The Supplier warrants Sample Clauses

The Supplier warrants. (a) in the case of the provision of Services, that the Supplier and its Personnel are suitably experienced, skilled, qualified, knowledgeable and competent for the provision of the Services and that the Services will be performed with the professional skill, care and diligence expected of a skilled and experienced professional supplier; (b) the Goods and/or Services (as applicable) are fit for their intended purposes as set out in, or which an experienced professional supplier would reasonably infer from, this Contract; (c) the Goods will be new, of merchantable quality and of good and sound design, materials and workmanship, and will be free from defects and from any encumbrances or defects in title; (d) to the extent that the Services include design services: (i) the design will be prepared by people with appropriate professional qualifications and in accordance with best industry practices; (ii) the design (including any materials and methods of using, fixing or working required or contemplated by the design) will fulfil the requirements of this Contract and is and will be fit for the purposes set out in, or reasonably inferred from, this Contract; and (iii) the works or things carried out and completed by or on behalf of the Company in accordance with the Supplier’s design, will be fit for their intended purpose as described in this Contract; and (e) any items which the Supplier uses or supplies in conjunction with the Services will be of merchantable quality and of good and sound design, materials and workmanship, and will be fit for the purpose for which they are intended.
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The Supplier warrants represents and undertakes as follows: (a) that this Agreement is binding and enforceable against it in accordance with its terms; (b) it will provide the Goods and Services in accordance with the terms of this Agreement; (c) that it has the necessary authority to enter into this Agreement; and (d) that it will have available to it throughout the Term, and will employ in the provision of the Services, all stocks of consumables, equipment, manpower, licences and consents, Intellectual Property Rights and other things required to perform the Services in all respects in accordance with the terms of this Agreement.
Sample 1
The Supplier warrants. (a) that Goods delivered under this Agreement will be of merchantable quality and fit for their intended purpose and be free from all defects in design, performance, workmanship and makeup; (b) the Services will be performed in accordance with best practice standards of diligence, skill, care and efficiency expected of a competent contractor performing services of a similar nature to the Services; (c) it will, and will ensure that its employees, agents, contractors and sub-contractors will, at all times be suitably qualified and experienced to supply the Goods or perform the Services; and (d) the Company’s use of the Goods or Services will not infringe any Intellectual Property Rights.
Sample 1
The Supplier warrants. That the System as well as the Ordered Performance shall function, following the execution of the Test Operation, in line with the Documentation. That the System or Ordered Performance implemented by the Supplier will not contain viruses, malware, or other functions that would, in the event of the occurrence of a pre-defined circumstance or otherwise, prevent the Client from using the System, or that would cause the System to cease functioning or to restrict or otherwise negatively influence its functioning; That it is entitled to provide the Licence to the Client and to ensure for the Client a Licence for the use of Software. The Supplier hereby grants the Client a warranty that the Ordered Performance or other performance of the Supplier under this Agreement or the use of the Ordered Performance by the Client under this Agreement does not violate or cause the violation of any third-party intellectual property right. In the event that the Supplier breaches its obligation arising from the warranty stated in this paragraph, the Supplier shall be liable for all of the consequences arising therefrom, and in particular, it shall be obliged to immediately ensure for the Client the right to use the Ordered Performance, which will not violate the intellectual property rights of a third party, and to indemnify the Client for any damage sustained by it in that context. That (i) the System will duly function on the equipment supplied by the Supplier and on the Platform (see Appendix 7), and that the (ii) equipment supplied by the Supplier is compatible with the System, has sufficient capacity, allows for the full use of all System functions, and complies with the performance parameters stipulated in the Agreement. Furthermore, the Supplier guarantees to the Client that the technical standard of the System and hardware is such that it complies with the most recent IATA standards and the requirements of airport operation in the baggage check-in and security check processes at Prague – Ruzyně Airport. The warranties given in this Article 8.1.4 apply to the entire term of the provision of the Agreement. The Supplier grants a warranty to the Client that the System correctly processes data from all interfaces defined.
Sample 1

Related to The Supplier warrants

  • The Supplier Service Provider remains liable for its contractual obligations under the Agreement, including all services rendered by the sub-contractor.

  • The Supplier must 12.1.1 comply with the Buyer’s written instructions and this Call-Off Contract when Processing Buyer Personal Data 12.1.2 only Process the Buyer Personal Data as necessary for the provision of the G-Cloud Services or as required by Law or any Regulatory Body 12.1.3 take reasonable steps to ensure that any Supplier Staff who have access to Buyer Personal Data act in compliance with Supplier's security processes

  • 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.

  • Manufacturer Warranties Prior to the transfer to the Interconnected Transmission Owner of title to the Transmission Owner Interconnection Facilities built by the Interconnection Customer, the Interconnection Customer shall produce documentation satisfactory to the Interconnected Transmission Owner evidencing the transfer to the Interconnected Transmission Owner of all manufacturer warranties for equipment and/or materials purchased by the Interconnection Customer for use and/or installation as part of the Transmission Owner Interconnection Facilities built by the Interconnection Customer.

  • Customer Warranty Customer’s and its End Users’ use of the Services must always comply with all applicable Laws and this Agreement.

