Supplier Warranties. The warranties made by Supplier with respect to each Product are solely those that are contained in the product insert accompanying such Product. No other affirmation of fact or promise made by Distributor or its Suppliers, whether or not in this Agreement, by words or action shall constitute a warranty. The foregoing warranty does not extend to any Product that is modified or altered, or treated with abuse, negligence or other improper treatment. Standard Limited Warranty. Distributor shall pass on to Subdistributor so that it may pass on to the customers the Supplier’s standard limited warranty for Products, including limitations set for in subsection (b) Limitation of Liability and Warranty below. Except for the stated warranty set forth on, or included with, the Products as delivered to the Subdistributor and /or its customers, the warranty and remedy set forth in this 0 are exclusive and all other warranties, guarantees or representations, express or implied, by Distributor’s Suppliers with respect to the applicable Products, including, without limitation, warranties of merchantability and fitness for particular purpose, and any other obligation or liability of Distributor and its Suppliers to Subdistributor or to any third party with respect to the Products, are hereby excluded. This warranty is contingent upon proper use of a Product in the application for which such Product was intended and does not cover Products that were modified without Distributor or its Supplier’s prior written approval, that have expired or that were subjected to physical, chemical or electrical stress that the products were not originally designed for.
Supplier Warranties. The Supplier warrants to the Customer that:
(a) it is fully entitled to grant the licence of the Supplier Licensed IPR in Section 15.1; and
(b) the use of the Supplier Licensed IPR in accordance with the Agreement will not infringe any third party IPR.
Supplier Warranties. The Supplier represents and warrants that:
(a) it has the right to enter into this Agreement;
(b) it has all rights, title, licences, interests and property necessary to lawfully per- form the Services;
(c) it and its Personnel, including its Specified Personnel, have the necessary experi- ence, skill, knowledge and competence to perform the Services and (where ap- propriate) will hold such licences, permits or registrations as are required under any applicable Laws to provide the Services;
(d) the Services will be provided in accordance with the commitments made in clause 5.1;
(e) no litigation, arbitration, mediation, conciliation or administrative proceedings are taking place, pending, or to the knowledge of any of its officers after due inquiry, are threatened which, if adversely decided, could have an adverse effect on the Supplier's ability to perform its obligations under this Agreement; and
(f) all insurance policies required to be held by the Supplier under this Agreement:
(i) will remain in effect as provided for in this Agreement; and
(ii) will not be varied by the Supplier without SPREP’s written consent.
Supplier Warranties. The Supplier represents and warrants that:
(a) it has the right to enter into this Agreement;
(b) it has all rights, title, licences, interests and property necessary to lawfully perform the Services;
(c) it and its Personnel, including its Specified Personnel, have the necessary experience, skill, knowledge and competence to perform the Services and (where appropriate) will hold such licences, permits or registrations as are required under any applicable Laws to provide the Services;
(d) the Services will be provided in accordance with the commitments made in clause 5.1;
(e) no litigation, arbitration, mediation, conciliation or administrative proceedings are taking place, pending, or to the knowledge of any of its officers after due inquiry, are threatened which, if adversely decided, could have an adverse effect on the Supplier's ability to perform its obligations under this Agreement; and
(f) all insurance policies required to be held by the Supplier under this Agreement:
(i) will remain in effect as provided for in this Agreement; and
(ii) will not be varied by the Supplier without SPREP’s written consent.
Supplier Warranties. SUPPLIER SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, AND IMPLIED, IN CONNECTION WITH THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Supplier Warranties. The Supplier warrants that:
Supplier Warranties. The Supplier warrants and represents that:
13.1.1 the Supplier has the power to execute this Agreement and that all necessary corporate or other actions (as applicable) have been taken to authorise the execution and performance of this Agreement;
13.1.2 the milk supplied to the Purchaser complies with:
13.1.2.1 the Specifications;
13.1.2.2 the Volumes; and
13.1.2.3 all relevant laws and regulations, industry codes of practice and good industry practice;
13.1.3 the Supplier will, and the Supplier will ensure that the Dairies, comply with all relevant laws and regulations, and have and maintain all necessary licenses, approvals and permits necessary for the performance of this Agreement;
13.1.4 the Supplier will, and the Supplier will ensure that the Dairies, comply with the Purchaser Milk Policy, relevant industry codes of practice and good industry practice; and
13.1.5 at the time of Collection, the Supplier owns the milk and the Supplier has the right to supply the milk to the Purchaser.
Supplier Warranties. All rights of the Seller and its subsidiaries pursuant to any express or implied warranties, representations or guarantees made by suppliers of the Garland Business for furnishing goods or services to the extent furnished to or on behalf of the Garland Business.
Supplier Warranties. (a) Supplier agrees that Xxxxxxxx Corporation shall not be liable for the inspection or packaging of Goods before resale and that all warranties, representations and conditions, statutory, legal or otherwise and whether express or implied, shall survive inspection, installation, acceptance, and payment by Xxxxxxxx Corporation and Xxxxxxxx Corporation’s customers.
(b) Supplier represents and warrants to Xxxxxxxx Corporation, in addition to all warranties implied by law, that the Goods and their design, construction, assembly, production, shipment, sale, packaging, labeling, packing, advertising, instructions and warnings or lack thereof, shall, as applicable, (i) be of good quality, material, and workmanship and be merchantable, fit for their intended purpose, and free from any and all defects, including, without limitation, such defects that could create a hazard to life or property; (ii) not be and have not been subject to product liability claims, except as disclosed to Xxxxxxxx Corporation in writing; (iii) meet all applicable requirements of all applicable U. S. federal, state and local laws and regulations and of all applicable laws and regulations of jurisdictions outside the United States (collectively “Laws”),; (iv) not infringe or encroach upon Xxxxxxxx Corporation or any third party’s personal, contractual or proprietary rights, including, without limitation, patents, trademarks, copyrights, rights of privacy or publicity, or trade secrets; (v) conform to all applicable specifications and to all articles shown to Xxxxxxxx Corporation as samples; (vi) be well within any expiration date indicated on the packaging of the Goods; (vii) be and have been stored under proper conditions to preserve the quality of the Goods; and (viii) possess all performance qualities and characteristics claimed in advertisements or statements issued or authorized by Supplier. Approval by Xxxxxxxx Corporation of Supplier’s designs, materials or packaging shall not relieve Supplier from any obligations under any warranties, representations, conditions or guarantees.
(c) Supplier further represents and warrants that (i) the Goods are new and merchantable; (ii) the Goods are sold to Xxxxxxxx Corporation and free and clear of all encumbrances and liens; (iii) all manufacturer’s warranties are effective and enforceable by both Xxxxxxxx Corporation and Xxxxxxxx Corporation’s customers; and (iv) if required by Laws or legal precedent, the labels, packaging, instructions and warn...
Supplier Warranties. 9.1 The Supplier warrants that:
(a) It is duly incorporated and the person signing this Agreement on behalf of the Supplier is duly authorised to do so and bind the Supplier to the Terms of this Agreement;
(b) The Supplier is not in any litigation, employment dispute or any other dispute or issue which could affect its performance under this Agreement; and
(c) It will make reasonable endeavours to maintain a good record of industrial relations and to preserve a constructive and co-operative working relationship with Staff and their bargaining agents throughout the Term of this Agreement (including during any renewed period).
