Warranty of Materials Sample Clauses

Warranty of Materials. In the case of defective material or equipment, any adjustment received by Contractor from the suppliers or manufacturers of such materials or their agents will be credited to the accounts under the Agreement. Contractor does not warrant any material.
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Warranty of Materials. The Operator does not warrant materials furnished beyond the supplier’s or manufacturer’s guarantee. In case of defective material claims, the Joint Account shall not be credited until adjustment has been received by the Operator from the manufacturers or their agents.
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Warranty of Materials. In the case of defective material or equipment, any adjustment received by Licensee from the suppliers or manufacturers of such materials or their agents will be credited to the accounts under the License.
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Warranty of Materials. The COMPANY warrants that all materials and equipment installed as part of the Work will be new unless otherwise specified, and that all work will be of good quality, free from faults and defects, and in conformance with the Project Documents. All work not so conforming to these requirements may be considered defective. If required by the CUSTOMER, the COMPANY shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by the provisions of paragraph 8.1 below. This warranty of materials, equipment and workmanship is separate from, independent of, and in addition to any other guarantees in this Agreement or any other warranties in this Agreement or required by the Project Documents.
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Warranty of Materials. The ESCO warrants that all materials and equipment installed as part of the work shall be new unless otherwise specified, and that all work shall be of good quality, free from faults and defects and in conformance with the Project Documents. All work not so conforming to these requirements may be considered defective. Defective work shall be replaced by the ESCO at the ESCO’s expense at the request of the University during the term of the warranty period. This warranty is not limited by the provisions of Section 8.1 herein. This warranty of materials, equipment and workmanship is separate from, independent of, and in addition to any other guarantees in this Agreement or any other warranties in this Agreement or required by the Project Documents.
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Warranty of Materials. Service Provider makes no warranty, express or implied, as to the materials installed or used as part of the Services. The manufacturer listed warranty applies to any such materials.
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Warranty of Materials. The ESCO warrants that all materials and equipment installed as part of the work shall be new unless otherwise specified, and that all work shall be of good quality, free from faults and defects and in conformance with the Project
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Warranty of Materials. A. Supplier warrants full, clear, and unrestricted title to all Materials sold or otherwise transferred to Company by Supplier in connection with this Contract (excluding Materials leased or rented to Company), free and clear of any and all liens, security interests, encumbrances and claims of others. Supplier warrants that it has the right to use all Materials leased or rented to Company. B. All Materials sold, leased, rented or otherwise furnished to Company by Supplier in connection with this Contract shall: (i) strictly conform to the applicable SOW’s and Order’s specifications; (ii) be new (unless otherwise specifically agreed to in an related SOW or Order), of merchantable quality and suitable for the use for which they are ordinarily employed and for purpose(s) intended by Company and disclosed to Supplier in advance of purchase, lease or use; (iii) conform with all applicable laws, ordinances, codes and regulations; and (iv) be free from defects in design, materials, performance, operation and workmanship for a period of 12 months after being placed into service by Company, unless otherwise expressly stated in a related SOW or Order. C. All Materials leased or rented to Company by Supplier in connection with this Contract shall be in good working condition throughout the rental period specified in the applicable SOW or Order (misuse by Company excepted). If any Materials leased or rented to Company by Supplier fail to operate per the specifications set forth in the applicable SOW or Order, or are otherwise inoperable through no fault of Company, Supplier shall promptly repair or replace such Materials at Supplier’s sole cost and expense, and shall waive all rental payments until such Materials are repaired or replaced. D. Unless otherwise set forth in a related SOW or Order, if any Material (or portions thereof) are found to be defective, nonconforming or unsuitable, whether before or after delivery and acceptance, Supplier shall on an expedited basis remove, replace, repair and/or correct, as applicable, the defective, nonconforming or unsuitable Material at Supplier’s sole risk and expense, including payment by Supplier to Company for all damages resulting therefrom notwithstanding any other provision contained in this Contract or the MSA, without additional cost or risk to Company. E. Any Material that is repaired or replaced pursuant to this Provision shall be subject to the same warranties and remedies as new Material. F. In addition to the wa...
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Related to Warranty of Materials

  • Supply of Materials The following materials will be supplied by the department Name of Materials Rate. Place of delivery 1.

  • Quality of Materials and workmanship The Contractor shall ensure that the Construction, Materials and workmanship are in accordance with the requirements specified in this Agreement, Specifications and Standards and Good Industry Practice.

  • Review of Materials During the term of this Agreement, Client shall ensure that all prospectuses, statements of additional information, registration statements, proxy statements, reports to shareholders, advertising and sales literature or other materials prepared for distribution to Fund shareholders or the public, which refer to the Subadviser in any way, prepared by employees or agents of Client or its affiliates are consistent with information previously provided by Subadviser. Subadviser shall promptly notify the Client of any changes to information pertaining to the Subadviser and stated in the materials described in this Section 6(g).

  • 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.

  • Removal of Materials If you decide you would like to remove your Materials from the Service, you may provide written notice to Prime Publishing by either deleting the image through the Prime Publishing interface or by contacting Prime Publishing customer service, and Prime Publishing will remove such Materials from the Service within a reasonable period of time. 5) License for Name, Trademarks and Likenesses. You hereby grant to Prime Publishing, its Affiliates and sublicensees a nonexclusive, worldwide, royalty-free license to use all trademarks, trade names, and the names and likenesses of any individuals that appear in the Materials. You grant Prime Publishing, its Affiliates and sublicensees the right to use the name that you submit in connection with the Materials. 6) Specifications and Guidelines. You agree to submit Materials to us in accordance with all guidelines for use of the Service posted on the Prime Publishing web site or of which you are otherwise notified ("Guidelines"), as these Guidelines may be changed in the future. 7)

  • Use of Materials There should be no limitations or restrictions by Union upon a Contractor's choice of materials or design, nor, regardless of source or location, upon the full use and utilization, of equipment, machinery, packaging, precast, prefabricated, prefinished, or preassembled materials, tools or other labor saving devices, subject to the application of the California Public Contract and Labor Codes. Generally, the onsite installation or application of such items shall be performed by the craft having jurisdiction over such work.

  • Disclaimer of Implied Warranties The warranty set forth herein is in lieu of, and ‘Reseller’ expressly disclaims all other product warranties of any kind whatsoever whether express, implied, statutory, arising by course of dealing or performance, custom, usage in the trade or otherwise, any warranty of merchantability, or fitness for a particular purpose, and in any event no such implied warranty has applicability beyond the time period covered by this warranty.

  • Limited Warranty Seller warrants to Customer for a period of twelve (12) months following delivery only that (a) the Products shall conform to the description and specifications, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATES.

  • No Improper Use of Materials During his or her employment with the Company, Employee will not improperly use or disclose any Confidential Information or trade secrets, if any, of any former employer or any other person to whom Employee has an obligation of confidentiality, and Employee will not bring onto the premises of the Company any unpublished documents or any property belonging to any former employer or any other person to whom Employee has an obligation of confidentiality unless consented to in writing by that former employer or person.

  • WARRANTY OF TITLE TO GAS 1. Seller warrants the title to all gas delivered hereunder and the right to sell the same and that such gas shall be free and clear from all liens and adverse claims.

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