QUALITY AND GUARANTEE Sample Clauses

QUALITY AND GUARANTEE. 6.1 The Supplier warrants its expertise (and, in addition, the expertise of any person engaged by the Supplier in the performance of the Services) and confirms the accuracy of all statements and representations made in respect of the Goods and Services prior to the Contract. Nothing contained in these Conditions shall in any way detract from the Supplier's obligations under common law or statute or any express warranty or condition contained in the Contract. The Company shall be entitled to enter the Supplier’s premises to inspect and take samples of the Goods either complete or in the process of manufacture; the Supplier’s manufacturing facilities; or, as the case may be, any Services being performed at any reasonable time and to require all defects or deficiencies to be made good and alterations made in the event of any failure in the opinion of the Company to comply with the terms of the Contract provided nevertheless that such inspection or right to inspect shall not of itself constitute acceptance or approval of the Goods or any part thereof. 6.2 Goods shall be of first class quality, new and shall be supplied strictly in accordance with the quantities, drawings, specifications, standards and stipulations contained in or annexed to the Contract and, unless otherwise agreed by the Company in writing, shall conform to all relevant laws regulations and standards, specifications and conditions. All work and Services performed by the Supplier shall comply with all relevant laws as well as with the company’s general working practices (including, without limitation, all applicable safety requirements). Furthermore, the Supplier shall ensure that all such work and Services shall pass such inspection as may be required by the Company, its customers or their agents or any government department concerned. The Supplier warrants that all Goods, where appropriate, shall have no extraneous or inherent objectionable odours or tastes whether toxic or not. Any packaging items whether printed or not, liable to come into direct contact with any food product or to be used in the intimate packaging of it, must be incapable of giving rise to any hazard to health when so used, and conform to all legislation which relates to plastics in contact with food. 6.3 Notwithstanding that the Company has accepted the Goods or part thereof or the Services (or part thereof) or (where the contract is for the sale of specific goods) the title in the Goods has passed to the Company, the br...
Sample 1Sample 2See All (6)
AutoNDA by SimpleDocs
QUALITY AND GUARANTEE. 1. Unless expressly stipulated otherwise in the agreement, normal quality will be delivered and the normal business practices will be deemed to be agreed. 2. With the exception of guarantee provisions expressly agreed in writing, Donghua will not grant any other guarantees than the guarantee Donghua receives from its suppliers/manufacturers and which guarantees can be transferred. 3. Any form of guarantee will lapse if a defect has arisen as a result of, or arises from, improper use or misuse of goods delivered by Donghua.
Sample 1Sample 2
QUALITY AND GUARANTEE. 3.1. Goods shall be of first class quality, new and shall be supplied strictly in accordance with the provisions of the Order and shall conform to all relevant UK and EU standards, specifications and conditions and all Goods and Services provided by the Supplier shall be fit for the purposes intended or to be reasonably inferred from the provisions of the Order, with best practice and shall pass such inspection as may be required by the Company, its customers or their agents. 3.2. The Supplier warrants that it has the necessary expertise to carry out the Order in accordance with this Contract and confirms the accuracy of all statements and representations made in respect of the Goods and Services prior to the Order.
Sample 1
QUALITY AND GUARANTEE. 6.1 The Goods must conform in all respects with the specifications in QA-0101--06 and QA-0401-14 or revisions thereof from time to time and other requirements or description stated in the Purchase Order and free from defects. 6.2 PTI gurantees to repair or replace free of charge such quantities of the Goods that are defective provided such defect arises from faulty workmanship or materials and notice of the defect is given to PTI immediately such defect is discovered.
Sample 1
QUALITY AND GUARANTEE. 5.1 Guarantee over the finished product lasts, in the exception of different agreements, 24 months starting from the delivery date. Legal guarantees keep being valid. 5.2 Supplier must make sure that the delivered goods are compliant with the specifications included in the Purchase Order and the current rules, they also must be properly wearable and flawless. The supplier must be held accountable for the restoration or the substitution, not chargeable to Siat SpA, of every defective product. As an alternative, the Supplier could also be charged with the purchase price and make themselves available for the collection of the goods. 5.3 Siat SpA has, nonetheless, the right to ask for a refund in case of major damages derived from the non- conformity of the purchased order, along with every other issue, be it direct or indirect as, for example, the damage to the image and name of the agency. The fixed and/or substituted supply will still be subjected to the same guarantee, starting from the date of restoration and/or substitution. 5.4 Supplier’s warranty also applies to Siat Spa’s customers, who have the right to request the substitution of defective products, plus the acknowledgment of the costs and damages. 5.5 If Siat SpA is defendant by third parties for civil or contractual liability (Product Liability included) as a consequence of the supplying of flawed items, the Supplier is obliged to hold Siat SpA and their users as not accountable for that. 5.6 In the occurrence of return/substitution procedures of a non-compliant material, the Supplier will have to be liable for the management and costs related to the material pick-up and delivery. 5.7 Supplier will have to pledge or demonstrate that they have followed through with the proper policies, covering every responsibility related to the supplied Products. 5.8 The Supplier guarantees and certificates that they will act accordingly to the current laws and rules along with the legislative dispositions of the European Community, safety rules in the workplace, quality of the environment, labeling, etc.
Sample 1
QUALITY AND GUARANTEE. The main characteristics of each product are featured on each product page on xx0xxxxx.xxx. The products sold by BE2ADORN are artisanal and, as such, production by human hand gives rise to minor variations in texture and colour. We believe these variations afford our products character and exclusivity and should be appreciated by Users/Consumers. When something is truly handmade, we should appreciate not only the object, but also the evidence of the craftsman´s skill. These features will not be regarded as defects or damage. However, the provisions of this clause will not affect the rights of Users/Consumers or their right to cancel the agreement. The candles on sale on xx0xxxxx.xxx may differ slightly with regard to the real candles in terms of image and colours, also due to the Internet and browser and monitor used. All the candles have an identification label on the base. Do not remove the label from the product purchased if you intend to return it. In the event you decide to exercise your right to return the products purchased, BE2ADORN will have the right to refuse products returned without the label or whose original state has been altered or damaged.
Sample 1

