thirty (30) day period, then both parties’ vice presidents shall discuss, in good faith, issues in order to reach a mutually acceptable accommodation within fifteen (15) days. If the parties fail to reach a mutually acceptable accommodation within this fifteen (15) day period and if the parties cannot otherwise reach a mutually acceptable accommodation, either party may submit the dispute to arbitration in accordance wit...
Sample 1
Performance Standards and Warranties 
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Related to Performance Standards and Warranties

  • PERFORMANCE/ WARRANTIES Supplier warrants and undertakes that the Deliverables will be free from defects in material and workmanship and will conform to any specifications or requirements in the Agreement or agreed upon by the Parties in writing. Supplier warrants that if any Deliverable(s) fails to meet any such specifications or requirements or is otherwise nonconforming, Supplier will, at its own cost and expense and within 10 days of its receipt of written notice of such failure, either correct such deficiency or provide a plan acceptable to Accenture for correcting such deficiency. If such deficiency is not corrected within such 10-day period or a corrective plan is not accepted by Accenture, Accenture will have the option to require Supplier to: (i) provide a full refund; or (ii) promptly replace or reperform the Deliverable(s) at no charge. All Deliverables will be subject to an inspection and acceptance by Accenture, even if the Parties have not set forth any specifications or requirements regarding the Deliverables in the Agreement.

  • Performance Warranty Contractor shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to County’s satisfaction. Contractor shall be responsible for the professional quality, technical assurance, timely completion and coordination of all documentation and other goods/services furnished by the Contractor under this Contract. Contractor shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of County required in its governmental capacity, in connection with performance of the work. If permitted to subcontract, Contractor shall be fully responsible for all work performed by subcontractors.

  • Performance Standards The Contractor agrees to perform all tasks and provide deliverables as set forth in the Contract. The Department and the Customer will be entitled at all times, upon request, to be advised as to the status of work being done by the Contractor and of the details thereof.

  • Product and Service Warranties 21- SECTION 3.30

  • Contractor’s Performance Warranties Contractor represents and warrants to the State that: (i) Each and all of the services shall be performed in a timely, diligent, professional and skillful manner, in accordance with the highest professional or technical standards applicable to such services, by qualified persons with the technical skills, training and experience to perform such services in the planned environment. (ii) Any time software is delivered to the State, whether delivered via electronic media or the internet, no portion of such software or the media upon which it is stored or delivered will have any type of software routine or other element which is designed to facilitate unauthorized access to or intrusion upon; or unrequested disabling or erasure of; or unauthorized interference with the operation of any hardware, software, data or peripheral equipment of or utilized by the State. Without limiting the generality of the foregoing, if the State believes that harmful code may be present in any software delivered hereunder, Contractor will, upon State’s request, provide a new or clean install of the software. Notwithstanding the foregoing, Contractor assumes no responsibility for the State’s negligence or failure to protect data from viruses, or any unintended modification, destruction or disclosure. (iii) To the extent Contractor resells commercial hardware or software it purchased from a third party, Contractor will, to the extent it is legally able to do so, pass through any such third party warranties to the State and will reasonably cooperate in enforcing them. Such warranty pass-through will not relieve the Contractor from Contractor’s warranty obligations set forth herein.

  • Service Warranties Contractor warrants that: (i) the Services will be rendered with promptness and diligence and will be executed in a workmanlike manner, in accordance with the practices and professional standards used in well-managed operations performing services similar to the Services; and (ii) Contractor will perform the Services in the most cost-effective manner consistent with the required level of quality and performance. Contractor warrants that each Deliverable will conform to and perform in accordance with the requirements of this Agreement and all applicable specifications and documentation. For each such Deliverable, the foregoing warranty shall commence for such Deliverable upon the JBE’s acceptance of such Deliverable, and shall continue for a period of one (1) year following acceptance. In the event any Deliverable does not to conform to the foregoing warranty, Contractor shall promptly correct all nonconformities to the satisfaction of the JBE.

  • Contractor’s Warranties Tenant waives all claims against Landlord relating to any defects in the Tenant Improvements; provided, however, that if, within 30 days after substantial completion of the Tenant Improvement Work, Tenant provides notice to Landlord of any non-latent defect in the Tenant Improvements, or if, within 11 months after substantial completion of the Tenant Improvement Work, Tenant provides notice to Landlord of any latent defect in the Tenant Improvements, then Landlord shall promptly cause such defect to be corrected.

  • SUPPLIER’S WARRANTIES (a) The Supplier warrants that: (i) the Goods supplied and/or Services performed will match the description (if any) referred to in the Order; (ii) the Goods supplied and/or Services performed will be of the highest standard and in accordance with Perseus’s specifications (where those specifications are made known to the Supplier) or in the absence of such specifications, in accordance with any applicable standards or regulations; (iii) if the Supplier gave Xxxxxxx a sample of the Goods or a demonstration of the Services, the Goods and/or Services will be of the same nature and quality as the sample or demonstration given; (iv) the Goods supplied and/or Services performed will be fit for the purpose for which Goods of the same kind are commonly supplied or bought; and/or for the purpose for which Services of the same kind are commonly performed; and/or any other purpose Perseus specifies; (v) it will obtain at its cost all usual trade warranties and any warranties specifically requested by Xxxxxxx in respect of the Goods and/or Services and will assign the benefit of any such warranties to Perseus including any warranties obtained from the Supplier’s subcontractors and/or suppliers; (vi) any Goods supplied will be of merchantable quality and free from any security interest or other encumbrance; (vii) in relation to the provision of any Services: (A) the Supplier and its Associates will exercise the standards of diligence, skill and care normally exercised by a similarly qualified and competent person in the performance of comparable work; (B) any equipment used on the Site by the Supplier will be in safe working condition, comply with all legislation which is applicable to such equipment and be operated and maintained by suitably qualified and competent personnel, to the satisfaction of Xxxxxxx; (C) if the Services are Defective or otherwise do not comply with this clause 3, the Supplier must, if requested by Xxxxxxx, re-perform the Services at the Supplier’s cost and Perseus may terminate the Agreement at no cost to Perseus; and (D) any Services provided must be undertaken by persons who are appropriately licensed, qualified and/or trained to provide those Services; and (viii) it will comply with the requirements under any applicable law in respect of the manufacturing, handling, storage and transport of the Goods and/or the performance of the Services including having obtained and maintained all required licences, permits or approvals and complying with the conditions thereof.

  • Performance and Compliance with Receivables and Contracts At its expense, timely and fully perform and comply with all material provisions, covenants and other promises, if any, required to be observed by the Issuer under the Contracts related to the Receivables.

  • 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.