Warranty Clauses Sample Clauses

Warranty Clauses. Warranty clauses provide assurances that goods and services will perform or be conducted a certain way, and/or in compliance with applicable laws and regulations. Often, service providers will attempt to include language limiting express warranties for their goods or services, and/or implied warranties provided by law, such as the implied warranties of fitness for a particular purpose, merchantability, or performance of services in a competent manner. While these clauses are common, entities should analyze these warranties to determine how these clauses may affect data privacy concerns. Such language may purport to apply to not only the service provider, but also to any subcontractors hired by the service provider who may be completely unknown to the entity. Service providers may outsource a portion of their services to subcontractors who have access to the entity’s PII. As a best practice, an entity should require that the service provider warrant that any hired subcontractor who has access to the entity’s PII will not only be qualified (and appropriately insured) to perform services, but also that the subcontractor will abide by the service provider’s privacy policies and the other terms in the service provider agreement related to data privacy events. Warranty clauses may provide that the service provider will obtain a signed agreement from the subcontractor to comply with all privacy policies and protocols set forth in the service provider agreement.
Sample 1
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Warranty Clauses. 3.1 The seller must guarantee that the design, manufacture and material of the provided goods are proper and can meet the requirements of national technical standards and "Attachment I". 3.2 The warranty period of the warranty clauses is 12 months beginning from the delivery. 3.3 In the conditions of item 3, within the warranty period, if the buyer finds the quality defects of the goods which are not the responsibility of the seller, the buyer can require the treatment from the seller within 7 days. The buyer is liable to keep the loss from occurring and increasing. Or the seller is not responsible for the compensation of the increased loss. 3.4 Received notice of the quality of the buyer, the seller shall repair or change the goods with quality problems in 7 working days after receiving the quality notice, and the buyer shall provide the necessary assistance. 3.5 The seller is not responsible in the following condition: 3.5.1 The damages of goods which are caused by the modification by the buyer or the third part without the agreement of the seller in advance; 3.5.2 the damages of goods which are caused by the operations, maintenances and services of the buyer or the third part without the coherences of the instruction, guidance, requirement the operating manual and specifications supplied by the seller; 3.5.3 The damages caused by the responses of the buyer or the third part such as the accident and the dereliction of duty. 3.6 In no event of default by the buyer, the seller shall provide the guarantees in item 3.1 to item 3.4 freely. If the repair or replacement of the goods in the conditions of item 3.5.1 to item 3.5.4, the seller can require all the costs of the actual amount, such as the costs of service charges, maintenance and materials, etc.
Sample 1
Warranty Clauses 
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Related to Warranty Clauses

  • CONTRACT CLAUSES  A SOLICITATION/CONTRACT FORM 1  I CONTRACT CLAUSES 58  B SUPPLIES OR SERVICES AND PRICES/COSTS 2 PART III - LIST OF DOCUMENTS, EXHIBITS & ATTACHMENTS  C DESCRIPTION/SPECS./WORK STATEMENT 25  J LIST OF ATTACHMENTS 74  D PACKAGING AND MARKING 26 PART IV - REPRESENTATIONS AND INSTRUCTIONS  E INSPECTION AND ACCEPTANCE 27 K REPRESENTATIONS, CERTIFICATIONS OTHER STATEMENTS OF OFFERORS  F DELIVERIES OR PERFORMANCE 29  G CONTRACT ADMINISTRATION DATA 32 L INSTRS., CONDS., AND NOTICES TO  H SPECIAL CONTRACT REQUIREMENTS 34 M EVALUATION FACTORS FOR AWARD

  • Indemnity Clause CONTRACTOR agrees to indemnify, save harmless, and release DISTRICT, and all its officers, agents, volunteers, and employees from and against any and all loss, damages, injury, liability, suits, and proceedings arising out of the performance of this contract which are caused in whole or in part by the acts or negligence of CONTRACTOR's officers, agents, volunteers, or employees, but not for claims arising from DISTRICT's sole negligence. The parties agree that if there are any Limitations of CONTRACTOR's Liability, including a limitation of liability for anyone for whom CONTRACTOR is responsible, such Limitations of Liability will not apply to injuries to persons, including death, or to damages to property.

  • Sunset Clause The provisions of this Section expires automatically on the expiration date of this Agreement.

