Common use of WARRANTY AND QUALITY Clause in Contracts

WARRANTY AND QUALITY. Seller warrants that the equipment will be constructed in a workmanlike manner, that it is free from defects in material and manufacture and that, at the xxxx Xxxxxx tenders delivery at the destination point, it will conform substantially to the Specifications and Designs. If within 12 months after this first start-up at Buyer’s site or within 16 months from FOB delivery or notification that the equipment is ready for dispatch, whichever is earlier, any item of the equipment proves to be defective by reason of wrong choice of material, bad workmanship or faulty design, and such reasons are attributable to Seller, Seller at his choice and expense, and upon Buyer’s prompt written notice—which is to be given at the latest within fourteen (14) days from the discovery of such defect - shall replace the defective item by a new one or repair it within a reasonable time after receipt of buyer’s notice. It is agreed and understood that the warranty period starts and end of each of the delivered furnaces independently. It is clearly understood that Seller’s responsibility for parts fabricated locally and / or bought by Buyer according to Seller’s engineering instructions is limited to the submitted design and engineering. Seller’s warranty does not cover parts which are subject to normal wear and tear as well as damages due to improper or negligent handling of equipment or due to deviations from Seller’s operating instructions. The foregoing warranties are definite and Seller makes no other warranties with respect to the equipment, expressed or implied, including no warranty of merchantability or of fitness for a particular purpose.

Appears in 2 contracts

Samples: ReneSola LTD, ReneSola LTD

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WARRANTY AND QUALITY. Seller warrants that the equipment will be constructed in a workmanlike manner, that it is free from defects in material and manufacture and that, at the xxxx Xxxxxx tenders delivery at the destination point, it will conform substantially to the Specifications and Designs. If within 12 months after this first start-up at Buyer’s site or within 16 months from FOB delivery or notification that the equipment is ready for dispatch, whichever is earlier, any item of the equipment proves to be defective by reason of wrong choice of material, bad workmanship or faulty design, and such reasons are attributable to Seller, Seller at his choice and expense, and upon Buyer’s prompt written notice—notice - which is to be given at the latest within fourteen (14) days from the discovery of such defect - shall replace the defective item by a new one or repair it within a reasonable time after receipt of buyer’s notice. It is agreed and understood that the warranty period starts and end of each of the delivered furnaces independently. It is clearly understood that Seller’s responsibility for parts fabricated locally and / or bought by Buyer according to Seller’s engineering instructions is limited to the submitted design and engineering. Seller’s warranty does not cover parts which are subject to normal wear and tear as well as damages due to improper or negligent handling of equipment or due to deviations from Seller’s operating instructions. The foregoing warranties are definite and Seller makes no other warranties with respect to the equipment, expressed or implied, including no warranty of merchantability or of fitness for a particular purpose.

Appears in 2 contracts

Samples: ReneSola LTD, ReneSola LTD

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WARRANTY AND QUALITY. Seller warrants that the equipment will be constructed in a workmanlike manner, that it is free from defects in material and manufacture and that, at the xxxx Xxxxxx time Seller tenders delivery at the destination point, it will conform substantially conforx xxxxxxxxxally to the Specifications and Designs. If within 12 months after this first start-up at Buyer’s 's site or within 16 17 months from FOB delivery or notification that the equipment is ready for dispatch, whichever is earlier, any item of the equipment proves to be defective by reason of wrong choice of material, bad workmanship or faulty design, and such reasons are attributable to Seller, Seller at his choice and expense, and upon Buyer’s 's prompt written notice—notice - which is to be given at the latest within fourteen (14) days from the discovery of such defect - shall replace the defective item by a new one or repair it within a reasonable time after receipt of buyer’s 's notice. It In case more than one furnace is contracted, it is agreed and understood that each of the furnace will be accepted independently and the warranty period starts and end ends of each of the delivered furnaces independently. It is clearly understood that Seller’s 's responsibility for parts fabricated locally and / or bought by Buyer according to Seller’s 's engineering instructions is limited to the submitted design and engineering. Seller’s warranty does Seller shall not cover parts which are subject to normal be responsible for damages arising from natural wear and tear, corrosion, crucible problems or overloads, damages resulting from improper handling or faulty operation of the equipment by Buyer or third parties not hired by Seller, processing of unsuitable materials, damages resulting from the application of hardware and/or software not supplied by Seller, nor any natural or other influence not traceable to the Seller. Wear and tear parts, such as well as damages due to improper or negligent handling of equipment or due to deviations from Seller’s operating instructionsseals, packing, heating elements, gaskets, lubricants, fluids and other working agents are not covered under the warranty. The foregoing warranties are definite and Seller makes no other warranties with respect to the equipment, expressed or implied, including no warranty of merchantability or of fitness for a particular purpose.

Appears in 1 contract

Samples: Solarfun Power Holdings Co., Ltd.

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