Warranty for Quality Sample Clauses

Warranty for Quality. 8.1 The Seller declares that the delivered device will be brand new, not used, not damaged and its quality will comply with the requirements stipulated by this contract and by legal regulations. The Seller shall prove the origin of the subject of purchase at the Buyer’s request. The Seller is also responsible for the delivered device not to be encumbered with any rights of third parties, especially rights arising from industrial or other intellectual property. 8.2 The Seller shall provide a warranty for quality, i.e. the undertaking that the supplied equipment will be fit to be used for the purpose described in the tender documentation for the period of the warranty and that it will maintain the required properties for this entire period. The warranty period is 12 months. If a warranty claim will be addressed by a repair of the subject of the purchase, the Buyer undertakes to use only new, not used and original spare parts. 8.3 The warranty period begins to run on the day of the delivery of the subject of purchase to the Buyer, i.e. on the day the handover protocol is signed by the Buyer. 8.4 If the subject of performance has any defects the Buyer is entitled to: a) request the elimination of the defects by the supply of a new subject of purchase without defects, if this is not inadequate given the nature of the defect, or by the supply of the missing part of the subject of purchase, b) request the elimination of the defects by repairing the subject of purchase, c) request an adequate discount from the purchase price, or d) cancel the contract. 8.5 Under all circumstances the Buyer has the discretion to choose from the entitlements specified in par. 8.4 of this article. However, the Buyer shall notify the Seller of their choice in a written notification of defects sent to the Seller or without undue delay after this notification. Provisions of Article 2110 of the Civil Code shall not be used. 8.6 The Seller shall always eliminate defects in the subject of purchase without delay, however at the latest with the period of 60 work days after they are claimed. All costs relating to the elimination of defects shall be borne by the Seller. If the Seller does not eliminate the defects, the Buyer is entitled to secure the elimination of defects via a third person at the Seller’s expense and the Seller shall refund the costs to the Buyer within 15 days after they are claimed by the Buyer in writing. 8.7 The Seller is not responsible for defects in the subject of pur...
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Warranty for Quality. 7.1 The Seller takes over the warranty for the quality of the goods. The Seller provides a minimum warranty on the functionality and reliability of the delivered goods 12 months at least, unless otherwise stated in the Annex to this Contract. 7.2 The Seller declares that the delivered goods will be brand new, not used, not damaged and its quality will comply with the requirements stipulated by this contract and by legal regulations. The Seller is also responsible for the delivered goods not to be encumbered with any rights of third parties, especially rights arising from industrial or other intellectual property. 7.3 If the subject of performance has any defects the Buyer is entitled to: a) request the elimination of the defects by the supply of a new subject of purchase without defects, if this is not inadequate given the nature of the defect, or by the supply of the missing part of the subject of purchase, b) request the elimination of the defects by repairing the subject of purchase, c) request an adequate discount from the purchase price, or d) cancel the contract. 7.4 Under all circumstances the Buyer has the discretion to choose from the entitlements specified in par. 7.2 of this article. However, the Buyer shall notify the Seller of their choice in a written notification of defects sent to the Seller or without undue delay after this notification. 7.5 The Seller shall always eliminate defects in the subject of purchase without delay, however at the latest with the period of 60 workdays after they are claimed, unless both parties agree otherwise. All costs relating to the elimination of defects shall be borne by the Seller. If the Seller does not eliminate the defects, the Buyer is entitled to secure the elimination of defects via a third person at the Seller’s expense and the Seller shall refund the costs to the Buyer within 15 days after they are claimed by the Buyer in writing. 7.6 The Seller is not responsible for defects in the subject of purchase occurring because of common wear and tear, unprofessional use, and handling of the subject of purchase or the use of the subject of purchase for other purposes than the intended ones.
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Warranty for Quality. 9.1 The Seller shall be liable for any defects uncovered during the warranty period of 24 months. 9.2 The Seller shall ensure that the device has the properties stipulated herein. 9.3 Záruční doba začíná běžet dnem podpisu protokolu o předání a převzetí dodávky Kupujícím. Je-li dodávka Kupujícím převzata s alespoň jednou drobnou vadou či nedodělkem, počíná xxxxxxx xxxx xxxxx xx xxxx odstranění poslední vady či nedodělku.
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Warranty for Quality. 11.1. The SELLER guarantees that the Goods supplied by him in execution of the Contract shall be in full conformity with the requirements of the BUYER, as described in the Technical Specification. The SELLER guarantees that all goods supplied by him under this Contract shall be faultless both with regard to defects of constructional, material or productional origin (except in case the construction and/or the material have been specified by the BUYER), as well as to defects that have their source in the SELLER's negligence, which defects may come out upon the normal use of the Goods supplied and under the prevailing conditions in the country of their final destination. 11.2. The SELLER undertakes the obligation to secure support, operative and technical assistance, within the framework of the technical support provided by 'Oracle'. 11.3. The SELLER undertakes the obligation, upon notification of any defect that has emerged in the Goods supplied by him, to promptly and adequately repair or exchange, on his own account, the defected Goods or parts of them. 11.4. In case the SELLER, after due notification, does not correct the faults in time, the BUYER is entitled to undertake necessary action from his own name but on the account of the SELLER, for removing the defects that have emerged in the Goods.
Sample 1
Warranty for Quality. 49.1. The Contractor is liable for the excellent quality of all the works, including the works of other parties who acted on behalf of the Contractor, or it was determined that the Contractor will be liable for them. 49.2. This liability of the Contractor shall include repair, renovations and renewal of defective work, including expenses involved as well as consequential damage which a reasonable Contractor would have considered as a possible result of defects, flaws or a discrepancy for which the Contractor is liable. The Contractor shall be liable for any defect, flaw and discrepancy resulting from defective work, use of improper or defective materials or equipment, or any other breach of the terms of the Agreement, all according to the final decision of the Supervisor. 49.3. The Contractor shall also be liable for any defect, damage or breakdown resulting from a defect, error or omission in the documents, whether attached to the Agreement or not, which according to the provisions of this Agreement the Contractor had to disclose. 49.4. This section adds and does not derogate from the Contractor’s liability in the inspection period, as set forth in section 50 hereafter.
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Related to Warranty for Quality

