Common use of PERFORMANCE/ WARRANTIES Clause in Contracts

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. 2.2 Supplier warrants that if any Deliverable(s) fails to meet any Technical Specifications 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 re-perform the Deliverable(s) at no charge or cost to Accenture. Supplier agrees to undertake the repairs or deliver Deliverables in the manner and at the place specified by Accenture. 2.3 All Deliverables will be subject to an inspection, testing and acceptance by Accenture, even if the Parties have not set forth any Technical Specifications regarding Deliverables. Accenture’s inspection, testing or acceptance of Deliverables does not in any way change or affect Supplier’s obligations or Accenture’s rights under the Agreement.

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. 2.2 Supplier warrants that if any Deliverable(s) fails to meet any Technical Specifications 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 re-perform reperform the Deliverable(s) at no charge or cost to Accenture. Supplier agrees to undertake the repairs or deliver Deliverables in the manner and at the place specified by Accenture. 2.3 All Deliverables will be subject to an inspection, testing and acceptance by Accenture, even if the Parties have not set forth any Technical Specifications regarding Deliverables. Accenture’s inspection, testing or acceptance of Deliverables does not in any way change or affect Supplier’s obligations or Accenture’s rights under the Agreement. Nothing in the Agreement shall operate so as to exclude, restrict or modify the application of the relevant applicable laws on civil, commercial or consumers liability for defective products or any equivalent Spanish legislation, the 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 so.

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. 2.2 Supplier warrants that if any Deliverable(s) fails to meet any Technical Specifications 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 re-perform reperform the Deliverable(s) at no charge or cost to Accenture. Supplier agrees to undertake the repairs or deliver Deliverables in the manner and at the place specified by Accenture. 2.3 All Deliverables will be subject to an inspection, testing and acceptance by Accenture, even if the Parties have not set forth any Technical Specifications regarding Deliverables. Accenture’s inspection, testing or acceptance of Deliverables does not in any way change or affect Supplier’s obligations or Accenture’s rights under the Agreement.