Common use of Supplier’s Warranty Clause in Contracts

Supplier’s Warranty. 4.1 The Supplier warrants and represents to the University that: a) it has full capacity and authority and has obtained all necessary approvals, consents, licenses and permissions for the performance of its obligations under the Contract; b) the Equipment will conform with the quality, description and other particulars of the Equipment stated in the Purchase Order; c) the Equipment will conform to all samples, drawings, descriptions and specifications provided to the University by the Supplier; d) the Equipment will conform with all standards referred to on any part of the Equipment and in any product packaging and/or documentation in, with or in relation to which the Equipment is supplied; e) the Equipment will be of satisfactory quality and fit for any intended uses expressly or impliedly made known to the Supplier, and will be free from all defects in materials, workmanship and installation for a period of 12 months from the date of delivery; f) the Equipment will comply with all performance and other specifications stated in the Purchase Order, and all applicable legislation for the time being in force; g) the Supplier will allow the University, at any time within 12 months from the date of delivery of the Equipment, to enter with the Supplier into a maintenance agreement for the Equipment in all respects on the Supplier´s standard conditions (including without limitation as to price and duration); h) where, at any time, the University has not entered into a maintenance agreement of the kind referred to above, it will be entitled to maintain the Equipment, or by or through any third party; and i) the Supplier will, to the University provide high quality user manuals and training and other documentation for the Equipment without further charge in such form and quantities as the University may reasonably stipulate, or as stipulated in the Purchase Order at any time before 14 days after delivery. 4.2 The University's rights under the Contract are in addition to the statutory terms implied in favour of the University by the Sale of Goods Xxx 0000 and the Supply of Goods and Services Xxx 0000 and any other statute. 4.3 The provisions in this Condition 4 shall survive any delivery, inspection, acceptance, payment or performance pursuant to the Contract and shall extend to any replacement, repaired, substitute or remedial equipment provided by the Supplier.

Appears in 2 contracts

Samples: Purchase Agreement, Purchase Agreement

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Supplier’s Warranty. 4.1 The Supplier warrants and represents to the University that: a) it has full capacity and authority and has obtained all necessary approvals, consents, licenses and permissions for the performance of its obligations under the Contract; b) the Equipment will conform with the quality, description and other particulars of the Equipment stated in the Purchase Order; c) the Equipment will conform to all samples, drawings, descriptions and specifications provided to the University by the Supplier; d) the Equipment will conform with all standards referred to on any part of the Equipment and in any product packaging and/or documentation in, with or in relation to which the Equipment is supplied; e) the Equipment will be of satisfactory quality and fit for any intended uses expressly or impliedly made known to the Supplier, and will be free from all defects in materials, workmanship and installation for a period of 12 months from the date of delivery; f) the Equipment will comply with all performance and other specifications stated in the Purchase Order, and all applicable legislation for the time being in force; g) unless the University and the Supplier have agreed, in writing (signed on behalf of the University) additional conditions for any software before or at the same time as this Purchase Order, the Supplier has and will continue to have the full right and title to license the University and hereby grants to the University without further charge the irrevocable right and licence to Use the Software on the Equipment; h) where the Software is licensed directly to the University by the Supplier’s licensor, the Supplier will procure for the University rights in all respects no less favourable than those it would have granted had it granted the rights directly under the express licence at Condition 4.1(g); i) at the time of installation the Software will be free from viruses, worms, time locks or anything else that would impair performance of the Software as it might reasonably be expected to operate on the Equipment; j) the Supplier will allow the University, at any time within 12 months from the date of delivery of the Equipment, to enter with the Supplier into a maintenance agreement for the Equipment (together with any relevant Software) in all respects on the Supplier´s Supplier’s standard conditions (including without limitation as to price and duration); hk) where, at any time, the University has not entered into a maintenance agreement of the kind referred to aboveat Condition 4.1(j), it will be entitled to maintain the EquipmentEquipment and any Software itself, or by or through any third party, and in that case the definition of Use will extend to permitting such maintenance of the Software; and il) the Supplier will, to the University provide high quality user manuals and training and other documentation for the Equipment and the Software without further charge in such form and quantities as the University may reasonably stipulate, or as stipulated in the Purchase Order stipulate at any time before 14 days after delivery. 4.2 The University's rights under the Contract are in addition to the statutory terms implied in favour of the University by the Sale of Goods Xxx 0000 and the Supply of Goods and Services Xxx 0000 and any other statute. 4.3 The provisions in this Condition 4 shall survive any delivery, inspection, acceptance, payment or performance pursuant to the Contract and shall extend to any replacement, repaired, substitute or remedial equipment provided by the Supplier.

Appears in 1 contract

Samples: Purchase Agreement

Supplier’s Warranty. 4.1 The Supplier warrants and these represents to the University that: a) it has full capacity and authority and has obtained all necessary approvals, consents, licenses and permissions for the performance of its obligations under the Contract; b) the Equipment Goods will conform with the quality, description and other particulars of the Equipment Goods stated in the Purchase Order; c) the Equipment Goods will conform to all samples, drawings, descriptions and specifications provided to the University by the Supplier; d) the Equipment Goods will conform with all standards referred to on any part of the Equipment Goods and in any product packaging and/or documentation in, with or in relation to which the Equipment is Goods are supplied; e) the Equipment Goods will be of satisfactory quality and fit for any intended uses expressly or impliedly made known to the Supplier, and will be free from all defects in materials, workmanship and installation for a period of 12 months from the date of delivery; f) the Equipment Goods will comply with all performance and other specifications stated in the Purchase Order, and all applicable legislation for the time being in force;; and g) the Supplier will allow the University, at any time within 12 months from the date of delivery of the Equipment, to enter with the Supplier into a maintenance agreement for the Equipment in all respects on the Supplier´s standard conditions (including without limitation as to price and duration); h) where, at any time, the University has not entered into a maintenance agreement of the kind referred to above, it will be entitled to maintain the Equipment, or by or through any third party; and i) where appropriate the Supplier will, to the University provide high quality user manuals and training and other documentation for the Equipment Goods without further charge in such form and quantities as the University may reasonably stipulate, or as stipulated in the Purchase Order at any time before 14 days after delivery. 4.2 The University's rights under the Contract are in addition to the statutory terms implied in favour of the University by the Sale of Goods Xxx 0000 and the 0000, Sale & Supply of Goods and Services Xxx 0000 and any other statute. 4.3 The provisions in this Condition 4 shall survive any delivery, inspection, acceptance, payment or performance pursuant to the Contract and shall extend to any replacement, repaired, substitute or remedial equipment goods provided by the Supplier.

Appears in 1 contract

Samples: Purchase Agreement

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Supplier’s Warranty. 4.1 The Supplier warrants and represents to the University that: a) it has full capacity and authority and has obtained all necessary approvals, consents, licenses and permissions for the performance of its obligations under the Contract; b) the Equipment will conform with the quality, description and other particulars of the Equipment stated in the Purchase Order; c) the Equipment will conform to all samples, drawings, descriptions and specifications provided to the University by the Supplier; d) the Equipment will conform with all standards referred to on any part of the Equipment and in any product packaging and/or documentation in, with or in relation to which the Equipment is supplied; e) the Equipment will be of satisfactory quality and fit for any intended uses expressly or impliedly made known to the Supplier, and will be free from all defects in materials, workmanship and installation for a period of 12 months from the date of delivery; f) the Equipment will comply with all performance and other specifications stated in the Purchase Order, and all applicable legislation for the time being in force; g) unless the University and the Supplier have agreed, in writing (signed on behalf of the University) additional conditions for any software before or at the same time as this Purchase Order, the Supplier has and will continue to have the full right and title to license the University and hereby grants to the University without further charge the irrevocable right and licence to Use the Software on the Equipment; h) where the Software is licensed directly to the University by the Supplier’s licensor, the Supplier will procure for the University rights in all respects no less favourable than those it would have granted had it granted the rights directly under the express licence at Condition 4.1(g); i) at the time of installation the Software will be free from viruses, worms, time locks or anything else that would impair performance of the Software as it might reasonably be expected to operate on the Equipment; j) the Supplier will allow the University, at any time within 12 months from the date of delivery of the Equipment, to enter with the Supplier into a maintenance agreement for the Equipment (together with any relevant Software) in all respects on the Supplier´s Supplier’s standard conditions (including without limitation as to price and duration); hk) where, at any time, the University has not entered into a maintenance agreement of the kind referred to aboveat Condition 4.1(i), it will be entitled to maintain the EquipmentEquipment and any Software itself, or by or through any third party, and in that case the definition of Use will extend to permitting such maintenance of the Software; and il) the Supplier will, to the University provide high quality user manuals and training and other documentation for the Equipment and the Software without further charge in such form and quantities as the University may reasonably stipulate, or as stipulated in the Purchase Order stipulate at any time before 14 days after delivery. 4.2 The University's rights under the Contract are in addition to the statutory terms implied in favour of the University by the Sale of Goods Xxx 0000 and the Supply of Goods and Services Xxx 0000 and any other statute. 4.3 The provisions in this Condition 4 shall survive any delivery, inspection, acceptance, payment or performance pursuant to the Contract and shall extend to any replacement, repaired, substitute or remedial equipment provided by the Supplier.

Appears in 1 contract

Samples: Purchase Agreement

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