Representations, Warranties and Guarantees. By acceptance of an Order, Supplier represents, warrants and guarantees that:
Representations, Warranties and Guarantees. Any representation, warranty, or guarantee made in this Agreement, or any attestation made pursuant to Section 15.06 of this Agreement, that shall prove to have been false or misleading in any material respect as of the time made or deemed to be made, and such false or misleading representation, warranty, or guarantee is not fully cured within ten (10) days after the responsible Party discovers its error, provided, however, that such period shall be extended for an additional period of up to sixty (60) days if the responsible Party is unable to cure within the initial ten (10) day period so long as such cure is diligently pursued by the responsible Party until such breach has been corrected; or
Representations, Warranties and Guarantees. The Vendor makes the following representations, warranties and guarantees regarding the Products sold to Kroger:
Representations, Warranties and Guarantees. Contractor represents, warrants and covenants (and acknowledges that UVic is relying on such representations, warranties and covenants in entering into this Contract), that: (i) Contractor has the capacity and is authorized to enter into this Contract and perform its obligations under it; (ii) Contractor has good title to the Goods, the right to sell the Goods, and all required permits and approvals in respect of the import, sale and shipping of the Goods; (iii) the Goods are free from any lien or encumbrance in favour of any third party not declared in writing to UVic; (iv) the Goods will conform to all specifications, drawings, samples or descriptions , and are and will be, free from all defects arising from faulty materials, workmanship or design which for a period of 12 months from the date the Goods are delivered or put into use, whichever is later, or such other period as may be specified on the Order; (v) the Goods do not infringe any intellectual property rights of third parties; (vi) it has experience in providing the Services and will provide the Services in a safe, efficient and professional manner in accordance with the terms of this Contract; (vii) it has and will maintain all applicable licenses and permits to perform the Services; and (viii) it shall provide fully trained and qualified individuals to perform the Services. Contractor shall, at UVic's request and without limiting any other rights and remedies of UVic, at its own expense promptly repair or replace non-compliant Goods and correct or cause to be corrected, by repair, replacement or re-performance, any Services that fail to comply with the requirements of the Contract.
Representations, Warranties and Guarantees. Any representation, warranty, or guarantee made in this Agreement that shall prove to have been false or misleading in any material respect as of the time made or deemed to be made, and such false or misleading representation, warranty, or guarantee is not fully cured within ten (10) days after the responsible Party discovers its error, provided, however, that such period shall be extended for an additional period of up to sixty (60) days if the responsible Party is unable to cure within the initial ten (10) day period so long as such cure is diligently pursued by the responsible Party until such breach has been corrected; or
Representations, Warranties and Guarantees. By acceptance of this PO, Seller warrants for at least twelve (12) months from the date of acceptance or re-sale by Buyer, whichever is later (“Warranty Period”), that all Work: (a) shall be new, suitable for the uses intended, of the grade and quality specified and free from all defects in design, material and workmanship; (b) shall strictly conform to all applicable specifications, drawings, descriptions, samples furnished and other requirements of the PO; (c) shall be adequately packaged and labeled; (d) shall not infringe any patent, trademark, trade secret or copyright, or any other intellectual property, contract or other third party right; (e) shall be of good and merchantable title, free of liens and encumbrances; and (f) are not in violation of any Laws. The foregoing warranties are in addition to all other warranties, expressed or implied, and shall survive delivery, inspection, acceptance and payment by Buyer. If the Work is found not to meet the warranties and guarantees specified herein, Buyer may, within its sole discretion, return such Work to Seller at Seller’s expense, for correction, replacement, re-performance or credit, plus transportation charges. If repair, or replacement, or re-performance of the Work is not timely, Buyer may elect to return, repair, replace, or re-procure the non-conforming Work at Seller’s expense. Any Work corrected, replaced, or re-performed shall be subject to the provisions of this Clause to the same extent as the Work initially furnished hereunder for the remaining Warranty Period or for six (6) months from acceptance of the corrected, replaced or re- performed Work, whichever is longer. Should Buyer’s customer require acceptance of the Work not conforming to this warranty, payment will be made at an equitable reduction in price. This warranty shall run to Buyer, its successors, assigns, customers, and users of its products. These rights granted to Buyer under this Clause are in addition to any rights or remedies provided elsewhere in this PO or in law and equity and shall not be deemed to be exclusive.
