Warranty. Grantee warrants that all work under this Grant Agreement shall be completed in a manner consistent with standards under the terms of this Grant Agreement, in the applicable trade, profession, or industry; shall conform to or exceed the specifications set forth in the Grant Agreement; and all deliverables shall be fit for ordinary use, of good quality, and with no material defects. If System Agency, in its sole discretion, determines Grantee has failed to complete work timely or to perform satisfactorily under conditions required by this Grant Agreement, the System Agency may require Grantee, at its sole expense, to:
i. Repair or replace all defective or damaged work;
ii. Refund any payment Grantee received from System Agency for all defective or damaged work and, in conjunction therewith, require Grantee to accept the return of such work; and,
iii. Take necessary action to ensure that Xxxxxxx’s future performance and work conform to the Grant Agreement requirements.
Warranty. Supplier warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship. In addition, Supplier warrants the Equipment, Products, and Services are suitable for and will perform in accordance with the ordinary use for which they are intended. Supplier’s dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer’s warranty that extends beyond the expiration of the Supplier’s warranty will be passed on to the Participating Entity.
Warranty. Contractor expressly warrants that the goods covered by this Contract are 1) free of liens or encumbrances, 2) merchantable and good for the ordinary purposes for which they are used, and 3) fit for the particular purpose for which they are intended. Acceptance of this order shall constitute an agreement upon Contractor’s part to indemnify, defend and hold County and its indemnities as identified in paragraph “Z” below, and as more fully described in paragraph “Z,” harmless from liability, loss, damage and expense, including reasonable counsel fees, incurred or sustained by County by reason of the failure of the goods/services to conform to such warranties, faulty work performance, negligent or unlawful acts, and non-compliance with any applicable state or federal codes, ordinances, orders, or statutes, including the Occupational Safety and Health Act (OSHA) and the California Industrial Safety Act. Such remedies shall be in addition to any other remedies provided by law.
Warranty. Seller warrants that the Products sold by Seller to Purchaser conform to Seller’s specifications and are free from defects in material and workmanship. Unless otherwise specified by Seller in writing, this warranty extends for one year from the date of original purchase. All warranties apply only to the original Purchaser unless otherwise agreed by Seller in writing. Seller's sole obligation and Purchaser’s exclusive remedy for any justified claim under this warranty shall be limited to one of the following, at Seller’s sole discretion: (a) repair or replacement of the Product or (b) a credit for the price paid by the original Purchaser of the Product. This express warranty does not apply to, and no warranty remedy will be given for, Product issues resulting from: (a) accident, acts of nature, improper installation, improper assembly, unreasonable or improper use, lack of proper maintenance, unauthorized repairs or modifications, abuse, normal wear or tear of replaceable parts such as spouts and hoses, or other causes not directly arising from defects in materials or workmanship; (b) any Product damaged by the failure of the owner to use, maintain, or store the Product as specified in any applicable instructions and/or warnings provided by Seller or the manufacturer. EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, SELLER MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AGAINST INFRINGEMENT. IN THE EVENT WARRANTIES EXIST AT LAW THAT MAY NOT BE DISCLAIMED, PURCHASER AGREES THAT SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE ONE YEAR WARRANTY PERIOD AND TO THE REPLACEMENT VALUE OF THE PRODUCT.
Warranty. Performing Agency warrants that all Work under this Contract shall be completed in a manner consistent with standards under the terms of this Contract, in the applicable trade, profession, or industry; shall conform to or exceed the specifications set forth in the Contract; and all Deliverables shall be fit for ordinary use, of good quality, and with no material defects. If System Agency, in its sole discretion, determines Performing Agency has failed to complete Work timely or to perform satisfactorily under conditions required by this Contract, the System Agency may require Performing Agency, at its sole expense, to:
i. Repair or replace all defective or damaged Work;
ii. Refund any payment Performing Agency received from System Agency for all defective or damaged Work and, in conjunction therewith, require Performing Agency to accept the return of such Work; and,
iii. Take necessary action to ensure that Performing Agency’s future performance and Work conform to the Contract requirements.
Warranty. Subcontractor warrants to Client and Contractor that any and all materials and equipment furnished shall be new unless otherwise specified and that all Services provided under this Agreement will be performed, at a minimum, in accordance with industry standards. All work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The warranty provided in this Section shall be in addition to and not in limitation of any other warranty or remedy required by law or by the Prime Contract.
