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/ 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. Supplier warrants and undertakes that (a) the Deliverables shall be performed in accordance with best industry standards; (b) any persons involved will have the necessary skill, experience and expertise to provide the Deliverables pursuant to the Agreement;(c) it shall direct its personnel to comply with Accenture’s health, safety, and security instructions, when at Accenture’s premises; (d) it is knowledgeable and will remain in full compliance with all applicable laws, regulations to which it is or becomes subject, including export and import laws, regulations and policies and that it will make all filings and registrations with appropriate governmental bodies and authorizations required to provide the Deliverables and(e) in case of products, the Deliverables are new and do not contain used or reconditioned parts unless Accenture agrees in writing.
PERFORMANCE/ WARRANTIES. 2.1 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 this PO/ agreement or as agreed upon by the Parties in writing. Supplier warrants that if any Deliverable(s) fails to meet any such Specifications or requirements, 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.
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. To the full extent permitted by law, all express or implied warranties, representations, terms and conditions other than those expressly specified in the Agreement are excluded. The Supplier acknowledges that it is acquiring all Deliverables supplied under the Agreement for the purposes of a business and that the guarantees provided under the Consumer Xxxxxxxxxx Xxx 0000 shall not apply. Each Party acknowledges that it has not relied on any other term, condition, representation, warranty, matter, statement or conduct in entering into this Agreement.
PERFORMANCE/ WARRANTIES. Seller warrants to Nielsen and Xxxxxxx’x customers for the longer of Seller's normal warranty period or for one (1) year following the date of Xxxxxxx'x acceptance of the Products that: (i) when received by Nielsen from Seller, the Products will be free from defects in design, material, workmanship and manufacture; (ii) the Products will conform to the applicable documentation, or to other descriptions and specifications set forth in this Purchase Agreement; (iii) the Products will be suitable for the purposes for which Nielsen intends, including without limitation purposes made known to Seller; and (iv) all Products will be new and unused, unless otherwise specified by Nielsen. The foregoing warranties are in addition to all other warranties, whether express or implied, and will survive delivery, inspection, acceptance, or payment by Nielsen.
PERFORMANCE/ WARRANTIES. 2. 履行/保證 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. 供應商保證和承諾，交付成果絕無材質和工藝上的缺陷，並符合本協議約定的或雙方書面同意的一切規格或要求。供應商保證，如果任何交付成果未能滿足這些規格或要求或者在其他方面不合規，供應商將在收到不符合規定及要求的書面通知後 10 天內自費糾正此類缺陷或向埃森哲提交其認可 的缺陷糾正計畫。如果未能在此 10 天期限內糾正缺陷或埃森哲不接受此糾 正計畫，埃森哲將有權要求供應商：(i) 全額退款；(ii) 立即免費更換或重新提供。即使雙方未在本協議中約定有關交付成果的任何規格或要求，所有交付成果也須經過埃森哲的檢查和驗收。
PERFORMANCE/ WARRANTIES. 2.1 Supplier warrants and undertakes that Deliverables will be free from defects in design, material and workmanship, be fit for purpose intended by Accenture and will conform to the Technical Specifications or agreed upon by the Parties in writing or as prescribed by applicable laws.
PERFORMANCE/ WARRANTIES. 2.1 Supplier warrants and undertakes that Deliverables and/or Services will comply with: (i) any specifications or requirements in the Agreement or agreed upon by the Parties in writing, and (ii) all national, international, and European Union standards binding in the Republic of Poland on a delivery date. Furthermore, Supplier warrants and undertakes that Deliverables will be performed with the highest professional diligence and with no defects or faults in material and workmanship. If any Deliverable(s)and / or Services fails to meet any specifications or requirements specified in the Agreement or is otherwise nonconforming or inconsistent with the applicable laws, Supplier will, at its own cost and expense and within 7 (seven) 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 7- 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 of the amounts paid by Accenture; or (ii) promptly replace rejected Deliverable(s) or reperform the rejected Services at the Supplier cost. 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/ WARRANTIES. Nabnasset hereby represents and warrants that the Licensed Software will, at the time of shipment, substantially conform to the Program documentation provided by Nabnasset when given normal, proper, and intended Use. Nabnasset shall have no obligation to make repairs or replacements to the Licensed Software to the extent any damage, defect, malfunction, error, or loss in, to, or out of the Licensed Software results in whole or in part from catastrophe, fault, or negligence of Licensee, or from improper or unauthorized Use of the Licensed Software, or use of the Licensed Software in a manner for which the Licensed Software was not designed, or by causes external to the Licensed Software such as but not limited to power failure or electric power surges. Nabnasset will replace any Licensed Software storage media which is defective upon request by Licensee made within thirty (30) days after shipment of the Licensed Software and upon return of the original storage media containing the Licensed Software. The sole remedy of the Licensee for defects in the media shall be the repair or replacement of the defective media. This warranty shall not be applicable in the event that any modifications to the Licensed Software or its storage media are made by Licensee or its employees, agents or contractors without the prior written consent of Nabnasset.
PERFORMANCE/ WARRANTIES. Proofpoint warrants that during the Subscription Term the applicable Service (“SaaS Warranty”) and Software (“Software Warranty”) will substantially conform in all material respects to the Documentation. Customer will provide prompt written notice of any non-conformity. Proofpoint may modify the Documentation in its sole discretion, provided the functionality of the Service or Software, as applicable, will not be materially decreased during the Term. The Software Warranty does not apply to: (a) Software that has been modified by any party other than Proofpoint; or (b) Software that has been improperly installed or used in a manner other than as authorized under the Agreement. The following shall be applicable in the event that Customer purchases an Appliance: xxxxx://xxx.xxxxxxxxxx.xxx/us/support/email-appliance-warranty-eol.
