WARRANTIES/GUARANTEES. 13.1 The Company guarantees that:
(a) The Works will conform to the Statement of Work; and
(b) Subject to clause 14.3 the Goods will be free from material defects at the time of installation and for the period contained in the Manufacturer’s Warranty (“Warranty Period”).
13.2 The Company guarantees that it will repair or make good any defects in its Workmanship arising within one year following completion of the Services for which the defect is claimed, (“Workmanship Guarantee”). This Workmanship Guarantee is subject to the following conditions:
(a) The Workmanship Guarantee does not apply to the Goods provided (for which the Customer acknowledges clause 13.1 of this agreement applies):
(b) The Company’s liability in respect of all claims arising from the Workmanship Guarantee will be limited to the labour value of the Workmanship;
(c) The Workmanship Guarantee does not cover any occurrence which would normally be covered by public liability insurance or any other form of insurance;
(d) The Workmanship Guarantee does not apply where alterations or repairs are made by the Customer or any third party to the Works without the knowledge and prior written consent of the Company (and without the Company first having the opportunity to remedy the same to its satisfaction);
(e) The benefit of the Workmanship Guarantee is not assignable by the Customer to any other person
(f) The Workmanship Guarantee does not apply for so long as the Works have not been completed in full or the Customer is in default in relation to any payment owing to the Company; and
(g) The Workmanship Guarantee does not apply to any appliance service repair work;
(h) The Workmanship Guarantee does not cover any loss or damage caused by the matters listed in clauses 14.3(c) to 14.3(k) (inclusive);
(i) The Workmanship Guarantee does not cover any indirect, special, incidental or consequential loss or damage, however caused; and The Company is not liable to carry out any remedial work under the Workmanship Guarantee unless they receive written notice from the Customer of the claim within seven days after discovery of the defect.
WARRANTIES/GUARANTEES. Where Contractor or Product manufacturer/developer generally offers additional or more advantageous warranties than set forth below, Contractor shall offer or pass through any such warranties to Authorized Users. Contractor hereby warrants and represents:
a. Product Performance Products delivered pursuant to this Contract conform to the specifications, performance standards and documentation, and the documentation fully describes the proper procedure for using the Products.
WARRANTIES/GUARANTEES a) The Contractor warrants and guarantees that all equipment and systems shall be installed in accordance with the Contract Documents in a xxxxxxx-like manner as specified herein.
b) At any time during or after installation Contractor shall repair and replace immediately any and all Work together with any adjacent work which may be displaced by so doing, that may be defective in material, installation, or workmanship.
c) Contractor warrants and guarantees all equipment and systems furnished or installed by Contractor for a period of from the date of acceptance, or for such longer warranty periods as may be accorded by the manufacturer thereof or law against defective materials, design and workmanship.
d) In the event Contractor fails to initiate corrective measures within ten (10) days after being notified in writing by the Owner and complete such corrections promptly therefore, the Owner is authorized to proceed to have said defect repaired and Contractor shall pay all costs and charges therefore upon demand.
e) With regard to any warranties to be furnished for the work, services, equipment or materials under this Contract, Owner shall not be obligated to waive any express or implied warranties as a condition to accepting the written warranty to be provided.
WARRANTIES/GUARANTEES. 5.1. The Customer warrants that it shall not use PosoMoney services to commit any offence(s) in contravention of any existing laws within the Republic of Botswana and/ or applicable to the Republic of Botswana and BotswanaPost. 5.2. BotswanaPost warrants that it shall not sell, rent or provide any Customer’s personal information to unauthorized entities or third parties for their independent use without the Customer’s consent.
WARRANTIES/GUARANTEES. Interconnection Customer shall obtain warranties or guarantees from equipment manufacturers for facilities and equipment and from construction contractors for construction activities that authorize Transmission Provider to invoke such warranties and guaranties and require the manufacturers to replace and/or repair the facilities and equipment identified in Appendix A-1. Interconnection Customer shall use Reasonable Efforts to ensure that the warranties and guarantees are in a form acceptable to Transmission Provider, such acceptance not to be unreasonably withheld. Interconnection Customer shall have no obligation for breach of warranty under this Article 5.3.4A to the extent that any deficiencies are exclusively the result of Force Majeure, normal wear and tear, misuse or negligence by Transmission Provider or any agent of Transmission Provider acting on Transmission Provider’s behalf.
WARRANTIES/GUARANTEES. SELLER warrants that the GOODS and/or SERVICES furnished are fit for the use intended and shall be free from liens and defects in design, material, workmanship, and title, and shall conform in all respects to the terms of these T&C and to the applicable drawings issued for manufacture, and shall be new and of the best quality, if no quality is specified.
