Common use of Product Performance Clause in Contracts

Product Performance. Contractor hereby warrants and represents that the Products acquired by the Authorized User under the terms and conditions of this Contract conform to the specifications in the Authorized User Agreement, performance standards and documentation, and the documentation fully describes the proper procedure for using the Products. Contractor further warrants and represents that (a) if the Products acquired by the Authorized User pursuant to an Authorized User Agreement under this Contract include software application development, software application customization, software programming, software integration or similar items (“Software Deliverables”) then such Software Deliverables shall be free from defects in material and workmanship and will conform with all requirements of the Contract and Authorized User Agreement for the warranty period, or for a minimum of sixty (60) calendar days from the date of acceptance of the completed project, whichever is longer (“Project warranty period”), and that (b) Products, components or deliverables specified and furnished by or through Contractor shall individually, and where specified and furnished as a system, be free from defects in material and workmanship and will conform with all requirements of the Contract and Authorized User Agreement for the warranty period, or for a minimum of sixty (60) calendar days from the date of acceptance of the completed project, whichever is longer (“Project warranty period”). Unless recycled or recovered materials are available in accordance with the Remanufactured, Recycled, Recyclable or Recovered Materials clause, 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 attachment or part has been substituted or applied contrary to the manufacturer’s recommendations and standard practice. Contractor also warrants that the Products, in the form provided to the Authorized User, do not infringe any copyright, trademark, trade secret or other right of any third party.

Product Performance. Contractor hereby warrants and represents that the Products acquired by the Authorized User under the terms and conditions of this Contract conform to the specifications in the Authorized User Agreement, performance standards and documentation, and the documentation fully describes the proper procedure for using the Products. Contractor further warrants and represents that (a) if the Products acquired by the Authorized User pursuant to an Authorized User Agreement under this Contract include software application development, software application customization, software programming, software integration or similar items (“Software Deliverables”) then such Software Deliverables shall be substantially free from defects in material and workmanship and will conform with all requirements of the Contract and Authorized User Agreement for the warranty period, or for a minimum of sixty (60) calendar days from the date of acceptance of the completed project, whichever is longer (“Project warranty period”), and that (b) Products, components or deliverables specified and furnished by or through Contractor shall individually, and where specified and furnished as a system, be substantially free from defects in material and workmanship and will conform with all requirements of the Contract and Authorized User Agreement for the warranty period, or for a minimum of sixty (60) calendar days from the date of acceptance of the completed project, whichever is longer (“Project warranty period”). Unless recycled or recovered materials are available in accordance with the Remanufactured, Recycled, Recyclable or Recovered Materials clause, 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 attachment or part has been substituted or applied contrary to the manufacturer’s recommendations and standard practice. Contractor also warrants that the Products, in the form provided to the Authorized User, do not infringe any copyright, trademark, trade secret or other right of any third party.