Warranty and Recall Sample Clauses

Warranty and Recall. All Visteon Products, in each case, which have been sold or otherwise supplied by the Business for use in model year 1997 vehicles (or later model years) manufactured or sold by Ford or Ford Subsidiaries are deemed to be subject to the warranty provisions of the global purchase order terms and conditions promulgated by Ford with respect to its supply contracts with third parties as in effect at the time such parts, components or systems were delivered. Visteon agrees it will be liable to Ford and the Ford Subsidiaries for all warranty claims for such parts, components or systems to the same extent as another Tier 1 supplier would be liable if it had supplied such parts, components or systems, and Ford agrees it will apply the same customary practices to Visteon as Ford applies to other Tier 1 suppliers in the automotive parts industry.
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Warranty and Recall. A. Seller expressly warrants to Buyer and to purchasers of Buyer’s products that at the time of delivery the goods (including tooling, if any called for by the purchase order issued pursuant hereto) will conform to the applicable specifications, drawings, samples and/or descriptions furnished to or by Buyer and will be merchantable, free from defects in design (to the extent that seller furnishes the design), materials and workmanship and will be suitable for the purposes intended whether expressed or reasonably implied. Seller shall handle and be responsible for every claim of damage or injury that is based upon a breach of the forgoing warranty or, at Buyer’s option seller shall provide all reasonable assistance to Buyer in Buyer’s handling of any such claims. Approval of any sample, inspection, test, acceptance, payment, or use of any goods and/or services furnished under an order shall not relieve or affect seller’s obligation under these warranties; such warranties shall survive payment, inspection, test, acceptance, and use. These warranties shall run to buyer, its successors, assigns, customers, and users of its products. Seller will extend to buyer all warranties it receives with respect to goods and/or services; however, this shall not relieve the seller of any warranties herein granted or otherwise allowed by law. If Buyer experiences any defect, failure or non-conformity during the Warranty Period, Buyer shall have the right to take the following actions, at Buyer’s option: (1) retain the defective goods in whole or in part with an appropriate adjustment in the price for the goods; (2) require Seller to repair or replace the defective goods in whole or in part at Seller’s expense, including all shipping, transportation and installation costs; (3) correct or replace the defective items with similar items and recover the total cost from Seller, including the cost of product recalls; and (4) exercise all other rights under the Uniform Commercial Code and any other applicable statutes.
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Related to Warranty and Recall

  • Seller’s Warranties and Representations Seller hereby represents and warrants to Buyer as follows:

  • Representations and Warranties Limitation of Liability Each party hereby represents and warrants as follows: (i) it has full corporate power and authority to enter into this Agreement and to carry out the provisions hereof, (ii) it is duly authorized to execute and deliver this Agreement and to perform its obligations hereunder, (iii) this Agreement is a legal and valid obligation binding upon and enforceable according to its terms, (iv) the execution, delivery and performance of this Agreement by it does not conflict with any agreement to which it is a party or by which it may be bound, and (v) its website contemplated by this Agreement (HomeAdvisor in the case of MS, and the Company Site in the case of the Company), and the services provided pursuant thereto, shall be of a high nature, grade and quality and shall comply with all applicable laws and regulations throughout the term of this Agreement. EXCEPT AS SET FORTH ABOVE, NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO ANY MATTER INCLUDING, BUT NOT LIMITED TO, A WARRANTY OF FITNESS FOR PURPOSE OR OF MERCHANTABILITY. OTHER THAN WITH RESPECT TO AN INDEMNIFIED CLAIM UNDER THIS AGREEMENT, NEITHER PARTY WILL BE LIABLE FOR ANY SPECIAL INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO SUCH DAMAGES ARISING FROM BREACH OF CONTRACT OR WARRANTY OR FROM NEGLIGENCE OR STRICT LIABILITY), EVEN IF SUCH PARTY HAS BEEN ADVISED OF (OR KNOWS OR SHOULD KNOW OF) THE POSSIBILITY OF SUCH DAMAGES.

  • Warranties and Representations The Contractor warrants and represents that:

  • Survival of Warranties and Representations The parties hereto agree that all warranties and representations of the parties survive the closing of this transaction.

  • Breach of Representations and Warranties Any material representation or warranty of the Borrower made herein, in the Subscription Agreement, or in any agreement, statement or certificate given in writing pursuant hereto or in connection therewith shall be false or misleading in any material respect as of the date made and the Closing Date.

  • Covenants, Warranties and Representations Each of the parties covenants, warrants and represents for itself as follows:

  • Breach of Representations and Warranties by the Company If the Company breaches any of the representations or warranties set forth in this Section 3, and in addition to any other remedies available to the Buyer pursuant to this Agreement, it will be considered an Event of default under Section 3.4 of the Note.

  • Representations and Warranties of Client Client represents and warrants that:

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