SUPPLIER’S WARRANTIES. 16.1 The Supplier represents, warrants and undertakes to the Authority that:
16.1.1 the Supplier has the full right, power and authority to enter into and perform this Agreement and to grant all of the Authority Rights to the Authority and for the Authority to use and exploit the same as contemplated in this Agreement;
16.1.2 all information, representations, warranties and other matters of fact contained in the Supplier’s tender submission as part of the competitive tender process referred to in the recitals to this Agreement are true, complete and accurate in all respects and the Supplier agrees to be bound by the obligations and statements made in such tender submission as if the same were set out in this Agreement, save where there is any inconsistency between the terms of this Agreement and such tender submission the terms of this Agreement shall prevail;
16.1.3 save in respect of any Third Party Content, no Deliverable has and no Deliverable will have been broadcast, released or otherwise exploited in any Broadcast Media anywhere in the world prior to the relevant Delivery Date;
16.1.4 there is no contract or arrangement to which the Supplier is a party and the Supplier will not enter into any contract or arrangement and there is and will be no other encumbrance or restriction which could in any way interfere with or inhibit the full exercise or exploitation of any and all of the Authority Rights by the Authority;
16.1.5 the Supplier has paid and shall promptly pay all sums due to any person who is or may be entitled to any payment in respect of services or facilities rendered or goods supplied or rights granted in connection with the Deliverables or on the exercise by the Authority of any of the Authority Rights or in respect of any tax, duty, levy, national insurance or any similar payment in connection with the Deliverables required to be made by the Supplier;
16.1.6 the Supplier will have, by and as at the relevant Delivery Date, obtained all necessary consents, grants, clearances and rights (including any rights in musical compositions contained within the Deliverables (if any) which are controlled by the Performing Right Society or its affiliated bodies) to enable it to produce and deliver the Deliverables and to grant to and enable the Authority to exercise the Authority Rights free from any liens, claims and encumbrances;
16.1.7 to the extent any musical compositions are contained in the Deliverables:
16.1.7.1 all recording synchronisation an...
SUPPLIER’S WARRANTIES. 7.1 Supplier warrants that the Goods:
(a) are safe;
(b) are free from encumbrances, defect or fault;
(c) are of merchantable quality;
(d) include appropriate and correct warnings and instructions;
(e) are fit for the purpose for which purchased (as communicated by Ingredion to the Supplier);
(f) comply with any representations, descriptions, samples or other specification (including Specification), quality, function, performance or design; and
(g) include any applicable Supplier’s warranty that passes to the consumer from Ingredion without liability to Ingredion.
7.2 Supplier warrants and represents to Ingredion that any Services performed by Supplier or duly appointed sub-contractor:
(a) shall be performed in a good and workmanlike fashion and with all due speed, care, skill and diligence; and
(b) shall be carried out in accordance with this Agreement, with current industry standard codes of practice, and the highest standards prevailing in the Supplier’s industry.
7.3 Supplier shall ensure that all of its personnel and sub-contractors are suitably qualified and legally hired, to perform the Services and that all necessary licences, work permits or other authorisations have been obtained.
7.4 If any materials which are required by Supplier for the provision of the Services are not delivered fully in accordance with any stipulations in this Agreement, Supplier shall immediately effect correct delivery and shall be responsible for any additional costs and expenses incurred by the parties in so doing.
7.5 Ingredion shall have the right exercisable during the performance of the Services to suspend any payment obligation in respect of the Services if the performance does not conform in quality with any stipulations in this Agreement or if the performance is delayed.
7.6 If the Services do not conform with this Agreement, Ingredion shall have the right to purchase Services from elsewhere which nearly as practicable conform to this Agreement and any extra expense incurred in doing so shall be paid by Supplier to Ingredion. Before exercising such right to purchase the Services from an alternative supplier, Ingredion shall give Supplier an opportunity to replace the Services in respect of which payment was cancelled with Services which conform with this Agreement.
