QUALITY AND FITNESS FOR PURPOSE Sample Clauses

QUALITY AND FITNESS FOR PURPOSE. 3.1 The Works shall be free from defects in material or workmanship and performed by the Contractor with all reasonable skill and care. 3.2 If the purpose for which the Works are required is made known to the Contractor expressly or by implication, the Works shall be fit for that purpose. 3.3 The Works shall conform with the specifications, standards, drawings, descriptions and samples contained or referred to in the Contract. 3.4 In the absence of a specification or sample, the Works shall be within the normal limits of industrial quality.
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QUALITY AND FITNESS FOR PURPOSE. 11.1 Flamel shall, prior to their use for Manufacture, analyze or cause to be analyzed against the relevant Specification(s) each delivery of Materials and if in Flamel’s opinion such analysis reveals that any delivery of Materials is defective by reference to such Specification, Flamel shall promptly notify GSK or the relevant supplier (as the case may be).
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QUALITY AND FITNESS FOR PURPOSE. 6.1 The Supplier warrants that, for a period of twelve (12) months from the date of delivery (warranty period), the Goods shall: 6.1.1 conform in all material respects with their description; 6.1.2 be free from material defects in design, material and workmanship; and 6.1.3 be fit for any purpose held out by the Supplier. 6.2 Subject to clause 6.3, if: 6.2.1 the Customer gives notice in writing to the Supplier within ten (10) Business Days of delivery of the Goods that some or all of the Goods do not comply with the warranties set out in clause 6.1; 6.2.2 the Supplier is given a reasonable opportunity of examining such Goods; and 6.2.3 the Customer (if asked to do so by the Supplier) returns such Goods to the Supplier's place of business at the Customer's cost, the Supplier shall, at its option, repair or replace any Goods that are found to be defective, or refund the price of such defective Goods in full. 6.3 The Supplier shall not be liable for Goods' failure to comply with the warranties set out in clause 6.1 if: 6.3.1 the Customer makes any further use of such Goods after giving notice of defects in accordance with clause 6.2; 6.3.2 the defect arises because the Customer failed to follow the Supplier's oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same; 6.3.3 the Customer has at any stage subjected the Goods to any service condition which fall outside the specifications; 6.3.4 the Customer alters or repairs such Goods without the written consent of the Supplier; 6.3.5 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; 6.3.6 the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements; or 6.3.7 the failure to comply with the warranties is as a result of any surface blemish outside the Supplier’s quality inspection parameters. 6.4 The Supplier's only liability to the Customer if the Goods fail to comply with the warranties set out in clause 6.1 is as set out in this clause 6. 6.5 All implied terms are, to the fullest extent permitted by law, excluded from the Contract. 6.6 The terms of the Contract shall apply to any repaired or replacement Goods supplied by the Supplier. 6.7 If the Customer fails to give notice as specified in clause 6.2 then, except in respect of any defect which is...
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QUALITY AND FITNESS FOR PURPOSE. 5.1 The Supplier warrants that during the Term the Services and the CupClub Material will: 5.1.1 conform in all material respects with their description; 5.1.2 be free from material defects in design, material and workmanship; 5.1.3 be of satisfactory quality (within the meaning of the Sales of Goods Xxx 0000 ); and, 5.1.4 be fit for purpose for the intended use. 5.2 Without prejudice to the Client’s rights under or in connection with this Agreement, the Supplier shall replace the Cupclub Goods in the instance that the Cupclub Goods do not comply with any of the warranties set out in Clause 5.1. For the avoidance of doubt Supplier shall not be liable for misuse, mishandling, fair wear and tear, willful damage, damage or alteration not performed by the Supplier, negligence or abnormal storage or working conditions 5.3 Except as provided in this clause the Supplier will have no liability in respect of the CupClub Materials’ failure to comply with the warranty set out in clause 4.1. 5.4 Each party shall report any faults in the Cupclub Goods in a timely manner of which it is, or ought reasonably to be, aware. The Client shall be liable for breakages and/or defect arising due to failure to follow the Supplier’s instructions regarding the storage, use and maintenance of the CupClub Goods. The Supplier will not be liable for its failure to comply with the warranty in clause 5.1 if the defect arises because the Client fails to follow the Supplier’s reasonable written instructions or otherwise fails to report any defect to the Supplier within a reasonable time period. 5.5 The Supplier has given commitments as to compliance of the CupClub Materials and Services with the relevant descriptions and specifications in clause 5.1. In view of these commitments, the terms implied by sections 13-15 of the Sale of Goods Xxx 0000 and the terms implied by section 3-5 of the Supply of Goods and Services Xxx 0000 are, to the fullest extent permitted by law, excluded from the Agreement.
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QUALITY AND FITNESS FOR PURPOSE. The Deliverables will be of satisfactory quality, free of material defects and errors and fit for their purpose as defined by IFS or as can be reasonably inferred from the Contract. The term 'satisfactory quality' refers to the quality level that meets the requirements specified in the Contract or, where not specified, aligns with the general industry standards.
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QUALITY AND FITNESS FOR PURPOSE. (a). For a period of months, beginning from the date of delivery, the Supplier warrants that the Goods shall: (I). be free from any material defects in design, manufacturing and workmanship; (II). conform in all material respects with their description and the Specification; (III). be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); (IV). be fit for any purpose as claimed by the Supplier. (b). The Supplier shall, at its discretion, repair or replace any defective Goods, or issue a full refund of the price of the defective goods subject to the following conditions: (I). the Customer giving the Supplier notice in writing within Business Days after discovering that a portion or all of the Goods are not in compliance with the warranties set out in the preceding clause of this Contract; (II). the Customer gives the Supplier a reasonable opportunity to examine the defective Goods; and (III). where the Supplier requests it, the Customer shall return the defective Goods to the Supplier's place of business at the Customer's expense.
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QUALITY AND FITNESS FOR PURPOSE. 5.1 The Goods and/or Services shall be of satisfactory quality and fit for the purpose for which they are intended and comply with any particular requirements notified to the Supplier by Porsche at the time of making this Agreement. 5.2 Porsche shall not be deemed to have accepted the Goods until it has had a reasonable time to inspect them, provided that, Porsche shall lose its right to reject the Goods upon the expiry of 30 days after the date of delivery of the Goods. If Porsche rejects any Goods, the property and risk in them shall immediately revert to the Supplier. Rejected Goods shall be returned to the Supplier at Supplier’s expense and the Supplier shall reimburse Porsche for the storage costs and any other expenses incurred by Porsche. The acceptance of any Goods and/or Services shall be without prejudice to any other rights or remedies available to Porsche under this Agreement or at law. 5.3 Without prejudice to any other rights it may have pursuant to this Agreement or at law, Porsche may, where the Supplier breaches Clauses 4 or 5.1, at its own election either: 5.3.1 require the Supplier, at no additional charge to Porsche, to re-perform any non compliant or defective Services, replace any rejected Goods with compliant Goods, and make good any loss or damage to or any defect in accepted Goods and to the extent the same cannot be repaired the Supplier shall agree with Porsche an appropriate reduction in the Fees; or 5.3.2 terminate this Agreement by giving written notice to the Supplier and require the Supplier to take back any affected Goods at its own cost and expense, and in the case of any Services, Porsche shall pay a notional sum in the nature of a quantum meruit in respect of any value derived by Porsche from any Services rendered up to the time of termination. 5.4 The Supplier will, at its expense, do everything necessary to assign, transfer or give the benefit of any and all warranties and guarantees supplied by the manufacturer of the Goods and/or Services to Porsche.
Sample 1
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QUALITY AND FITNESS FOR PURPOSE. 5.1 The Supplier warrants that, subject to the other provisions of this Contract, upon delivery the Goods shall be of satisfactory quality (within the meaning of the Sale of Goods Act 1979). 5.2 Subject to clause 5.3, if: (a) the Customer gives notice in writing to the Supplier in accordance with clause 4.4 that some or all of the Goods do not comply with the warranty set out in clause 5.1; and (b) the Supplier is given a reasonable opportunity of examining such Goods; and
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QUALITY AND FITNESS FOR PURPOSE. The Agency does not warrant that the Licensed Content will always be accurate, complete or up to date or that the Licensed Content will provide any particular facilities or functions or be suitable for any particular purpose. The Licensee must ensure that the Licensed Content meets its needs and is entirely responsible for the consequences of any use of the Licensed Content.
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Related to QUALITY AND FITNESS FOR PURPOSE