  • Warranty of Quality Contractor warrants that all products furnished under this Agreement shall meet the specifications set forth in this Agreement. Contractor shall replace any goods and/or services that do not meet the specifications of this Agreement at no cost to the District in time to minimize disruption to the District. To the extent Contractor is unable to provide replacement products meeting the specifications of this Agreement in time to minimize disruption to the District, the District may order replacement products from another vendor and charge Contractor for the difference between the price listed in Schedule A of this Agreement and the price paid by the District to another vendor to obtain substitute goods, in addition to holding Contractor in breach of this Agreement and exercising any other rights or remedies the District may have at law, including the termination of this Agreement.

  • Warranties of Seller With respect to each Transaction, Seller represents and warrants to Buyer on the Trade Date for each Product that such Product complies with any Applicable Program for which the Product is specified as so complying in the Product Order, and on the Delivery Date for each Product that: (i) Seller has good and marketable title to such Product; (ii) Seller has not sold the Product or any Environmental Attribute of the Product to be transferred to Buyer to any other person or entity;

  • Survival of Representations and Warranties; Duty to Update Information All representations and warranties made by the Subadviser, the Adviser and the Trust pursuant to the recitals above and Sections 6, 7 and 8, respectively, shall survive for the duration of this Agreement and the parties hereto shall promptly notify each other in writing upon becoming aware that any of the foregoing representations and warranties are no longer true or accurate in all material effects.

  • Representations and warranties of the Contractor The Contractor represents and warrants to the Authority that: (a) it is duly organised and validly existing under the laws of India, and has full power and authority to execute and perform its obligations under this Agreement and to carry out the transactions contemplated hereby; (b) it has taken all necessary corporate and other actions under Applicable Laws to authorise the execution and delivery of this Agreement and to validly exercise its rights and perform its obligations under this Agreement; (c) this Agreement constitutes its legal, valid and binding obligation, enforceable against it in accordance with the terms hereof, and its obligations under this Agreement will be legally valid, binding and enforceable obligations against it in accordance with the terms hereof; (d) it is subject to the laws of India, and hereby expressly and irrevocably waives any immunity in any jurisdiction in respect of this Agreement or matters arising thereunder including any obligation, liability or responsibility hereunder; (e) the information furnished in the Bid and as updated on or before the date of this Agreement is true and accurate in all respects as on the date of this Agreement; (f) the execution, delivery and performance of this Agreement will not conflict with, result in the breach of, constitute a default under, or accelerate performance required by any of the terms of its memorandum and articles of association or any Applicable Laws or any covenant, contract, agreement, arrangement, understanding, decree or order to which it is a party or by which it or any of its properties or assets is bound or affected; (g) there are no actions, suits, proceedings, or investigations pending or, to its knowledge, threatened against it at law or in equity before any court or before any other judicial, quasi-judicial or other authority, the outcome of which may result in the breach of this Agreement or which individually or in the aggregate may result in any material impairment of its ability to perform any of its obligations under this Agreement; (h) it has no knowledge of any violation or default with respect to any order, writ, injunction or decree of any court or any legally binding order of any Government Instrumentality which may result in any material adverse effect on its ability to perform its obligations under this Agreement and no fact or circumstance exists which may give rise to such proceedings that would adversely affect the performance of its obligations under this Agreement; (i) it has complied with Applicable Laws in all material respects and has not been subject to any fines, penalties, injunctive relief or any other civil or criminal liabilities which in the aggregate have or may have a material adverse effect on its ability to perform its obligations under this Agreement; (j) no representation or warranty by it contained herein or in any other document furnished by it to the Authority or to any Government Instrumentality in relation to Applicable Permits contains or will contain any untrue or misleading statement of material fact or omits or will omit to state a material fact necessary to make such representation or warranty not misleading; (k) no sums, in cash or kind, have been paid or will be paid, by it or on its behalf, to any person by way of fees, commission or otherwise for securing the contract or entering into this Agreement or for influencing or attempting to influence any officer or employee of the Authority in connection therewith; (l) all information provided by the {selected bidder/ members of the Consortium/Joint Venture} in response to the RFP or otherwise, is to the best of its knowledge and belief, true and accurate in all material respects; and (m) nothing contained in this Agreement shall create any contractual relationship or obligation between the Authority and any Sub- contractors, designers, consultants or agents of the Contractor.

