Common use of QUALITY OF GOODS OR SERVICES Clause in Contracts

QUALITY OF GOODS OR SERVICES. Contractor represents and warrants that any goods and/or services sold pursuant to this Master Contract shall be merchantable, shall conform to this Master Contract and Purchaser’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. Contractor further represents and warrants that, in performing this Contract, Contractor shall:  Perform its obligations in a timely, professional, and workmanlike manner consistent with standards in the profession;  Meet or exceed the performance and operational standards, requirements, and specifications set forth in this Contract;  Obtain and maintain in good status all necessary licenses, permits, or other authorizations necessary for the performance of the Contract;  Cooperate with Purchaser to achieve the objectives of the Contract;  Return to Purchaser any Purchaser-furnished equipment or other resources in the same condition as when provided when no longer required for the Contract;  Not interfere with the State or Purchaser’s operations; and  Comply with all applicable State or Purchaser security policies and standards, which will be made available upon request from Purchaser. This may include background checks before entry into Purchaser’s facilities. Upon breach of warranty, Contractor will repair or replace (at no charge to Purchaser) any goods and/or services whose nonconformance is discovered and made known to the Contractor. If, in Purchaser’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 goods and/or services sold pursuant to this Master Contract shall be merchantable, shall conform to this Master Contract and Purchaser’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. Contractor further represents and warrants that, in performing this Contract, Contractor shall:  ▪ Perform its obligations in a timely, professional, and workmanlike manner consistent with standards in the profession;  ▪ Meet or exceed the performance and operational standards, requirements, and specifications set forth in this Contract;  ▪ Obtain and maintain in good status all necessary licenses, permits, or other authorizations necessary for the performance of the Contract;  ▪ Cooperate with Purchaser to achieve the objectives of the Contract;  ▪ Return to Purchaser any Purchaser-furnished equipment or other resources in the same condition as when provided when no longer required for the Contract;  ▪ Not interfere with the State or Purchaser’s operations; and  ▪ Comply with all applicable State or Purchaser security policies and standards, which will be made available upon request from Purchaser. This may include background checks before entry into Purchaser’s facilities. Upon breach of warranty, Contractor will repair or replace (at no charge to Purchaser) any goods and/or services whose nonconformance is discovered and made known to the Contractor. If, in Purchaser’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 goods and/or services sold pursuant to this Master Contract shall be merchantable, shall conform to this Master Contract and Purchaser’s '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. Contractor further represents and warrants that, in performing this Contract, Contractor shall:  Perform its obligations in a timely, professional, and workmanlike manner consistent with standards in the profession;  Meet or exceed the performance and operational standards, requirements, and specifications set forth in this Contract;  Obtain and maintain in good status all necessary licenses, permits, or other authorizations necessary for the performance of the Contract;  Cooperate with Purchaser to achieve the objectives of the Contract;  Return to Purchaser any Purchaser-furnished equipment or other resources in the same condition as when provided when no longer required for the Contract;  Not interfere with the State or Purchaser’s operations; and  Comply with all applicable State or Purchaser security policies and standards, which will be made available upon request from Purchaser. This may include background checks before entry into Purchaser’s facilities. Upon breach of warranty, Contractor will repair or replace (at no charge to Purchaser) any goods and/or services whose nonconformance is discovered and made known to the Contractor. If, in Purchaser’s '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. The Manufacturer's standard vehicle warranty shall cover all vehicles and contractual services of the Contract. The Manufacturer's standard warranty is required to provide coverage against defective material, workmanship, and failure to perform in accordance with the specifications and required performance criteria. The Manufacturer's standard warranty coverage shall be identical to or exceed the most inclusive of those normally provided for the Commodities and contractual services specified herein that are sold to any state or local governments. The Manufacturer's standard warranty shall have a minimum term of one (1) year from the date of Acceptance of the Master Contract, and shall begin only at the time of Acceptance by the Purchaser. If the Manufacturer's standard warranty conflict with any requirements, specifications, terms, or conditions of the Contract, the Contract requirements, specifications, terms and conditions shall prevail. The Manufacturer's standard warranty terms and conditions are not part of the Contract requirements, specifications, terms, and conditions.