Common use of QUALITY OF GOODS OR SERVICES Clause in Contracts

QUALITY OF GOODS OR SERVICES. Contractor represents and warrants that any Police Radar/Lidar Products sold pursuant to this Master Agreement shall be merchantable, shall conform to this Master Agreement and Purchasing Entity’s Purchase Order, shall be fit and safe for the intended purposes, shall be free from defects in materials and workmanship, and shall be produced and delivered in full compliance with applicable law. Contractor further represents and warrants it has clear title to the goods and that the same shall be delivered free of liens and encumbrances and that the same do not infringe any third party patent. Upon breach of warranty, Contractor will repair or replace (at no charge to Participating or Purchasing Entity) any goods whose nonconformance is discovered and made known to the Contractor. If, in Participating or Purchasing Entity’s judgment, repair or replacement is inadequate, or fails of its essential purpose, Contractor will refund the full amount of any payments that have been made. The rights and remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or equity, including, without limitation, actual damages, and, as applicable and awarded under the law, to a prevailing party, reasonable attorneys’ fees and costs.

QUALITY OF GOODS OR SERVICES. Contractor represents and warrants that any Police Radar/Lidar Products goods and/or services sold pursuant to this Master Agreement Contract shall be merchantable, shall conform to this Master Agreement Contract and Purchasing EntityPurchaser’s Purchase Order, shall be fit and safe for the intended purposes, shall be free from defects in materials and workmanship, and shall be produced and delivered in full compliance with applicable law. Contractor further represents and warrants it has clear title to the goods and that the same shall be delivered and the services provided free of liens and encumbrances and that the same do not infringe any third party patent. Upon breach of warranty, Contractor will repair or replace (at no charge to Participating or Purchasing EntityPurchaser) any goods and/or services whose nonconformance is discovered and made known to the Contractor. If, in Participating or Purchasing EntityPurchaser’s judgment, repair or replacement is inadequate, or fails of its essential purpose, Contractor will refund the full amount of any payments that have been made. The rights and remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or equity, including, without limitation, actual damages, and, as applicable and awarded under the law, to a prevailing party, reasonable attorneys’ fees and costs.

QUALITY OF GOODS OR SERVICES. Contractor represents and warrants that any Police Radar/Lidar Products goods and/or services sold pursuant to this Cooperative Master Agreement Contract shall be merchantable, shall conform to this Cooperative Master Agreement Contract and Purchasing EntityPurchaser’s Purchase Order, shall be fit and safe for the intended purposes, shall be free from defects in materials and workmanship, and shall be produced and delivered in full compliance with applicable law. Contractor further represents and warrants it has clear title to the goods and that the same shall be delivered and the services provided free of liens and encumbrances and that the same do not infringe any third party patent. Upon breach of warranty, Contractor will repair or replace (at no charge to Participating or Purchasing EntityPurchaser) any goods and/or services whose nonconformance is discovered and made known to the Contractor. If, in Participating or Purchasing EntityPurchaser’s judgment, repair or replacement is inadequate, or fails of its essential purpose, Contractor will refund the full amount of any payments that have been made. The rights and remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or equity, including, without limitation, actual damages, and, as applicable and awarded under the law, to a prevailing party, reasonable attorneys’ fees and costs.