Warranties of Seller. With respect to each Transaction, Seller represents and warrants to Buyer on the Trade Date for each Product that such Product complies with any Applicable Program for which the Product is specified as so complying in the Product Order, and on the Delivery Date for each Product that: (i) Seller has good and marketable title to such Product; (ii) Seller has not sold the Product or any Environmental Attribute of the Product to be transferred to Buyer to any other person or entity;
Warranties of Seller. With respect to each Transaction, Seller represents and warrants to Buyer on the Trade Date for each Product that such Product complies with any Applicable Program for which the Product is specified as so complying in the Product Order, and on the Delivery Date for each Product that: (i) Seller has good and marketable title to such Product; (ii) Seller has not sold the Product or any Environmental Attribute of the Product to be transferred to Buyer to any other person or entity; (iii) all right, title and interest in and to such Product are free and clear of any liens, taxes, claims, security interests or other encumbrances except for any right or interest by any entity claiming through Buyer; (iv) each Environmental Attribute and REC meets the specifications set forth in the Product Order; (v) the Product is separate from the electric energy generated by the Renewable Energy Facility, unless otherwise specified by the Parties; (vi) only if specified in the Product Order as Regulatorily Continuing, that such Product complies with any Applicable Program for which the Product is specified as so complying and being Regulatorily Continuing through and up to the Delivery Date, (vii) unless separately disclosed to Buyer, with respect to Seller, the Product is not transferred, and has not been transferred pursuant to a contract filed or required to be filed with or approved by any Governmental Authority having jurisdiction over the sale of electric energy; and (viii) subject to Section 2.8 and unless otherwise specified to the contrary on the Product Order, Seller has disclosed to Buyer any and all Transfer Certificates, Attestations, Disclosure Documents, all other relevant documentation received by it in connection with its acquisition of the Product sold to Buyer hereunder, and any use by any Environmental Attribute of the Product by Seller or any other person or entity to comply with any Applicable Program. Seller makes no claims respecting Verification that are not set forth in the Product Order.
Warranties of Seller. 9.1 Seller expressly warrants that all Products and Services (a) conform to the Purchase Order, Specifications, drawings, samples, and descriptions furnished to, specified by, or approved by the Buyer, (b) are merchantable, of good material and workmanship, and free from defect in materials and design (to the extent the design is provided by Seller, its subcontractors, Sellers, or agents, even if the design is approved by Buyer), (c) conform to all applicable Laws, (d) are fit for the particular purpose set forth in the Specifications, and (e) are free of all liens, claims, defects in title, and encumbrances, including claims of Intellectual Property infringement. In carrying out any Services, Seller will ensure that the best technical practices, skills, procedures, care, and judgment will be employed.
9.2 Buyer is relying upon the expertise of Seller in the selection, manufacture and integration of the Products or Services. If Seller is aware that the Products or Services are not appropriate for the use intended by Buyer or that the Specifications will result in less than optimal performance of the Products or Services, Seller shall immediately notify Buyer. Seller shall also notify Buyer if the location or environment of the Products or Services within the vehicle or product will affect their performance or if anything (different than that called out in the Specifications) is necessary for the Products to perform for the intended use.
9.3 All Products and Services are subject to Buyer's inspection. Payment for, inspection of, or receipt of, Products or Services will not constitute acceptance of the Products or Services or a waiver of any breach of warranty. All warranties contained in this Contract run, and all remedies shall be available to, Buyer, its Affiliates, and their customers and all such warranties will survive any delivery, inspection, acceptance, or payment by Buyer. Seller hereby waives the objection of delayed of notification of defects.
9.4 If Products have the ability to connect to the internet or other network, the following additional terms apply to the Products. Seller warrants that the Products are equipped with reasonable security features that are designed to protect the Products against unauthorized access to or modification of the Product and any information collected, contained or transmitted by the Product (“Data”), including:
(a) Pre-programmed unique passwords or requiring end users to change the default username and set a new...
Warranties of Seller. ▪ Seller expressly warrants that all goods or services covered by the Purchase Order
(i) conform to the Purchase Order, specifications, drawings, samples, and descriptions furnished to or by the Buyer, (ii) are merchantable, of good material and workmanship, and free from defect, and (iii) are fit and sufficient for the particular purpose intended by Xxxxx. If Seller has participated in the design of the item or approved the design, Seller also warrants that the items are free from defects in design. ▪ Unless stated otherwise on the Purchase Order, Seller warrants that the goods will be free of any defects for a period of 60 months after delivery. ▪ Buyer is relying upon the expertise of Seller in the selection, manufacture and integration of the goods or services. If Seller is aware, is made aware or becomes aware that the goods or services are not appropriate for the use intended by Buyer or that the specifications given to Seller by Buyer or Buyer’s Customer will result in less than optimal performance of the goods or services, Seller shall immediately notify Buyer. Seller shall also notify Buyer if the location or environment of the goods or services within the vehicle or product will affect their performance or if anything (different than that called out in the prints or specifications) is necessary for the goods to perform for the intended use. ▪ All goods and services are subject to Buyer's inspection. Payment for, inspection of, or receipt of goods or services will not constitute acceptance of the goods or a waiver of any breach of warranty.
Warranties of Seller. Seller expressly warrants that all goods or services covered by this Purchase Order (i) conform to the Purchase Order, specifications, drawings, samples, and descriptions furnished to or by the Buyer, (ii) are merchantable, of good material and workmanship, and free from defect, and (iii) are fit and sufficient for the particular purpose intended by Buyer. If Seller has participated in the design of the item or approved the design, Seller also warrants that the items are free from defects in design. Buyer is relying upon the expertise of Seller in the selection, manufacture and integration of the goods or services. If Seller is aware, is made aware or becomes aware that the goods or services are not appropriate for the use intended by Buyer or that the specifications given to Seller by Buyer or Buyer’s Customer will result in less than optimal performance of the goods or services, Seller shall immediately notify Buyer. Seller shall also notify Buyer if the location or environment of the goods or services within the vehicle or product will affect their performance or if anything (different than that called out in the prints or specifications) is necessary for the goods to perform for the intended use. All goods and services are subject to Buyer's inspection. Payment for, inspection of, or receipt of goods or services will not constitute acceptance of the goods or services or a waiver of any breach of warranty.
Warranties of Seller. Seller makes the following warranties to Buyer, with the intent that Buyer rely thereon:
Warranties of Seller. Seller represents and warrants to Buyer that:
Warranties of Seller. Seller represents and warrants to Buyer as follows:
(a) It has not entered into any other contracts to sell, mortgage, or assign the Assets.
(b) As of the date of closing, the Assets shall be free and clear of all liens, encumbrances, chattel mortgages or conditional sales contracts.
(c) It has taken all corporate action, and other legally required action, including permits and consents required by the governmental authorities in the jurisdiction where the Assets are situated, necessary to sell and transfer the Assets to Buyer and has received/obtained full corporate, legal, govern-mental and other necessary authority to do so.
Warranties of Seller. (a) SELLER EXTENDS TO PURCHASER THE ORDINARY AND CUSTOMARY WARRANTY OF FITNESS FOR PURPOSE, AS DESCRIBED IN AN ORDER, IN RESPECT OF EACH PRODUCT SOLD BY SELLER TO PURCHASER AS IF PURCHASER WERE A THIRD PARTY, BUT THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES.
(b) Seller warrants to Purchaser that the Products, at the time of delivery to Purchaser, will be free from any Encumbrances.
Warranties of Seller. Seller hereby represents and warrants to Purchaser that:
