Supplier warrants that. 6.1.1 it shall use all best skill and care in providing the Works to Buyer and shall perform its obligations in accordance with this Agreement and the Order;
6.1.2 title to the Works ordered under the Order shall transfer in accordance with clause 6.6.1 free from any security interest or other lien or encumbrance;
6.1.3 it has the rights to grant the licence rights set out in this Agreement and in the Order;
6.1.4 that the Works are of good quality, material and workmanship in accordance with best industry practice;
6.1.5 the Works are and will be fit for their intended purpose and use including any purpose and use made known to Supplier by Buyer;
6.1.6 the Works are free from defects in design, materials and workmanship and hazards to health;
6.1.7 the Works are new and not used, refurbished, repaired or reconditioned and not of an age that deteriorates or impairs their usefulness, safety or operation;
6.1.8 the Works do not infringe the rights of any third party;
6.1.9 no Works, or part or component thereof, or any material supplied hereunder shall be counterfeit.
Supplier warrants that. It will comply with California and federal disability laws and regulations;
Supplier warrants that. (a) IES acquires good and clear title to the items and goods, free and clear of liens and encumbrances whatsoever; (b) To the best knowledge and information of Supplier, the items and goods delivered do not infringe any patents, copyrights, trademarks or proprietary rights of any third party, (c) there are no violations of law or regulations, third party claims, or any other claims or disputes pending or anticipated with respect to the items or goods which would restrict, affect or pertain to IES or any recipient’s possession, use or enjoyment thereof, (d) Supplier has full right and ability, has all rights and licenses, has complied with all applicable laws, and is empowered to accept and agree to the terms and conditions of this Purchase Order and to carry out its obligations under this Purchase Order and to grant the rights and licenses set forth or provided for in this Purchase Order, (d) Supplier’s compliance with the terms and conditions of this Purchase Order including sale and transfer of the items and goods do not violate any federal, state or local laws, regulations or ordinances.
Supplier warrants that i) The Goods will be new, including all their components;
ii) The Goods will conform to the design, specifications, performance requirements, quality, suitability or durability, description, and in respect of any further matter or thing set out in the Agreement;
iii) The Goods are, at the time of sale, free of latent defects which render the Goods potentially unsafe or unfit for the use for which they were intended. If Supplier was aware or ought to have been aware of a latent defect, it is bound not only to replace or repair the Goods but to pay all damages suffered by XXXX.
iv) A defect is presumed to have existed at the time of a sale by Supplier if the Goods malfunction or deteriorate prematurely in comparison with identical or similar goods.
v) Supplier will extend to PERI the benefits of its standard warranties and guarantees against defects in design, material and workmanship of the Goods on the terms and conditions disclosed to PERI and approved in writing by PERI; failing which, Supplier warrants that the Goods will be free from any defect in design, material and workmanship for a period of 18 months from the date of the transfer to PERI of title and risk to the Goods under section 8 TITLE AND COPYRIGHT and, during that period, it will at its expense remove and replace or repair all defective items;
vi) PERI will have the benefit of all warranties, guarantees, service contracts and similar contracts available to Supplier from its suppliers, manufacturers or sellers of the Goods for their full term;
vii) XXXX has the benefit of all implied warranties for the Goods including implied warranties of merchantability and fitness for a particular purpose; and
viii) Supplier understands that PERI may sell or otherwise transfer Goods to third parties (PERI End Customers) and confirms that all warranties, guarantees, service contracts and similar contracts are portable and available to PERI End Customers. If PERI is required to take back Goods from PERI End Customers or to pay damages or costs to PERI End Customers as a result of a defect or other problems with the Goods which are the fault of the Supplier in whole or in part, Supplier shall reimburse PERI for all damages, costs, and expenses related to such claim. 13. RECALL
a) PERI shall be entitled, at its absolute discretion, to recall Xxxxx supplied to PERI End Customers if sufficient suspicion arises that the product supplied by the Supplier has a serial defect. In this context, serial defects shall me...
Supplier warrants that. All Products will be free of any claim of any nature by any third party and that Supplier will convey unencumbered and clear title to Buyer; ZTE Kangxun Telecom Co. Ltd Copyright Reserved Page 13 of 35 Ver.2008-10 ZTE ZTE/Acacia Confidentialp
Supplier warrants that. (a) the Monitizer Platform and Hardware will operate as described in the Specification Sheets (as amended from time to time) in all material respects; and (b) it shall perform its obligations under this Contract with reasonable skill and care and using competent and appropriately qualified personnel.
Supplier warrants that. Goods; correspond to the agreed specifications and are free from defects in material, workmanship and title.
Supplier warrants that. 17.1.1 It has full power and authority to provide the Services to HP and to grant HP the rights granted herein, and that each Service and accompanying documents are free of any and all restrictions, settlements, judgments or adverse claims;
17.1.2 All Services will be performed by Supplier in a professional manner, consistent with the standard of skill and care exercised by the best professionals within Supplier’s industry on projects of comparable scope and complexity, in a similar location, and in conformance with the requirements of this Agreement.
17.1.3 Supplier is sufficiently experienced, properly qualified, registered, licensed, equipped, organized, and financed to perform the Services in compliance with the terms of this Agreement;
17.1.4 Supplier will devote such time, Personnel and resources for the performance of its duties under this Agreement and any Purchase Order, and within the deadlines set by HP;
17.1.5 All materials and equipment supplied to HP, if any, and any associated workmanship, will be free from errors, faults, and defects and in conformance with the requirements of this Agreement **** and Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request. Omissions are designated as [****]. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission
17.1.6 There is no copyright, patent, or trade secret or other proprietary right of a third party that would be infringed or misappropriated by HP’s use of the Services, deliverables or any other Intellectual Property provided under this Agreement.
Supplier warrants that. (i) each chemical substance contained in Products is on the inventory of chemical substances compiled and published by the Environmental Protection Agency pursuant to the Toxic Substances Control Act and (ii) all Material Safety Data Sheets required to be provided by Supplier for Products shall be provided to DXC prior to shipment of the Products and shall be complete and accurate.
Supplier warrants that a) the Goods delivered 1. conform to the Agreement, 2. will be of good quality, 3. will be free from design and production errors,
