Common use of Representations and Warranty Clause in Contracts

Representations and Warranty. 7.1 The Supplier represents and warrants the following: 7.1.1 It has the full legal and financial power to enter into this Purchase Order and to perform its obligations under the Purchase Order. 7.1.2 That the goods and services provided conform to Hoosier Energy specifications and requirements. 7.1.3 That all goods and services will be new (unless specified otherwise) and free from defects in material and/or workmanship. 7.1.4 That all goods and services will be free from defects in design, unless the design was provided by Hoosier Energy. 7.1.5 That all goods and services will be fit and safe for their intended purpose(s). 7.1.6 That it has clear title to the goods and that goods and services will be delivered free of liens or encumbrances. 7.1.7 That it shall employ only competent and experienced personnel to perform the tasks in the Purchase Order. 7.1.8 No federal, state, local or foreign statute, law, rule, regulation or order will be violated in the performance of this Purchase Order. 7.2 For a period of twelve (12) months after Hoosier Energy’s acceptance, the Supplier shall, at its own cost (including freight when applicable), re- perform all matters related to this Purchase Order that do not fully comply with this warranty. If the non-conforming goods or services cannot be repaired, replaced or re-performed so as to conform to the requirements of the Purchase Order, Supplier shall promptly refund all or that portion of the Purchase Order price (including freight) that has been paid by Hoosier Energy for such goods and/or services. 7.3 Payment for, inspection of, or receipt of goods or services shall not constitute a waiver of any breach of warranty.

Representations and Warranty. 7.1 The 9.1 Supplier represents and warrants the following: 7.1.1 9.1.1 It has the full legal and financial power to enter into this the Purchase Order and to perform its obligations under the Purchase Order. 7.1.2 9.1.2 That the goods and services provided conform to Hoosier Energy specifications and requirements. 7.1.3 9.1.3 That all goods and services will be new (unless specified otherwise) and that goods and services will be free from defects in material and/or and workmanship. 7.1.4 9.1.4 That all goods and services will be free from defects in design, unless the design was provided by Hoosier Energy. 7.1.5 9.1.5 That all goods and services will be fit and safe for their intended purpose(s). 7.1.6 9.1.6 That it has clear title to the goods and that goods and services will be delivered free of liens or encumbrances. 7.1.7 9.1.7 That it shall employ only competent and experienced personnel to perform the tasks in the Purchase Order. 7.1.8 9.1.8 No federal, state, local or foreign statute, law, rule, regulation or order will be violated in the performance of this the Purchase Order. 7.2 9.2 For a period of twelve (12) months after Hoosier Energy’s acceptance, the Supplier shall, at its own cost (including freight when applicable), re- re-perform all matters related to this the Purchase Order that do not fully comply with this warranty. If the non-conforming goods or services cannot be repaired, replaced or re-performed so as to conform to the requirements of the Purchase Order, Supplier shall promptly refund all or that portion of the Purchase Order price (including freight) that has been paid by Hoosier Energy for such goods and/or services. 7.3 9.3 Payment for, inspection of, or receipt of goods or services shall not constitute a waiver of any breach of warranty.

Representations and Warranty. 7.1 The Supplier represents and warrants the following: 7.1.1 It has the full legal and financial power to enter into this Purchase Order and to perform its obligations under the Purchase Order. 7.1.2 That the goods and services provided conform to Hoosier Energy specifications and requirements. 7.1.3 That all goods and services will be new (unless specified otherwise) and free from defects in material and/or workmanship. 7.1.4 That all goods and services will be free from defects in design, unless the design was provided by Hoosier Energy. 7.1.5 That all goods and services will be fit and safe for their intended purpose(s). 7.1.6 That it has clear title to the goods and that goods and services will be delivered free of liens or encumbrances. 7.1.7 That it shall employ only competent and experienced personnel to perform the tasks in the Purchase Order. 7.1.8 No federal, state, local or foreign statute, law, rule, regulation or order will be violated in the performance of this Purchase Order. 7.2 For a period of twelve (12) months after Hoosier Energy’s acceptance, the Supplier shall, at its own cost (including freight when applicable), re- perform all matters related to this Purchase Order that do not fully comply with this warranty. If the non-conforming goods or services cannot be repaired, replaced or re-performed so as to conform to the requirements of the Purchase Order, Supplier shall promptly refund all or that portion of the Purchase Order price (including freight) that has been paid by Hoosier Energy for such goods and/or services. 7.3 Payment for, inspection of, or receipt of goods or services shall not constitute a waiver of any breach of warranty.