Provider Warranties. Provider warrants, represents and covenants that:
(a) it has, and during the Term will have, and each of the Provider employees and subcontractors that it will use to provide and perform the Services has and during the Term will have, the necessary knowledge, skills, experience, qualifications, rights and resources to provide and perform the Services in accordance with this Agreement; and
(b) the Services will be performed for Company in a professional, diligent and workmanlike manner in accordance with industry standards applicable to the performance of such services.
Provider Warranties. 13.1 In respect of those Services which the Provider itself provides to the Recipient which are not provided by third parties, the Provider represents and warrants to the Recipient that:
13.1.1 it will use all reasonable care, skill and diligence in carrying out the Services;
13.1.2 in supplying the Services, it will endeavour to comply with all applicable regulations, laws and legislation;
13.1.3 the Provider Personnel are adequately experienced, training, qualified and skilled for purpose of carrying out the Services; and
13.1.4 it will make all reasonable efforts to maintain continuity in relation to the Provider Personnel.
Provider Warranties. 7.1. Provider warrants to and undertakes with the Customer that:
7.1.1. it will use its reasonable efforts to provide the Services and to exercise reasonable care and skill and in accordance with the terms of this Agreement;
7.1.2. it has full right power and authority to provide the Services to the Customer in accordance with the terms of this Agreement;
7.1.3. it has all requisite registrations under Data Protection Legislation and will maintain such registrations throughout the Term; and
7.1.4. it will at all times comply with the Gambling Regulations, Data Protection Legislation and with the Conduct Legislation.
7.2. For the avoidance of doubt, Provider makes no warranty that use of the Service will guarantee or enable compliance with any particular laws, regulations or codes of conduct. The Client’s compliance with any legal requirements to which it may be subject is entirely its own responsibility and Provider shall have no liability or responsibility in respect of the same.
7.3. Provider makes no representation or warranty that any information provided by or contained within the Services or Software shall be accurate, complete or up-to-date and the Customer shall be responsible for verifying any such information on which it may choose to rely.
7.4. Except for the express warranties set forth in this Clause 7, the Services are provided on an “as is” basis, and the Customer’s use of the Services is at its own risk. Provider does not make, and hereby disclaims, any and all other express and/or implied warranties, statutory or otherwise, including, but not limited to, warranties of merchantability, fitness for a particular purpose and any warranties arising from a course of dealing, usage, or trade practice. Provider does not warrant that the Services will be uninterrupted, error-free, or completely secure.
7.5. Provider does not and cannot control the flow of data to or from its network and other portions of the Internet. Such flow depends in large part on the performance of Internet services provided or controlled by third parties. At times, actions or omissions of such third parties can impair or disrupt connections to the Internet (or portions thereof). Although Provider will use commercially reasonable efforts to take all actions it deems appropriate to remedy and avoid such events, Provider cannot guarantee that such events will not occur. Accordingly, Provider disclaims any and all liability resulting from or related to such events.
Provider Warranties. Unless otherwise set forth in the applicable Quote, Provider warrants to Customer that during the period of [ninety (90) days] from the date set forth in the applicable Quote on which the Subscription Services are made available to Customer (the “Warranty Period”) the Subscription Services will operate in substantial accordance with Provider’s applicable documentation made available by Provider to Customer. If Customer becomes aware of the Subscription Services not operating in substantial accordance with the applicable documentation (a “Defect”), Customer must provide Provider with written notice that includes a reasonably detailed explanation of the Defect within the Warranty Period. If Provider is able to reproduce the Defect in Provider’s own operating environment, Provider will use commercially reasonable efforts to promptly correct the Defect or provide replacement software services to Customer with substantially similar functionality, or at Provider’s option, terminate the Subscription Term for the defective Subscription Services and provide a pro-rata refund to Customer of the fees paid for the defective Subscription Services. THE FOREGOING SETS FORTH PROVIDER’S SOLE AND EXCLUSIVE REMEDY FOR ANY DEFECTIVE SUBSCRIPTION SERVICES.
Provider Warranties. The Provider warrants that:
a. in establishing the Charges, prices were arrived at independently and without collusion;
b. the Services and Charges described in the Service Order or other record of engagement and the Purchase Order are the full scope of Services that will be provided by, and total Charges payable to, the Provider; and
c. where the Services involve the provision of Shared Care: • the Provider and Care Staff or Caregiver have read and understand the Shared Care Service Specification and will comply with their responsibilities to the best of their ability, and • the Provider and each member of Care Staff or Caregiver will notify Oranga Tamariki of the extent (if any) to which they are unable to meet their responsibilities under the Shared Care Service Specification and will follow the instructions of Oranga Tamariki to mitigate any risk that may pose to the child(xxx) or young person(s) being cared for.
Provider Warranties. For a period of 90 days from performance or delivery, as applicable (the “Warranty Period”), Provider represents and warrants that the Services will be performed in a professional and workmanlike manner, and that the Deliverables will materially conform to the Specifications. Customer’s exclusive remedy, and Provider’s sole obligation, in the event of a breach of warranty during the Warranty Period, will be for Provider to promptly re-perform, repair, or replace the affected Service or Deliverable at no additional charge.
Provider Warranties. The Provider represents and warrants that: a) the Services are rendered in a good and professional manner and in accordance with the obligations set forth herein; b) it shall remain during the term of this Agreement, in full compliance with all federal, state, and local laws and regulations, including applicable licensing laws and obligations; c) it has the full right and legal authority to enter into and fully perform this Agreement in accordance with its terms; d) the execution and delivery of this Agreement has been fully authorized by the Provider;
(e) the Provider is not currently subject to any litigation in connection with its Services; and (f) entering into this Agreement does not violate any other agreements or obligations to which the Provider is subject, or the rights (including intellectual property rights) of any third party.
Provider Warranties. The Provider warrants that it is legally organized under the laws of the state of Florida and is authorized to provide the Services described herein. Apart from this warranty, Provider expressly disclaims all warranties whether express or implied regarding or relating to the Services.
Provider Warranties. A. Provider represents and warrants to Customer that (i) it is the lawful owner or licensee of the Software and Provider Materials, and has full legal power and authority to enter into and perform its obligations under this Agreement,
Provider Warranties. Provider represents and warrants that it has all the rights necessary to permit CIM to post to the Provider Content on the web according to the terms of this Agreement, and that no Provider Content shall violate or infringe any common law or statutory right of any person or other entity including, without limitation, any contractual rights, U.S. proprietary rights, U.S. trademark, U.S. service mark or U.S. patent rights, or any rights of privacy ox xxblicity, nor shall it violate any law or regulation. Provider further represents and warrants that no Provider Content shall be unlawful or defamatory, nor shall it contain any instructions, recipes or formulas that, if implemented, would result in injury. In addition, Provider further represents and warrants that it shall not deliver Provider Content to CIM that Provider knows or reasonably should have known is materially incomplete and/or materially inaccurate.
