Common use of PERFORMANCE/ WARRANTIES Clause in Contracts

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.

Appears in 18 contracts

Samples: . Agreement, . Agreement, . Agreement

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PERFORMANCE/ WARRANTIES. Supplier warrants and undertakes that the Deliverables will be free from defects in design, material and workmanship workmanship, be fit for purpose intended by Accenture and will conform to any specifications or requirements in the Agreement or agreed upon by the Parties in writingwriting or as prescribed by applicable laws. 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 chargecharge or cost to Accenture. Supplier agrees to undertake the repairs or deliver Deliverables in the manner and at the place specified by Accenture. All Deliverables will be subject to an inspection inspection, testing 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 healthinspection, safety, and security instructions, when at testing or acceptance of Deliverables does not in any way change or affect the Supplier’s obligations or Accenture’s premises; rights under the Agreement. Nothing in the Agreement shall operate so as to exclude, restrict or modify the application of the Competition and Consumer Xxx 0000 (dCth) 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 productsany equivalent state or territory legislation, the Deliverables are new and exercise of a right conferred by such a provision, or any liability of either Party for a breach of a condition or warranty implied by such a provision, where this legislation would render it void to do not contain used or reconditioned parts unless Accenture agrees in writingso.

Appears in 2 contracts

Samples: . Agreement, . Agreement

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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(eDeliverables; and (e) in case of products, the Deliverables are new and do not contain used or reconditioned parts unless Accenture agrees otherwise in writing.

Appears in 2 contracts

Samples: . Agreement, . Agreement

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