Product Warranties and Guarantees Sample Clauses

Product Warranties and Guarantees. Parent and each Company --------------------------------- has provided Buyer with true and correct copies of all written product and service warranties and guarantees in connection with Contracts listed on Schedule 2.8(a).
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Product Warranties and Guarantees. Set forth on Schedule 3.15 are true, complete and correct copies of all written product and service warranties and guarantees, and descriptions of all unwritten product and service warranties and guarantees, in each case given, made or agreed to by Seller or any of its Affiliates in connection with the sale of services of or otherwise with respect to the Business.
Sample 1
Product Warranties and Guarantees. Except with respect to product warranties or guarantees of any nature described in the Disclosure Letter and provided by the Company in the ordinary course of business, the Company is not a party to or bound by any agreement of guarantee, indemnification, assumption or endorsement or any other like commitment of the obligations, liabilities (contingent or otherwise) or indebtedness of any other person, firm or corporation.
Sample 1Sample 2
Product Warranties and Guarantees. Except with respect to forms of product and service warranties or guarantees of any nature set forth in the Disclosure Letter or otherwise provided by the Company in the ordinary course of business, and except for obligations of the Company pursuant to any agreements to which the Company is or was a party and jobs performed by the Company in the ordinary course of business, the Company is not a party to or bound by any agreement of guarantee, indemnification, assumption or endorsement or any other like commitment of the obligations, liabilities (contingent or otherwise) or indebtedness of any other person, firm or corporation.
Sample 1
Product Warranties and Guarantees. Except with respect to product warranties or guarantees of any nature described in Schedule 5.N and provided by DesignFX in the ordinary course of business, DesignFX is not a party to or bound by any agreement of guarantee, indemnification, assumption or endorsement or any other like commitment of the obligations, liabilities (contingent or otherwise) or indebtedness of any other person, firm or corporation. O. MATERIAL AGREEMENTS; VALIDITY; NO DEFAULT. Schedule 5.O sets forth a description of (i) all acquisition agreements pursuant to which DesignFX has any continuing obligation, and any claims by parties other than DesignFX with respect thereto; (ii) all contracts, agreements, commitments, purchase orders or other understandings or arrangements to which DesignFX is a party relating to the sale or furnishing by it of goods or services where the consideration for such sale is $5,000 or more, in any single case, any claims by parties other than DesignFX with respect thereto, and any express product guarantees or warranties made by DesignFX relating to its goods or services; (iii) all contracts, agreements, commitments, purchase orders or other understandings or arrangements to which DesignFX is a party relating to the purchase by it of goods or services where the consideration for such purchase is $5,000 or more, in any single case, and any claims by DesignFX with respect thereto; and (iv) all contracts, agreements and commitments not yet fully performed, pursuant to which DesignFX will acquire the business or any substantial portion of the assets of any other person, firm or corporation. All the contracts, agreements, leases, licenses and commitments required to be listed in any of the Schedules are valid and binding, enforceable in accordance with their respective terms, and are in full force and effect. Except as set forth in such Schedules, there is not under any such contract, agreement, lease, license or commitment (a) any existing material default by DesignFX or any event which, after notice or lapse of time, or both, would constitute a material default by DesignFX or result in a right to accelerate by any other person or a loss of any rights of DesignFX and (b) to the best of each of Xxxxxx'x, Xxxxxx'x and Xxxxxxxxx'x knowledge, any default by any other person, or any event which, after notice or lapse of time, or both, would constitute a default by any such person or result in a right to accelerate by DesignFX or a loss of any rights of any such pe...
Sample 1
Product Warranties and Guarantees. Except with respect to product warranties or guarantees of any nature described in the Disclosure Letter and provided by Halonet in the ordinary course of business, Halonet is not a party to or bound by any agreement of guarantee, indemnification, assumption or endorsement or any other like commitment of the obligations, liabilities (contingent or otherwise) or indebtedness of any other person, firm or corporation.
Sample 1
Product Warranties and Guarantees. Set forth on Schedule N are true, complete and correct copies of all written product and service warranties and guarantees, and descriptions of all unwritten product and service warranties and guarantees, in each case given, made or agreed to by Seller in connection with the sale of products, services or otherwise. There are no claims against Seller for more than $5,000 by any current or former customer of Seller or any other Person to return products to Seller, by reason of alleged overshipments, defective products or otherwise, and every such claim made, resolved or settled since January 1, 2005 for more than $5,000. All products have been shipped in compliance with all applicable Laws and industry standards.
Sample 1
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Related to Product Warranties and Guarantees

