Supplier Warranty. Supplier warrants that it owns the Milk supplied to ACM and that it has the right and authority to supply and sell the Milk to ACM free from any encumbrance, mortgage, charge or other security interests.
Supplier Warranty. Supplier represents and warrants that, for a period of [***] from the date of delivery to Tesla, the Items (i) will be free from defects in workmanship, material, and manufacture; (ii) will comply with the requirements of this Agreement, including all Tesla Specifications and manufacturing work instructions; and (iii) will be of merchantable quality and fit and suitable for the purpose intended by Tesla. Supplier further represents and warrants that (A) the Items will consist of new (not used or recycled) material, and (B) Tesla shall acquire good and marketable title to the Items, free and clear of all liens, claims and encumbrances. Further, to the extent that the design of Items is Supplier’s responsibility, Supplier represents and warrants that such design will be free from defects. Supplier acknowledges that Tesla’ intended use of the Items (as components in an electric motor vehicle for sale and use in various territories throughout the world, albeit initially and primarily the United States Of America) and expressly warrants that the Items covered by this Agreement have been selected, designed, manufactured, supplied and/or assembled by the Supplier will be fit and sufficient for the particular purposes intended by Tesla.
Supplier Warranty. (a) Supplier warrants that for the term of this Call-Off Agreement (i) the Services will perform, and the Supplier Material will comply, substantially in accordance with any specifications about them set out in the Service Definition and Order Form; and (ii) the Services will be provided with reasonable care and skill. In the event of a warranty claim made under these Call-Off Terms, the Supplier’s sole responsibility shall be to repair or replace the allegedly defective aspect of the Services and/or Supplier Material, or if such defective aspect relates to the Platform, resolve the same as part of the Support Services.
(b) Except as otherwise provided in this Call-Off Agreement, the Services (including but not limited to the Platform, Artefacts and Supplier Material) are provided to Customer “as is and as available” and Supplier makes no warranties whatsoever, express or implied. Except as otherwise provided in this Call-Off Agreement, Supplier disclaims all warranties, terms and conditions of merchantability, satisfactory quality, accuracy, non-infringement, title or fitness for a particular purpose regarding the Services (including but not limited to the Platform, Artefacts and Supplier Material), all software has glitches or unforeseen errors, and Supplier makes no warranties and disclaims all warranties, terms and conditions that the Services will function without interruption.
(c) In addition to the Call-Off Terms: (i) neither party shall be liable to the other for any loss or damage to reputation; (ii) where the Customer is responsible pursuant to the terms of the Call- Off Agreement for performing backups of Customer Data, the Supplier will not be liable to Customer for any loss of data where Customer has failed to perform reasonably frequent and full data back-ups; and (iii) where the Supplier is responsible pursuant to the terms of the Call- Off Agreement for performing backups of Customer Data, upon the loss, damage or corruption of Customer Data, the Supplier will restore the Customer Data from the latest backup as the Customer’s sole remedy for such loss, damage or corruption.
(d) To the extent permitted by law and except for any express warranty obligation(s) set forth in this Call-Off Agreement, the Supplier will not be liable for any indirect, direct, consequential or special damages of any third party claimed against Customer, that arises in part or in whole from any of: any third party’s use (proper, improper or other) of or activities co...
Supplier Warranty. 1.1 Without prejudice to any other rights of Tesla, express or implied by law, Supplier shall warrant that Supplier’s products (“Components’) shall be new and unused, free from defects In design, materials and workmanship, shall be fit for their purpose, of satisfactory quality and shall comply with all specifications, drawings, samples and other descriptions furnished or specified by Tesla and shall be approved for use in the Tesla installation and/or application subject to compliance to Tesla’s and/or the supplier’s sign off procedure.
1.2 The Components shall be of no lesser quality than any (prototypes or other trial) products delivered to or examined by Tesla prior to production supplies.
Supplier Warranty. GW represents and warrants that (i) it shall Process, store and Deliver Product in material compliance with applicable GMPs, applicable Laws, the QA Agreement, and Master Batch Records and/or any other procedures agreed upon by the Parties in writing, and (ii) at the time of Delivery, Product will conform to the Specifications (the “Product Warranties”).
Supplier Warranty. Supplier shall perform the Services during the period commencing on the date hereof and ending on the completion of work specified on attached Statement(s) of Work, or any exception thereof. Supplier warrants that the Services shall be performed in a workmanlike manner in accordance with the prevailing reasonable commercial standards applicable hereto, and in compliance with all applicable statutes, acts, ordinances, laws, rules, regulations, odes, and standards. The warranties provided herein are cumulative of any other warranties agreed to by Supplier and are subject to Section 28 hereof.
Supplier Warranty. The Supplier warrants, undertakes and represents to HBDHB that neither the supply, receipt or use of the Services (including the Deliverables) nor HBDHB's possession or use as contemplated by this Agreement of any information or materials supplied under this Agreement will infringe the Intellectual Property rights of any third party.
Supplier Warranty. 72 7.1.1. Basic Warranty.......................................................................72 7.1.2. Services.............................................................................73 7.1.3. Warranty Period......................................................................73
Supplier Warranty. 7.1 Subject to clause 7.2, Supplier undertakes that services it provides under this Agreement will be performed with reasonable skill and care.
Supplier Warranty. Supplier represents and warrants that for the period of time [* *] from the date of delivery to Applied, or as set forth in Attachment 1, or such other period of time as may be mutually agreed upon in writing between Applied and Supplier, the Items (i) will be free from defects in workmanship, material, and manufacture; (ii) will comply with the requirements of this Agreement, including all Applied Specifications and manufacturing work instructions; and (iii) will be of merchantable quality and fit and suitable for the purpose intended by Applied. Supplier further represents and warrants that (A) the Items will consist of new (not used or recycled) material, and (B) Applied shall acquire good and marketable title to the Items, free and clear of all liens, claims and encumbrances. Further, to the extent that the design of an Item is Supplier’s responsibility, Supplier represents and warrants that such design will be free from defects. In determining whether an Item is [* *], an Item must be [* *]. In determining whether an Item is [* *], such warranty shall extend to [* *], employed in processes (a) that are [* *], or (b) that are [* *] as an intended use. Supplier’s warranties do not extend to defects, failure or malfunction of an Item to the extent such failure, defect or malfunction (a) results from [* *] by Supplier [* *], provided that this exclusion shall not alter or limit [* *]; (b) is caused by [* *] of the Item that is not in accordance with any written instructions accompanying the Item.