SUPPLIER’S WARRANTIES. 9.1 The Supplier warrants that the Software will conform in all material respects to the Specification for a period of 90 days from the date of this licence ("Warranty Period"). If, within the Warranty Period, the Customer notifies the Supplier in writing of any defect or fault in the Software in consequence of which it fails to conform in all material respects to the Specification, and such defect or fault does not result from the Customer, or anyone acting with the authority of the Customer, having amended the Software or used it outside the terms of this licence for a purpose or in a context other than the purpose or context for which it was designed or in combination with any other software not provided by the Supplier, or it has not been loaded onto Supplier-specified or suitably configured equipment, the Supplier shall, at the Supplier's option, do one of the following:
9.1.1 repair the Software;
9.1.2 replace the Software; or
9.1.3 terminate this licence immediately by notice in writing to the Customer and refund any of the Fee paid by the Customer as at the date of termination (less a reasonable sum in respect of the Customer's use of the Software to the date of termination) on return of the Software and all copies thereof, provided the Customer provides all the information that may be necessary to assist the Supplier in resolving the defect or fault, including a documented example of any defect or fault, or sufficient information to enable the Supplier to re-create the defect or fault.
9.2 The Supplier does not warrant that the use of the Software will be uninterrupted or error-free.
9.3 The Customer accepts responsibility for the selection of the Software to achieve its intended results and acknowledges that the Software has not been developed to meet the individual requirements of the Customer.
9.4 The Customer acknowledges that any Open-Source Software provided by the Supplier is provided "as is" and expressly subject to the disclaimer in clause 9.5.
9.5 All other conditions, warranties or other terms which might have effect between the parties or be implied or incorporated into this licence or any collateral contract, whether by statute, common law or otherwise, are hereby excluded, including the implied conditions, warranties or other terms as to satisfactory quality, fitness for purpose or the use of reasonable skill and care.
SUPPLIER’S WARRANTIES. 7.1 Supplier warrants that the Goods:
(a) are safe;
(b) are free from encumbrances, defect or fault;
(c) are of merchantable quality;
(d) include appropriate and correct warnings and instructions;
(e) are fit for the purpose for which purchased (as communicated by Ingredion to the Supplier);
(f) comply with any representations, descriptions, samples or other specification (including Specification), quality, function, performance or design; and
(g) include any applicable Supplier’s warranty that passes to the consumer from Ingredion without liability to Ingredion.
7.2 The Supplier warrants that the Services will be performed:
(a) in a good and workmanlike manner and with all due speed, care, skill and diligence;
(b) in accordance with this Agreement, current industry codes of practice; and
(c) by suitably qualified and licensed personnel and sub-contractors.
7.3 The Supplier warrants that the performance of this Agreement:
(a) will not breach any agreement to which the Supplier is a party or by which the Supplier or its property is bound;
(b) will not infringe any patent or other industrial or intellectual property rights of any third parties.
SUPPLIER’S WARRANTIES. So long as a Default or an Event of Default has not occurred and is continuing and provided that the Aircraft continues to be maintained, modified and repaired as required hereunder, Lessor hereby assigns or, if by their terms not assignable, agrees otherwise to make available to Lessee the right to exercise in Lessee's name such rights as Lessor may have or may subsequently obtain (but without representation or warranty by or recourse to Lessor) with respect to any product warranty, service life policy, trademark, patent or copyright infringement indemnity, or airframe or propulsion system performance guaranty, of Airbus Industrie, the Manufacturer's Subsidiary, IAE or any subcontractor or vendor with respect thereto under the Purchase Agreement (except those which were given directly to Parent, the Original Head Lessee or any of their Affiliates and are not directly related to the operator's use of the Aircraft), to the extent that the same may be assigned or otherwise made available to Lessee, and Lessor agrees to exert its reasonable efforts, at Lessee's expense and upon its request, to enforce such rights as Lessor may have with respect thereto for the benefit of Lessee; provided, however, that upon and during the continuance of a Default or an Event of Default, such assignment or other rights which are otherwise made available to Lessee shall immediately and automatically without further action be deemed cancelled and, to the extent of any remaining interest held by Lessee, deemed reassigned to Lessor and all such rights shall revert to Lessor automatically including all claims thereunder whether or not perfected and all amounts payable shall be paid to and held by Lessor. In no event, however, shall Lessee have any right to amend, supplement or otherwise modify the Purchase Agreement (by change order or otherwise). In connection with the foregoing, Lessee agrees to be bound by and comply with all applicable terms, conditions and limitations of the provisions of the Purchase Agreement.