Representations, Warranties and Guarantees. By acceptance of the Kroger Purchase Order, Vendor makes the following representations, warranties and guarantees: a. The Products shipped, as of the date of shipment, comply with, and are not adulterated or misbranded within the meaning of, the Federal Food, Drug and Cosmetic Act, as amended, (“FDCA”), including, without limitation, the Food Additives Amendment and the Food Safety Modernization Act (“FSMA”) any other amendment thereto, and comply with, and are not adulterated or misbranded within the meaning of, any state food and drug law, including but not limited to California Proposition 65; do not violate Section 301 or any other provisions of the FDCA; are not articles that may not, pursuant to Sections 404, 505 or 512 of the FDCA, the Federal Hazardous Substances Act (“FHSA”), or otherwise, be introduced into interstate commerce; if meat, poultry and egg products comply with the Federal Meat Inspection Act, Poultry Products Inspection Act and Egg Product Inspection Act respectively; and comply with all other applicable federal, state and local laws, rules and regulations. If Vendor is providing color additives subject to batch certification, Vendor is to complete the separate guarantee in Exhibit H for each shipment of products. b. Vendor expressly agrees to serve as the Foreign Supplier Verification Program (“FSVP”) Importer as that term is defined in 21 CFR § 1.500 (“FSVP Importer”), identify itself pursuant to 21 CFR § 1.509 as the FSVP Importer in each line entry of Products offered for importation, and perform all other applicable requirements pursuant to 21 CFR Part 1 Subpart L. In all circumstances where both Vendor and Kroger fall within the definition of FSVP Importer, Xxxxxx agrees to serve as the FSVP Importer. This provision shall not apply in circumstances where Kroger is the sole person falling within the definition of FSVP Importer. c. Vendor acknowledges Kroger shall reject any load of Products (including Products subject to the Perishable Agricultural Commodities Act) for violations of the Sanitary Food Transportation Act (Section 416 of the FDCA) (“SFTA”) of which Kroger is aware of, including failure to maintain required records. Vendor assumes responsibility for ensuring loads of Products rejected by Kroger are not sold or distributed unless a qualified individual determines the Products are not unsafe consistent with 21 CFR § 1.908. Vendor must not use any vehicles or transportation equipment that does not meet sanitary specifi...
Representations, Warranties and Guarantees. Corporation represents, warrants and guarantees to Employee that it has divulged to Employee the existence of any and all threatened or pending actions, claims, proceeding or suits (whether criminal, civil or investigative) against the Corporation. Corporation represents, warrants and guarantees to Employee that it is in compliance with laws and regulations of the United States and the State of Florida. Corporation represents, warrants and guarantees that all provisions of this Employment Agreement and in this section are material. Corporation agrees that if it breaches any of these representations, warranties or guarantees that is has materially breached the contract. Employee and not the Corporation shall then be entitled to consider the Corporation's material breach as a termination of this Employment Agreement which would, among other things, trigger the provisions of Sections 2, 9 and 10 above.
Representations, Warranties and Guarantees. 9.1 CONTRACTOR represents, warrants and guarantees that the WORK shall meet all of the requirements set forth in this CONTRACT including the incorporated documents and shall conform to the SCOPE OF WORK (including DESIGN SPECIFICATIONS). CONTRACTOR further represents, warrants and guarantees that the FACILITY shall be capable of achieving the throughput capability of the FACILITY as defined in the SCOPE OF WORK. CONTRACTOR further represents, warrants and guarantees that all materials, equipment, tools and supplies which become a part of the FACILITY shall be new and conform to the SCOPE OF WORK (including DESIGN SPECIFICATIONS). CONTRACTOR warrants that all of the equipment and services furnished under this CONTRACT shall comply in all respects with all the relevant regulations, rulings, orders and standards, promulgated by any regulatory or governmental authority having jurisdiction.
Representations, Warranties and Guarantees. By acceptance of the AFS Purchase Order, Vendor makes the following representations, warranties and guarantees:
