Common use of WARRANTY OF GOODS Clause in Contracts

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 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 ’s samples, specifications or product descriptions, Seller warrants that the goods are free from defects in design (to the extent design is Seller's ’s responsibility), and materials and workmanship, will be merchantable and fit for the intended purpose if Seller has supplied to Aerojet's ’s stated purpose, and conform to Seller's ’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 ’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 ’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.