Warranty - Goods Sample Clauses

Warranty - Goods. 7.1.1 Contractor represents and warrants to Canadian Natural that all Goods delivered and the delivery of all Goods by Contractor to Canadian Natural will: 7.1.1.1 be free and clear of any and all liens, charges or encumbrances; 7.1.1.2 not infringe the intellectual property rights of any person; 7.1.1.3 comply with all Applicable Laws (including without limitation, any applicable transportation of dangerous goods and occupational health and safety legislation, such as WHMIS requirements); 7.1.1.4 conform to the terms of this Agreement, including, without limitation, the Specifications; 7.1.1. 5 be of at least equal to nationally or internationally recognized standards and codes;
AutoNDA by SimpleDocs
Warranty - Goods. Seller warrants that (a) the goods shall be of high quality and workmanship within recognized industry standards, free from defect, of merchantable quality and fit for the intended purpose or use for which they are purchased to the extent such purpose or use is known, or reasonably known, to Seller; (b) the goods shall fully comply with any data, reference to data or specifications provided by Buyer and/or any samples or documentation provided by Seller; (c) the goods shall be conveyed with clear title, free of lien or encumbrance of security interest upon delivery of the goods to Buyer or other party authorized by Buyer; and (d) the goods shall not violate any intellectual property rights of any third party.
Warranty - Goods. 23.1 Supplier warrants to Buyer that the Goods will, during the Warranty Period, be of satisfactory quality or, where there is a description of the Goods in Part D of these Conditions, will comply with their description in Part D of these Conditions. 23.2 Supplier shall, free of charge, and at its option, repair, replace, or refund the purchase price (if paid) or cancel the invoice (if not paid) for Goods which are proved, to the reasonable satisfaction of the Supplier, to not comply with the warranty in clause 23.1 due to defects in material, workmanship or design (other than a design made, furnished or specified by Buyer). Subject to clause 9.1, the provisions of this clause 23.2 are Supplier’s sole Liability if the Goods do not comply with the warranty in clause 23.1 and Buyer’s sole remedy for breach of this clause 23.2 shall be in damages, and Supplier’s Liability for breach of this clause 23.2 shall be limited to the purchase price of the Goods. 23.3 Buyer shall notify Supplier of any defect or suspected defect in Goods within 14 days of Delivery where the defect should be apparent on reasonable inspection, or within 14 days of the defect coming to the knowledge of Buyer where the defect is not one which should be apparent on reasonable inspection, and in any event within the Warranty Period. 23.4 Supplier will not be in breach of the warranty in clause 23.1 or obliged to comply with clause 23.2 if: 23.4.1 Buyer does not comply with its obligations under clause 23.3; or 23.4.2 the defect is attributable to any fair wear and tear relating to the Goods; or 23.4.3 the Goods have been improperly altered in any way or have been subject to misuse or unauthorised repair; or 23.4.4 the Goods have been improperly installed or connected; or 23.4.5 any maintenance requirements relating to the Goods have not been complied with; or 23.4.6 any instructions as to storage of the Goods have not been complied with in all respects. 23.5 Supplier’s obligation in clause 23.2 is subject to the Goods being returned by Buyer to Supplier carriage paid. Supplier will deliver any repaired or replacement Goods to Buyer at Supplier’s own expense. 23.6 Any Goods that have been returned to Supplier and for which replacement Goods have been supplied to Buyer, shall belong to the Supplier. The warranty under clause 23.1 will apply to any repaired or replacement Goods supplied by Supplier under clause 23.2 for the remainder of the original Warranty Period.
Warranty - Goods. 4.1. Advantex warrants to the Customer that the Goods correspond with their specification at the time of delivery and will be free from defects in material and workmanship for a period of 1 month from the date of delivery. 4.2. Advantex shall not be liable under the warranty in clause 4.1 if: 4.2.1. the total fees due in respect of the Goods have not been paid by the due date for payment; 4.2.2. any defect in the Goods arises from any information, drawing or specification supplied by the Customer; or 4.2.3. any defect arises from: fair wear and tear; wilful damage; negligence; abnormal working conditions; failure to follow Advantex’s instructions (whether oral or written) or maintenance requirements; misuse; or alteration or repair of the Goods without Advantex’s prior written approval; or 4.2.4. the Goods have been improperly installed or connected (unless Advantex carried out the installation and connection). 4.3. The warranty in clause 4.1 does not extend to parts, materials or equipment not manufactured by Advantex in respect of which the Customer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to Advantex and which Advantex is entitled to and able to assign to the Customer. 4.4. Any claim by the Customer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specification must (whether or not delivery is refused by the Customer) be notified: (i) to Advantex in writing within 7 days from the date of delivery or performance or, where the defect or failure was not apparent on reasonable inspection, within a reasonable time after discovery of the defect or failure; and (ii) to Advantex’s carriers in accordance with clause 9.5 4.5. Customer shall not be entitled to reject the Goods on the basis of any defect or failure which is so slight that it would be unreasonable for the Customer to reject them. 4.6. If the Customer does not notify a relevant claim in accordance with clause 4.4 then: 4.6.1. the Customer shall not be entitled to reject the Goods; 4.6.2. Advantex shall have no liability for such defect or failure; and 4.6.3. the Customer shall be bound to pay the full price for the Goods. 4.7. If the Customer has a valid claim which has been notified to Advantex pursuant to clause 4.4, Advantex's liability shall be limited to the repair, replacement or refund of the Goods and Advantex shall be entitled to repair or replace the Goods free of charge o...
Warranty - Goods. 16.1 Howden warrants that: (i) any Goods provided hereunder will be of good material and workmanship; (ii) any Services provided by Howden shall be performed by competent and qualified personnel in a professional and workmanlike manner 16.2 In the event that defects appear in the Goods under proper use, Buyer’s sole and exclusive remedy thereof shall be that Howden will repair or replace such Goods at Howden’s option and cost (but not including transportation, removal, reinstallation, and decontamination) within the warranty period set forth in the Contract. Unless otherwise expressly agreed, the warranty for Goods shall be whichever period expires earlier: (i) twelve (12) months from first operation of any such Goods; or (ii) eighteen (18) months from Howden’s delivery date (at the applicable Incoterms point of delivery quoted by Xxxxxx). In the event the Goods contain sensors and the sensors become defective under proper use and maintenance, Howden will repair or replace the sensors, at Howden’s option and cost (excluding removal and/or reinstallation if so necessary) within six (6) months from delivery of the sensors. 16.3 Howden’s warranty on Services performed by Xxxxxx will be in effect: (i) until ninety (90) days after the date of performance of any Technical Services; and (ii) one year after the date of performance of any Construction Services. The Buyer’s sole and exclusive remedy for breach thereof shall be the re-performance of such Services by Xxxxxx. 16.4 Howden’s warranty shall exclude liability for defects arising from: (i) installation, commissioning and/or operation, not in accordance with Howden's O&M manual or good industry practice; (ii) use of unapproved spares, unauthorized modification or alteration of the Goods; (iii) normal wear and tear; (iv) the failure of Buyer and/or the end-user to provide adequate storage; or (v) use of the equipment otherwise than in accordance with the agreed operational parameters (including composition, pressure and temperature of the feed gas). No part shall be deemed defective by reason of its failure to resist fouling and the action of erosive or corrosive gases. 16.5 Any warranty repair or replacement of Goods or re-performance of Services shall be warranted by Howden for the remainder of the original warranty period. No “evergreen” or “in-place” warranty is being provided. 16.6 Howden shall have the sole right to specify the manner and timeframe for such repair/replacement/ re-performance. Defective/...
Warranty - Goods. 7.1 In the event the Goods contain sensors and the sensors become defective under proper use and maintenance, Howden will repair or replace the sensors, at Howden’s option and cost (excluding removal and/or reinstallation if so necessary) within six (6) months from delivery of the sensors.

Related to Warranty - Goods

  • Product Warranty Seller provides general warranties of fitness and general warranties that the goods are free from defects, for 1 year from acceptance of the goods, except as may otherwise be set forth in the Description/Proposal, or other attached warranty.

  • Product Warranty and Product Liability Set forth in Schedule 3.14 of the Disclosure Schedule is a true, correct and complete copy of the Company's standard warranty or warranties for sales of its products.

  • Service Warranty Provider has carefully examined and analyzed the provisions of this Agreement, including but not limited to all exhibits attached and incorporated into it, and can and will perform, or cause, the Services to be performed in strict accordance with the provisions and requirements of the Agreement. Services will be performed in a timely, professional and workmanlike manner in accordance with all applicable industry and professional standards.

  • Hardware Warranty Company warrants that for a period of one (1) year from delivery of Hardware, Hardware will be free from defects in material and workmanship in normal use, but does not cover any of the following: (i) improper installation, maintenance, adjustment, repair or modification by Customer or a third party; (ii) misuse, neglect, or any other cause other than ordinary use, including without limitation, accidents or acts of God; (iii) improper environment, excessive or inadequate heating or air conditioning, electrical power failures, surges, water damage or other irregularities; (iv) third party software or software drivers; or (v) damage during shipment.

  • Product Warranties Except as set forth in Schedule 3.15, (a) there are no warranties express or implied, written or oral, with respect to the Business and (b) there are no pending or threatened claims with respect to any such warranty, and Seller has no liability with respect to any such warranty, whether known or unknown, absolute, accrued, contingent or otherwise and whether due or to become due.

  • Limited Product Warranty Repair or Replacement within 12 years

  • Customer Warranty Customer’s and its End Users’ use of the Services must always comply with all applicable Laws and this Agreement.

  • WARRANTY – SERVICES The Contractor warrants and represents that all services to be provided the City under the Contract will be fully and timely performed in a good and workmanlike manner in accordance with generally accepted industry standards and practices, the terms, conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules or regulations. A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law, and any attempt to do so shall be without force or effect. B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the Acceptance Date. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand perform the services again in accordance with above standard at no additional cost to the City. All costs incidental to such additional performance shall be borne by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach warranty, but failure to give timely notice shall not impair the City’s rights under this section. C. If the Contractor is unable or unwilling to perform its services in accordance with the above standard as required by the City, then in addition to any other available remedy, the City may reduce the amount of services it may be required to purchase under the Contract from the Contractor, and purchase conforming services from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such services from another source.

  • Manufacturer’s Warranty The Goods include the manufacturer’s standard limited parts warranty to replace defective parts covered under such warranty exclusive of labor. Labor is warranted by the Elevator Contractor for 90 days following installation. The manufacturer’s parts warranty may require that the Goods be maintained throughout the warranty period by an authorized manufacturer’s representative under a separate maintenance contract. Any warranty is conditioned on written notice to the Elevator Contractor within warranty period and contingent upon receipt of final payment to Elevator Contractor.

  • Warranty Work Failure by the Contractor to take corrective action within twenty four (24) hours after personal or telephonic notice by the County's OC Public Works on items affecting essential use of the facility, safety or the preservation of property, and within ten (10) calendar days following written notice on other deficiencies, will result in the County taking whatever corrective action it deems necessary. All costs resulting from such action by the County will be claimed against Contractor or, if necessary, the Contractor's Performance Bond.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!