  • Penalty Clause a. Non-execution of supply order - For the reasons of failure to supply partially or completely within 30 days, if the Procurement cell has to buy the items from the RC 2 (L-2), RC 3 (L-3) or approved local vendor firm, the rate difference in cost will be recovered from XX xxxxxx i.e. L1 /Billing Agency as appointed by the Rate Contract Holder. The difference amount will be deducted from the forthcoming bills of the supplier pertaining to any product. Repeated failure (Three times) to supply in part or in full may amount to termination of rate contract for the product (s) and forfeiture of Performance Security. Reasons of failure to supply the material will be communicated by the firm to the Procurement cell timely. b. Late delivery clause -The date & time of the delivery as stipulated in the supply order shall be deemed to be the essence of the contract and delivery must be completed no later than the date(s) as specified in the supply order. Unsupplied items of each supply order which will not be supplied during stipulated time period of 30 days should be treated as cancelled and will be procured from RC-2/RC-3 or approved local vendor and difference amount deducted from forthcoming bills of RC1 (L1)/Billing Agency as appointed by the Rate Contract Holder. c. Non production of item – Difference in the value between existing source and source from where supplies are being obtained for remaining tendered quantity will be recovered from the billing agency.

  • Final Clauses This Agreement will enter into force upon signature by both Parties and shall remain in force until completion of all obligations of the Parties under this Agreement.

  • Survival Clause It is the intent of the Parties that this Agreement and procurement method applies to any TIPS Sale made during the life of this Agreement even if made on or near the Contract Expiration Date as defined herein. Thus, all TIPS Sales, including but not limited to: leases, service agreements, license agreements, open purchase orders, warranties, and contracts, even if they extend months or years past the TIPS Contract Expiration Date, shall survive the expiration or termination of this Agreement subject to the terms and conditions of the Supplemental Agreement between Customer and Vendor or unless otherwise specified herein.

  • ZIPPER CLAUSE 1. This Agreement sets forth the full and entire understanding of the parties regarding the matters herein. This Agreement may be modified, but only in writing, upon the mutual consent of the parties.

  • CERTIFICATION CLAUSES The CONTRACTOR CERTIFICATION CLAUSES contained in the document CCC 04/2017 are hereby incorporated by reference and made a part of this Agreement by this reference as if attached hereto.

  • Warranty Claims 8.1 The Supplier shall be obliged to inspect the quantity and the quality of the goods before delivery. 8.2 We shall have no duty to inspect the goods nor to notify any detected defects within a specific time period. In any event, a warranty claim will be timely made if raised prior to the expiration of the warranty period set forth in sub- clause 8.7 hereof. 8.3 We are entitled to demand, at our discretion, that the Supplier either replace defective goods or remedy the defect. The Supplier may only refuse the form of supplementary performance we have chosen on the grounds of dispropor- tionate cost where such costs would exceed the value of the goods in defect-free condition. 8.4 The Supplier warrants that the supplied goods are free of any fault or defect, whether of design, workmanship or materials. 8.5 Where supplementary performance fails, we are entitled to withdraw from the contract according to applicable law. Supplementary performance shall be deemed to have failed after one unsuccessful attempt, provided that the type of product or defect does not indicate that we are required to accept a further attempt at supplementary perfor- xxxxx. 8.6 We are entitled to remedy defects ourselves or to have them remedied at the expense of the Supplier, or to under- take shortfall purchases, where exigency or particular urgency applies and it is no longer possible to notify the Sup- plier with a deadline because of such particular urgency. 8.7 The Supplier shall be liable for any breach of the warranties if, within 18 months after the delivery date, we give no- xxxx in writing to the Supplier of any defect in the goods which shall arise from faulty design, materials or xxxxxxx- ship. This warranty period starts upon delivery of the goods and shall be suspended while the Supplier attempts supplementary performance. With respect to replaced or repaired goods, a new warranty period shall commence upon delivery of the replaced or repaired goods. 8.8 We expressly reserve the right to claim damages under applicable law. Warranty disclaimers and/or limitations of li- ability on the part of the Supplier do not apply. The foregoing warranties shall be without prejudice to any other rights and remedies available to us. 8.9 The Supplier indemnifies and holds us harmless against third party claims in connection with defective, delayed or in other manners faulty delivery, including court and attorney fees.

  • BREAK CLAUSE IF YOU HAVE OPTED FOR A FIXED TERM CONTRACT YOU WILL NOT HAVE THE DETAILS OF A BREAK CLAUSE NOTED IN YOUR PARTICULARS. 5.1. The Landlord shall be entitled to serve upon the Tenant Statutory Notice of not less than two calendar months to break this tenancy. Such Notice: 5.1.1. Shall be at least 2 months’ notice to break this Tenancy 5.1.2. Shall not expire before the end of the «D0000_401C_0#Landlord_notice_take_effect» month of the term 5.

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