  • Accuracy of the Company’s Representations and Warranties Each of the representations and warranties of the Company in this Agreement and the other Transaction Documents that are qualified by materiality or by reference to any Material Adverse Effect shall be true and correct in all respects, and all other representations and warranties shall be true and correct in all material respects, as of the date when made and as of the Closing Date as though made at that time, except for representations and warranties that are expressly made as of a particular date, which shall be true and correct in all respects as of such date.

  • Warranty Disclaimer EXCEPT FOR THE LIMITED WARRANTIES STATED ABOVE, THE SOLUTIONS AND ALL RELATED SERVICES ARE PROVIDED “AS IS” AND CUSTOMER’S USE OF THEM IS AT ITS OWN RISK. AVEPOINT DOES NOT MAKE, AND HEREBY SPECIFICALLY DISCLAIMS, AND CUSTOMER RELEASES AND WAIVES, ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE OR FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. AVEPOINT DOES NOT WARRANT THAT CUSTOMER’S USE OF THE SOLUTIONS WILL BE UNINTERRUPTED OR ERROR- FREE, NOR DOES AVEPOINT WARRANT THAT IT WILL REVIEW CUSTOMER DATA FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN CUSTOMER DATA WITHOUT LOSS. AVEPOINT SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF AVEPOINT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AVEPOINT DOES NOT WARRANT THAT THE SOLUTIONS WILL MEET CUSTOMER’S REQUIREMENTS, WILL OPERATE IN ANY COMBINATION THAT MAY BE SELECTED FOR USE BY CUSTOMER OR IN COMBINATION WITH OTHER THIRD-PARTY SOFTWARE BEYOND THE THIRD- PARTY SOFTWARE EXPRESSLY APPROVED AS COMPLIANT IN THE DOCUMENTATION. EXCEPT AS TO COMPATIBILITY OF THE LICENSED SOFTWARE AS DESCRIBED IN AVEPOINT’S DOCUMENTATION, AVEPOINT MAKES NO WARRANTIES TO CUSTOMER WITH RESPECT TO CUSTOMER'S COMPUTER EQUIPMENT OR SYSTEM SOFTWARE OR ITS CAPACITY. FURTHERMORE, AVEPOINT DOES NOT WARRANT THAT ANY SOFTWARE ERRORS, DEFECTS, OR INEFFICIENCIES WILL BE CORRECTED, NOR DOES AVEPOINT ASSUME ANY LIABILITY FOR FAILURE TO CORRECT ANY SUCH ERROR, DEFECT OR INEFFICIENCY. AVEPOINT MAKES NO WARRANTY, AND CUSTOMER ASSUMES THE ENTIRE RISK, AS TO THE INTEGRITY OF ANY DATA AND THE RESULTS, CAPABILITIES, SUITABILITY, USE, NON-USE OR PERFORMANCE OF THE SOLUTIONS. IN NO EVENT SHALL AVEPOINT BE LIABLE TO CUSTOMER FOR ANY DAMAGES RESULTING FROM OR RELATED TO THE USE OF THE SOLUTIONS. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.

  • Accuracy of Representations All of Buyer's representations and warranties in this Agreement (considered collectively), and each of these representations and warranties (considered individually), must have been accurate in all material respects as of the date of this Agreement and must be accurate in all material respects as of the Closing Date as if made on the Closing Date.

  • Warranty Disclaimers WE ARE LEASING THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT OR ANY OTHER ISSUE IN REGARD TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO US.

  • Accuracy of Representations and Warranties The representations and warranties of Purchaser contained in this Agreement shall have been true in all material respects on the date hereof and shall be true in all material respects on and as of the Closing Date with the same force and effect as though made on and as of the Closing Date.

  • Accuracy of the Company’s Representations and Warranties; Performance by the Company The Company shall have delivered the certificate required to be delivered pursuant to Section 4(o) on or before the date on which delivery of such certificate is required pursuant to Section 4(o). The Company shall have performed, satisfied and complied with all covenants, agreements and conditions required by this Agreement to be performed, satisfied or complied with by the Company at or prior to such date, including, but not limited to, the covenants contained in Section 4(p), Section 4(q) and Section 4(r).

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