Common use of QUALITY OF GOODS Clause in Contracts

QUALITY OF GOODS. 3.1 Supplier warrants that on delivery, and for a period of twelve (12) months from the date of shipment (“Warranty Period”), the Goods shall: (a) meet in all material respects the applicable specification. The specification applicable to the Goods shall be Supplier’s standard specification for the Goods or, in the case of items other than Supplier's standard Goods, such specification as agreed to in writing by Supplier and Purchaser; (b) be free from material defects in workmanship; and (c) be free from title defects. 3.2 Purchaser’s sole remedy in respect of any alleged defect in the Goods shall be a claim for breach of the warranty under this Section. THE SOLE AND EXCLUSIVE REMEDY OF PURCHASER FOR A BREACH OF SUPPLIER’S WARRANTY HEREUNDER SHALL BE THE REPAIR, REPLACEMENT OR REFUND, AT SUPPLIER’S OPTION, OF ANY DEFECTIVE OR NON-CONFORMING GOODS, PROVIDED THAT PURCHASER MEETS ITS OBLIGATIONS PURSUANT TO SECTION 3.3.

Appears in 4 contracts

Samples: Standard Terms and Conditions of Sale, Standard Terms and Conditions of Sale, Standard Terms and Conditions of Sale

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QUALITY OF GOODS. 3.1 Supplier warrants that on delivery, and for a period of twelve ninety (1290) months days from the date of shipment (“Warranty Period”), the Goods shall: (a) meet in all material respects the applicable specification. The specification applicable to the Goods shall be Supplier’s standard specification for the Goods or, in the case of items other than Supplier's standard Goods, such specification as agreed to in writing by Supplier and Purchaser; (b) be free from material defects in workmanship; and (c) be free from title defects. 3.2 Purchaser’s sole remedy in respect of any alleged defect in the Goods shall be a claim for breach of the warranty under this Section. THE SOLE AND EXCLUSIVE REMEDY OF PURCHASER FOR A BREACH OF SUPPLIER’S WARRANTY HEREUNDER SHALL BE THE REPAIR, REPLACEMENT OR REFUND, AT SUPPLIER’S OPTION, OF ANY DEFECTIVE OR NON-CONFORMING GOODS, PROVIDED THAT PURCHASER MEETS ITS OBLIGATIONS PURSUANT TO SECTION 3.3.

Appears in 1 contract

Samples: Standard Terms and Conditions of Sale

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QUALITY OF GOODS. 3.1 Supplier warrants that on delivery, and for a period of twelve (12) months from the date of shipment (“Warranty Period”), the Goods shall: (a) meet in all material respects the applicable specification. The specification applicable to the Goods shall be Supplier’s standard specification for the Goods or, in the case of items other than Supplier's standard Goods, such specification as agreed to in writing by Supplier and Purchaser; (b) be free from material defects in workmanship; and (c) be free from title defects. 3.2 Purchaser’s sole remedy in respect of any alleged defect in the Goods shall be a claim for breach of the warranty under this Section. THE SOLE AND EXCLUSIVE REMEDY OF PURCHASER FOR A BREACH OF SUPPLIER’S WARRANTY HEREUNDER SHALL BE THE REPAIRThe sole and exclusive remedy of Purchaser for a breach of Supplier’s warranty hereunder shall be the repair, REPLACEMENT OR REFUNDreplacement or refund, AT SUPPLIER’S OPTIONat Supplier’s option, OF ANY DEFECTIVE OR NONof any defective or non-CONFORMING GOODSconforming Goods, PROVIDED THAT PURCHASER MEETS ITS OBLIGATIONS PURSUANT TO SECTION provided that Purchaser meets its obligations pursuant to Section 3.3.

Appears in 1 contract

Samples: Standard Terms and Conditions of Sale

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