Warranties for Goods. All manufacturer warranties and guaranties of goods provided pursuant to this Agreement shall inure to the benefit of NBU. Vendor shall warrant all work free of defects in materials and workmanship for a period of five (5) years from the date of final acceptance of all work. Vendor shall, within 30 calendar days after receipt of written notice, repair defects in materials and workmanship that may develop during said five (5) years period, and any damage to other work caused by such defects or the repairing of same, at Vendor’s expense, in a manner acceptable to NBU. Vendor shall provide NBU the full original equipment manufacturer (“OEM”) warranties and guaranties provided by the OEM for all Services and goods under this Agreement free of all liens, claims, and encumbrances. For example, if an OEM offers full replacement of a warranted product at no charge to the Vendor, then Vendor shall replace such item and shall not charge NBU for such replacement.
Warranties for Goods. To the extent Supplier is supplying Goods in connection with the performance of the Services, Supplier’s shipment of Goods will be F.O.B., place of destination (as defined by 6 Del. C. §2-319) listed on Company’s Purchase Order. Supplier warrants that, from the date of tender of delivery of the Goods and for a period of four
Warranties for Goods. To the extent Supplier is supplying Goods in connection with the performance of the Services, Supplier’s shipment of Goods will be F.O.B., place of destination (as defined by 6 Del. C. §2-319) listed on Company’s Purchase Order. Supplier warrants that, from the date of tender of delivery of the Goods and for a period of four (4) years thereafter, all Goods: (i) shall be merchantable and free from defects in materials, design and workmanship (whether or not approved by Company); (ii) shall conform to all applicable descriptions, specifications, drawings, plans, instructions, data, samples and models, including those provided by Supplier after contract formation; (iii) shall be fit for the particular purpose(s) for which the Goods are required, and Supplier acknowledges that Company is relying on Supplier’s skill or judgment to furnish suitable Goods; (iv) shall be composed of all new components; (v) shall be free and clear of all liens, encumbrances and any actual or claimed patent, copyright or trademark infringement or other colorable claims; and (vi) shall be manufactured and sold in compliance with all applicable federal, state and local laws, regulations or orders and trade standards applicable to the Goods. Such warranties explicitly extend to future performance of the Goods. These warranties are in addition to all other warranties, express, implied or statutory, which may be applicable. Limitations on Company’s remedies or disclaimers of warranties in Supplier’s documents, or otherwise, will not be effective and are hereby objected to and rejected. All warranties and other provisions of this Section will survive inspection or acceptance of, payment for and use of the Goods and expiration, termination or cancellation of this Contract and will run to Company, its customers, successors and assigns and to users of the Goods. This transaction will be governed by the Uniform Commercial Code, latest revision, as enacted by Delaware, including all warranty protections, express or implied, and all buyer remedies set forth therein. In addition to remedies otherwise available to Company, if Supplier is in breach of the warranties set out in this Section, Supplier will, at the election of Company and upon notice from Company, and at Supplier’s sole cost (including any relevant transportation and labor costs), either redesign, repair or replace (including, if applicable, reinstall) the Goods or re-perform the related services to Company’s satisfaction, prior to t...
Warranties for Goods. In so far as any warranty given under this Agreement relates to the Delivery of Goods, that warranty must:
(a) be valid for 12 months or the period of the manufacturer’s standard warranty, whichever is longer; and
(b) commence on:
(i) acceptance of the Goods by Digicel in accordance with any acceptance testing procedures; or
(ii) the day upon which Digicel receives the Goods (if there are no acceptance testing procedures).
Warranties for Goods. Supplier represents, warrants and covenants to Buyer that for a period of 12 months after the Delivery Date, all Goods will: (i) be free from any defects in workmanship, material, and design; (ii) comply with all laws, regulations, guidelines, policies, requirements as required under applicable laws or by the relevant authorities in the relevant jurisdictions where the Goods are intended to be used; (iii) conform to applicable specifications, drawings, designs, samples, and other requirements specified by Buyer; (iv) be fit for their intended purpose and operate as intended; (v) be merchantable; (vi) be free and clear of all liens, security interests, or other encumbrances; (vii) if applicable, will have (1) at least eight months remaining prior to any suggested expiration or “use by” date and (2) at least 75% of the original shelf life; (viii) have been manufactured in compliance with current Good Manufacturing Practices at facilities that were, at the time of manufacture, in compliance with all applicable laws and (ix) not be adulterated or misbranded within the meaning of the FDCA or applicable law, and not be an article which may not be introduced into interstate commerce; (x)not infringe or misappropriate any third party’s patent or other intellectual property rights. These warranties are cumulative and in addition to any other warranty provided by law or in equity.
