Seller’s Warranty and Buyer's remedies hereunder are in substitution for any other warranties, rights, obligations, representations, liabilities, terms or conditions in connection with the Products (including, without limitation, any relating to satisfactory quality, fitness for purpose, conformity with description or sample, care and skill or compliance with representations) which are hereby expressly excluded.
Seller’s Warranty. SELLER warrants that all supplies or services furnished under all issued Orders:
Seller’s Warranty. Seller shall maintain at the Mines, efficient machinery, equipment, and other facilities required to produce, prepare, supply and deliver the quality and quantity of coal contemplated by this Agreement. Seller further agrees to operate and maintain the machinery, equipment and facilities at the Mines in accordance with good mining practices so as to efficiently produce, prepare and deliver the coal. In addition, Seller shall conduct all operations at the Mines in compliance with any and all applicable federal, state and local laws, rules and regulations, and Seller shall observe and perform all terms and provisions of any contract or agreement with third parties relative to the recovery and sale of coal from the reserves dedicated to this Agreement.
Seller’s Warranty. Seller represents and warrants that as of the date hereof:
Seller’s Warranty. Seller warrants that the Product delivered to Buyer shall conform to the Specifications set forth on Schedule A hereto and that at the time of delivery Seller shall have good title to and the right to transfer such Product and that the same shall be delivered free of encumbrances and that the Containers in which the Product will be delivered will be appropriate for containing and shipping the Product and will be free from defects and leaks. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Seller’s Warranty. 7.1 Seller represents and warrants to Buyer that the Lot was or will be developed in substantial conformity with the recommendations of the project engineers and that the Lot is suitable for construction of residential improvements, provided that the improvements are constructed in a manner consistent with the NWCC, Inc. Soils Report, for a period of six (6) months after closing. Buyer shall give written notice of any non-conforming item within ten (10) days after Buyer’s discovery of the defect, provided that such notice must be given within six (6) months after the date of closing. Seller shall have no responsibility with regard to any alleged defects arising or reported more than six (6) months after closing. Provided that notice is timely given, Seller agrees that it will, within a reasonable time, determine whether the alleged defect is covered by the warranty. If so, then Seller shall have six (6) months (weather permitting) to cause the non-conforming workmanship to be remedied by repair of the non-conforming workmanship. If Seller is unable to cure the defect, then Seller will be liable only for actual damages caused as a direct result of the defect.
Seller’s Warranty. Seller warrants to Buyer that all items of "Seller's Work" as defined in Paragraph 1.1 of the Work Letter Agreement, shall be in good operating condition on the Closing Date and shall be completed substantially in accordance with the requirements of this Agreement. Seller's warranty shall not extend to, or provide a remedy for, abuse, defects caused by Buyer's alteration or modification of Seller's Work, improper or insufficient maintenance, improper operation, and normal wear and tear under normal usage. Seller's warranty obligations shall commence at the time of substantial completion of Seller's Work. If within one year after substantial completion of Seller's Work any portion of Seller's Work is found not to be in accordance with the requirements of this Agreement, Seller shall, after receipt of written notice from Buyer, promptly correct, or cause the general contractor to correct, such work. Seller hereby agrees to execute any documentation reasonably requested by Buyer in order to evidence the fact that effective one (1) year after the Closing Date, Seller shall assign on a non-exclusive basis all of its right, title and interest in and to any warranties regarding workmanship and material with respect to the Seller's Work to be performed pursuant to the terms of this Agreement, including, but not limited to, the warranties regarding the operation of systems such as air-conditioning or heating. Seller shall cooperate with Buyer, at no cost to Seller, with respect to the enforcement of any such warranties upon the written request by Buyer and Buyer shall cooperate with Seller in enforcing any such warranties in connection with the performance of Seller's obligations under this Section 7.02. In no event shall Seller be liable to Buyer for any latent or patent construction defects that are not asserted by Buyer within one (1) year after the Closing Date.
Seller’s Warranty. 6. SELLER warrants that no notice from any governmental authority of any building, use, environmental, or code violation which existed before the date hereof has been received by SELLER, her principal or her agent, within five (5) years from the execution of this Contract. No other warranty is extended by the SELLER to the BUYER hereunder and any and all improvements located upon the real estate are sold in an “AS IS” condition, which condition the BUYER has inspected and accepted.
Seller’s Warranty. (a) The Seller warrants that the product delivered to the Buyer will comply with the specification or description given in any Agreement. In the absence of such specification or description the product shall be of normal industrial quality.
Seller’s Warranty. The Instrumental (“Beat”) is a copyrighted composition and master recording created by the (“Seller”), who warrants that it contains only sounds created by the (“Seller”), or properly cleared and licensed to the (“Seller”), and contains no samples that require third-party copyright clearance or licensing.