  • Customer Warranties Customer warrants that (i) if an entity, it is duly organized and validly existing in good standing; (ii) it is duly authorized to execute, deliver, and perform its obligations under this Agreement; (iii) when duly executed and delivered by each Party, the Agreement will constitute Customer’s legal, valid, and binding obligation, enforceable against it in accordance with its terms; (iv) it is not insolvent and is paying all of its debts as they become due; (v) any payments made pursuant to the Agreement are intended by it to be a substantially contemporaneous exchange for new value given to it; (vi) each payment made of a debt incurred by it under this Agreement is or was in the ordinary course of its business or financial affairs, and (vii) all information supplied by Customer is complete and accurate.

  • Forecasts and Purchase Orders (a) Following Regulatory Approval of one of the Initial Products during the term of this Agreement, Reliant shall provide to ASL no later than the first day of the first month of each calendar quarter a non-binding good faith estimate (“Quarterly Forecast”) by quarter of Reliant’s requirements for the Active Ingredient for the calendar quarter and the succeeding three (3) calendar quarters. Reliant will be obligated to purchase 75% of the quantities of API forecasted for the first two (2) succeeding calendar quarters of each Quarterly Forecast. Within (30) days of Regulatory Approval, Reliant shall provide an initial forecast (“Initial Forecast”) for the four calendar quarters following Regulatory Approval. (b) Reliant shall place binding purchase orders for Active Ingredient by written or electronic purchase order (or by any other means agreed to by the parties) to ASL, which shall be placed at least ninety (90) days prior to desired date of delivery. (c) ASL shall be obligated to supply Active Ingredient as ordered by Reliant. To the extent purchase orders in any calendar month exceed One Hundred Fifty percent (150%) of the Quarterly Forecast for the relevant quarter, ASL shall use its best efforts to supply 125% of the quantity ordered. (d) ASL shall maintain minimum inventory levels equal to the binding portion of the then current Quarterly Forecast. The Active Ingredient shall be shipped C.I.F. Duty Unpaid to a Designated Facility or other location agreed by the parties. Active Ingredient shall be shipped upon completion of production in temperature-controlled vehicles in accordance with the specifications including light protecting containers and the Quality Agreement in order to maintain the quality of the Active Ingredient. Carriers selected by ASL must be commercially reputable, able to track shipments and fully insured with adequate coverage to replace the value of the goods shipped. Title and risk of loss pass on delivery to the Designated Facility. (e) All shipments of Active Ingredient shall be accompanied by a packing slip and a certificate of analysis which describes the Active Ingredient, states the purchase order number, confirms that the Active Ingredient conforms in all ways with the Specifications, the Process Description and was manufactured in accordance with GMP and all other requirements of the Act. To the extent of any conflict or inconsistency between this Agreement and any purchase order, purchase order release, confirmation, acceptance or any similar document, the terms of this Agreement shall govern. (f) Reliant shall notify ASL of any short-shipment claims within thirty (30) days of receipt of a shipment of Active Ingredient. (g) ASL shall not be obligated to accept any returns of Active Ingredient other than as a result of such Active Ingredient failing to meet the Specifications in accordance with Section 2.9(a), was not manufactured in accordance with GMP, or does not otherwise comply with the manufacturing, storage and/or transportation requirements of the Act.

  • Manufacturer A firm that operates or maintains a factory or establishment that produces on the premises, the materials or supplies obtained by the Contractor. Regular Dealer - A firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. A regular dealer engages in, as its principal business and in its own name, the purchase and sale or lease of the products in question. A regular dealer in such bulk items as steel, cement, gravel, stone, and petroleum products need not keep such products in stock, if it owns and operates distribution equipment for the products. Brokers and packagers are not regarded as manufacturers or regular dealers within the meaning of this section. United States Department of Transportation (USDOT) - Federal agency responsible for issuing regulations (49 CFR Part 26) and official guidance for the DBE program.

  • Purchase Order Number NETAPP's purchase order number must appear on all invoices, packing lists and bills of lading and shall appear on each package, container or envelope on each shipment made pursuant to such purchase order.

  • Substitute Purchase Warrant In case of any consolidation of the Company with, or share reconstruction or amalgamation of the Company with or into, another corporation (other than a consolidation or share reconstruction or amalgamation which does not result in any reclassification or change of the outstanding Shares), the corporation formed by such consolidation or share reconstruction or amalgamation shall execute and deliver to the Holder a supplemental Purchase Warrant providing that the holder of each Purchase Warrant then outstanding or to be outstanding shall have the right thereafter (until the stated expiration of such Purchase Warrant) to receive, upon exercise of such Purchase Warrant, the kind and amount of shares of stock and other securities and property receivable upon such consolidation or share reconstruction or amalgamation, by a holder of the number of Shares of the Company for which such Purchase Warrant might have been exercised immediately prior to such consolidation, share reconstruction or amalgamation, sale or transfer. Such supplemental Purchase Warrant shall provide for adjustments which shall be identical to the adjustments provided for in this Section 6. The above provision of this Section shall similarly apply to successive consolidations or share reconstructions or amalgamations.

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