Services Warranties. Contractor warrants and represents that its employees and its Subcontractors employees assigned to perform Services under this Agreement have the appropriate required credentials in the specified area(s) of competence required by the regulations cited in Exhibit D; or, if no credentials are cited in Exhibit D, the skills, training, and background reasonably commensurate with his or her level of performance or responsibility so as to be able to perform in a competent and professional manner in accordance with generally accepted industry standards. All warranties, including any special warranties specified elsewhere herein, shall inure to the State, its successors, assigns, customer agencies, and any other recipients of the Services provided hereunder. Contractor warrants that the Services will be performed on time and according to the applicable schedule. Contractor warrants that the Services to be provided hereunder will conform to the requirements of the Statement of Work of this Agreement. This warranty shall begin upon the date of the State’s final payment for the Services, and shall extend for a period of 180 Days thereafter (“Warranty Period”). If the State identifies defect(s) in the Services provided during the Warranty Period, Contractor shall either re-perform the Services or otherwise remedy the defect to the satisfaction of the State. Contractor shall (unless a longer period is agreed to in writing with the State’s Project Manager) have a period of ten (10) Business Days following receipt of Notice of the existence of a defect, in which to provide a cure. In no event shall the State be responsible for any costs incurred by Contractor to remedy any deficiencies in the Services All warranties, including any special warranties specified elsewhere herein, shall inure to the State, its successors, assigns, the Court(s), the Counties and/or any other customer agencies or other beneficiaries of the Services provided hereunder.
Services Warranties. Contractor warrants and represents that its employees and its Subcontractors employees assigned to perform Services under this Agreement have the appropriate required credentials in the specified area(s) of competence required by the regulations cited in Exhibit D and/or an authorized Work Order; or, if no credentials are cited in Exhibit D or an authorized Work Order, the skills, training, and background reasonably commensurate with his or her level of performance or responsibility so as to be able to perform in a competent and professional manner in accordance with generally accepted industry standards. Contractor warrants that the Services provided hereunder will conform to the standards established by this Agreement and its authorized Work Orders. All warranties, including any special warranties specified elsewhere herein, shall inure to the State, its successors, assigns, customer agencies, and any other recipients of the Services provided hereunder. Contractor warrants that the Services will be performed on time and according to the applicable schedule or within the dates specified in Work Order(s). Contractor warrants that the Services to be provided hereunder will conform to the requirements of the Statement of Work of this Agreement and as provided in the Work Orders authorized hereunder. This warranty shall begin upon the date of the State’s final payment for the Services provided under a Work Order, and shall extend for a period of 180 Days thereafter (“Warranty Period”). If the State identifies defect(s) in the Services provided during the Warranty Period, Contractor shall either re-perform the Services or otherwise remedy the defect to the satisfaction of the State. Contractor shall (unless a longer period is agreed to in writing with the State’s Project Manager) have a period of ten (10) Business Days following receipt of Notice of the existence of a defect, in which to provide a cure. In no event shall the State be responsible for any costs incurred by Contractor to remedy any deficiencies in the Services All warranties, including any special warranties specified elsewhere herein, shall inure to the State, its successors, assigns, the Court(s), the Counties and/or any other customer agencies or other beneficiaries of the Services provided hereunder. Contractor agrees that absent any material change to the specifications for the Work, Contractor shall provide all of the Work specified in the Work Order for the “Total Amount Encumbered to Date...
Services Warranties. Without limiting any other representations or warranties applicable to the goods or services, all services rendered under this purchase order shall have a warranty period of one year from the date of delivery or completion, as applicable (the "Warranty Period"). Vendor represents and warrants that all services shall be properly performed in a good and workmanlike manner and be free from any defect or deficiency for the duration of the Warranty Period. If Gateway believes that there is a breach of the warranties set forth herein regarding the services, Gateway will notify vendor, in writing, setting out the nature of such breach. Vendor shall promptly investigate such breach, and shall advise Gateway, within ten (10) business days of receipt of Gateway's written notification of the breach, of vendor's planned corrective action. Vendor shall provide additional services or take such other action as required to correct any such breach of representation or warranty within a further period of twenty (20) business days, at no additional cost to Gateway. If vendor is unable to correct any such breach within the foregoing thirty (30) business day period following notice of such breach, then Gateway may, in Gateway's sole discretion: (i) be released from its obligation to pay vendor for the services to the extent affected by such breach; (ii) receive, at Gateway's option, a refund or credit of fees paid to vendor with respect to the services to the extent affected by such breach; or (iii) terminate this purchase order immediately upon notice to vendor, and Gateway shall thereupon be relieved from all liability hereunder.
