SPECIFICATIONS AND WARRANTIES. 3.1 The quality, quantity and description of the Goods and/or the Services shall be in strict conformity with the Purchase Order and/or any applicable specification(s) supplied by the Buyer to the Seller or agreed in writing by the Buyer.
SPECIFICATIONS AND WARRANTIES. Covol represents and warrants that all proprietary binder shall be merchantable, free from defects, and shall conform to the specifications set forth on Exhibit A, which may be changed from time to time upon the written agreement of the parties hereto, except that Covol makes no warranty of fitness as applied to any potential feedstock due to the variability of feedstocks generally. At PSF's option, Covol shall replace, or refund the purchase price and cost of shipment of, all non-conforming proprietary binder ingredients. Covol will bear the risk of loss of the proprietary binder ingredients while it is in transit.
SPECIFICATIONS AND WARRANTIES. 15 VIII.
SPECIFICATIONS AND WARRANTIES. 1. SWS-INC. warrants that the IFCO-Products supplied by SWS-INC. to IFCO-US pursuant to this Agreement shall conform to the requirements as mutually agreed. SWS-INC. shall deliver to IFCO-US within 120 days after the signing of this Agreement detailed specifications (based on the requirements from IFCO-US) to the IFCO-Products currently purchased by IFCO-US that shall, upon acceptance by IFCO-US, become part of the Specifications. Also, SWS- INC. shall deliver to IFCO-US such detailed specifications for every New Product that will be marketed by IFCO-US prior to its agreed upon commercial introduction, which shall, upon acceptance by IFCO-US, become part of the Specifications.
SPECIFICATIONS AND WARRANTIES. Kelysoft warrants that the Licensed Software under maintenance, unless modified by Cellcom, will substantially conform with the Kelysoft Technical Report and published documentation for a period of one year from delivery of the Licensed Software. Kelysoft's warranty shall not extend to problems in the Licensed Software that result from: (i) Cellcom's failure to implement all updates issued by Kelysoft during the warranty period; (ii) modifications made by Cellcom to its operating system or environment that adversely affect the Licensed Software; or (iii) any alterations or additions to the Licensed Software not performed by Kelysoft.
SPECIFICATIONS AND WARRANTIES. The Inventory shall conform to the specifications set forth in Exhibit A. SELLER MAKES NO OTHER WARRANTIES TO BUYER, EXPRESS OR IMPLIED, AND HEREBY EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
SPECIFICATIONS AND WARRANTIES. Covol represents and warrants that all proprietary binder ingredients shall be merchantable, free from defects, and shall conform to any other agreed to specifications. At PSF's option, Covol shall replace, or refund the purchase price and cost of shipment of, all non-conforming proprietary binder ingredients. Covol will bear the risk of loss of the proprietary binder ingredients while it is in transit.
SPECIFICATIONS AND WARRANTIES. Vendor represents and warrants that all proprietary binder ingredients shall be merchantable, free from defects, and shall conform to any other agreed to specifications. At Licensee's option, Vendor shall replace, or refund the purchase price and cost of shipment of, all non-conforming proprietary binder ingredients. Vendor will bear the risk of loss of the proprietary binder ingredients while it is in transit.
SPECIFICATIONS AND WARRANTIES. 1. SPI warrants that the IFCO-Products supplied by SPI to IFCO pursuant to this Agreement shall conform to the Specifications. SPI shall deliver to IFCO within 120 days after the signing of this Agreement more detailed specifications to the IFCO-Products currently purchased by IFCO that shall become part of the Specifications. Also, SPI shall deliver to IFCO such detailed specifications for every New Product that will be marketed by IFCO prior to its agreed upon commercial introduction.
SPECIFICATIONS AND WARRANTIES. Any Items supplied hereunder that are manufactured by Seller will meet the specifications displayed on the relevant order screen or listed in the product information sheet(s) provided by Seller. Buyer may reject any Item which does not meet such specifications and no charge will be made for any Item so rejected. Since Buyer may obtain devices which have the capability of testing whether Items meet such specifications, no claim of any kind with respect to the conformance of any Item to the foregoing specifications, whether or not based on negligence, warranty, strict liability or any other theory of law, will be greater than the price of the quantity of nonconforming Item in respect to which such claim is made. The foregoing constitutes Buyer's exclusive remedy and Seller's sole obligation with respect to any such claim. Seller's liability for any claim of any kind hereunder, whether or not based on contract, tort (including negligence), strict liability, warranty, or any other grounds, will not exceed the purchase price of the Item or the portion of the purchase price attributable to any part or parts of the Item in respect to which such claim is made. Without limiting the generality of the foregoing, Seller will have no liability with respect to Items delivered that are not manufactured by Seller, the results obtained by use of the Items, whether in terms of product condition, operating cost, general effectiveness, success or failure, or regardless of any statement made in any written proposal submitted by Seller. It is expressly understood that any technical advice furnished by Seller is given gratis and Seller assumes no obligation or liability for the advice given or results obtained, all such advice being given and accepted at Buyer's risk. Notwithstanding any other warranty provision otherwise contained in the Agreement, with respect to any Items delivered that are not manufactured by Seller, Seller will assist Buyer with respect to availing itself of the manufacturer’s warranty. THERE ARE NO EXPRESS WARRANTIES BY SELLER OTHER THAN THOSE SPECIFIED IN THIS ARTICLE 6. NO WARRANTIES BY SELLER (OTHER THAN WARRANTY OF TITLE AS PROVIDED IN THE UNIFORM COMMERCIAL CODE) WILL BE IMPLIED OR OTHERWISE CREATED UNDER THE UNIFORM COMMERCIAL CODE INCLUDING WITHOUT LIMITATION WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