Warranty. Seller warrants that it has good title, free of encumbrances, to the Goods delivered hereunder. Seller further warrants that all Goods delivered hereunder shall (i) be free from defects in design, materials and workmanship; (ii) conform to the required specifications and all other requirements of these Terms of Purchase, (iii) be fit and sufficient for the purpose intended; and (iv) be free from “Counterfeit Work” as defined in Section 33 of these Terms of Purchase. If Seller is providing Services hereunder, Seller warrants that (i) the Services shall be provided with all due skill and in accordance with these Terms of Purchase and industry recommended standards and practices; and (ii) the personnel assigned to carry out the Services shall possess the necessary experience and training. Seller shall pass through any applicable manufacturer’s warranty to the benefit of Buyer. These warranties shall be in addition to all other warranties, express, implied or statutory. Payment for, inspection of, or receipt of Goods or Services shall not constitute a waiver by Buyer of any breach of warranty. The warranty for Goods commences on the later of the date Buyer takes physical possession of the Goods or the Goods have been installed by Seller and is valid for the longer of 12 months or the length of Seller’s or the manufacturer’s standard warranty period, and the warranty for Services commences on the day of completion of the Services and is valid for 12 months following completion of the Services. Notwithstanding the foregoing, Seller’s warranty for Goods or Services shall survive such 12 month period and any termination or expiration of these Terms of Purchase if Counterfeit Work, latent defects, fraud or misrepresentation on the part of Seller exists.. Seller shall be liable for and save Buyer harmless from any loss, damage or expense that Buyer may incur as a result of Seller’s breach of these warranties. Remedies shall include, at Buyer’s election and at Seller’s sole risk and expense, the prompt repair, replacement or reimbursement of the purchase price of the nonconforming goods and/or the prompt correction of the nonconforming services or reimbursement of the amounts paid for such services. Seller shall promptly comply with Xxxxx’s direction to repair, rework or replace the goods, furnish any material or parts and installation required to successfully correct the nonconformance.
Warranty. Each product purchased hereunder shall include a manufacturer’s written warranty, which must be based on commercial use, and extend for a minimum term of one (1) year from the date a Product is available for use by the purchaser, or such longer period as set forth in the written warranty.
Warranty. The Author warrants and represents that: (a) the Author has full right, power and authority to enter into and perform its obligations under this Agreement; and (b) the Author is the sole legal owner of (and/or has been fully authorised by any additional rights owner to grant) the rights licensed in the Clause "Rights Granted" and use of the Contribution shall in no way whatever infringe or violate any intellectual property or related rights (including any copyright, database right, moral right or trademark right) or any other right or interest of any third party subject only to the provisions in the Clause "The Author's Responsibilities" regarding Third Party Material (as defined above); and (c) the Contribution shall not contain anything that may cause religious or racial hatred or encourage terrorism or unlawful acts or be defamatory (or contain malicious falsehoods), or be otherwise actionable, including, but not limited to, any action related to any injury resulting from the use of any practice or formula disclosed in the Contribution and all of the purported facts contained in the Contribution are according to the current body of research and understanding true and accurate; and (d) there is no obligation of confidentiality owed in respect of any contents of the Contribution to any third party and the Contribution shall not contain anything which infringes or violates any trade secret, right of privacy or publicity or any other personal or human right or the processing or publication of which could breach applicable data protection law and that informed consent to publish has been obtained for all research or other featured participants; and (e) the Contribution has not been previously licensed, published or exploited and use of the Contribution shall not infringe or violate any contract, express or implied, to which the Author, or any co-author, who had entered into this Agreement,is a party and any academic institution, employer or other body in which work recorded in the Contribution was created or carried out has authorised and approved such work and its publication. The Author warrants and represents that the Author, and each co-author who has entered into this Agreement, shall at all times comply in full with: (a) all applicable anti-bribery and corruption laws; and (b) all applicable data protection and electronic privacy and marketing laws and regulations; and (c) the Publisher's ethic rules (available at xxxxx://xxx.xxxxxxxxxxxxxx.xxx/gp/auth...
Warranty. Seller warrants that the Products shall: (i) be free from all liens, charges and encumbrances, and from defects in design, material, workmanship and title; (ii) meet all operating, technical and productivity specifications stated under this Agreement (“Operating Specifications”); (iii) comply with all applicable laws, rules and regulations of the Governmental Authority having jurisdiction; and (iv) conform in all respects to the terms of this Agreement and to the applicable drawings issued for manufacture. Seller also warrants, that the materials and components provided as part of the Products shall conform to the relevant technical and performance specifications in this Agreement and the Purchase Order, and be otherwise fit for use in connection with the Operating Specifications. Unless the warranty period is otherwise specified in this Agreement, the following warranty shall apply: if, any time prior to eighteen (18) months after delivery or twelve (12) months from the date of commercial operation of Purchaser's facility whichever comes first (“Warranty Period”), or, with respect to liens, title or latent defects at any time, it appears that the Products, or any part thereof, do not conform to these warranties, and Buyer (or Purchaser) so notifies Seller within the Warranty Period, Seller shall promptly correct such nonconformity so as to confirm with the Contract, at Seller's sole expense. If Seller fails in such obligation, Buyer or Purchaser may reject or revoke acceptance, and cover by making any reasonable purchase of Products in substitution for those rejected and the Seller will be liable to the Buyer (or to Purchaser) for any additional costs for such substituted Products. In such circumstances, Buyer (or Purchaser), at its sole discretion, may itself proceed to correct Seller's nonconforming work by the most expeditious means available, and reasonable costs for such correction shall be for Seller's account; or, alternatively, Buyer (or Purchaser) may retain the nonconforming Products and an equitable adjustment reducing the order price to reflect the diminished value of such nonconforming Products will be made by written revision. Seller's liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties, including damages, such as disassembly, removal, inspection, re-installation, re-testing, costs of transportation or warehousing. Seller further warrants any and all corrective actions it perfor...