  • Insurance and Fingerprint Requirements Information Insurance If applicable and your staff will be on TIPS member premises for delivery, training or installation etc. and/or with an automobile, you must carry automobile insurance as required by law. You may be asked to provide proof of insurance. Fingerprint It is possible that a vendor may be subject to Chapter 22 of the Texas Education Code. The Texas Education Code, Chapter 22, Section 22.0834. Statutory language may be found at: xxxx://xxx.xxxxxxxx.xxxxx.xxxxx.xx.xx/ If the vendor has staff that meet both of these criterion: (1) will have continuing duties related to the contracted services; and (2) has or will have direct contact with students Then you have ”covered” employees for purposes of completing the attached form. TIPS recommends all vendors consult their legal counsel for guidance in compliance with this law. If you have questions on how to comply, see below. If you have questions on compliance with this code section, contact the Texas Department of Public Safety Non-Criminal Justice Unit, Access and Dissemination Bureau, FAST-FACT at XXXX@xxxxx.xxxxx.xx.xx and you should send an email identifying you as a contractor to a Texas Independent School District or ESC Region 8 and TIPS. Texas DPS phone number is (000) 000-0000. See form in the next attribute to complete entitled: Texas Education Code Chapter 22 Contractor Certification for Contractor Employees

  • Quality Standards Each Party agrees that the nature and quality of its products and services supplied in connection with the other Party's Marks will conform to quality standards set by the other Party. Each Party agrees to supply the other Party, upon request, with a reasonable number of samples of any Materials publicly disseminated by such Party which utilize the other Party's Marks. Each Party will comply with all applicable laws, regulations, and customs and obtain any required government approvals pertaining to use of the other Party's marks.