Related to QUALITY AND GUARANTEE

  • 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 Agreement Concurrently with execution of this Agreement, the Parties will enter into an agreement that details the quality assurance obligations of each Party with respect to the Manufacture and supply of Supplied Products under this Agreement (the “Quality Agreement”). Each Party shall perform its obligations under the Quality Agreement in accordance with the terms and conditions thereof. In the event of a conflict between the terms of the Quality Agreement and the terms of this Agreement, the provisions of the Quality Agreement shall govern.

  • Review of legality and data minimisation (a) The data importer agrees to review the legality of the request for disclosure, in particular whether it remains within the powers granted to the requesting public authority, and to challenge the request if, after careful assessment, it concludes that there are reasonable grounds to consider that the request is unlawful under the laws of the country of destination, applicable obligations under international law and principles of international comity. The data importer shall, under the same conditions, pursue possibilities of appeal. When challenging a request, the data importer shall seek interim measures with a view to suspending the effects of the request until the competent judicial authority has decided on its merits. It shall not disclose the personal data requested until required to do so under the applicable procedural rules. These requirements are without prejudice to the obligations of the data importer under Clause 14(e). (b) The data importer agrees to document its legal assessment and any challenge to the request for disclosure and, to the extent permissible under the laws of the country of destination, make the documentation available to the data exporter. It shall also make it available to the competent supervisory authority on request.

  • Quality Assurance Requirements There are no special Quality Assurance requirements under this Agreement.

  • 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).