Services Warranties. Vendor represents and warrants to HealthTrust and Purchasers that:
9.5.1 the Services conform with statements in Vendor’s advertising literature, user documentation, specifications, and written warranties for the Services, including any project–specific Service warranties and any Services warranties stated herein;
9.5.2 the Services provided conform to the requirements of all applicable industry, accreditation, committee and regulatory standards and applicable federal, state and local laws, regulations and ordinances (including those of the Joint Commission and Medicare/Medicaid conditions of participation);
9.5.3 the Services shall be performed timely, in a xxxxxxx-like manner, consistent with industry standards, and only by Vendor Personnel that have been sufficiently trained to perform assigned Services; and otherwise in conformance with any standards provided in any Exhibit to this Agreement;
9.5.4 Vendor shall obtain at its own cost any and all necessary consents, licenses, approvals, and permits required for the provision of Services;
9.5.5 Vendor will not employ or use any individual to perform Services who is not legally authorized to work in the United States; and
9.5.6 Vendor shall (and shall require that any Subcontractors shall) (i) retain exclusive responsibility for the payment of wages, salaries, benefits, taxes and/or other payments to, or in respect of, Vendor Personnel; (ii) remain the common law employer of Vendor Personnel; (iii) retain the authority to manage, direct and control the day-to-day work of Vendor Personnel; and
Services Warranties. Contractor warrants that all services shall be rendered in a good and workmanlike manner by skilled personnel in compliance with all applicable laws and regulations.
Services Warranties. 8.1 The Supplier warrants that:
(a) It will carry out its obligations under this Agreement, including providing the Services, with reasonable care, skill and diligence and will employ techniques of a high quality and standard and in accordance with best industry practices;
(b) It will carry out its obligations under this Agreement so as to ensure routine and systematic performance of the Services with the objective of maintaining day to day operational efficiency and to ensure compliance with statutory health and safety requirements;
(c) It has obtained all necessary rights and permits to provide the Services to UoA;
(d) It is the sole owner or licensee of all the proprietary rights and Intellectual Property in the Services and it is not in breach of any Intellectual Property rights of any third party;
(e) The Supplier’s Staff involved in providing the Services are competent, appropriately qualified and are, where relevant, registered with or licensed by the appropriate statutory or professional body;
(f) The Services comply with and will be carried out in compliance in all respects, with the laws, regulations, standards and codes of practice in force in New Zealand; and
(g) The Services comply with and will be carried out in compliance with the quality and other requirements set out in this Agreement.
Services Warranties. (a) Seller warrants to Customer only, that Services will be performed in a careful and workmanlike manner and in accordance with Seller's specifications or those referenced in the order and with accepted practices in the community in which such Services are performed, using material free from defects except where such material is specified or provided by Customer. If Services prove to be not so performed and if Customer notifies Seller, with respect to engineering, installation, or repair Services, within a six (6) month period commencing on the date of completion of the Service, and with respect to other Services, as identified by Seller in writing, Seller, at its option, either will correct the defective or nonconforming Service or render a full or prorated refund or credit based on the original charge for the Services.
(b) Where Seller performs engineering or installation Services as part of a combined engineering, furnishing, and installation order, the six (6) month period referenced above shall commence on completion of the installation Service.
(c) THE FOREGOING SERVICES WARRANTIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER'S SOLE AND EXCLUSIVE REMEDY SHALL BE SELLER'S OBLIGATION TO XXXX CORRECTIONS OR GIVE A CREDIT OR REFUND AS SET FORTH ABOVE IN THIS WARRANTY.
Services Warranties. (a) CONTRACTOR warrants that all SERVICES supplied in connection with the performance of SCOPE will be:
(i) performed in accordance with the CONTRACT;
(ii) fit for use for any purpose specified in the CONTRACT; and Section IIIA – Special Terms and Conditions
(iii) free from any defect or deficiency.
(b) Unless a different period is specified in the SCOPE DESCRIPTION, CONTRACTOR’s warranty for SERVICES applies to all defects arising within 12 months of COMPANY’s ACCEPTANCE of the SERVICES.
(c) Following ACCEPTANCE by COMPANY of the SERVICES, the warranties set out in this Article are in lieu of all other warranties expressed or implied by statute, common law, custom, usage, or otherwise.
Services Warranties. Cohesity warrants to Customer that:
a) all Services are performed in a professional and workmanlike manner using Cohesity personnel who are familiar with the technology, processes and procedures used to deliver the Services, and
b) its employees who perform any Services under this Agreement have (to the extent permitted by applicable law) at the time of hiring undergone a background check compliant with the Fair Credit Reporting Acts ("FCRA") and/or other applicable laws and regulations, including:
i. Seven-year criminal background check of relevant available records;
ii. verification of identity through Social Security numbers or other such identification authentication;
iii. verification that such person's name does not appear on the OFAC Specially Designated Nationals and Blocked Persons List, U.S. State Department’s Debarred Parties List and Bureau of Industry and Security’s Denied Persons List;
iv. verification of employment history, educational history; and
v. reference checks including work-related references.
Services Warranties. Hyland represents and warrants that: (a) it will use reasonable skill and care in providing the Services; (b) the Support Services, Standard Setup Services and any Additional Professional Services will be performed in a good and workmanlike manner by qualified personnel; and (c) the Services will comply in all material respects with the technical function capabilities specified in the Alfresco Cloud Services Specifications.
