Superseding Warranties Clause Samples

The Superseding Warranties clause establishes that the warranties specified within the current agreement take precedence over any previous or conflicting warranties, whether written or oral, made prior to or outside of the contract. In practice, this means that only the warranties explicitly stated in the contract are enforceable, and any earlier assurances or representations that differ from these are overridden. This clause ensures clarity and certainty for both parties by preventing disputes over which warranties apply, thereby reducing the risk of conflicting obligations or misunderstandings.
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Superseding Warranties. During the Term of this Service Agreement, AIRLINE acknowledges that the obligations undertaken by CFM hereunder supersede any warranties or other commercial obligations undertaken by CFM in any other agreement with AIRLINE, including but not limited to, AIRLINE’s General Terms Agreement (“GTA”). Upon termination of this Service Agreement, any such warranties or commercial obligations with remaining life will be restored to AIRLINE.
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Superseding Warranties. During the Term of this Service Agreement, LAN acknowledges that the obligations undertaken by CFM hereunder supersede any warranties or other commercial obligations undertaken by CFM in any other agreement with LAN, including but not limited to the GTA. Upon termination of this Service Agreement, any such warranties or commercial obligations with remaining life will be restored to LAN.
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Superseding Warranties. During the Term of this Service Agreement, AVIANCATACA acknowledges that the obligations undertaken by CFM hereunder, except with respect to the provision of Supplemental Services hereunder, supersede the following Warranties set forth in the GTA, and the following Special Guarantees set forth in Letter Agreement No. 1 to the GTA Extended New Engine and Module Guarantee Extended New Parts Guarantee Extended Ultimate Life Guarantee Campaign Change Guarantee Extended Ultimate Life Rotating Parts Guarantee AOG Guarantee Any other Engine program considerations undertaken by CFM in any other agreement for these Engines, relating to shop visits. Upon termination of this Service Agreement, any such warranties or commercial obligations with remaining life will be restored to AVIANCATACA.
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Superseding Warranties. During the Term of this Service Agreement, Customer acknowledges that the obligations undertaken by CFM hereunder supersede the warranties, special guarantees, or other commercial obligations undertaken by CFM applicable to the Engines in any other agreement with Customer, including but not limited to, Customer’s General Terms Agreement (“GTA”), as amended from time to time, and any Letter Agreements to the GTA. Customer is no longer eligible for such warranties, special guarantees, or other commercial obligations for the Covered Services which are therefore transferred to CFM, with the exception of: [***] Upon any termination of this Service Agreement, any superseded warranties, or special guarantees with remaining life will be restored to Customer.
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Related to Superseding Warranties

  • ENTIRE AGREEMENT; SURVIVAL OF WARRANTIES 10.1. Each Acquired Fund and corresponding Acquiring Fund agrees that neither party has made any representation, warranty or covenant not set forth herein and that this Agreement constitutes the entire agreement between the parties. 10.2. The representations, warranties and covenants contained in this Agreement or in any document delivered pursuant hereto or in connection herewith shall not survive the consummation of the transactions contemplated hereunder except paragraphs 1.1, 1.2, 1.3, 1.5, 5.4, 5.6, 6.3, 9, 10, 13 and 14.

  • SURVIVAL OF REPRESENTATIONS AND WARRANTIES; ENTIRE AGREEMENT All representations and warranties contained herein shall survive the execution and delivery of this Agreement and the Notes, the purchase or transfer by any Purchaser of any Note or portion thereof or interest therein and the payment of any Note, and may be relied upon by any subsequent holder of a Note, regardless of any investigation made at any time by or on behalf of such Purchaser or any other holder of a Note. All statements contained in any certificate or other instrument delivered by or on behalf of the Company pursuant to this Agreement shall be deemed representations and warranties of the Company under this Agreement. Subject to the preceding sentence, this Agreement and the Notes embody the entire agreement and understanding between each Purchaser and the Company and supersede all prior agreements and understandings relating to the subject matter hereof.

  • Representations, Warranties, Agreements to Survive All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company submitted pursuant hereto, shall remain operative and in full force and effect regardless of (i) any investigation made by or on behalf of any Underwriter or its Affiliates or selling agents, any person controlling any Underwriter, its officers or directors or any person controlling the Company or (ii) delivery of and payment for the Public Securities.

  • Service Warranties Contractor warrants that: (i) the Services will be rendered with promptness and diligence and will be executed in a workmanlike manner, in accordance with the practices and professional standards used in well-managed operations performing services similar to the Services; and (ii) Contractor will perform the Services in the most cost-effective manner consistent with the required level of quality and performance. Contractor warrants that each Deliverable will conform to and perform in accordance with the requirements of this Agreement and all applicable specifications and documentation. For each such Deliverable, the foregoing warranty shall commence for such Deliverable upon the JBE’s acceptance of such Deliverable, and shall continue for a period of one (1) year following acceptance. In the event any Deliverable does not to conform to the foregoing warranty, Contractor shall promptly correct all nonconformities to the satisfaction of the JBE.

  • Warranties Section 13.01 The Supplier hereby represents and warrants that upon Delivery: (a) the Products are free from Defects, and (b) the packaging of the Products is as agreed between the Parties, and where the Parties have not made any particular agreement, is of market standard quality, complies with applicable Law and has the proper and full declaration necessary for its intended purpose. For the avoidance of doubt, the representations and warranties in this Section 13.01(b) shall not apply in respect of any non-conformance which according to the reasonable conclusion of the Parties has likely been caused by any repacking of the Products by the Recipient after Delivery. Section 13.02 The warranty period shall, on a Product-by-Product basis, start upon Delivery in accordance with the Delivery Terms and end, by Product, concurrently with the end of the corresponding warranty and indemnities periods stated in the agreements between the Recipient and its end customer as on the Effective Date (and any prolongations of such warranty and indemnity periods agreed between the Recipient and its end customers after the Effective Date to the extent such prolongations have been approved by the Supplier in its reasonable discretion). The Recipient shall provide the Supplier with access to historical product data as reasonably necessary to address warranty claims. Section 13.03 EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT, THE SUPPLIER DOES NOT PROVIDE ANY REPRESENTATION OR WARRANTY OF ANY KIND (EXPRESS OR IMPLIED) IN RESPECT OF THE PRODUCTS OR THEIR MANUFACTURE OR DELIVERY, AND ANY OTHER REPRESENTATIONS AND WARRANTIES THAT MAY BE IMPLIED BY STATUTE, PRECEDENTS OR OTHERWISE ARE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED. Section 13.04 The warranties set out in this Article XIII (and all related provisions of this Agreement) shall apply retroactively and mutatis mutandis to any Products delivered by the Supplier before the Effective Date (so that the Recipient shall be entitled to assert warranty claims against the Supplier under this Agreement in respect of any Defects or non-compliant packaging of Products delivered before the Effective Date); it being specified that the notification requirements and other processes set out in Article VII shall not apply retroactively, provided that in respect of any Defects discovered before the Effective Date, the Recipient shall inform the Supplier (and follow the other processes set out in Article VII) without undue delay after the Effective Date.