WARRANTY OF GOODS. 34.1. Contractor warrants, represents and conveys full ownership and clear title, free of all liens and encumbrances, to the Goods delivered to the Department under the Contract. If not more specifically set out in the contract, Contractor warrants for a period of one (1) year that: (i) the Goods perform according to all specific claims that Contractor has made; (ii) the Goods are suitable for the ordinary purposes for which such Goods are used; (iii) the Goods are suitable for any special purposes identified by the Department; (iv) the Goods are designed and manufactured in a commercially reasonable manner; (v) the Goods are manufactured and in all other respects create no harm to persons or property; and (vi) the Goods are free of defects or unusual problems about which the Department has not been warned. Unless otherwise specified, all Goods provided shall be new and unused of the latest model or design.
34.2. Notwithstanding the foregoing, any software portions of the Goods that Contractor licenses, contracts, or sells to the Department under the Contract, Contractor agrees that for a period of ninety (90) days from the date of the Department’s acceptance that the warranties listed in 33.1 apply to the software portions.
34.3. Contractor warrants and represents that all services shall be performed in conformity with the requirements of the Contract by qualified personnel in accordance with generally recognized standards and conform to contract requirements.
WARRANTY OF GOODS. 33.1. Subrecipient warrants, represents and conveys full ownership and clear title, free of all liens and encumbrances, to the Goods delivered to the Department under the Contract. If not more specifically set out in the contract, Subrecipient warrants for a period of one (1) year that: (i) the Goods perform according to all specific claims that Subrecipient has made; (ii) the Goods are suitable for the ordinary purposes for which such Goods are used; (iii) the Goods are suitable for any special purposes identified by the Department; (iv) the Goods are designed and manufactured in a commercially reasonable manner; (v) the Goods are manufactured and in all other respects create no harm to persons or property; and (vi) the Goods are free of defects or unusual problems about which the Department has not been warned. Unless otherwise specified, all Goods provided shall be new and unused of the latest model or design.
33.2. Notwithstanding the foregoing, any software portions of the Goods that Subrecipient licenses, contracts, or sells to the Department under the Contract, Subrecipient agrees that for a period of ninety (90) days from the date of the Department’s acceptance that the warranties listed in 33.1 apply to the software portions.
33.3. Subrecipient warrants and represents that all services shall be performed in conformity with the requirements of the Contract by qualified personnel in accordance with generally recognized standards and conform to contract requirements.
WARRANTY OF GOODS. No disclaimer of warranty will be valid. All goods provided as part of the Services shall be subject to warranties imposed by the Uniform Commercial Code in Pennsylvania.
WARRANTY OF GOODS. Seller expressly warrants that all goods covered by this Order (a) conform to the Seller’s affirmations and promises relating to the goods; (b) conform to the descriptions, samples and models furnished by Seller or specified by Xxxxx; (c) are new and of merchantable quality;
WARRANTY OF GOODS. Contractor warrants, for a period of eighteen (18) months from the date of delivery, that all goods delivered under this MSA or any applicable Work Order will conform to the specifications provided by Company, if any, and that the goods will be merchantable, of good workmanship and material, free from defects, fit for their intended uses and in strict compliance with all applicable laws, rules and regulations. Contractor warrants that any goods brought to the work site by it have been inspected, tested and properly maintained and will be inspected regularly to ensure continued safe operations. With regard to goods delivered by Contractor but not manufactured by Contractor, Contractor shall assign all applicable manufacturers’ warranties to Company, to the extent such warranties are assignable. If such third party manufacturers’ warranties are not assignable, Contractor will provide reasonable assistance to Company in enforcing such warranties.
WARRANTY OF GOODS. Seller expressly warrants that all goods covered by this Order (a) conform to the Seller’s affirmations and promises relating to the goods; (b) conform to the descriptions, samples and models furnished by Seller or specified by Buyer; (c) are new and of merchantable quality; (d) are of good material and workmanship and free from defects; (e) are fit for any ordinary or known particular purpose; and (f) do not infringe on the intellectual property rights of any third party. Seller further warrants to Buyer that Seller has merchantable title to such goods free and clear of any liens or other encumbrances. Inspection, test, acceptance or use of the goods furnished hereunder shall not affect the Seller’s obligation under these warranties, and such warranties shall survive inspection, test, acceptance of, use or payment for the goods by the Buyer.
