W arranties. Each party represents and warrants to the other that it is duly authorized to execute this Agreement and perform the obligations set forth herein.
W arranties. The Designer shall:
W arranties. Subcontractor hereby represents and warrants that Subcontractor’s work shall meet the requirements of this Agreement and comply with all warranties imposed by law, rule or regulation upon Contractor and/or Subcontractor. Subcontractor shall timely repair or remedy any defects in workmanship andmaterial upon notice by Contractor to Subcontractor. Subcontractor hereby warrants, without limitation, that all workmanship performed, and materials supplied by Subcontractor shall be free from defects caused by faulty workmanship and defective materials f or a period of one y ear from the warranty date. Subcontractor also warrants that, if applicable, all installation of plumbing, electrical, heating and cooling systems shall be free from defects f or a period of two years from the warranty date. Subcontractor also warrants that, if applicable, all workmanship and materials shall be free from major construction defects, as that term is defined by Minn. Stat. Chapter 327A. This “warranty date” shall be the earlier of the date on which the Buyer takes occupancy of the property or the date on which the Buyer’s account is paid-in-full, whichever is first to occur. Subcontractor also warrants that all workmanship performed, and materials supplied by Subcontractor shall comply with all applicable laws, regulations and ordinances, including, but not limited to, applicable building and energy codes. All warranties shall survive the termination of this Agreement. Subcontractor agrees to provide warranty work free of charge to Contractor and on a timely basis.
W arranties. Whether or not Seller is a merchant of goods and/or services provided by it, Seller warrants that all goods and/or services provided by it: (i) shall be free of conflict minerals, (ii) shall be of good quality and workmanship and free from defects, latent or patent; (iii) shall conform to all specifications, drawings, descriptions furnished, specified, or adopted by Buyer; (iv) shall be merchantable and suitable and sufficient for their intended purposes; and (v) shall be free of any claim of any third party. NONE OF THE REMEDIES AVAILABLE TO BUYER FOR THE BREACH OF ANY OF THE FOREGOING WARRANTIES MAY BE LIMITED EXCEPT TO THE EXTENT AND IN THE MANNER AGREED UPON THE BUYER IN A SEPARATE AGREEMENT SPECIFICALLY DESIGNATING SUCH LIMITATION AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF BUYER. Buyer’s inspection and/or acceptance of and/or payment for goods and/or services shall not constitute a waiver by it of any warranties. Buyer’s approval of any sample acceptance of any goods shall not relieve Seller from responsibility to deliver goods and to perform services conforming to specifications, drawings and descriptions. Buyer may reject any portion or all of any shipment of products that does not conform to the applicable specifications or descriptions of the products within 60 days of receipt and may return such rejected products to Seller, at Seller’s sole option for replacement, refund or credit. Buyer’s payment to Seller for products prior to Buyer’s rejection as non-conforming shall not be deemed as acceptance by Buyer.
W arranties. (a) The Shelter Management Agency warrants and represents to the DUSIB that:
i. it is a competent and efficient provider of night shelter management services;
ii. it is duly organised and validly existing under the laws of India, and has full capacity and authority and all necessary approvals to enter into and to perform its obligations under the Agreement and to carry out the transactions contemplated hereby;
iii. this Agreement is executed by a duly authorized representative of Shelter Management Agency;
iv. it shall discharge its obligations under this Agreement with due skill, care and diligence so as to comply with the provisions of this Agreement;
v. this Agreement constitutes its legal, valid and binding obligation, enforceable against it in accordance with the terms hereof, and its obligations under this Agreement will be legally valid, binding and enforceable obligations against it in accordance with the terms hereof;
vi. it is subject to the laws of India, and hereby expressly and irrevocably waives any immunity in respect of this Agreement or matters arising thereunder including any obligation, liability or responsibility hereunder;
vii. there are no actions, suits or proceedings pending or to its best knowledge, threatened against or affecting it before any court, administrative body or arbitral tribunal which might materially and adversely affect its ability to meet or perform any of its obligations under this Agreement;
viii. it has the financial standing and capacity to undertake the Project in accordance with the terms of this Agreement;
ix. the execution, delivery and performance of this Agreement will not conflict with, result in the breach of, constitute a default under, or accelerate performance required by any of the terms of its memorandum of association and articles of association or any Applicable Laws or any covenant, contract, agreement, arrangement, understanding, decree or order to which it is a party or by which it or any of its properties or assets is bound or affected;
x. it has no knowledge of any violation or default with respect to any order, writ, injunction or decree of any court or any legally binding order of any Government authority which may result in any Material Adverse Effect on its ability to perform its obligations under this Agreement, and no fact or circumstance exists which may give rise to such proceedings that would adversely affect the performance of its obligations under this Agreement; xi. it has complie...
W arranties. Seller warrants that: the Product will be free and clear, from and after time of delivery, of any security interest, or encumbrance related to Seller (Seller agrees that should any encumbrance be claimed against the Product, Seller will immediately cause the same to be discharged and terminated; and, will further, hold Buyer harmless there from); Seller has good and merchantable title to the Product; the Product meets Seller’s specifications in accordance with the Seller’s Contract description. Seller’s weights and measures are to govern in any dispute or settlement thereof. Product quantity shall be measured when and where the Product is loaded for deliver as follows: (i) for railcar, by means of the railcar’s gauging device and applicable outage tables; (ii) for tank truck, by means of a weigh scale or metering device; and (iii) for tank storage or pipeline, by means of meter or other mutually accepted method. All measurements shall be corrected for temperature of 60°F. THE WARRANTIES IN THIS SECTION ARE BUYER'S EXCLUSIVE REMEDY AND IS IN LIEU OF ALL OTHER WARRANTIES, COVENANTS OR REPRESENTATIONS. SELLER MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, WHICH EXTEND BEYOND THOSE SPECIFICALLY STATED IN THIS PARAGRAPH. THE IMPLIED WARRANTY OR FITNESS FOR A PARTICULAR PURPOSE IS HEREBY DISCLAIMED.
W arranties. 8.1 RIGHT QLIK warrants that:
8.1.1 for a period of 60 days from the Go-Live Date, the Software will function in all material respects with the electronic user documentation and the media on which the Software is provided will be free from defects in workmanship and materials when properly used in accordance with this Agreement; and
8.1.2 it has tested for viruses in the Software using commercially available virus checking software, consistent with current industry practice.
8.2 If during the warranty period RIGHT QLIK receives written notice from you of any breach of the warranties given in clause 8.1 , together with any information as may be reasonably necessary to assist RIGHT QLIK in resolving the breach, then RIGHT QLIK shall at its own expense and within a reasonable time (i) remedy the breach in question by repair or replacing the Software or any part; or (ii) advise how to achieve substantially the same functionality as described in the electronic user documentation through a different procedure from that set out in the electronic user documentation; or (iii) refund the licence fee paid for the relevant Software product or module provided you delete and return all copies of the Software.
8.3 The warranties in clause 8.1 shall not apply if the Software:
8.3.1 has been altered by any person other than RIGHT QLIK;
8.3.2 is used in combination with any software or materials not supplied or approved by RIGHT QLIK; or
8.3.3 is not used in accordance with the accompanying electronic user documentation; or
8.3.4 is used in a manner for which it was not intended or other than as permitted by this Agreement; or
8.3.5 is a Third Party Product.
8.4 RIGHT QLIK further represents and warrants that:
8.4.1 it possesses the full power and authority to enter into and perform its obligations under this Agreement;
8.4.2 it has obtained consent from third parties as are required for it to fulfil its obligations under this Agreement;
8.4.3 it shall provide the Services in accordance with generally accepted industry standards;
8.4.4 it shall take reasonable measures to ensure that all Services provided to you under this Agreement comply with all applicable laws and regulations in England.
8.5 You acknowledge that:
8.5.1 it is your own responsibility to ensure that the Software meets your requirements and that RIGHT QLIK does not warrant that it shall be suitable for your requirements;
8.5.2 Software in general is not error free and that the existence of such errors in th...
W arranties. Rieker warrants that all services performed under this Agreement shall be performed by qualified personnel with the proper skill, training, and experience so as to be able to perform competently and in a manner consistent with good practice in its industry and that all work shall be performed in accordance with this Agreement. Customer represents and warrants that it: (a) will not use the Services, Rieker Materials, or the Hardware, in any manner which is in violation of any laws, governmental regulations or tariffs or allow end users to do so; and (b) Customer shall not, directly or indirectly, re-license or sell the Services or Hardware or modify, translate, reverse engineer, decompile or create derivative works based upon the Services or Hardware.
W arranties. 20.1 Each of Xxxx Digital Pty Ltd and the Client warrants that it is legally entitled to enter into this Agreement; that the performance of its obligations under this Agreement will not in any way constitute an infringement of any other person’s rights including the intellectual property rights of any third party; that the persons signing or accepting this Agreement on behalf of it are duly authorised to do so; and furthermore that its entry into and performance of this Agreement does not and will not violate any agreement to which it is a party or is binding on it.
20.2 Each party's undertakings set out in this Agreement shall be the full extent of its obligation to the other party concerning its performance or non-performance under this Agreement. Accordingly, except as aforesaid, all warranties, conditions or representations, expressed, implied, statutory or otherwise and whether arising under this Agreement or under any prior agreement or in oral or written statements made by or on behalf of either party in the course of negotiations with the other party or its representatives are hereby excluded, insofar as the same are capable of exclusion by law.
20.3 Save as expressly provided for in this Agreement, no warranty, condition, undertaking, term, or otherwise is given or to be implied as to the suitability of any services supplied or software developed or supplied by Xxxx Digital Pty Ltd for the Client for any particular purpose including compliance with any legal obligation to which the Client may be subject, or for use under any specific conditions, notwithstanding that any such purpose or conditions may be known or made known to Xxxx Digital Pty Ltd and all such warranties, conditions, undertakings and terms are hereby expressly excluded.
W arranties. Authorized Representative. Customer and 42Gears warrant that each has the right to enter into this Agreement and that the Agreement shall be executed by an authorized representative of each entity. 42Gears’s warranty. 42Gears hereby warrants that to its knowledge it has the necessary rights and title to provide the Software to the Customer. Customer’s warranty. Customer hereby warrants that it has the necessary rights to share and upload all Customer data shared with the 42Gears or uploaded into the Software. Customer data shall mean any materials or data provided by Customer to 42Gears pursuant to this Agreement, including information or data that is uploaded into the Software. 42Gears may store Customer data solely for storage, retrieval, backup purposes.
