Common use of Product Performance and Product Warranties in General Clause in Contracts

Product Performance and Product Warranties in General. Contractor hereby warrants and represents that products acquired by ITS under this Contract conform to the manufacturer’s specifications, performance standards and documentation and that the documentation fully describes the proper procedure for using the products. Contractor further warrants and represents that products, components or parts specified and furnished by or through Contractor, whether specified and furnished individually or as a system, shall be free from defects in material and workmanship and will conform to all requirements of the Contract for the manufacturer’s standard commercial warranty period, if applicable (the “product warranty period”). During the product warranty period, defects in the materials or workmanship of products, components, or parts specified and furnished by or through Contractor, whether specified and furnished individually or as a system, must be repaired or replaced by Contractor at no cost or expense to ITS. Contractor shall extend the product warranty period for individual products, or for the system as a whole, as applicable, by the cumulative periods of time, after notification, during which an individual product, or the system as a whole, requires repairs or replacement resulting in down time or is in the possession of the Contractor, its agents, officers, Subcontractors, distributors, resellers or employees (“extended warranty”). Any component or part replaced by the Contractor under the Contract warranties must be guaranteed for the greater of: (i) the product warranty period set forth herein; or (ii) the manufacturer’s standard commercial warranty period offered for the component or part, if applicable. All costs for materials, labor, and transportation incurred to repair or replace products, parts, components, or systems as a whole during the warranty period shall be borne solely by the Contractor, and neither the State nor ITS must in any event be liable or responsible therefor. Where Contractor, an independent software vendor (ISV), or other third-party manufacturer markets any product delivered by or through Contractor with a standard commercial warranty, such standard warranty shall be in addition to, and not relieve the Contractor from, Contractor’s warranty obligations during the product warranty and extended warranty periods. Where such standard commercial warranty covers all or some of the product warranty or extended warranty periods, Contractor shall be responsible for the coordination during the product warranty or extended warranty periods with the ISV or other third-party manufacturers for warranty repair or replacement of the applicable product. Where Contractor, ISV or other third-party manufacturer markets any product with a standard commercial warranty that goes beyond the product warranty or extended warranty periods, Contractor must notify ITS and pass through the standard commercial warranty to ITS at no additional charge; provided, however, that Contractor must not be responsible for coordinating services under the standard commercial warranty after expiration of the product warranty and extended warranty periods. Unless recycled, recyclable, or recovered materials are available and approved by ITS, product offered shall be standard new equipment, current model or most recent release of regular stock product with all parts regularly used with the type of equipment offered. Contractor further warrants and represents that no component or part shall be substituted or applied contrary to the manufacturer’s recommendations and standard practice. Contractor shall not be responsible for any modification of the products made by ITS without Contractor’s approval.

Product Performance and Product Warranties in General. Contractor hereby warrants and represents that products acquired by ITS under this the Contract conform to the manufacturer’s specifications, performance standards and documentation and that the documentation fully describes the proper procedure for using the products. Contractor further warrants and represents that products, components or parts specified and furnished by or through Contractor, whether specified and furnished individually or as a system, shall be free from defects in material and workmanship and will conform to all requirements of the Contract for the manufacturer’s standard commercial warranty period, if applicable (the “product warranty period”). During the product warranty period, defects in the materials or workmanship of products, components, or parts specified and furnished by or through Contractor, whether specified and furnished individually or as a system, must be repaired or replaced by Contractor at no cost or expense to ITS. Contractor shall extend the product warranty period for individual products, or for the system as a whole, as applicable, by the cumulative periods of time, after notification, during which an individual product, or the system as a whole, requires repairs or replacement resulting in down time or is in the possession of the Contractor, its agents, officers, Subcontractorssubcontractors, distributors, resellers or employees (“extended warranty”). Any component or part replaced by the Contractor under the Contract warranties must be guaranteed for the greater of: (i) the product warranty period set forth herein; or (ii) the manufacturer’s standard commercial warranty period offered for the component or part, if applicable. All costs for materials, labor, and transportation incurred to repair or replace products, parts, components, or systems as a whole during the warranty period shall be borne solely by the Contractor, and neither the State nor ITS must in any event be liable or responsible therefor. Where Contractor, an independent software vendor (ISV), Contractor or other third-party manufacturer markets any product delivered by or through Contractor with a standard commercial warranty, such standard warranty shall be in addition to, and not relieve the Contractor from, Contractor’s warranty obligations during the product warranty and extended warranty periods. Where such standard commercial warranty covers all or some of the product warranty or extended warranty periods, Contractor shall be responsible for the coordination during the product warranty or extended warranty periods with the ISV or other third-party manufacturers for warranty repair or replacement of the applicable product. Where Contractor, ISV Contractor or other third-party manufacturer markets any product with a standard commercial warranty that goes beyond the product warranty or extended warranty periods, Contractor must notify ITS and pass through the standard commercial warranty to ITS at no additional charge; provided, however, that Contractor must not be responsible for coordinating services under the standard commercial warranty after expiration of the product warranty and extended warranty periods. Unless recycled, recyclable, or recovered materials are available and approved by ITS, product offered shall be standard new equipment, current model or most recent release of regular stock product with all parts regularly used with the type of equipment offered. Contractor further warrants and represents that no component or part shall be substituted or applied contrary to the manufacturer’s recommendations and standard practice. Contractor shall not be responsible for any modification of the products made by ITS without Contractor’s approval.

