WARRANTIES BY SELLER. 12.1 The UNIT is sold in accordance with the Sectional Title Plan with participation quota endorsed thereon and any modifications or alterations which may be made thereto from time to time in accordance with provisions of the ACT, and without any warranties, express or implied other than those imposed by any applicable national legislation;
12.2 The SELLER shall carry out such works and repairs as may be necessary to honor the terms and the conditions of the Standard Home Builders Warranty. See Annexure "E".
12.3 In order to implement the warranty referred to in Clause 12.2 above, the PURCHASER shall, subject to the provisions of Clauses 7.5 above, deliver to the SELLER a written list of alleged defects in the UNIT to be known as the Handover Form within 30 (thirty) days of the OCCUPATION DATE. Any defect contained in this list (hereinafter referred to as “the snag list”) for which the SELLER is liable to repair in terms of this agreement, shall be remedied by the SELLER within a reasonable period after receipt of the snag list. Should the PURCHASER fail to deliver a snag list to the SELLER timeously as aforesaid, then the PURCHASER shall be deemed to have accepted the UNIT free of any defects and the SELLER shall have no further responsibility in respect of any such defects save and except those defects that may be covered by the SELLER’S warranty as contained in Clauses 1 and 2 of Annexure “E” hereto and/or those imposed by any applicable national legislation.
12.4 Save as specifically set out in this agreement and/or those imposed by any applicable national legislation, the SELLER has made no representations and given no warranties in respect of the UNIT or the BUILDINGS or in respect of anything relating thereto.
12.5 More particularly, and notwithstanding the provisions of Clauses 12.1 and 12.2, the PURCHASER shall have no claim against the SELLER, including the cancellation of this agreement for any discrepancies other than those of a substantial nature between the building plans relating to the UNIT and the completed UNIT, nor shall the PURCHASER have any claim against the SELLER, should the actual levy be higher than the estimated levy.
12.6 Hairline cracks resulting from shrinkage of materials are not the responsibility of the SELLER.
12.7 The PURCHASER acknowledges that:
12.7.1 at the time of his signature hereto, the positions of electricity mini substations and meter kiosks in the DEVELOPMENT SCHEME may not have been determined;
12.7.2 an elect...
WARRANTIES BY SELLER. Seller warrants that it has, and will have when ownership passes to Buyer, clear and full title to all Goods furnished and that they are free of all liens, encumbrances, and security interests. Unless otherwise specified in writing by Buyer, Seller warrants to Buyer that all Goods provided by Seller will be new. In addition to all warranties prescribed by Law, Seller warrants to Buyer that: (a) all Goods (including any approved samples) will be of the best available quality, material, and workmanship and will conform to the requirements of this Agreement and the Order, all applicable Laws, and Buyer’s specifications, descriptions, and drawings; (b) Goods will be merchantable, fit for Buyer’s intended use, and free from defects in design, material, and workmanship; and (c) Goods will be capable of providing the functions and features described in the Order and in any relevant standard published by the manufacturers of Goods. Seller warrants that all Services provided by Seller will be performed by qualified and competent personnel in a professional manner using the highest standards of quality and workmanship.
WARRANTIES BY SELLER. Seller warrants that Seller shall maintain and repair the Property so that, at the earlier of possession or closing, except as provided in writing herein, the Property will be in the condition called for herein. Seller warrants that prior to closing, payment in full will have been made for all labor, materials, machinery, fixtures or tools furnished within 180 days immediately preceding closing in connection with the construction, alteration or repair of any structure on or improvement to the Property.
WARRANTIES BY SELLER. Seller hereby warrants to Buyer with respect to the Product that:
(a) It has good and marketable title to the Product shipped to Buyer hereunder;
(b) At the time of shipment to Buyer, the Product will meet Seller's then current specifications; and
(c) For Product sold as a food ingredients product, at the time of shipment to Buyer, the Product will not be adulterated or misbranded within the meaning of the United States Food, Drug and Cosmetic Act or any of the regulations thereunder. THE WARRANTIES SET FORTH IN THIS SECTION 5 ARE IN LIEU OF ANY AND ALL OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, AND WHETHER IN CONTRACT, TORT OR OTHERWISE SALE OF THE PRODUCT IS MADE ON THE UNDERSTANDING THAT THERE ARE NO EXPRESS OR IMPLIED WARRANTIES THAT THE PRODUCT DELIVERED HEREUNDER WILL BE MERCHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE.