SUPPLIER’S WARRANTIES. Supplier warrants that (a) at the time of delivery of materials and packaging to SCRIPSAMERICA, it will have good and marketable title to all materials and packaging sold to SCRIPSAMERICA, and (b) all Products sold to SCRIPSAMERICA will strictly conform to the Specifications and SCRIPSAMERICA’s quality control standards, will be manufactured in accordance and comply with all applicable Laws and industry standards, will be manufactured using current Good Manufacturing Practices (“cGMP”), will be free from all defects in material and workmanship, and will be free and clear of all liens and encumbrances (together with all other warranties of Supplier set forth in this Agreement, the “Supplier Warranties”). THE SUPPLIER WARRANTIES ARE THE ONLY WARRANTIES OF SUPPLIER WITH RESPECT TO THIS AGREEMENT AND ARE IN LIEU OF ANY OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUATORY, INCLUDING BUT NOT LIMITED TO THOSE FOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY ARISING OUT OF ANY SPECIFICATION. SCRIPSAMERICA HEREBY WAIVES ALL OTHER WARRANTIES OR GUARANTEES OF SUPPLIER WHETHER EXPRESS OR IMPLIED.
SUPPLIER’S WARRANTIES. 8.1. The Supplier warrants to the Customer that:
a) it has all necessary internal authorisations and all authorisations from all relevant third parties to enable it to supply the Goods and the Services without infringing any applicable law, regulation, code or practice or any third party’s rights;
b) it will not and will procure that none of its employees will accept any commission, gift, inducement or other financial benefit from any supplier or potential supplier of the Customer; and
c) the Services will be performed by appropriately qualified and trained personnel, with the best care, skill and diligence and to such high standard of quality as it is reasonable for the Customer to expect in all the circumstances.
SUPPLIER’S WARRANTIES. 7.1 The Supplier warrants that the Goods:
(a) are free from encumbrances at the time title in the Goods passes to Silver Fern Farms;
(b) are free from material defects;
(c) meet and will perform the functions set out in the Supplier's specifications (if any); and
(d) do not infringe any patent, trade xxxx or other intellectual property right of a third party.
SUPPLIER’S WARRANTIES. Supplier warrants that each Product, Spare Part, Corrected Product, Technical Publication and/or Service must (i) be free from defects in materials and workmanship, (ii) conform to the requirements of this Agreement and its Exhibits, and the applicable Purchase Order including, but not limited to, any applicable descriptions, the Technical Requirements, Supplier’s Technical Proposal and drawings, and (iii) to the extent not manufactured pursuant to detailed designs and specifications provided by Buyer, be free from any defects in design, manufacture and production.
SUPPLIER’S WARRANTIES. 5.1. Supplier shall warrant that Goods supplied to Purchaser are flawless and corresponds the quality, technical specifications and requirements specified under clause 4.1. of the Contract.
5.2. Provisions of claim arisen due to goods flaw/defect shall be regulated under this Contract and Legislation of Georgia.
5.3. In case of any flaw/defect whatsoever Supplier shall on its expenses and under its responsibility ensure its elimination within reasonable timeframe defined in written notification (about flaw/defect revealing) received from Purchaser. Flaw/defect shall be corrected in accordance with Purchaser’s request through goods replacement with the new one or through repair/correction.
5.4. Warranty period on the goods delivered to Purchaser by Supplier shall be 12 months after goods installation completion or 24 months after goods delivery, which comes earlier
5.5. Supplier warrants/guarantees that it shall protect Purchaser from any claim arisen by any third party and/or reimburse Purchaser any expense (including costs incurred due to sanction imposed by State Competent Authority) that may be incurred due to breach or improper performance of contract provisions by Supplier.
