Product and Services Warranties Sample Clauses

Product and Services Warranties. Schedule 3.27 hereto lists (i) product warranty claims made against the Company which, in the aggregate, exceed $10,000, (ii) the cost of satisfying such claims, and (iii) the cost of servicing products and making adjustments or providing replacements with respect to returned products. The Company is not aware of any additional pending or threatened product warranty claims in excess of the aggregate amount of $10,000 or any basis upon which product warranty claims could be based. There are no design or other defects that could give rise to future product warranty claims. Adequate reserves have been provided for by the Company to cover its product warranty liability.
Sample 1
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Product and Services Warranties. 1. The Supplier warrants that it will: (a) provide the Products and Services at all times exercising due care, skill and judgment, in a proper workmanlike manner, and in accordance with the Company’s specifications; (b) provide the Products and Services in the timeframes specified in the Agreement or as otherwise specified by the Company; (c) ensure that all methods and procedures employed in performing the Services and supplying the Products are ethical and are, where possible, best practice methods and procedures currently employed in the industry; (d) ensure that only qualified and experienced personnel work on the provision of the Products and Services; (e) provide the Products and Services in accordance with all the Company’s reasonable requirements and directions; (f) prepare and submit to the Company such reports as are required as to the Supplier’s performance as and when required by the Company. (g) ensure that in providing the Products and Services all applicable laws and regulations are complied with; and (h) ensure that no act or omission of the Supplier may or may be likely to prejudice or harm the interests of the Company.
Sample 1
Product and Services Warranties. (a) Contractor warrants that all products provided under this Master Agreement are new and will perform to the manufacturer’s specifications and Contractor further warrants against defects in material and workmanship and that Contractor will expeditiously provide on-site maintenance service and support (as described in paragraph 5(d) above) to correct or repair any operational deficiencies in the products for a period of five (5) years following acceptance by the Purchasing Group member. In addition, Contractor warrants it will pass through all manufacturer-supplied end-user warranties to the Purchasing Group member on all products provided under this Master Agreement. (b) Contractor further warrants that all services will be rendered in a good and workmanlike manner by skilled personnel in compliance with all applicable laws, regulations, and industry standards. (c) Contractor further warrants that it has obtained from the manufacturers of all products provided under this Master Agreement, and has the authority to and will assign or pass through to the purchaser of such products, the following representations and warranties: that the manufacturers will, at their own expense, defend, indemnify and hold harmless Contractor and each Purchasing Group member from and against any claim, charge, demand, proceeding, suit, liability, loss, cost, expense, order, decree, attorneys fees, court costs, trial or appeal and judgments, including damages of any kind, resulting from, arising out of or in connection with any actual or claimed: (a) personal injury (including death), property damage or loss of any nature whatsoever alleged to have occurred as a result of the use of any of the products covered by this Master Agreement,
Sample 1
Product and Services Warranties. (a) Except as disclosed in Schedule 3.25(a), to Sellers’ Knowledge the goods manufactured, installed, sold, maintained, repaired or otherwise provided and the services performed by or on behalf of (including by third party contractors or subcontractors or other Representatives of) the Companies prior to the Closing have complied in all material respects with, and conformed in all material respects to, all applicable (i) Law, (ii) Contracts, and (iii) express or implied warranties made by or on behalf of, or otherwise imposed upon, the Companies. (b) Except as disclosed in Schedule 3.25(b), to Sellers’ Knowledge all such goods provided and services performed by or on behalf of (including by third party contractors or subcontractors or other Representatives of) the Companies prior to the Closing were not and are not subject to, and to Sellers’ Knowledge, no Company or any Representative could have any material liability under any legal, equitable, or statutory theory to any Person as a result of the provision of such goods or the performance of such services, under any written guaranty, warranty, or other indemnity other than the applicable master service agreements which are listed in Schedule 3.08(a).
Sample 1
Product and Services Warranties. Contractor warrants that all products provided under this Master Agreement are new and will perform to the manufacturer’s specifications and Contractor further warrants against defects in material and workmanship and that Contractor will expeditiously provide on-site maintenance service and support (as described in paragraph 5(d) above) to correct or repair any operational deficiencies in the products for a period of five (5) years following acceptance by the Purchasing Group member. In addition, Contractor warrants it will pass through all manufacturer-supplied end-user warranties to the Purchasing Group member on all products provided under this Master Agreement.
Sample 1
Product and Services Warranties. The Supplier warrants that it will:
Sample 1
Product and Services Warranties. SECTION 3.21 of the Disclosure Schedule sets forth a complete list of all outstanding product and service warranties and guaranties on any of the products or services that the Company distributes, services, markets, sells, manufactures, assembles or otherwise produces for itself, or customers or a third party (each such product or service shall be referred to herein as a "COMPANY PRODUCT").
Sample 1
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Product and Services Warranties. With respect to any express warranty as to products sold by the Acquired Business, there is no written notice, claim or inquiry pending or, to the Knowledge of Seller, threatened alleging any material breach of any such warranty, other than (i) individual warranty claims incurred in the ordinary course of business consistent with past practice or (ii) as would not be, individually or in the aggregate, material to the Acquired Business.
Sample 1
Product and Services Warranties 
Sample 1

