PROVIDER’S WARRANTY, AFFIRMATIONS, AND ASSURANCES. 4.01 PERFORMANCE WARRANTY
a) Provider warrants that it will perform all Work under this Contract consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances.
b) Provider warrants that all Deliverables it completes under this Contract shall: meet or exceed the standards of Provider’s trade, profession, or industry; meet or exceed the specifications set forth in the Attachments; and be fit for ordinary use, of good quality, and with no material defects.
c) If Provider delivers defective or damaged Deliverables, fails to complete Deliverables timely, or fails to perform satisfactorily under this Contract or any Work Order, the GLO may require Provider, at its sole expense, to: (a) repair or replace defective or damaged Deliverables; (b) refund payment for defective or damaged Deliverables and accept the return of such Deliverables; and/or (c) take necessary action to ensure that future performance and Deliverables conform to the Contract and applicable Work Order.
PROVIDER’S WARRANTY, AFFIRMATIONS, AND ASSURANCES. 4.01 PERFORMANCE WARRANTY
(a) Provider warrants that it will perform all Work and provide all Deliverables under this Contract in a manner consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances.
(b) Provider warrants that all Deliverables it completes under this Contract will meet or exceed the standards of Provider’s trade, profession, or industry; meet or exceed the specifications set forth in the Attachments; and be fit for ordinary use, of good quality, and with no material defects.
(c) If Provider submits Deliverables that do not meet specifications, fails to complete Deliverables timely, or fails to perform its obligations under this Contract, the GLO may require Provider, at its sole expense, to do the following:
(i) repair or replace Deliverables that do not meet specifications;
(ii) refund payment for Deliverables that do not meet specifications and accept the return of such Deliverables;
(iii) pay liquidated damages for each unfulfilled obligation or past-due Deliverable per each day past due in an amount specified in Attachment A until the GLO approves completion of said obligation or Deliverable; and/or
(iv) take necessary action to ensure that future performance and Deliverables meet specifications and conform to the Contract.
PROVIDER’S WARRANTY, AFFIRMATIONS, AND ASSURANCES. 4.01 PERFORMANCE WARRANTY
a) Provider warrants that it will perform all Work under this Contract consistent with the degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances.
b) If Provider delivers defective or damaged Deliverables, fails to complete Deliverables timely, or fails to perform satisfactorily under this Contract or any Work Order, the GLO may require Provider, at its sole expense, to: (a) repair or replace defective or damaged Deliverables with deliverables that, in the GLO’s sole determination, meet or exceed the specifications set out in the Work Order for such deliverables and/or (b) take necessary action to ensure that future performance and Deliverables conform to the Contract and applicable Work Order.
PROVIDER’S WARRANTY, AFFIRMATIONS, AND ASSURANCES. 4.01 PERFORMANCE WARRANTY Provider warrants that all Work performed under this Contract will be performed in a manner consistent with a degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. Provider warrants that all Deliverables under this Contract shall be completed in a manner consistent with standards under the terms of this Contract, in the applicable trade, profession, or industry; shall conform to or exceed the specifications set forth in the incorporated Attachments (if any); and shall be fit for ordinary use, of good quality, and with no material defects. If Provider fails to complete Deliverables timely or to perform satisfactorily under conditions required by this Contract, the GLO may require Provider to take necessary action to ensure that future performance and Deliverables conform to the Contract requirements.
PROVIDER’S WARRANTY, AFFIRMATIONS, AND ASSURANCES