Product Performance and Product Warranties in General. Contractor hereby warrants and represents that products acquired by ITS under this Contract conform to the manufacturer’s specifications, performance standards and documentation and that the documentation fully describes the proper procedure for using the products. Contractor further warrants and represents that products, components or parts specified and furnished by or through Contractor, whether specified and furnished individually or as a system, shall be free from defects in material and workmanship and will conform to all requirements of the Contract for the manufacturer’s standard commercial warranty period, if applicable (the “product warranty period”). During the product warranty period, defects in the materials or workmanship of products, components, or parts specified and furnished by or through Contractor, whether specified and furnished individually or as a system, must be repaired or replaced by Contractor at no cost or expense to ITS. Contractor shall extend the product warranty period for individual products, or for the system as a whole, as applicable, by the cumulative periods of time, after notification, during which an individual product, or the system as a whole, requires repairs or replacement resulting in down time or is in the possession of the Contractor, its agents, officers, Subcontractors, distributors, resellers or employees (“extended warranty”). Any component or part replaced by the Contractor under the Contract warranties must be guaranteed for the greater of: (i) the product warranty period set forth herein; or (ii) the manufacturer’s standard commercial warranty period offered for the component or part, if applicable. All costs for materials, labor, and transportation incurred to repair or replace products, parts, components, or systems as a whole during the warranty period shall be borne solely by the Contractor, and neither the State nor ITS must in any event be liable or responsible therefor. Where Contractor, an independent software vendor (ISV), or other third-party manufacturer markets any product delivered by or through Contractor with a standard commercial warranty, such standard warranty shall be in addition to, and not relieve the Contractor from, Contractor’s warranty obligations during the product warranty and extended warranty periods. Where such standard commercial warranty covers all or some of the product warranty or extended warranty periods, Contractor shall be responsible for the coordination during the product warranty or extended warranty periods with the ISV or other third-party manufacturers for warranty repair or replacement of the applicable product. Where Contractor, ISV or other third-party manufacturer markets any product with a standard commercial warranty that goes beyond the product warranty or extended warranty periods, Contractor must notify ITS and pass through the standard commercial warranty to ITS at no additional charge; provided, however, that Contractor must not be responsible for coordinating services under the standard commercial warranty after expiration of the product warranty and extended warranty periods. Unless recycled, recyclable, or recovered materials are available and approved by ITS, product offered shall be standard new equipment, current model or most recent release of regular stock product with all parts regularly used with the type of equipment offered. Contractor's Z-series equipment may have used or reclaimed parts, however, so long as the warranty provided by Contractor for same is the same as for Contractor's new products. Contractor further warrants and represents that no component or part shall be substituted or applied contrary to the manufacturer’s recommendations and standard practice. Contractor shall not be responsible for any modification of the products made by ITS without Contractor’s approval.