Common use of QUALITY WARRANTIES Clause in Contracts

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.

Appears in 2 contracts

Samples: www.globalmachineworks.com, www.globalmachineworks.com

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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 XxxxxBuyer, 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.

Appears in 2 contracts

Samples: www.globalmachineworks.com, www.globalmachineworks.com

QUALITY WARRANTIES. Seller Supplier warrants that all Goods delivered will strictly conform to the Order PO, any applicable United States government specifications, and all applicable specificationsother specifications of Tell, quality documents including those set forth in these Terms and drawings, Conditions. Supplier further warrants that all Goods will be of good designquality, materialmaterials, 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 Supplier further warrants that Seller Supplier 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 Orderthe PO) at the time of delivery. Seller Supplier will also transfer to Buyer Tell the warranties on goods and services incorporated into Goods. All warranties will survive any inspections, delivery, acceptance acceptance, or payment by XxxxxTell, and will run to BuyerTell, its successors, assigns, customers customers, and users of Goods. Buyer Tell may, at its option and without cost to BuyerTell, either (ia) return for credit or refund any defective or nonconforming Goods, (iib) require prompt correction or replacement of the defective or nonconforming Goods, or (iiic) repair the defective or nonconforming Goods and charge Seller Supplier for all related repair costs. Return to Seller Supplier of defective or nonconforming Goods and re-delivery to Buyer Tell of corrected or replaced Goods shall will be at SellerSupplier’s expense and Seller shall Supplier will pay for all other resulting damage, loss or claims arising out of defective or nonconforming Goods. SellerSupplier’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.

Appears in 1 contract

Samples: www.tellindustries.com

QUALITY WARRANTIES. Seller Supplier warrants that all Goods Goods/Services delivered will strictly conform to the Order PO (and all applicable Buyer 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 Supplier further warrants that Seller Supplier will have title to and the right to sell such Goods Goods/Services at the time of delivery, and that all such Goods Goods/Services will be new (unless otherwise specified in this Orderthe PO) at the time of delivery. Seller Supplier will also transfer to Buyer the warranties on goods Goods/Services and services incorporated into Goods/Services. All warranties will survive any inspections, delivery, acceptance or payment by XxxxxBuyer, and will run to Buyer, its successors, assigns, customers and users of Goods/Services. Buyer may, at its option and without cost to Buyer, either (i) return for credit or refund any defective or nonconforming Goods/Services, (ii) require prompt correction or replacement of the defective or nonconforming Goods/Services, or (iii) repair the defective or nonconforming Goods Goods/Services and charge Seller Supplier for all related repair costs. Return to Seller Supplier of defective or nonconforming Goods Goods/Services and re-delivery to Buyer of corrected or replaced Goods shall Goods/Services will be at SellerSupplier’s expense and Seller shall Supplier will pay for all other resulting damage, loss or claims arising out of defective or nonconforming Goods/Services. SellerSupplier’s warranties with respect to repaired or replaced Goods Goods/Services will be the same as the warranties given with respect to the original Goods/Services. No approval of SellerSupplier’s designs, drawings, samples, test results, procedures, processes, schedules or other items by Buyer under this Order the MPA will in any way limit or diminish SellerSupplier’s warranties hereunder.

Appears in 1 contract

Samples: Master Purchase Agreement

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QUALITY WARRANTIES. Seller shall provide and maintain a quality system subject to approval by the Buyer. Implementation of this system shall be to the extent appropriate to the Goods. The Seller shall notify Buyer of any change in the location of Seller’s facility. 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 Goods and services incorporated into GoodsGoods all of which shall be in addition to the warranties set forth above. Seller warrants that all services will be performed in a professional manner and in accordance with the highest industry standards. All warranties will survive any inspections, delivery, acceptance or payment by XxxxxBuyer, and will run to Buyer, its successors, assigns, customers and users of Goods. Buyer maySeller will repair or replace, at its option and without cost to Buyer, either (i) return for credit or refund any all 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 resulting damage, loss or claims arising out of defective or 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. All remedies set forth herein are in addition to remedies available to Buyer at law or in equity.

Appears in 1 contract

Samples: Contract Formation

QUALITY WARRANTIES. (a) All Materials and workmanship furnished by the Seller warrants that all Goods delivered will strictly conform pursuant to a SOM order (irrespective of whether design, data or information has been furnished, reviewed or approved by Purchaser) are guaranteed to be of acceptable quality (unless otherwise authorized by Purchaser), to be free from faulty design (to the Order extent such design is not furnished by Purchaser), workmanship and all applicable specifications, quality documents and drawings, will be of good design, material, and workmanshipto be of sufficient size and capacity and of proper materials so as to fulfill in all respects all operating conditions, will be free of defectsif any, will be merchantable and fit for their intended purpose, and will meet all applicable industrial and governmental safety standardsspecified in a SOW order. Seller further warrants that Seller all work/goods will have title to comply with all warranties 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 deliveryguarantees. Seller will also transfer to Buyer the These warranties on goods and services incorporated into Goods. All warranties will shall survive any inspectionsinspection, delivery, acceptance or payment by Xxxxxpayment. If any trouble or defect originating with the design, materials, workmanship or operating characteristics of such materials arise at any time up to one year (or during such longer warranty period as may be specified in the Description, or in Seller's normal warranty, whichever period is longer) from the date when such materials are placed in operation and will run Seller is notified thereof, Seller shall, at its own expense and as promptly as possible, make such alterations, repairs and replacements as may be necessary to Buyer, its successors, assigns, customers permit the materials to function in accordance with the specifications and users of Goodsto fulfill the foregoing guarantees. Buyer Purchaser may, at its option the Seller's expense, remove and store any defective or improper materials furnished by Seller upon notice to Seller, in which event Seller shall, without cost to BuyerPurchaser and as promptly as possible, either (i) return for credit or refund furnish proper materials and, if such defective materials were installed prior to removal, install such proper materials. If Seller fails, after seven days written notice, to make necessary alterations, repairs and replacements, the Purchaser may, without prejudice to any defective or nonconforming Goodsother remedy it may have, (ii) require prompt correction or replacement of make good such deficiencies and deduct the defective or nonconforming Goods, or (iii) repair the defective or nonconforming Goods and charge Seller for all related repair costs. Return cost thereof from any amount unpaid to Seller; if amounts unpaid to Seller of defective or nonconforming Goods and re-delivery are insufficient to Buyer of corrected or replaced Goods shall be at Seller’s expense and cover such cost, Seller shall pay for the difference to Purchaser. Unless otherwise specified in a SOM, all other nonconforming Goods. Seller’s warranties with respect to repaired or replaced Goods Material delivered will be the same as the warranties given with respect to the original Goods. No approval of Seller’s designsnew, drawingsunused, samples, test results, procedures, processes, schedules and contain no used or other items by Buyer under this Order will in any way limit or diminish Seller’s warranties hereunderrefurbished parts.

Appears in 1 contract

Samples: Rosetta Stone Purchase Order Terms And

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