Standard of Goods. The Supplier must ensure that the Goods:
(a) are new, unencumbered, of merchantable quality and free from defects;
(b) meet the description and specifications set out in the Purchase Order and offer documents;
(c) are suitably packed, marked and transported;
(d) and any services supplied are fit for the purpose for which the Goods or services are required; and
(e) any tools and equipment used on site by the Supplier or its personnel will be in safe working condition, will be compliance checked (if applicable), will comply with all laws and Australian Standards applicable to such tools and equipment, will be kept secure and fully insured, and will be operated by suitably qualified and competent persons, to the satisfaction of the Principal.
Standard of Goods. The Contractor must ensure that the Goods: are new, unencumbered, of merchantable quality and free from defects, meet the description and specifications set out in the Purchase Order and offer documents, are suitably packed, marked and transported; and any services supplied are fit for the purpose for which the Goods or services are required; and any tools and equipment used on site by the Contractor or its personnel will be in safe working condition, will be compliance checked (if applicable), will comply with all laws and Australian Standards applicable to such tools and equipment, will be kept secure and fully insured, and will be operated by suitably qualified and competent persons, to the satisfaction of the Principal.
Standard of Goods. If the Supplier is supplying Goods to the Principal under this Contract, the Supplier represents, warrants and covenants in favour of the Principal that the Goods:
(a) are new, of merchantable quality and free from defects in workmanship, material and design;
(b) are free and clear of all encumbrances and liens;
(c) meet the description and specifications set out in the Purchase Order and the Principal’s offer documents;
(d) do not infringe or misappropriate any third party’s patent or other intellectual property rights;
(e) are suitably packed, marked and transported according to Principal’s instructions and/or in a manner to ensure that the Goods are delivered in an undamaged condition and in accordance with applicable law and industry standards;
(f) and ancillary any services supplied in connection with the Goods are fit for the purpose for which the Goods or such services are required; and
(g) any tools and equipment used on site by the Supplier or its personnel will be in safe working condition, will be compliance checked (if applicable), will comply with all applicable laws and industry standards, will be kept secure and fully insured, and will be operated by suitably qualified and competent persons, to the satisfaction of the Principal.
Standard of Goods. The Goods must:
(a) Be fit for the purpose for which the Goods are to be used;
(b) Comply with the requirements of the Purchase Order; and
(c) Comply with all relevant laws and Australian Standards.
Standard of Goods. The Supplier must ensure that the Goods:
(a) are new, unencumbered, of merchantable quality and free from defects;
(b) meet the description and specifications set out in the Purchase Order and offer documents;
(c) are suitably packed, marked and transported;
Standard of Goods. All Goods must:
a) be new (unless the agreement provides otherwise);
b) meet the specifications and descriptions set out in the Purchase Order and be fit for the purpose for which they are required by the University;
c) be free from defects in materials and workmanship and of at least merchantable quality;
d) comply with all representations made by or on behalf of the Supplier to the University in relation to standards, quality and timing (including representations made before this contract was entered into);
e) be free from all Encumbrances;
f) be packed to ensure their safe delivery and, where applicable, in environmentally friendly packaging and in accordance with any specific packing, marking or labelling required by the University.
Standard of Goods. 13.1 The Supplier warrants and undertakes that the Goods:
(a) must meet the description and specifications of the Goods set out in these Terms and Conditions and each Order. If the Supplier has given dormakaba a sample of the Goods, they must correspond with the sample;
(b) must be new, of acceptable quality, made of good materials and workmanship, and free from defects. They must be fit for the purpose for which Goods of the same kind are commonly supplied, and for any other purpose which dormakaba makes known to the Supplier;
(c) must be manufactured in compliance with all relevant laws, including the Competition and Consumer Act 2010 (Cth), with standards adopted by Standards Australia, and comply with any requirements of any authority;
(d) must comply with the quality standards set out in each Order or otherwise prescribed by dormakaba from time to time;
(e) must not contain asbestos in any form;
(f) must be accompanied by any necessary instructions and technical documents, including operating and service manuals, or safety data sheets;
(g) must be supplied to xxxxxxxxx’s satisfaction, having regard to xxxxxxxxx’s requirements;
(h) must be supplied consistent with xxxxxxxxx’s best interests, without harming or diminishing the name or reputation of dormakaba or any of its products or services in any way; and
(i) must be supplied in accordance with all reasonable instructions, directions, descriptions and specifications given by xxxxxxxxx, cooperating with dormakaba at all times.
13.2 Clause 13.1 survives the termination (for any reason) or expiry of this Agreement.
Standard of Goods. 9.1 The Supplier warrants that:
9.1.1 it has the necessary skills, experience and capabilities to manufacture the Goods in accordance with the Specification Document;
9.1.2 the Goods that it will manufacture will conform to the Specification Document;
9.1.3 the Goods will be of satisfactory quality and will be free of defects in workmanship or materials;
9.1.4 the Goods (and the process of manufacture) will comply with all applicable legislation, regulations and standards
9.2 Save as set out in clause 9.1 above all conditions or warranties, express or implied (whether by statute or otherwise), are expressly excluded;
Standard of Goods. The Contractor shall, and shall procure that any Sub-Contractor shall, at all times ensure that: goods are compatible with any Council equipment, they meet the Council’s requirements and Award Letter and that they will: be of satisfactory quality (within the meaning of the Sale of Goods Act 1979) and fit for any purpose made known to the Contractor by the Council or set out in the Award Letter and in this respect the Council relies on the Contractor’s skill and judgement; be capable of the performance required by the Council; be new and free from defects in design, materials and workmanship; meet or exceed the standards detailed within the Award Letter including any warranty periods; comply with all applicable statutory and regulatory requirements, including any relating to their manufacture, labelling, packaging, storage, handling and delivery; correspond with: their description; any examples or samples provided to the Council by the Contractor in relation to the provision of the Goods; and be supplied with product warranties (where applicable) in a form that can be utilised by the Council. The Contractor shall ensure that at all times the Goods are delivered and installed by appropriately qualified and trained personnel. The Contractor hereby guarantees the Goods for the duration of the Term against faulty materials and workmanship. If the Council shall during the Term give notice in writing to the Contractor of any defect in any of the Goods as may have arisen during the Term under proper and normal use, the Contractor shall (without prejudice to any other rights and remedies which the Council may have) promptly remedy such defects (whether by repair or replacement as the Council shall elect) free of charge.
Standard of Goods. 5.1 The Contractor shall, and shall procure that any Sub-Contractor shall, at all times ensure that:
5.1.1 goods are compatible with any Council equipment, they meet the Council’s requirements and Award Letter and that they will:
i. be of satisfactory quality (within the meaning of the Sale of Goods Act 1979) and fit for any purpose made known to the Contractor by the Council or set out in the Award Letter and in this respect the Council relies on the Contractor’s skill and judgement;
ii. be capable of the performance required by the Council; iii. be new and free from defects in design, materials and workmanship; iv. meet or exceed the standards detailed within the Award Letter including any warranty periods;
v. comply with all applicable statutory and regulatory requirements, including any relating to their manufacture, labelling, packaging, storage, handling and delivery;
