SUPPLIER Guarantees Clause Samples
The Supplier Guarantees clause sets out the specific assurances or warranties that the supplier provides regarding the quality, performance, or compliance of the goods or services delivered. Typically, this clause details the standards the supplier must meet, such as guaranteeing that products are free from defects or that services will be performed to a certain professional standard. For example, it may require the supplier to repair or replace faulty goods within a specified period. The core function of this clause is to protect the buyer by holding the supplier accountable for the reliability and suitability of their offerings, thereby reducing the risk of receiving substandard products or services.
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SUPPLIER Guarantees. Supplier acknowledges that Benteler has to agree to guarantees to its customer(s) for customer vehicle programs. Supplier herewith agrees to be bound by those terms and, without limiting the generality of the previous statement, to the warranty period identified in any applicable Benteler purchase agreement. Benteler shall inform Supplier about any specific customer terms and warranty period upon request. Any further specific warranty requirements will be stipulated in a specific warranty agreement, if necessary. The specific warranty agreement prevails in case of any contradiction. With any dispute regarding a part warranty, it is Supplier’s obligation to provide clear, accurate and convincing evidence (that the root cause is not their responsibility) to Benteler in a timely manner before a claim would be considered for reversal.
SUPPLIER Guarantees. 14.1. According to the wording in the paragraph of the same name in the General Part of the General Terms and Conditions of Contract.
14.2. The Warranty Period for the materials and equipment and the contracted civil works or services shall last for the period specified in the Contract or, otherwise, for the period of one (1) year as of the date of the Provisional Acceptance Certificate; if the Provisional Acceptance Certificate is not undersigned, the one-year period shall begin as of ENEL’s acceptance of the delivery of the material or the notification of the completion of the contracted civil works or service and the delivery, to ENEL, of the documentation by the SUPPLIER for the processing of the administrative authorisation to commission the civil works, if applicable.
14.3. According to the wording in the paragraph of the same name in the General Part of the General Terms and Conditions of Contract.
14.4. According to the wording in the paragraph of the same name in the General Part of the General Terms and Conditions of Contract.
14.5. According to the wording in the paragraph of the same name in the General Part of the General Terms and Conditions of Contract.
14.6. According to the wording in the paragraph of the same name in the General Part of the General Terms and Conditions of Contract.
14.7. According to the wording in the paragraph of the same name in the General Part of the General Terms and Conditions of Contract.
14.8. According to the wording in the paragraph of the same name in the General Part of the General Terms and Conditions of Contract.
14.9. According to the wording in the paragraph of the same name in the General Part of the General Terms and Conditions of Contract.
14.10. According to the wording in the paragraph of the same name in the General Part of the General Terms and Conditions of Contract.
14.11. According to the wording in the paragraph of the same name in the General Part of the General Terms and Conditions of Contract.
14.12. According to the wording in the paragraph of the same name in the General Part of the General Terms and Conditions of Contract.
14.13. If upon expiry of the Warranty Period, at least six (6) months have not elapsed since the commissioning of ENEL’s main installation for which the element is intended or that forms part of the object of the Contract, the Warranty Period shall be automatically renewed until such a period has elapsed, unless the materials or equipment provided by the SUPPLIER have r...
SUPPLIER Guarantees. 3.1 Supplier acknowledges that Benteler has to agree to guarantees to its customer(s) for customer vehicle programs. Supplier herewith agrees to be bound by those terms and, without limiting the generality of the previous statement, to the warranty period identified in any applicable Benteler purchase agreement. Benteler shall inform Supplier about any specific customer terms and warranty period upon request.
3.2 Any further specific warranty requirements will be stipulated in a specific warranty agreement, if necessary. The specific warranty agreement prevails in case of any contradiction.
3.3 With any dispute regarding a part warranty, it is Supplier’s obligation to provide clear, accurate and convincing evidence (that the root cause is not their responsibility) to Benteler in a timely manner before a claim would be considered for reversal.
3.4 Upon a decision to terminate or transfer the contract, for whatever reason, Supplier agrees to take such action as may reasonably be required by Benteler to accomplish the transition to an alternative supplier. In addition, Supplier agrees to negotiate in good faith any exit requirements deemed necessary by Benteler.
SUPPLIER Guarantees. 14.1 Notwithstanding other obligations established in these General Terms and Conditions of Contract and in the Contract, the SUPPLIER guarantees:
a) That the supplied Goods shall be free of design, manufacturing, operating, and performance defects.
b) That the supplied Goods shall be apt for its use and shall perfectly operate during their whole service life, regularly and with the performance, capacity and other specified characteristics.
c) That the assets included in the contract, are free of charges and levies and, in particular, that they are not under a seizure order or under its procedure, or subject to a chattel mortgage, or a non-possessory pledge, or under any other charges or levies related to industrial or intellectual property or any other nature.
d) Unless otherwise specified in the Contract, the SUPPLIER shall also guarantee the transfer of the intellectual property necessary for the correct use of the supplied Goods.
e) That the civil works or services shall be executed correctly in accordance with the drawings and the required specifications, the applicable legislation and the use and rules of best practices.
f) That the civil works or services carried out shall be in perfect state and that the mounted installations are in perfect and regular operation.
g) That the SUPPLIER has lawful right to the licenses and permissions required in the case of software, in its own right or as a part of a civil work, object of contract, and may transfer that right to ENEL.
14.2 The Warranty Period for the Goods and the contracted civil works or services shall last for the period specified in the Contract or, otherwise, for the period of one (1) year as of the date of the Provisional Acceptance.
14.3 If upon expiry of the Warranty Period, at least six (6) months have not elapsed since the commissioning of ENEL’s main installation for which the element is intended or that forms part of the object of the Contract, the Warranty Period shall be automatically renewed until such a period (6 months) has elapsed, unless the Goods supplied by the SUPPLIER have required repairs or replacements, in which case, they shall be guaranteed for the same time as the Warranty Period. In no case shall this entail higher costs for ENEL.
SUPPLIER Guarantees. Section 6 of the Distribution Agreement is hereby ------------------- amended to add the following as a new subsection (x) thereof: In the event that on or after December 1, 1999, Supplier guarantees or has guaranteed in writing, all or part of a customer's payment or other obligations under an AdNow lease or indemnifies or has indemnified, in writing, Distributor against losses resulting from any default by such customer and, in any such case, the customer defaults on any of its obligations to Distributor under such AdNow lease so guaranteed or indemnified against, Supplier agrees to pay to Distributor the amount guaranteed or indemnified against by Supplier (irrespective of whether the default occurred or any portion of such amount was due prior to the date of the Fourth Amendment hereto).
