Quality and Warranty Sample Clauses
Quality and Warranty. All Products shall be of good quality, new, free from defect, and carry the industry warranty for each requested Product. Seams tearing, gathering of fabric, or puckering of clothing after wear or use shall not be acceptable. All fabric shall meet the standard shrinkage allowance of a maximum of three percent, be resistant to the color fading or running, washable and free from defect. Products must be fully warranted against defects for a minimum of 60 calendar days after receipt by the Customer. Upon a Customer’s request, the Contractor shall provide one quarter yard of the specified fabric prior to manufacturing for Customer testing purposes.
Quality and Warranty. 12.1 Seller shall remedy defects if the warranty claim is valid and within the warranty period. It is at Seller’s discretion whether Seller remedies the defect by repair or replacement. Seller shall only bear costs necessary to remedy the defect. The Products claimed to be defective shall be returned to Seller for examination in their original or equivalent packaging with transportation charges prepaid for the account of the Buyer.
12.2 Seller shall be entitled to refuse to remedy defects in accordance with Seller’s statutory rights. Seller is entitled to refuse to remedy defects if Buyer has not complied with Seller’s request to return the Products claimed to be defective.
12.3 Buyer shall be entitled to rescind the Contract or reduce the contract price in accordance with Buyer’s statutory rights, however, Buyer shall not be entitled to rescind this Contract or to reduce the contract price, unless Buyer has previously given Seller twice a reasonable period to remedy the defect which Seller has failed to observe. In the event of rescission, Buyer shall be liable for any intentional or negligent actions that cause destruction or loss of the Products as well as for failure to derive benefits from the Products. In case of rescission of the Contract by the Buyer, Seller’s sole liability is to refund the payment of Seller after deduction of reasonable use fees that the Seller shall pay for using the Product.
12.4 Any rights of Buyer to receive damages or compensation shall be governed by the provisions in Section 13 (Limited Liability) of these Terms and Conditions.
12.5 Specifications of Seller’s Products, especially pictures, drawings, data about weight, measure and capacity contained in offers and brochures are to be considered as average data. Such specifications and data shall in no way constitute a quality warranty but merely a description or labeling of the Products.
12.6 Unless limits for variations have expressly been agreed in the order confirmation, such variation shall be admissible that are customary within the trade.
12.7 Seller shall not assume any liability for defects in the Products supplied if they are caused by normal wear and tear. Buyer shall have no rights against Seller in respect of defects in Products sold as lower-class or used Products. Buyer shall have no rights in respect of defective Products that have been tampered with or altered without Seller’s consent, unless Buyer proves that the defect in question was not caused by such tam...
Quality and Warranty. 1. The warranty periods are as follows:
(1) The mold and fixture of the OEM/ODM subject matter: it is subject to the agreement of both parties.
(2) OEM/ODM subject matter: three years from the date of delivery to Party A (or a third party designated by Party A).
2. During the warranty period,
(1) Party B shall be responsible for the repair and maintenance of the mold fixture of the subject matter of the OEM/ODM. If the mold fixture is damaged or unusable, Party B shall repair or remake it free of charge, but Party A is attributable to the causes of for this are not limited.
(2) When the subject matter of the OEM/ODM is defective (not including the defects of the designated materials themselves, but those caused by Party B’s improper use), Party B agrees to pick up and deliver the parts, repair and replace them at its own expense, and Bear the relevant delivery, maintenance, replacement, transportation costs, etc.; if Party A directly or indirectly suffers losses, damages and expenses due to this, Party B shall also be liable for compensation.
Quality and Warranty. (a) Marine Fuels shall be Seller’s commercial grades of Marine Fuels available at the time and place of delivery. Unless otherwise indicated to Buyer in writing by Seller, any information provided to Buyer regarding the characteristics of Marine Fuels at any delivery location shall not be construed as specifications of the Marine Fuel to be delivered hereunder, but only as indications of the general characteristics of the Marine Fuels available at that location from time to time.
(b) For sales to Category 3 vessels only: In an ECA, if Marine Fuel sold contains 0.1 wt% sulfur (maximum), then the fuel is designated as ECA Marine Fuel for use in Category 3 (C3) marine vessels only. If Marine Fuel sold contains greater than 0.1 wt% sulfur, then the fuel is High Sulfur Fuel. In an ECA, High Sulfur Fuel is for use only in ships as allowed by MARPOL Annex VI, Regulation 3 or Regulation 4.
(c) Buyer shall have the sole responsibility for the selection of suitable Marine Fuels for use in the Vessel. Buyer warrants that the Marine Fuels selected by Buyer for the Vessel are suitable for the Vessel. Buyer warrants that the Vessel nominated by Buyer to receive Marine Fuels is in compliance with all applicable local, national and international regulations and requirements and is free of all conditions, difficulties, peculiarities, deficiencies or defects that might impose hazards in connection with its mooring, unmooring or bunkering.
