Common use of QUALITY OF GOODS OR SERVICES Clause in Contracts

QUALITY OF GOODS OR SERVICES. Center represents and warrants that any goods and/or services sold pursuant to this Contract shall be merchantable, shall conform to this Contract, 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. Center 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, Center will repair or replace (at no charge to PSESD) any goods and/or services whose nonconformance is discovered and made known to the Center. If, in PSESD’s judgment, repair or replacement is inadequate, or fails of its essential purpose, Center 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.