Common use of Warranties and Guarantees Clause in Contracts

Warranties and Guarantees. Service Provider warrants that all Services will: (a) be of good quality; (b) conform to the requirements of this Agreement and Customer’s specifications; (c) be free from defects in workmanship; and (d) be performed by qualified and competent personnel in a professional manner using the highest standards of quality and workmanship. Service Provider will obtain from subcontractors, for Customer’s benefit, all available warranties and guarantees with respect to workmanship furnished. If a subcontractor seeks to defend on grounds that Service Provider committed error, Customer may enforce this warranty against Service Provider and Service Provider will resolve all such issues with the subcontractor. This warranty will survive Customer’s acceptance of Services. Service Provider further represents that (i) it has the full legal capacity to enter into this Agreement and to perform its obligations under it, and has taken all action necessary to authorize such execution and delivery and the performance of such obligations; (ii) the Agreement constitutes a legal, valid, and binding obligation, enforceable against it in accordance with the terms of the Agreement; and (iii) the execution and delivery of the Agreement and the performance of the obligations under it do not and will not conflict with any applicable laws or violate any provision of Service Provider's constitutional documents.