  • 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

  • Confidentiality and Publication 7.1 Except as provided herein, each party shall maintain in confidence during the term of this Agreement and for seven (7) years thereafter, and shall not use for any [*] Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. purpose or disclose to any third party, any Technology or other information disclosed by the other party in writing and marked "Confidential" or that is disclosed orally and confirmed in writing as confidential within forty-five (45) days following such disclosure (collectively, 'CONFIDENTIAL INFORMATION'), except to the extent that any such Confidential Information - (a) is at the time of being so provided or after that time through no fault of the party to whom it was so provided becomes public knowledge; or (b) was lawfully available on a non-confidential basis to the party to whom it was so provided before that time; or (c) can be shown by the party to whom it was so provided to have been independently produced by that party without any use of such confidential information provided to it by the other party; or (d) is made available to the party to whom it was so provided otherwise than in breach of an obligation of confidentiality owed to the other party. 7.2 The results of the Project may be made public by either party (or, in the case of ICRT, by ICRF) except to the extent that - (a) publication would include any Confidential Information of the other party; or (b) publication would prejudice the obtaining of patent protection for an invention constituting Project Technology, or the commercial exploitation of any unpatented or unpatentable Project Technology which remains unpublished. 7.3 To allow time for review of any proposed disclosure of any subject matter which may be precluded from being made public under clause 7.2, each of ICRT and Introgen shall provide to the other - (a) a copy of any manuscript disclosing any results of the Project not less than 45 days notice before submitting the manuscript for publication; and (b) a copy of any slides to be used in an oral presentation disclosing any results of the Project together with an outline of the presentation not less than 20 working days before making any such oral presentation. 7.4 The party receiving any such material pursuant to clause 7.3 shall promptly and in any event prior to the proposed date of submission for publication review the proposed disclosure and notify the other party in writing of its conclusions, failing which the other party shall be free to make the proposed disclosure. 7.5 If in the reasonable opinion of the party receiving the material the proposed disclosure does not include subject matter which is precluded from being made public under clause 7.2, it shall promptly notify the other party which shall thereupon be free to make the proposed disclosure. 7.6 If in the reasonable opinion of either party - (a) the proposed disclosure includes subject matter which is precluded from being made public under clause 7.2 and which is patentable, neither party shall publish or otherwise disclose the material in question for a period of three months from the date on which the relevant material was received by the party in question and, if a patent application is made within that period of three months, for a further period as agreed but in any event not exceeding a total of 18 months from that date (including such period of three months), following which the other party shall be free to make the proposed disclosure; or (b) the proposed disclosure includes unpatented (or unpatentable) Project Technology which that party wishes to maintain as unpublished and which (c) the proposed disclosure includes Confidential Information of the reviewing party, the disclosing party shall remove such Confidential Information prior to such disclosure. 7.7 Notwithstanding the foregoing provisions of this clause 7 above, the receiving party may use or disclose Confidential Information of the disclosing party (a) to the extent necessary to exercise its rights hereunder (including providing such information to bona fide licensees or prospective licensees as contemplated by this Agreement or otherwise and to potential investors or partners on reasonable terms of confidentiality) or to fulfil its obligations and/or duties hereunder; (b) in filing for, prosecuting or maintaining any proprietary rights, prosecuting or defending litigation; and (c) in complying with applicable governmental regulations and/or submitting information to tax or other governmental authorities; or as otherwise required by law; provided that if the receiving party is required by law to make any public disclosures of Confidential Information of the disclosing party then, to the extent it may legally do so, it shall give reasonable advance notice to the disclosing party of such disclosure and shall use its reasonable efforts to secure confidential treatment of

  • The Specifications The Specifications are that portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services.

  • Amendments to Clarify and Correct Errors and Defects The parties may amend this Agreement to clarify an ambiguity, correct an error or correct or supplement any term of this Agreement that may be defective or inconsistent with the other terms of this Agreement, in each case, without the consent of the Noteholders, the Certificateholders or any other Person. The parties may amend any term or provision of this Agreement from time to time for the purpose of conforming the terms of this Agreement to the description thereof in the Prospectus, without the consent of Noteholders, the Certificateholders or any other Person.

  • Severability and Reformation If any one or more of the terms, provisions, covenants or restrictions of this Agreement shall be determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the terms, provisions, covenants and restrictions shall remain in full force and effect, and the invalid, void or unenforceable provisions shall be deemed severable. Moreover, if any one or more of the provisions contained in this Agreement shall for any reason be held to be excessively broad as to duration, geographical scope, activity or subject, it shall be reformed by limiting and reducing it to the minimum extent necessary, so as to be enforceable to the extent compatible with the applicable law as it shall then appear.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!