  • Equality and Diversity 33.2.1 The Supplier shall: (a) perform its obligations under this Framework Agreement (including those in relation to the provision of the Goods and/or Services) in accordance with: (i) all applicable equality Law (whether in relation to race, sex, gender reassignment, religion or belief, disability, sexual orientation, pregnancy, maternity, age or otherwise); and (ii) any other requirements and instructions which the Authority reasonably imposes in connection with any equality obligations imposed on the Authority at any time under applicable equality Law; (b) take all necessary steps, and inform the Authority of the steps taken, to prevent unlawful discrimination designated as such by any court or tribunal, or the Equality and Human Rights Commission or (any successor organisation).

  • Assignability and Subcontracting Contractor shall not assign this Agreement or any portion thereof to a third party or subcontract with a third party to provide services required by contractor under this Agreement without the prior written consent of County. Any such assignment or subcontract without the County’s prior written consent shall give County the right to automatically and immediately terminate this Agreement.

  • CONTRACT WORK HOURS AND SAFETY STANDARDS As per the Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708), where applicable, all Customer Purchase Orders in excess of ,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

  • Quality and Extent of Services The Board considered the terms of the Agreement, including the scope of advisory services provided under the Agreement. The Board noted that, under the Agreement, XXXX provides portfolio management services to the Fund and that, pursuant to a separate administrative services agreement, DIMA provides administrative services to the Fund. The Board considered the experience and skills of senior management and investment personnel and the resources made available to such personnel. The Board also considered the risks to XXXX in sponsoring or managing the Fund, including financial, operational and reputational risks, the potential economic impact to XXXX from such risks and XXXX’s approach to addressing such risks. The Board reviewed the Fund’s performance over short-term and long-term periods and compared those returns to various agreed-upon performance measures, including market index(es) and a peer universe compiled using information supplied by Morningstar Direct (“Morningstar”), an independent fund data service. The Board also noted that it has put into place a process of identifying “Funds in Review” (e.g., funds performing poorly relative to a peer universe), and receives additional reporting from XXXX regarding such funds and, where appropriate, XXXX’s plans to address underperformance. The Board believes this process is an effective manner of identifying and addressing underperforming funds. Based on the information provided, the Board noted that, for the one-, three- and five-year periods ended December 31, 2020, the Fund’s performance (Class A shares) was in the 2nd quartile of the applicable Morningstar universe (the 1st quartile being the best performers and the 4th quartile being the worst performers). The Board also observed that the Fund has underperformed its benchmark in the one-, three- and five-year periods ended December 31, 2020. Fees and Expenses. The Board considered the Fund’s investment management fee schedule, operating expenses and total expense ratios, and comparative information provided by Broadridge Financial Solutions, Inc. (“Broadridge”) and the Fee Consultant regarding investment management fee rates paid to other investment advisors by similar funds

  • Quality- and Cost-Based Selection Except as ADB may otherwise agree, the Borrower shall apply quality- and cost-based selection for selecting and engaging consulting services.

  • Description of Vendor Entity and Vendor's Goods & Services If awarded, this description of Vendor and Vendor's goods and services will appear on the TIPS website for customer/public viewing. Technology solutions value-added reseller and installer of all things technology. Please identify the individual who will be primarily responsible for all TIPS matters and inquiries for the duration of the contract. Xxxx Xxxxxxx Primary Contact Title VP of Sales Please enter a valid email address that will definitely reach the Primary Contact. xxxx@xxxxxxxxxx.xxx Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas once submitted which is appropriate and expected (Ex. 8,668,398,477). Please provide the accurate and current phone number where the individual who will be primarily responsible for all TIPS matters and inquiries for the duration of the contract can be reached directly. 0000000000 Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas once submitted which is appropriate and expected (Ex. 8,668,398,477). 0000000000 Numbers only, no symbols or spaces (Ex. 8668398477). The system will auto-populate your entry with commas once submitted which is appropriate and expected (Ex. 8,668,398,477). 0000000000

  • EMHS Governance, Safety and Quality Requirements 4.1 Participates in the maintenance of a safe work environment. 4.2 Actively participates in the Peak Performance program. 4.3 Supports the delivery of safe patient care and the consumers’ experience including participation in continuous quality improvement activities in accordance with the requirements of the National Safety and Quality Health Service Standards and other recognised health standards. 4.4 Completes mandatory training (including safety and quality training) as relevant to role. 4.5 Performs duties in accordance with the EMHS Vision and Values, WA Health Code of Conduct, Occupational Safety and Health legislation, the Disability Services Act and the Equal Opportunity Act and Government, WA Health, EMHS and Departmental / Program specific policies and procedures.

  • Quality Specifications SANMINA-SCI shall comply with the quality specifications set forth in its Quality Manual, incorporated by reference herein, a copy of which is available from SANMINA-SCI upon request.

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