WARRANTIES BY SELLER. Seller warrants that Seller has disclosed to Buyer and Broker(s) all material latent 164. defects and any information concerning the Premises known to Seller, excluding opinions of value, which 165. materially and adversely affect the consideration to be paid by Buyer. Prior to XXX, Seller warrants that 166. payment in full will have been made for all labor, professional services, materials, machinery, fixtures, or 167. tools furnished within the 150 days immediately preceding XXX in connection with the construction, 168. alteration, or repair of any structure on or improvement to the Premises.
WARRANTIES BY SELLER. In the event Buyer ultimately purchases the Leases and related property, Seller warrants that all the "Representations by Seller" contained in paragraph 12 of this Contract are true and in the event that it is ever determined a representation is not true, Seller will, at Buyer's election, either (1) take the necessary remedial action to make the situation consistent with Seller's representation plus pay to Buyer the difference between the Property as represented and the value of the Property once the problem is identified and remedied; or (2) pay to Buyer an amount equal to the cost of remedying the problem plus the difference between the Property as represented and the value of the Property once the problem is identified and remedied. In addition, Seller shall indemnify Buyer against all actual losses and damages sustained as a result of such breach of Seller's warranty. The terms of this paragraph shall survive closing and shall not merge with the assignment and xxxx of sale executed by Seller and delivered to Buyer at closing.
WARRANTIES BY SELLER. Due Organization
Section 2.01. Seller warrants to Buyer that it, Seller, is a corporation duly organized and existing under the General Corporation Law of the State of Maryland and that its powers as a corporation have never been and are not now suspended or limited in anyway. Title to Assets
Section 2.02. Seller warrants it will convey good and marketable title to Seller of the Asset covered by this contract. Seller further warrants that its title to its interest in the Asset is free and clear of any liens, encumbrances, or other defects except for an existing first mortgage. Authority to Sell
Section 2.03. Seller warrants and represents it has complied with all the requirements of the laws of the State of California relative to the sale of its interest in the Asset described in this contract and that the principal terms of the sale as set forth in this contract were duly approved by Seller's board of directors on October 19,
WARRANTIES BY SELLER. Seller hereby warrants and represents to Buyer that:
WARRANTIES BY SELLER. The Seller warrants to the Purchaser that all the assets classified as equipment, or furniture are being sold hereunder are in good working order or will be in good working order at the day of closing. The Seller agrees not to dispose of any assets classified as equipment or furniture of Chengde from the date of this Agreement to the date of closing. Further the Seller warrants to the Purchaser that the inventory and patents are free and clear of any debt or obligation as of the date of the closing of this agreement.
WARRANTIES BY SELLER. 6.1 Seller makes the following convents, representations, and warranties and acknowledges that Buyer's entering into this Contract has been made, and Buyer's acquisition of the Property will have been made, in material reliance on the part of Buyer on said covenants, representations and warranties:
6.1.1 Seller warrants that there are no restrictions on entrance to or exit from the property from the adjacent public streets:
6.1.2 There are not now, and as of the close of excrow there will not be, any violation of any law, ordinance, rule, or administrative or judicial order affecting the property, nor is there any condemnation, zoning change, or other proceeding or action (including legislative action) pending, threatened, or contemplated by any governmental body, authority, or agency that will in any way affect the size of, use of, improvements on, construction on, or access to the property.
6.1.3 Seller covenants and agrees that neither it nor, to the best of Seller's knowledge, neither Seller nor any other person, has ever caused or permitted any "Hazardous Material" (as hereinafter defined) to be placed, held, located or disposed of on, under or at the Property or any part thereof or into the atmosphere or any watercourse, body of water or wetlands, or any other real property legally or beneficially owned (or any interest or estate in which is owned) by Seller and none of the Property, any part thereof or any other real property legally or beneficially owned (or any interest or estate in which is owned) by Seller has ever been used (whether by Seller or by any other person) as treatment, storage or disposal (whether permanent or temporary) site for any Hazardous Material. For purposes of this Agreement, "Hazardous Material" means and includes any hazardous substance or any pollutant or contaminant defined as such in (or for purposes of the Comprehensive Environmental Response, Compensation and Liability Act, any so-called "Superfund" or "Superhien" law, the Toxic Substances Control Act or any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to, or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material as now or at any time hereafter in effect (collectively, the "Statutes"), or any other hazardous, toxic or dangerous waste, substance or material. Seller hereby agrees to defend, indemnify and hold harmless Buyer from and agains...
