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. Nothing in the Agreement shall operate so as to exclude, restrict or modify the application of the Competition and Consumer Xxx 0000 (Cth) or any equivalent state or territory legislation, the exercise of a right conferred by such a provision, or any liability of either Party to the Agreement for a breach of a condition or warranty implied by such a provision, where this legislation would render it void to do so.

Appears in 4 contracts

Samples: General Terms and Conditions of Purchase, General Terms and Conditions of Purchase, General Terms and Conditions of Purchase

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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. Nothing in the Agreement shall operate so as to exclude, restrict or modify the application of the Competition and Consumer Xxx 0000 (Cth) or any equivalent state or territory legislation, the exercise of a right conferred by such a provision, or any liability of either Party party to the Agreement for a breach of a condition or warranty implied by such a provision, where this legislation would render it void to do so.

Appears in 3 contracts

Samples: General Terms and Conditions of Purchase, General Terms and Conditions of Purchase, General Terms and Conditions of Purchase

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. Nothing in the Agreement shall operate so as to exclude, restrict or modify the application of the Competition and Consumer Xxx 0000 Act 2010 (Cth) or any equivalent state or territory legislation, the exercise of a right conferred by such a provision, or any liability of either Party party to the Agreement for a breach of a condition or warranty implied by such a provision, where this legislation would render it void to do so.

Appears in 2 contracts

Samples: General Terms and Conditions of Purchase, General Terms and Conditions of Purchase

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. Nothing To the full extent permitted by law, all express or implied warranties, representations, terms and conditions other than those expressly specified in the Agreement shall operate so as to exclude, restrict or modify the application of the Competition and Consumer Xxx 0000 (Cth) or any equivalent state or territory legislation, the exercise of a right conferred by such a provision, or any liability of either Party to are excluded. The Supplier acknowledges that it is acquiring all Deliverables supplied under the Agreement for a breach the purposes of a condition business and that the guarantees provided under the Consumer Guarantees Act 1993 shall not apply. Each Party acknowledges that it has not relied on any other term, condition, representation, warranty, matter, statement or warranty implied by such a provision, where conduct in entering into this legislation would render it void to do soAgreement.

Appears in 1 contract

Samples: General Terms and Conditions of Purchase

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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. Nothing The Supplier warrants that the Supplier will not engage any PSC Contractor in the Agreement shall operate so as to exclude, restrict or modify the application provision of the Competition Deliverables and Consumer Xxx 0000 (Cth) or will not permit a PSC Contractor to undertake any equivalent state or territory legislationwork for Accenture, without the exercise express consent of Accenture. For the purpose of this clause and this Agreement a right conferred by such a provision, or any liability of either Party to the Agreement for a breach of a condition or warranty implied by such a provision, where this legislation would render it void to do so.

Appears in 1 contract

Samples: General Terms and Conditions of Purchase

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