WARRANTIES/GUARANTEES. Lessee acknowledges that it has selected the Equipment financed under this Lease and that Lessor is not the manufacturer or dealer in the Equipment herein leased. As Lessor is not the manufacturer or dealer in the Equipment, Lessor makes, and has made, no representations or warranties whatsoever as to the existence or availability of warranties by the vendor of any item(s) of Equipment. Lessor hereby assigns to each Lessee for and during the lease term all manufacturers' warranties or guarantees, expressed or implied, issued on or applicable to the Equipment acquired by that Lessee, if any. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OR FITNESS FOR USE OF THE EQUIPMENT, OR ANY OTHER WARRANTY WITH RESPECT THERETO. IN NO EVENT SHALL LESSOR BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE IN CONNECTION WITH OR ARISING OUT OF THIS LEASE OR THE EXISTENCE, FURNISHING, FUNCTIONING OR LESSEES' USE OF ANY ITEM(S) OF EQUIPMENT PROVIDED IN THIS LEASE. HOWEVER, LESSOR AGREES TO BE LIABLE FOR ANY LOSS TO PERSONAL PROPERTY OR INJURY TO PERSONS CAUSED BY THE NEGLIGENCE OF LESSOR.
WARRANTIES/GUARANTEES. Contractor warrants that the goods shall be new, free from liens and defects in design, materials, workmanship, and title, and shall conform in all respects to the terms of this Agreement and to the drawings issued for manufacture by Contractor, and shall be of the best quality, if no quality is specified. Unless the warranty period is otherwise extended, the warranty shall apply. If, within one year from the date of commercial operation for the purpose for which the goods were purchased, or 18 months from the date of final delivery, whichever comes first, it appears that the goods, or any part thereof, do not conform to these warranties, and MTS so notifies Contractor within a reasonable time after its discovery, Contractor shall thereupon promptly correct such nonconformity to the satisfaction of MTS, at Contractor's sole expense, failing which MTS may reject and cover by purchasing substitute goods or MTS may proceed to make corrections or accomplish Contractor's performance by the most expeditious means available, the costs of cover or correction shall be for Contractor's account.
WARRANTIES/GUARANTEES. County makes no warranty, guarantee, or averment of any nature whatsoever concerning the physical condition of the premises and any subsequent structures, and it is agreed that the County will not be responsible for any loss, damage, or costs which may be incurred by Lessee by reason of any such physical condition.
WARRANTIES/GUARANTEES. 8.1 In addition to any statutory warranty to which a CPA Customer may be entitled, LEAD provides to the Customer Specified Warranties, which differ, depending on the type of Goods sold by LEAD to the Customer.
8.2 In respect of Goods supplied for domestic /single household usage: customers are afforded a Warranty which is limited to the supply of parts only. Warranties are applicable only in cases where any work (including without limitation to installation and commissioning) is carried out on the Goods by a suitably qualified employee of LEAD or its authorised agent. Any parts supplied to the Customer under the Warranty, shall be subject to the Customer returning the defective part to LEAD. Parts that are faulty due to customer negligence, abuse, misuse etc. will be charged for. All travel (limited to a 50km radius), call out and labour charges shall be included in such Warranty, as described above, being within the relevant time period for the Specified Warranty, as described in 8.4 below.
8.3 Unless otherwise agreed to in the Order, the specified Warranties, will remain in effect from date of delivery of the Goods for the period of the specified Warranty.
8.4 The relevant time periods for the specified Warranties are as follows: Speedqueen 1 to 2 Years + additional period as specified in brochures/product manuals
8.5 The specified Warranties do not apply, and LEAD shall not be liable to the Customer, in the following circumstances: -
8.5.1 where the recommended service and maintenance procedures are not followed;
8.5.2 for any damage to or malfunction of the Goods arising from any cause whatsoever (other than as a result of a defect in material or workmanship of the Goods or the gross negligence of LEAD) including, but not limited to:
8.5.2.1 customer negligence and willful damage;
8.5.2.2 abuse of the Goods;
8.5.2.3 misuse of the Goods (domestic single household use only);
8.5.2.4 failure to use the Goods in accordance with the Instructions;
8.5.2.5 improper installation of the Goods;
8.5.2.6 transportation damage to the Goods after delivery of the Goods to the Customer;
8.5.3 For any damage to clothing or the Goods caused by foreign objects placed in the Goods;
8.5.4 for any consequential damages of the Customer arising from any defect in material or workmanship or any malfunction of the Goods other than as provided for in the CPA;
8.5.5 If the serial number on the Goods have been removed;
8.6 Any service under the specified Warranties shall only be c...
