Supplier Represents and Warrants That. (a) The goods conform to the specifications, drawings, samples, or other descriptions furnished or specified by Tonal and are free from defect in material and workmanship. This warranty shall remain valid for twelve (12) months after the Goods have been delivered to and accepted at the final destination. Tonal's continued use of such goods after notifying Supplier of their defect or failure to conform will not be considered a waiver of Supplier's warranty. At Supplier’s own expense and at Tonal’s election, Supplier will repair or replace products that do not conform to Tonal’s specifications. If Supplier is unable to do so within a reasonable period of time, Tonal may return the defective product and acquire substitute products from other vendors. Supplier will refund Tonal for the returned products and reimburse Tonal for return shipping and other expenses as well as the replacement product costs (to the extent it exceeds the refunded amount), freight and logistics charges, rework charges, other actual charges. (b) It has full title to the goods and is a company financially sound and duly licensed, with adequate human resources, equipment, competence, expertise and skills necessary to carry out fully and satisfactorily, within the stipulated completion period, the delivery of the goods in accordance with this PO; (c) It shall comply with all antibribery, forced, involuntary or and child labor and other applicable laws, ordinances, rules and regulations when performing its obligations under this PO; (d) No official of Tonal or any third party has received or will be offered by the Supplier any direct or indirect benefit arising from the PO or award thereof; (e) It has not misrepresented or concealed any material facts in the procuring of this PO; (f) The Supplier, its staff or shareholders have not previously been declared by Tonal ineligible to be awarded contracts by the Tonal; (g) It will abide by the highest ethical standards in the performance of this Contract, which includes not engaging in any discriminatory or exploitative practice or practice inconsistent with the rights set forth in the Convention on the Rights of the Child; (h) The prices established hereunder shall not exceed those offered for similar goods to Supplier's other customers; (i) The remuneration of the Supplier under this PO shall constitute the sole remuneration in connection with this PO. The Supplier shall not accept for its own benefit any trade commission, discount or similar payment in connection with activities pursuant to this PO or the discharge of its obligations thereunder. The Supplier shall ensure that any subcontractors, as well as the personnel and agents of either of them, similarly, shall not receive any such additional remuneration. (j) It shall take all appropriate measures to prevent actual, attempted or threatened sexual exploitation or abuse and/or the exchange of money, goods, or services for sexual favours or activities by its employees or any other persons engaged and controlled by it to perform any activities under this Agreement. (k) In the event of subcontracting approved by Tonal in accordance with this Agreement, it shall receive a written confirmation from subcontractors that they accept the standards above and shall include them in all subcontracts.
Appears in 2 contracts
Samples: Purchase Order, Purchase Order
Supplier Represents and Warrants That. (a) The goods conform to the specifications, drawings, samples, or other descriptions furnished or specified by Tonal IOM and are free from defect in material and workmanship. This warranty shall remain valid for twelve (12) months after the Goods goods have been delivered to and accepted at the final destination. TonalIOM's continued use of such goods after notifying Supplier of their defect or failure to conform will not be considered a waiver of Supplier's warranty. At Supplier’s own expense and at Tonal’s election, Supplier will repair or replace products that do not conform to Tonal’s specifications. If Supplier is unable to do so within a reasonable period of time, Tonal may return the defective product and acquire substitute products from other vendors. Supplier will refund Tonal for the returned products and reimburse Tonal for return shipping and other expenses as well as the replacement product costs (to the extent it exceeds the refunded amount), freight and logistics charges, rework charges, other actual charges.
