Warranties and Performance. The Contractor warrants that it shall carry out the Services to the satisfaction of the University and in accordance with the provisions of the Contract. The Contractor shall use the standard of skill and care which is ordinarily exercised by experienced and competent contractors performing services of a similar nature to the Services. Where the Services include the provision of goods, materials or plant, the Contractor warrants that these shall be of merchantable quality and fit for their common or specified purposes. The University may at any time, subject to reasonable notice, inspect any part of the Services and/or premises of the Contractor in order to satisfy itself that the Contractor is able and continuing to comply with these warranties. Notwithstanding that the Services or any part thereof have been the subject of any instruction, review, approval, acknowledgement or inspection, the Contractor shall not be relieved from any liability or obligation under the Contract. If the University serves written notice advising the Contractor of any deficiency in the Services, which in the opinion of the University is attributable to the Contractor, the Contractor shall, without prejudice to the University’s other rights, promptly remedy the deficiency in the Services as required by the University. All costs of such remedy shall be borne by the Contractor. If the Contractor fails to remedy the deficiency promptly in accordance with the University’s written notice, the University may remedy or cause to be remedied any deficiency at the Contractor’s cost.
Warranties and Performance. Vendor, at a minimum, warrants that the goods and/or services to be provided by Vendor will be free of any material defects and will operate and conform to the specifications provided in all material aspects throughout the term of the Agreement. This warranty shall be in addition to any warranties provided in the Agreement. If ECS determines that the performance of the Contractor is unsatisfactory, ECS will notify the Contractor of the deficiency to be corrected. The Contractor shall provide ECS with a corrective action plan describing how the Contractor will address all issues of contract non-compliance. Correction(s) is to be made within a timeframe specified by ECS. If the Contractor fails to meet and comply with the deliverables established in this contract, ECS will prorate any payments pending and/or request a refund of payment in a proportionate amount equal to the goods/services not received. ECS, at its sole discretion, may offer the Contractor an extension for any listed task, timeline, or deliverable during which the indicated financial consequences shall not apply. Any payment made in reliance on the Contractor’s evidence of performance, which is subsequently determined to be erroneous, will be immediately due to the ECS as an overpayment.
Warranties and Performance. 1.1 The Supplier warrants that, with regards to Software:
a) it has full title to and/or the authority to grant licenses or sub-licenses (as appropriate) of the Software; and,
b) the Software will perform in all material respects in accordance with the Specification for a period of thirty (30) calendar days from the date of completion and acceptance of any relevant Services. The date of completion and acceptance will be determined in accordance with clauses 13 (Delivery) and 14 (Acceptance Procedures) and the Specifications on the relevant Agreed Order. If, within the warranty period specified above, the Customer notifies the Supplier in writing of any defect or fault in the Software in consequence of which it fails to conform in all material respects to the Specification, and such defect or fault does not result from the Customer, or anyone acting with the authority of the Customer, having amended the Software or used it outside the terms of this Agreement for a purpose or in a context other than the purpose or context for which it was designed or in combination with any other software not provided by the Supplier, or it has not been loaded onto Supplier-specified or suitably configured equipment, the Supplier shall, at the Supplier’s option, do one of the following:
i. repair the Software;
ii. replace the Software; or
iii. terminate the relevant Agreed Order immediately by notice in writing to the Customer and refund any of the Charges paid by the Customer as at the date of termination on return of the Software and all copies thereof, The Customer shall provide all the information that may be necessary to assist the Supplier in resolving the defect or fault, including a documented example of any defect or fault, or sufficient information to enable the Supplier to re-create the defect or fault. No warranty remedies apply to warranty claims not made within the applicable warranty period.
1.2 The Supplier and its software partners accept no liability for any failure of the Software to provide any facility or function or performance degradation as a result of any of the following (each a ‘Non-permitted Use’):
a) a modification to the Software code which has not been carried out by the Supplier or its software partners;
b) any use of the Software which is not permitted, not included or expressly excluded in the Specification and /or Documentation (and any approval shall be at the cost and expense of the Customer);
c) any combination of the Software with any s...
Warranties and Performance. 14.1 The Supplier’s Statement of Warranty should include all applicable manufacturers’ warranties and the Supplier’s warranty in regard to products, equipment, materials, and workmanship. This statement shall include the terms, conditions, and the period of warranty coverage.
14.2 The Supplier shall promptly correct all commodities, products and/or work rejected by the County as faulty, defective, or failing to conform to the Scope of Services. The Supplier shall bear all costs of correcting or replacing such rejected products and/or services.
14.3 The Supplier warrants that all commodities and or services shall be of the quality required by the County and in conformance with the manufacturer’s requirements, warranty, and standards. The Supplier shall provide commodities and or services that conform to the highest standards of the industry’s practices and/or services.
14.4 All commodities and/or services shall comply with any applicable federal, state, or local laws, rules or regulations governing the type of commodities and/or services provided through this Purchase Order.
Warranties and Performance. 3.1 The Supplier must perform the Services and provide the Goods in accordance with the terms of the Contract and in consideration of the payment of the Price by the Company.
3.2 The Supplier warrants to the Company that:
(a) the Supply will conform to the description in the Purchase Order and any instructions provided by the Company;
(b) the Supply will be of high merchantable quality and workmanship, in accordance with the Company’s specifications, and fit for any purpose held out by the Supplier;
(c) the Supply will be free from defects in design, materials and workmanship, and suitable for their relevant purpose, and remain so for the Warranty Period;
(d) the Supplier and its Personnel have the required experience, qualifications, permits, licences, authorisations and Work Clearances in connection with the Supply;
(e) the Supplier and its Personnel will comply with all clinical guidelines and infection prevention and management guidelines and requirements connected to the Supply;
(f) the Supply will be provided in a professional and workmanlike manner;
(g) it has good and marketable title to any Goods and the Company will receive title to those Goods free of any charge or encumbrance;
(h) it will obtain at its cost all usual trade warranties and any warranties specifically requested by the Company and that on completion of the Supply it will assign the benefit of any such unexpired warranties to the Company, including any warranties obtained from the Supplier’s Personnel;
(i) any Services will be performed with the standard of professional care, skill, expertise, judgment and diligence expected of a competent professional experienced in providing services which are similar to the Supply, and not cause any unreasonable nuisance or disruption to the Company;
(j) the Supply will comply with all applicable laws and Australian Standards governing the Supply, including Privacy Laws, Ethical Procurement Laws and WHS Laws;
(k) the Supplier will have and maintain all systems, policies, and procedures to ensure a safe working environment for its Personnel and will complete any site inductions reasonably required by the Company for the Supply; and
(l) in the case of any Goods, it will have spare parts and repairs available for a reasonable time after delivery.
3.3 The Supplier agrees to comply with any service levels and/or key performance indicators (KPIs) as set out in the Purchase Order and provide the Company with information and assistance reasonably require...
Warranties and Performance. 5.1 The Supplier warrants that, with regards to Software:
a. it has full title to and/or the authority to grant licenses or sub-licenses (as appropriate) of the Software; and,
b. the Software will perform in all material respects in accordance with the Specification for a period of thirty (30) calendar days from the date of completion and acceptance of any relevant Services. The date of completion and acceptance will be determined in accordance with clauses 13 (Delivery) and 14 (Acceptance Procedures) and the Specifications on the relevant Agreed Order. If, within the warranty period specified above, the Customer notifies the Supplier in writing of any defect or fault in the Software in consequence of which it fails to conform in all material respects to the Specification, and such defect or fault does not result from the Customer, or anyone acting with the authority of the Customer, having amended the Software or used it outside the terms of this Agreement for a purpose or in a context other than the purpose or context for which it was designed or in combination with any other software not provided by the Supplier, or it has not been loaded onto Supplier specified or suitably
i. repair the Software;
ii. replace the Software; or
iii. terminate the relevant Agreed Order immediately by notice in writing to the Customer and refund any of the Charges paid by the Customer as at the date of termination on return of the Software and all copies thereof,
5.2 The Supplier and its software partners accept no liability for any failure of the Software to provide any facility or function or performance degradation as a result of any of the following (each a ‘Non-permitted Use’):
a. a modification to the Software code which has not been carried out by the Supplier or its software partners;
b. any use of the Software which is not permitted, not included or expressly excluded in the Specification and /or Documentation (and any approval shall be at the cost and expense of the Customer);
c. any combination of the Software with any software or materials not supplied or approved by the Supplier or its software partners; or
d. any combination of the Software with any software or materials not supplied or approved by the Supplier or its software partners.
5.3 Save for the warranties set out above and any specific warranties given by the Supplier in an applicable Agreed Order, the Software, Services and/or Support Services are provided ‘as is’ and any and all other terms, conditi...
Warranties and Performance