Related to Product and Services Warranties

  • Product and Service Warranties 21- SECTION 3.30

  • Services Warranty The Contractor warrants and represents that each of its employees, Subcontractors, or agents assigned to perform any services under the terms of this Agreement shall have the skills, training, and background reasonably commensurate with his or her level of performance or responsibility, so as to be able to perform in a competent and professional manner. The Contractor further warrants that the services provided hereunder will conform to the requirements of this Agreement. All warranties, including any special warranties specified elsewhere herein, shall inure to the Judicial Council, its successors, assigns, customer agencies, and any other recipients of the services provided hereunder.

  • Product Warranties Except as set forth in Schedule 3.15, (a) there are no warranties express or implied, written or oral, with respect to the Business and (b) there are no pending or threatened claims with respect to any such warranty, and Seller has no liability with respect to any such warranty, whether known or unknown, absolute, accrued, contingent or otherwise and whether due or to become due.

  • Support and Services ISD and HC agree to the following conditions: A. HC agrees to the following for both the mathematics and English language arts courses: i. To share data and provide feedback regarding student success on entry‐level college mathematics and English language arts courses; ii. To train advisors to recognize and honor course(s) on school district transcripts; iii. To ensure that eligible students are counseled directly into college level mathematics, English language arts, and all other courses that require mathematics and English language arts college readiness; B. HC agrees to the following for the college preparatory mathematics courses: i. To provide the Student Learning Outcomes; ii. To provide the syllabi for the courses being offered. iii. To provide regular meetings between the HC faculty and ISD faculty teaching the course. C. HC agrees to the following for the college preparatory English language arts course: i. To provide the Student Learning Outcomes for Integrated Reading/Writing (INRW 0303) course; ii. To provide the syllabi, including types of essays required (i.e., expository, persuasive, and critical analysis). iii. To provide regular meetings between the HC faculty and ISD faculty teaching the course. D. ISD agrees to the following for both the mathematics and English language arts courses: i. To provide highly qualified instructors for the courses being taught; ii. To identify students who are not college ready as stated in HB 5; iii. To provide professional development and resources required to teach the mathematics and English language arts courses; iv. To identify successful completion of the course(s) on the student transcripts as determined by the State of Texas PEIMS number; v. To provide curriculum for the course that is consistent with HC Student Learning Outcomes; vi. To provide assistance with admission, enrollment, and financial aid applications; E. ISD agrees to the following for the college preparatory mathematics course: i. To teach a math course designed to focus on college mathematics (algebraic or non‐algebraic) concepts; ii. Require students to meet college readiness scores on the TSI Assessment; iii. To meet regularly with HC faculty. F. ISD agrees to the following for the college preparatory English language arts course: i. To teach an integrated Reading and Writing course that focuses on critical reading and college‐level writing; ii. Require students to meet college readiness scores on the TSI Assessment; iii. To meet regularly with HC faculty.