(b) It has full title to the goods and is a company financially sound and duly licensed, with adequate human resources, equipment, competence, expertise and skills necessary to carry out fully and satisfactorily, within the stipulated completion period, the delivery of the goods in accordance with this PO;
(c) It shall comply with all antibribery, forced, involuntary or and child labor and other applicable laws, ordinances, rules and regulations when performing its obligations under this PO;
(d) In all circumstances it shall act in the best interests of IOM;
(e) No official of Tonal IOM or any third party has received or will be offered by the Supplier any direct or indirect benefit arising from the PO or award thereof;
(ef) It has not misrepresented or concealed any material facts in the procuring of this PO;
(fg) The Supplier, its staff or shareholders have not previously been declared by Tonal IOM ineligible to be awarded contracts by the TonalIOM;
(gh) It will abide by the highest ethical standards in the performance of this ContractAgreement, which includes not engaging in any discriminatory or exploitative practice or practice inconsistent with the rights set forth in the Convention on the Rights of the Child;
(hi) The prices established hereunder shall not exceed those offered for similar goods to Supplier's other customers;
(ij) The remuneration of the Supplier under this PO shall constitute the sole remuneration in connection with this PO. The Supplier shall not accept for its own benefit any trade commission, discount or similar payment in connection with activities pursuant to this PO or the discharge of its obligations thereunder. The Supplier shall ensure that any subcontractors, as well as the personnel and agents of either of them, similarly, shall not receive any such additional remuneration.
(j) It shall take all appropriate measures to prevent actual, attempted or threatened sexual exploitation or abuse and/or the exchange of money, goods, or services for sexual favours or activities by its employees or any other persons engaged and controlled by it to perform any activities under this Agreement.
(k) In The Supplier is not included in the event most recent Consolidated United Nations Security Council Sanctions List nor is it the subject of subcontracting approved by Tonal in accordance with any sanctions or other temporary suspension. The Supplier will disclose to IOM if it becomes subject to any sanction or temporary suspension during the term of this Agreement, it shall receive a written confirmation from subcontractors that they accept the standards above and shall include them in all subcontractsPO.
Appears in 2 contracts
Supplier Represents and Warrants That. (a) The goods conform are conforming to the specifications, drawings, samples, or other descriptions furnished or specified by Tonal IOM and are free from defect in material and workmanship. This warranty shall remain valid for twelve (12) months after the Goods have been delivered to and accepted at the final destination. TonalIOM's continued use of such goods after notifying Supplier of their defect or failure to conform will not be considered a waiver of Supplier's warranty. At Supplier’s own expense and at Tonal’s election, Supplier will repair or replace products that do not conform to Tonal’s specifications. If Supplier is unable to do so within a reasonable period of time, Tonal may return the defective product and acquire substitute products from other vendors. Supplier will refund Tonal for the returned products and reimburse Tonal for return shipping and other expenses as well as the replacement product costs (to the extent it exceeds the refunded amount), freight and logistics charges, rework charges, other actual charges.
(b) It has full title to the goods and is a company financially sound and duly licensed, with adequate human resources, equipment, competence, expertise and skills necessary to carry out fully and satisfactorily, within the stipulated completion period, the delivery of the goods in accordance with this PO;
(c) It shall comply with all antibribery, forced, involuntary or and child labor and other applicable laws, ordinances, rules and regulations when performing its obligations under this PO;
(d) In all circumstances it shall act in the best interests of IOM;
(e) No official of Tonal IOM or any third party has received or will be offered by the Supplier any direct or indirect benefit arising from the PO or award thereof;
(ef) It has not misrepresented or concealed any material facts in the procuring of this PO;
(fg) The Supplier, its staff or shareholders have not previously been declared by Tonal IOM ineligible to be awarded contracts by the TonalIOM;
(gh) It will abide by the highest ethical standards in the performance of this Contract, which includes not engaging in any discriminatory or exploitative practice or practice inconsistent with the rights set forth in the Convention on the Rights of the Child;
(hi) The prices established hereunder shall not exceed those offered for similar goods to Supplier's other customers;
(ij) The remuneration of the Supplier under this PO shall constitute the sole remuneration in connection with this PO. The Supplier shall not accept for its own benefit any trade commission, discount or similar payment in connection with activities pursuant to this PO or the discharge of its obligations thereunder. The Supplier shall ensure that any subcontractors, as well as the personnel and agents of either of them, similarly, shall not receive any such additional remuneration.
(j) It shall take all appropriate measures to prevent actual, attempted or threatened sexual exploitation or abuse and/or the exchange of money, goods, or services for sexual favours or activities by its employees or any other persons engaged and controlled by it to perform any activities under this Agreement.
(k) In the event of subcontracting approved by Tonal in accordance with this Agreement, it shall receive a written confirmation from subcontractors that they accept the standards above and shall include them in all subcontracts.
Appears in 1 contract
Samples: Purchase Order