Quality and Warranty. (a) Quality. Apexx shall maintain an objective quality program for all Products and Parts supplied pursuant to this Agreement. Upon ESI's request Apexx shall furnish related documents as ESI reasonably requests concerning quality assurance. Apexx shall maintain a quality standard defined as follows on hardware/component related, out of box, Apexx shall verify failures on a quarterly basis:
Quality and Warranty. 13.1. The other party warrants with respect to the Performance delivered that such Performance:
(a) conforms to the Agreement, including when operating at full capacity;
(b) is new, unless agreed otherwise, and offers the safety which VodafoneZiggo is entitled to expect;
(c) has the characteristics which were promised or may be expected;
(d) is suitable for the purpose for which it is intended or which follows from the nature of the Performance, and the other party warrants in this connection that it ascertained this purpose before delivery;
(e) is of the highest possible quality, is free from design, structural, manufacturing and other defects, and does not contain any defective materials;
(f) solely consists of new materials and was produced solely by skilled and competent personnel;
(g) in the case of Software: does not include any undefined functionalities, diseases or viruses, with the technical and functional characteristics conforming to the agreed specifications;
(h) in the case of Customised Work: was carried out efficiently, properly and consistently, is complete and accurate, and is of such quality that a reasonably skilled expert would be able to understand, modify and make additions to the Customised Work, in order to, for example, correct defects in the Customised Work, modify the Customised Work and add functionality to it;
(i) in the case of Customised Software: results in it being possible to generate the object code for the latest version of the Customised Software using the Customised Software’s source code;
(j) complies with the laws and regulations applicable to the site of production, delivery and use, including laws and regulations regarding the environment and working conditions; and
(k) is full and complete and ready for use, and all resources and documentation necessary for proper operation have also been delivered.
13.2. If, irrespective of the results of any inspection, the Performance proves not to be in conformity with the provisions in paragraph 1, the other party will – at VodafoneZiggo’s discretion and written request – repair or replace the Performance at the other party’s expense, without prejudice to VodafoneZiggo’s other rights (including the right of rescission). If goods are delivered in bulk and a portion of them are defective or do not conform to the Agreement, VodafoneZiggo may, at its discretion, reject the entire delivery or that defective portion. The other party will ensure that it always has sufficient parts i...
Quality and Warranty. 5-1. Apex shall manufacture THE PRODUCT in compliance with specification as set forth in EXHIBIT A or with that as may be required by MEDGENESIS and agreed upon by Apex itself, and shall warrant THE PRODUCT free from defects in workmanship and materials at the time of shipment. Apex warrants that operation manuals, log books and printings on kit cases shall be in proper English and accurately describe the correct operation of THE PRODUCT, subject to review by MEDGENESIS.
5-2. Apex shall subsequently provide four (4) year warranty unless otherwise specified for quality in normal operation of THE PRODUCT from that the date shipment is made, for which Apex shall be responsible for providing replacement, or repair for the defective parts and materials as informed by MEDGENESIS in writing.
5-3. Apex agrees to indemnify, defend and hold harmless MEDGENESIS, its successors, subcontractors, agents, employees, officers and directors, from and against any and all claims, costs, demands liabilities, losses, damages (including consequential damages) and expenses of whatever nature, including reasonable attorney's fees (collectively "Losses") arising out of or due to a failure of THE PRODUCT manufactured by Apex to conform to the Specifications; provided, however, that such indemnification shall not apply to the extent the Losses are due to MEDGENESIS negligence or intentional misconduct.
5-4. Apex warrants that it has all rights, title and interest in all Patents relating to THE PRODUCT, and agrees to indemnify, defends, and hold harmless the MEDGENESIS, its successors, agents, employees, officers, and directors from and against any and all claims, costs, demands, liabilities, losses, damages, (including consequential damages) and expenses of whatever nature, including reasonable attorney's fees, arising out of or in any way related to a claim that the technical design of THE PRODUCT infringes upon or violates the patent, trade secret or other rights of any third party.
Quality and Warranty. Seller expressly warrants that all Goods covered by this Order will conform to the standards, specifications, drawings, samples, models, 3-D geometry or other description furnished or expressly adopted by Buyer, and will be of good material and workmanship, and free from defects, including defect in design (if Seller’s design) and, if custom-designed by Seller for the application specified by Buyer, be comparable in quality to similar custom-designed goods sold for similar applications, and if the Goods are not ordered to Buyer's specifications, Seller further warrants that they will be of merchantable quality and fit and sufficient for the purpose intended. Seller further warrants that all Goods covered by this Order, including but not limited to components and material furnished for or incorporated into the Goods, including Goods intended for distribution as service parts, will comply with all applicable Federal, State, Provincial and local statutes, laws, regulations, orders, and ordinances, including, without limitation, all environmental and occupational health and safety laws and industry standards and Buyer's specifications that restrict or prohibit certain chemical compounds as constituents of Goods as specified in the Xxxx Deere Banned Chemical List. The Xxxx Deere Banned Chemical List is found at:
Quality and Warranty. The Model accepts that no guarantee will be given on the quality of the photos taken during recording. The Photographer accepts that there is no guarantee of the posing performance of the Model. Both acknowledge that shortcomings in posing performance and / or the quality of the shot taken cannot give rise to compensation in any form. Also, the Model will not be able to claim damages, in any form, if the photo shoot cannot continue, or if the photos are failed, damaged or erased.
Quality and Warranty. Warranty: Supplier warrants to Buyer that no law, regulation or ordinance of the United States of America or any state or governmental authority or agency thereunder has been, or shall be, violated, and that no license, patent, trade secret, copyright, trademark or servicemark of a third party has been, or shall be, infringed upon in the manufacture, procurement, sale, resale, use or delivery of any Goods or Services pursuant to this Contract. Conformance and Defects: Supplier expressly warrants that all Goods and/or Services specified herein shall conform with the Buyer’s instructions, specifications, drawings, samples or other descriptions furnished or specified by Buyer. All Goods and/or Services shall be of good material and/or workmanship and free from defect. Supplier expressly represents and warrants that in the absence of specifications, drawings, samples or other descriptions furnished or specified by Buyer, all Goods and/or Services covered by this Contract shall be (a) fit and sufficient for the purpose intended,