WARRANTY OF GOODS. Seller warrants that goods supplied hereunder are new, of the grade and quality specified, free from liens and encumbrances, non-infringing, and that Seller has good title. If the goods are supplied to Seller's samples, specifications or product descriptions, Seller warrants that the goods are free from defects in design (to the extent design is Seller's responsibility), and materials and workmanship, will be merchantable and fit for the intended purpose if Seller has supplied to Aerojet's stated purpose, and conform to Seller's samples, specifications or product descriptions and all other requirements of this Order. All other warranties, express, statutory and implied, are hereby excluded and disclaimed. If the goods are supplied to Aerojet's samples, specifications or product descriptions, however, Seller warrants only that the goods are free from defects in design (to the extent design is Seller's responsibility), materials and workmanship, and conform to the other requirements of this order. All other warranties, express, statutory and implied, including the warranties of merchantability and fitness for the intended purpose, are hereby excluded and disclaimed. Seller shall, at its expense and option, repair or replace any nonconforming goods. If, after notice, Seller fails to promptly correct the nonconformity, Aerojet may do so without further notice and Seller shall reimburse Aerojet for all costs thereof, or if Aerojet is unable to effect such repair or replacement, Seller shall promptly refund to Aerojet the full purchase price paid for all such products. Seller shall be responsible for consequential damages incurred as a result of its breach of this warranty, and not caused by the fault or negligence of Aerojet. These warranties will survive acceptance, payment and subsequent use or resale of the goods by Aerojet. No Exception To These Warranty Terms Shall Be Effective Unless Noted On The Face Of This Order.
WARRANTY OF GOODS. Seller warrants and covenants that all Goods: (a) will conform to the description or specifications furnished by Heraeus; (b) will be free from defects in materials, design and workmanship; (c) will be of merchantable quality for a period of not less than 365 days after delivery to Heraeus; and (d) will be delivered to Heraeus free and clear of any security interest, lien or encumbrance. The warranties under this Section 9.1 will survive delivery and cannot be deemed waived either by reason of Heraeus’s acceptance of or payment for Goods. Any deviation from the warranties under this Section 9.1 must be approved in writing by Heraeus.
WARRANTY OF GOODS. 11.1.1. In addition to conforming to the specifications contained in the Contract with respect to their quantity, quality, description and full compatibility with conditions prevailing in the final place of destination, the Contractor warrants that the Goods:
11.1.1.1. will be new and unused, free from defects, and will conform to their respective product specifications which are incorporated by this reference in the Contract;
11.1.1.2. are fit for the purposes for which such Goods are ordinarily used and for purposes made expressly known in writing in the Contract;
11.1.1.3. are free from any right or claim by any third-party and unencumbered by any title or other rights, including any liens or security interests and claims of infringement of any intellectual property rights. The Contractor will indemnify, defend and hold harmless the ILO from any actions or claims brought against the ILO pertaining to the alleged infringement of any such third-party rights;
11.1.1.4. are securely contained, packaged and marked, taking into account the modes of transport, in a manner so as to protect the Goods during delivery to their final destination; and
11.1.1.5. conform with all applicable technical, safety, health and environment protection standards or recommendations, including those relating to ILO conventions on safety andhealth.
11.1.2. Where the Contractor is not the original manufacturer of the Goods, the Contractor will provide the ILO with the benefit of all manufacturers’ warranties in addition to any other warranties required to be provided under the Contract.
11.1.3. With the exception of subparagraph 11.
WARRANTY OF GOODS. 34.1. Subrecipient warrants, represents and conveys full ownership and clear title, free of all liens and encumbrances, to the Goods delivered to the Department under the Contract. If not more specifically set out in the contract, Subrecipient warrants for a period of one (1) year that: (i) the Goods perform according to all specific claims that Subrecipient has made; (ii) the Goods are suitable for the ordinary purposes for which such Goods are used; (iii) the Goods are suitable for any special purposes identified by the Department; (iv) the Goods are
34.2. Notwithstanding the foregoing, any software portions of the Goods that Subrecipient licenses, contracts, or sells to the Department under the Contract, Subrecipient agrees that for a period of ninety (90) days from the date of the Department’s acceptance that the warranties listed in
34.3. Subrecipient warrants and represents that all services shall be performed in conformity with the requirements of the Contract by qualified personnel in accordance with generally recognized standards and conform to contract requirements.