  • Warranties and Guarantees The Contractor warrants and guarantees that: (a) all information provided, and all representations made by Contractor as a part of the Proposal Checklist or application, if any, submitted to NYSERDA in order to obtain this Agreement were, to the best of Contractor’s knowledge, complete, true and accurate when provided or made; (b) as of the Effective Date, it is financially and technically qualified to perform the Work, and is qualified to do business and is in good standing in all jurisdictions necessary for Contractor to perform its obligations under this Agreement; (c) it is familiar with and will comply with all general and special Federal, State, municipal and local laws, ordinances and regulations, if any, that may in any way affect the performance of this Agreement; (d) the design, supervision and workmanship furnished with respect to performance of the Work shall be in accordance with sound and currently accepted scientific standards and engineering practices; (e) all materials, equipment and workmanship furnished by it and by Subcontractors in performance of the Work or any portion thereof shall be free of defects in design, material and workmanship, and all such materials and equipment shall be of first-class quality, shall conform with all applicable codes, specifications, standards and ordinances and shall have service lives and maintenance characteristics suitable for their intended purposes in accordance with sound and currently accepted scientific standards and engineering practices; (f) neither the Contractor nor any of its employees, agents, representatives or servants has actual knowledge of any patent issued under the laws of the United States or any other matter which could constitute a basis for any claim that the performance of the Work or any part thereof infringes any patent or otherwise interferes with any other right of any Person; (g) to the best of Contractor’s knowledge, there are no existing undisclosed or threatened legal actions, claims, or encumbrances, or liabilities that may adversely affect the Work or NYSERDA’s rights hereunder;

  • Warranties and Guaranties 10 3.8 Insurance..................................................................................... 10 3.9

  • 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.

  • 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.

  • 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.

  • Manufacturer Warranties Prior to the transfer to the Interconnected Transmission Owner of title to the Transmission Owner Interconnection Facilities built by the Interconnection Customer, the Interconnection Customer shall produce documentation satisfactory to the Interconnected Transmission Owner evidencing the transfer to the Interconnected Transmission Owner of all manufacturer warranties for equipment and/or materials purchased by the Interconnection Customer for use and/or installation as part of the Transmission Owner Interconnection Facilities built by the Interconnection Customer.

  • Contractor Warranties 7.12.1 If and to the extent Developer obtains general or limited warranties from any Contractor in favor of Developer with respect to design, materials, workmanship, equipment, tools, supplies, software or services, Developer also shall cause such warranty to be expressly extended to TxDOT and any third parties for whom Work is being performed or equipment, tools, supplies or software is being supplied by such Contractor; provided that the foregoing requirement shall not apply to standard, pre-specified manufacturer warranties of mass- marketed materials, products (including software products), equipment or supplies where the warranty cannot be extended to TxDOT using commercially reasonable efforts. TxDOT agrees to forebear from exercising remedies under any such warranty so long as Developer or a Lender is diligently pursuing remedies thereunder. To the extent that any Contractor warranty would be voided by reason of Developer's negligence in incorporating material or equipment into the Work, Developer shall be responsible for correcting such defect. 7.12.2 Contractor warranties (if any) are in addition to all rights and remedies available under the CDA Documents or applicable Law or in equity, and shall not limit Developer’s liability or responsibility imposed by the CDA Documents or applicable Law or in equity with respect to the Work, including liability for design Defects, latent construction Defects, strict liability, breach, negligence, willful misconduct or fraud.

  • 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.

  • Disclaimer of Implied Warranties The warranty set forth herein is in lieu of, and ‘Reseller’ expressly disclaims all other product warranties of any kind whatsoever whether express, implied, statutory, arising by course of dealing or performance, custom, usage in the trade or otherwise, any warranty of merchantability, or fitness for a particular purpose, and in any event no such implied warranty has applicability beyond the time period covered by this warranty.

  • Implied Warranties DAS does not disclaim, exclude or modify the implied warranty of fitness for a particular purpose or the warranty of merchantability.

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