  • SUPPLIER’S WARRANTIES 16.1 The Supplier represents, warrants and undertakes to the Authority that: 16.1.1 the Supplier has the full right, power and authority to enter into and perform this Agreement and to grant all of the Authority Rights to the Authority and for the Authority to use and exploit the same as contemplated in this Agreement; 16.1.2 all information, representations, warranties and other matters of fact contained in the Supplier’s tender submission as part of the competitive tender process referred to in the recitals to this Agreement are true, complete and accurate in all respects and the Supplier agrees to be bound by the obligations and statements made in such tender submission as if the same were set out in this Agreement, save where there is any inconsistency between the terms of this Agreement and such tender submission the terms of this Agreement shall prevail; 16.1.3 save in respect of any Third Party Content, no Deliverable has and no Deliverable will have been broadcast, released or otherwise exploited in any Broadcast Media anywhere in the world prior to the relevant Delivery Date; 16.1.4 there is no contract or arrangement to which the Supplier is a party and the Supplier will not enter into any contract or arrangement and there is and will be no other encumbrance or restriction which could in any way interfere with or inhibit the full exercise or exploitation of any and all of the Authority Rights by the Authority; 16.1.5 the Supplier has paid and shall promptly pay all sums due to any person who is or may be entitled to any payment in respect of services or facilities rendered or goods supplied or rights granted in connection with the Deliverables or on the exercise by the Authority of any of the Authority Rights or in respect of any tax, duty, levy, national insurance or any similar payment in connection with the Deliverables required to be made by the Supplier; 16.1.6 the Supplier will have, by and as at the relevant Delivery Date, obtained all necessary consents, grants, clearances and rights (including any rights in musical compositions contained within the Deliverables (if any) which are controlled by the Performing Right Society or its affiliated bodies) to enable it to produce and deliver the Deliverables and to grant to and enable the Authority to exercise the Authority Rights free from any liens, claims and encumbrances; 16.1.7 to the extent any musical compositions are contained in the Deliverables: 16.1.7.1 all recording synchronisation and dubbing licences have been obtained and licence fees have been paid; and 16.1.7.2 the performing rights in such compositions shall throughout the Term be controlled (i) by the Performing Right Society or its affiliated bodies; or (ii) by the Supplier; or (iii) are in the public domain, in all cases to the extent required for the purposes of the Authority's full exercise of its rights as contemplated by this Agreement; 16.1.8 no claim or litigation is pending or threatened in respect of the Deliverables or any the Authority Rights; 16.1.9 the Deliverables will be produced in accordance with all Laws (including with respect to health and safety); 16.1.10 the Deliverables will be free from all Viruses; 16.1.11 the Deliverables will not contain anything which is in contravention of the Codes and Guidelines or any Laws or which is obscene, blasphemous, seditious, racially inflammatory, defamatory or which infringes the rights of any person, including rights of copyright or trade marks or service marks, privacy, publicity or confidentiality or any other civil or common law or statutory right whatsoever or breaches any contract or is in contempt of court; 16.1.12 the Supplier has not entered and will not enter into any co-production, co-financing, pre-sale or other arrangement or agreement which involves the surrender by the Supplier of any control of the Deliverables; 16.1.13 all information, records and data provided to the Authority and with respect to the Deliverables and the production process will be accurate in all respects, full and up to date; 16.1.14 the Supplier is not insolvent nor unable to pay its debts as they fall due and no steps have been taken with a view to the winding-up or administration of the Supplier or the making of any composition or arrangement with any creditors of the Supplier; and 16.1.15 the Supplier will not at any time do or say anything which is or may be considered by the Authority (acting reasonably) to be detrimental or prejudicial to or to affect adversely the name, image, reputation or business of the Authority or otherwise to bring the Authority or any member of the Authority Group into disrepute. 16.2 The Supplier's warranties shall be deemed repeated on each Delivery Date (or, if any Deliverables are delivered to the Authority after the scheduled Delivery Date and the Authority has not exercised any right under this Agreement to treat such delay as an Event of Default under clause 27.1, within ten Working Days of the date of actual delivery) and on every occasion when the Authority exercises its Authority Rights.

  • 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.

  • Customer Warranties Customer warrants that (i) if an entity, it is duly organized and validly existing in good standing; (ii) it is duly authorized to execute, deliver, and perform its obligations under this Agreement; (iii) when duly executed and delivered by each Party, the Agreement will constitute Customer’s legal, valid, and binding obligation, enforceable against it in accordance with its terms; (iv) it is not insolvent and is paying all of its debts as they become due; (v) any payments made pursuant to the Agreement are intended by it to be a substantially contemporaneous exchange for new value given to it; (vi) each payment made of a debt incurred by it under this Agreement is or was in the ordinary course of its business or financial affairs, and (vii) all information supplied by Customer is complete and accurate.

  • Supplier Warranties The warranties made by Supplier with respect to each Product are solely those that are contained in the product insert accompanying such Product. No other affirmation of fact or promise made by Distributor or its Suppliers, whether or not in this Agreement, by words or action shall constitute a warranty. The foregoing warranty does not extend to any Product that is modified or altered, or treated with abuse, negligence or other improper treatment. Standard Limited Warranty. Distributor shall pass on to Subdistributor so that it may pass on to the customers the Supplier’s standard limited warranty for Products, including limitations set for in subsection (b) Limitation of Liability and Warranty below. Except for the stated warranty set forth on, or included with, the Products as delivered to the Subdistributor and /or its customers, the warranty and remedy set forth in this 0 are exclusive and all other warranties, guarantees or representations, express or implied, by Distributor’s Suppliers with respect to the applicable Products, including, without limitation, warranties of merchantability and fitness for particular purpose, and any other obligation or liability of Distributor and its Suppliers to Subdistributor or to any third party with respect to the Products, are hereby excluded. This warranty is contingent upon proper use of a Product in the application for which such Product was intended and does not cover Products that were modified without Distributor or its Supplier’s prior written approval, that have expired or that were subjected to physical, chemical or electrical stress that the products were not originally designed for.

  • 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.

  • Products and Services General Information

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