Common use of WARRANTY FOR MATERIALS Clause in Contracts

WARRANTY FOR MATERIALS. a. Seller warrants that all materials furnished under this contract shall conform to all specifications and requirements of this contract and shall be free from defects in materials and workmanship. To the extent materials are not manufactured pursuant to detailed designs and specifications furnished by Buyer, the materials shall be free from design and specification defects. This warranty shall survive inspection, test and acceptance of, and payment for, the materials. This warranty shall run to Buyer and its successors, assigns and customers. Such warranty shall begin after Xxxxx's final acceptance. Buyer may, at its option, either (i) return for credit or refund or (ii) require prompt correction or replacement of the defective or nonconforming materials. Return to Seller of defective or nonconforming materials and redelivery to Buyer of corrected or replaced materials shall be at Seller's expense. Materials required to be corrected or replaced shall be subject to this article and the "Inspection" article of this contract in the same manner and to the same extent as materials originally delivered under this contract, but only as to the corrected or replaced part or parts thereof. Even if the parties disagree about the existence of a breach of this warranty, Seller shall promptly comply with Xxxxx's direction to (i) repair, rework or replace the materials or

Appears in 6 contracts

Samples: www.boeingsuppliers.com, www.boeingsupplier.com, www.boeingsuppliers.com

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WARRANTY FOR MATERIALS. a. Seller warrants that all materials furnished under this contract shall conform to all specifications and requirements of this contract and shall be free from defects in materials and workmanship. To the extent materials are not manufactured pursuant to detailed designs and specifications furnished by Buyer, the materials shall be free from design and specification defects. This warranty shall survive inspection, test and acceptance of, and payment for, the materials. This warranty shall run to Buyer and its successors, assigns and customers. Such warranty shall begin after Xxxxxupon Buyer's final acceptanceacceptance of the materials. Buyer may, at its option, either (i) return for credit or refund or (ii) require prompt correction or replacement of the defective or nonconforming materials, or (ii) return the materials for credit or refund. Return to Seller of defective or nonconforming materials and redelivery to Buyer of corrected or replaced materials shall be at Seller's expense. Materials required to be corrected or replaced shall be subject to this article and the "Inspection" article of this contract in the same manner and to the same extent as materials originally delivered under this contract, but only as to the corrected or replaced part or parts thereof. Even if the parties Parties disagree about the existence of a breach of this warranty, Seller shall promptly comply with XxxxxBuyer's direction to (i) repair, rework or replace the materials oror (ii) furnish any materials or parts and installation instructions required to successfully correct the defect or nonconformance. If the Parties later determine that Seller did not breach this warranty, the Parties shall equitably adjust the contract price.

Appears in 1 contract

Samples: Formation of Contract

WARRANTY FOR MATERIALS. a. Seller warrants that all materials furnished under this contract shall conform to all specifications and requirements Statement of Objectives/Statement of Work of this contract and shall be free from defects in materials and workmanship. To the extent materials are not manufactured pursuant to detailed designs and specifications furnished by Buyer, the materials shall be free from design and specification defects. This warranty shall survive inspection, test and acceptance of, and payment for, the materials. This warranty shall run Buyer may, at no cost to Buyer and its successors, assigns and customers. Such warranty shall begin after Xxxxx's final acceptance. Buyer may, at its option, either (i) return for credit or refund or (ii) require prompt correction or replacement of the defective or nonconforming materials. Return Seller further warrants that it shall not furnish “Counterfeit Goods” under this contract, defined as Goods or separately-identifiable items or components of Goods that: (i) are an unauthorized copy or substitute of an Original Equipment Manufacturer or Original Component Manufacturer (collectively, “OEM”) item; (ii) are not traceable to Seller of defective an OEM sufficient to ensure authenticity in OEM design and manufacture; (iii) do not contain proper external or nonconforming internal materials or components required by the OEM or are not constructed in accordance with OEM design; (iv) have been re-worked, re-marked, re-labeled, repaired, refurbished, or otherwise modified from OEM design but are represented as OEM authentic or as new; or (v) have not passed successfully all OEM required testing, verification, screening, and redelivery to Buyer of corrected or replaced materials quality control processes. Counterfeit Goods shall be at Seller's expense. Materials required deemed non-conforming to be corrected or replaced this contract and shall be subject to this article and the "Inspection" article of this contract in the same manner remedies set forth in above Warranty Services article “Buyer may, at its option, either (i) require correction or re-performance of any defective or (ii) require replacement of nonconforming Services at no additional cost to Buyer” Seller warrants that any hardware, software and to the same extent as materials originally firmware Goods delivered under this contract, but only as to the corrected or replaced part or parts thereof. Even if the parties disagree about the existence of a breach of this warranty, Seller shall promptly comply with Xxxxx's direction to (i) repair, rework or replace the materials or:

Appears in 1 contract

Samples: Formation of Contract

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WARRANTY FOR MATERIALS. a. Seller warrants that all materials furnished under this contract shall conform to all specifications and requirements of this contract and shall be free from defects in materials and workmanship. To the extent materials are not manufactured pursuant to detailed designs and specifications furnished by Buyer, the materials shall be free from design and specification defects. This warranty shall survive inspection, test and acceptance of, and payment for, the materials. This warranty shall run to Buyer and its successors, assigns and customers. Such warranty shall begin after Xxxxx's final acceptance. Buyer may, at its option, either (i) return for credit or refund or (ii) require prompt correction or replacement of the defective or nonconforming materials. Return to Seller of defective or nonconforming materials and redelivery to Buyer of corrected or replaced materials shall be at Seller's expense. Materials required to be corrected or replaced shall be subject to this article and the "Inspection" article of this contract in the same manner and to the same extent as materials originally delivered under this contract, but only as to the corrected or replaced part or parts thereof. Even if the parties disagree about the existence of a breach of this warranty, Seller shall promptly comply with XxxxxBuyer's direction to (i) repair, rework or replace the materials oror (ii) furnish any materials or parts and installation instructions required to successfully correct the defect or nonconformance. If the parties later determine that Seller did not breach this warranty, the parties shall equitably adjust the contract price.

Appears in 1 contract

Samples: www.boeingsuppliers.com

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