QUALITY WARRANTIES. Seller warrants that all Goods delivered will strictly conform to the Order and all applicable specifications, quality documents and drawings, will be of good design, material, and workmanship, will be free of defects, will be merchantable and fit for their intended purpose, and will meet all applicable industrial and governmental safety standards. Seller further warrants that Seller will have title to and the right to sell such Goods at the time of delivery, and that all such Goods will be new (unless otherwise specified in this Order) at the time of delivery. Seller will also transfer to Buyer the warranties on goods and services incorporated into Goods. All warranties will survive any inspections, delivery, acceptance or payment by Xxxxx, and will run to Buyer, its successors, assigns, customers and users of Goods. Buyer may, at its option and without cost to Buyer, either (i) return for credit or refund any defective or nonconforming Goods, (ii) require prompt correction or replacement of the defective or nonconforming Goods, or (iii) repair the defective or nonconforming Goods and charge Seller for all related repair costs. Return to Seller of defective or nonconforming Goods and re-delivery to Buyer of corrected or replaced Goods shall be at Seller’s expense and Seller shall pay for all other nonconforming Goods. Seller’s warranties with respect to repaired or replaced Goods will be the same as the warranties given with respect to the original Goods. No approval of Seller’s designs, drawings, samples, test results, procedures, processes, schedules or other items by Buyer under this Order will in any way limit or diminish Seller’s warranties hereunder.
QUALITY WARRANTIES. The Supplier acknowledges that it understands the purpose and conditions of use of the Goods or Services supplied in accordance with the Order. The Supplier warrants that the Goods or Services comply with their specified description, are in accordance with the Xyratex Specification, if provided, are fit for the purpose for which they were designed or required, and are of merchantable and satisfactory quality, and Services will be performed with skill and care. Goods and Services are subject to Xyratex inspection after delivery or performance. If such warranties are not met, then at the option of Xyratex, the Goods or Services may be rejected and;
QUALITY WARRANTIES. (i) ARDOR warrants that all Titanium Sponge supplied to TIMET under this Agreement shall conform to TIMET Raw Material Specification No. 71.8 (Rev. 3) (Premium Grade Titanium Sponge) or TIMET Raw Material Specification No. 72.8 (Rev. 1) (Standard Grade Titanium Sponge), as applicable, which Specifications are attached hereto as Exhibits C-1 and C-2, respectively, as the same may be amended, modified, supplemented, or restated from time to time by the mutual agreement of TIMET and ARDOR.
QUALITY WARRANTIES. SUPPLIER represents and warrants that the GOODS/SERVICES, including any DELIVERABLE and any service milestone identified in a PURCHASE ORDER (“MILESTONE”) shall, as applicable:
