Warranties and Claims. TO THE EXTENT PERMITTED BY LAW, ALL CONDITIONS, WARRANTIES OR OBLIGAIONS WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, INCLUDING SPECIFICALLY ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXCLUDED AND THE PROVISIONS OF THE AGREEMENT SHALL APPLY IN LIEU THEREOF.
11.1. The Seller warrants that Products delivered in accordance with the Agreement meet the Seller's standard specification for the Products or such other specifications as have been expressly agreed between the Seller and the Buyer and that the Products are adequately contained, packaged and labeled and conform to the premises and affirmations of fact made on the container and label.
11.2. The Buyer represents and declares that it is aware that the Products, by their very nature, are hazardous and shall apply the necessary professional and legal standards of diligence and the Seller's instructions regarding the use, handling, storage and maintenance of the Products. If any claim is brought subject to the conditions mentioned above, the Buyer must prove to the satisfaction of the Seller that the Buyer applied said standards and instructions.
11.3. This warranty is specifically made and limited to Buyer in respect of the Products actually manufactured by Seller, and in respect of other Products sold, but not manufactured, by Seller, to the extent of the liability assumed by Seller's supplier. No warranty is made to any other person, firm or company, whether subsequent Buyer or user, or to any bailee, licensee, assignee, employee, agent or otherwise.
11.4. Buyer must determine for itself, by preliminary tests or otherwise, the suitability of the Products for Buyer's purpose and the substances present or not present in the Products. Seller warrants only that the Products shall meet the specifications identified in Purchase Order.
11.5. Seller makes no other warranty, express or implied, except as expressly provided herein. In furtherance, and not in limitation, of the foregoing, Seller makes no warranty that the Products are merchantable or fit for any particular purpose, or with respect to freedom from infringement of any patent and/or copyright resulting from Buyer’s use of products or Seller’s information.
Warranties and Claims. (i) Within the two-year period prior to the date hereof, no material recalls, reworks (except in respect of cannabis potency labelling), withdrawals, or post-sale warnings of any Product, have been required or suggested by the Company, or any provided to the Company by a Governmental Entity with respect to such Products and, to the knowledge of the Company, no facts or circumstances exist that could reasonably be expected to result in any such recall or withdrawal.
(ii) Except in the Ordinary Course, the Company has not made any material product warranty or liability claim or court proceeding (or claim in the nature thereof) in connection with the Products against any supplier within two years prior to the date hereof which claim or proceeding remains outstanding.
(iii) Except in the Ordinary Course, the Company has not received any material product warranty or liability claim or court proceeding (or claim in the nature thereof) in connection with the Products from any customer within two years prior to the date hereof which claim or proceeding remains outstanding.
Warranties and Claims. 1. Party A warrants that the products, when shipped in containers and are not grouped with other products, are in good physical condition and free of defects and damages when received by Party B. Any defective products or products damaged during shipment will be replaced and shipped to the delivery destination by Party A. For shipment of small quantities, which will be shipped in grouping with other products, Party A will not be responsible for damages of products caused due to grouping with other products.
2. Party B shall inspect the products when receiving the products and report any defects or damages within 14 days after receiving the shipment.
3. If there is any quality problem appears in the products, Party A shall be liable for paying compensation for replacing the products, with the same quantity and quality to Party B. Party A will not be responsible for other unrelated fees.
Warranties and Claims. 12.1. OT warrants to Distributor that the Products and Components supplied to the Distributor hereunder will be free of defect in materials or workmanship(“PRODUCT/COMPONENT WARRANTY”). If the Distributor provides a warranty to its customers and/or end-users other than the aforesaid warranty (or the translated version thereof) or any other warranties that are not approved in writing and in advance by OT (the “DISTRIBUTOR WARRANTY”), OT shall not be liable to the Distributor or any other person for any damage or loss of whatsoever nature resulted from such Distributor Warranty and the Distributor will assume full liability and indemnify and save OT harmless against any and all loss, damage or expense of any kind arising out of any claim made against OT by any person, which is based on a breach of such Distributor Warranty.
12.2. The Distributor shall give OT written notice of breaches of the Product/Component Warranty as soon as practicable after the Distributor has learned of the facts giving rise to such breaches.
Warranties and Claims. Schedule 3.16 accurately describes all warranty, sales return or allowance and similar policies related to the Business. No failure on the part of the Seller to perform any work in accordance with all plans and specifications or in a good and xxxxxxx-like fashion will result in any loss, damage, liability, cost or expense to the Buyer. None of the Seller Parties has received any notice or are otherwise aware of any claim by any customer or any other person or entity against the Seller based in any way on or related to any theory of product liability, any product defect or unresolved claim or problem with respect to any of goods or services provided by the Seller.
Warranties and Claims. (a) Seller warrants that the Products when delivered shall comply with standards and limitations set forth in the Limited Warranty attached hereto as Exhibit “A”.
(b) Purchaser shall within five (5) working days after its receipt of the Products, and in any event no later than thirty (30) days from the shipping date, give written notice to Seller of any claim that the Products do not conform with the terms of the order or have material defects which a casual inspection would disclose. If Purchaser fails to give such notice, the Products shall be deemed to conform with the terms of the order, and Purchaser shall be deemed to have accepted and shall pay for the Products in accordance with the terms of this order. Purchaser expressly waives any right Purchaser may have to revoke acceptance or claim a breach of warranty with respect to such obvious or material defects, a casual inspection should have disclosed after such five-day period.
Warranties and Claims. Seller warrants that (a) the Product sold hereunder will conform to the description herein set forth, within the tolerances of Buyer's specifications as described herein; (b) such Product will not be defective in material or workmanship; (c) the title to such Product which Seller will convey the Buyer will be good and marketable; (d) the transfer of such Product by Seller to Buyer will be rightful and (e) such Product will be delivered free from any security interest or other lien or encumbrance created by, or otherwise arising out of acts or omissions of Seller. In the event of a breach of any warranty by Seller given hereby as to the Product herein Seller shall be notified thereof by Buyer promptly after discovery thereof and in any event within 90 days after receipt of such Product by Buyer or in case of any breach which cannot reasonable be detected by Buyer within 10 days after such detection, and in any event within one year after receipt of such Product by Buyer. If such breach has occurred, and such timely notice has been given, Seller will, at Buyer's option, repair or replace such Product or refund or appropriately adjust the purchase price thereof, or, in the case of a breach in warranties (c), (d), or (e) above, take other appropriate action to remedy such breach; disposition of such Product to be repaired or replaced or as to which a refund is to be made shall be pursuant to Buyer's directions and at Seller's expense, Seller will be given a reasonable opportunity to investigate all claims and Buyer will cooperate in any such investigation.
Warranties and Claims. 12.1. Subject to clause 12.5, here no manufacturer’s guarantee is provided for any Goods, Company warrants that the Goods will be free from material defects in design, material and workmanship and conform in all material respects with their description at the time of Delivery and be fit for any purpose expressly held out by Company for 12 months from the date of Delivery in the case of wood floor products and for the earlier of any “use by” or “best before” date stated on the packaging, labelling or any documentation supplied with any non-wood floor products.
12.2. Save as specified above in clause 12.1 , all warranties, conditions or other terms implied in or by law (inclusive of those implied by sections 13 -15 of the Sale of Goods Act 1979 are excluded to the fullest extent legally permitted.
12.3. Company shall not be liable for any failure to comply with the warranty in clause 12.1 where (a) Buyer has sold, used, or installed Goods (where such sale, use, or installation shall be taken as conclusive evidence that Buyer has accepted Goods notwithstanding that there is a defect in the quality or condition of Goods or that they fail to correspond with the specification); (b) where defects in the Goods have resulted because Buyer has not followed Company’s or manufacturers’ usage instructions or guidelines regarding storage, installation, use, protection and maintenance of, if there are no such instructions or guidelines, all reasonable practices; (c) where the Goods are Bespoke Goods or Buyer has requested Company to comply with a special instruction; (d) Buyer or any third party alters or repairs any Goods; (e) the defect arises as a result of fair wear and tear, wilful damage, negligence, abnormal environmental or storage conditions, or accident attributable to Buyer or any third party; in such circumstances, Xxxxx waives the right to make any claim against Company.
12.4. Subject to clause 12.3 above, any claim by Buyer based on any visible defect in the quality or condition of Goods or their failure to correspond with the specification shall be notified in writing to Company within 7 (seven) days from the date of Delivery. Any other claim shall be notified to Company during the warranty periods set out in clause 12.1 or at the latest within 30 days of the end of such warranty periods on condition that, where requested, the Goods have been sent back to Company at Buyer’s expense and Company has been given a reasonable opportunity of inspecting the Goods...
Warranties and Claims. 25 2.10 Litigation.............................................25 2.11
Warranties and Claims. Other than as set forth in the standard form of warranties, or the extensions made to such warranties, set forth in Section 2.9(a) of the Disclosure Schedule, Seller has not made any written or other binding warranty or representation with respect to any of the Products. Section 2.9(b) of the Disclosure Schedule sets forth the open and closed customer call reports relating to the Products as of August 22, 2001. Other than as set forth in Section 2.9(b) of the Disclosure Schedule, from January 1, 2000 through August 22, 2001, Seller, to its knowledge, has not received written notice of any warranty claim relating to the manufacture, sale or support of the Products that is reasonably likely to have a Product Material Adverse Effect.
