Common use of WARRANTY OF GOODS Clause in Contracts

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.

Appears in 6 contracts

Samples: Prepaid Mental Health Plan Contract, Prepaid Mental Health Plan Contract, Prepaid Mental Health Plan

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WARRANTY OF GOODS. 33.135.1. Subrecipient 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, Subrecipient Contractor warrants for a period of one (1) year that: (i) the Goods perform according to all specific claims that Subrecipient Contractor has mademade in its Proposal to the Solicitation; (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 in the DepartmentProposal and Solicitation; (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. 33.235.2. Notwithstanding the foregoing, any software portions of the Goods that Subrecipient Contractor licenses, contracts, or sells to the Department under the Contract, Subrecipient 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 34.1 apply to the software portions. 33.335.3. Subrecipient 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.

Appears in 4 contracts

Samples: General Provisions, General Provisions, General Provisions

WARRANTY OF GOODS. 33.131.1. Subrecipient To the extent that the Contract provides for the sale of Good manufactured by Contractor, 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, Subrecipient Contractor warrants for a period of one one (1) year that: (i) the Goods perform according to all specific claims that Subrecipient 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. 33.231.2. Notwithstanding the foregoing, any software portions of the Goods that Subrecipient Contractor licenses, contracts, or sells to the Department under the Contract, Subrecipient 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. 33.331.3. Subrecipient 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.

Appears in 1 contract

Samples: Contract

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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.in 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.

Appears in 1 contract

Samples: Prepaid Mental Health Plan Contract

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