QUALITY OF GOODS. 5.1 Voip Unlimited warrants that on delivery, the Goods shall:
(a) conform in all material respects with the Goods Specification;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by Voip Unlimited.
5.2 Subject to clause 5.3, if:
(a) the Customer gives notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1;
(b) Voip Unlimited is given a reasonable opportunity of examining such Goods; and
(c) the Customer (if asked to do so by Voip Unlimited) returns such Goods to Voip Unlimited's place of business at Voip Unlimited's cost, Voip Unlimited shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
5.3 Voip Unlimited shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 if:
(a) the Customer makes any further use of such Goods after giving a notice in accordance with clause 5.2;
(b) the defect arises because the Customer failed to follow Voip Unlimited's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;
(c) the defect arises as a result of Voip Unlimited following any drawing, design or Goods Specification supplied by the Customer;
(d) the Customer alters or repairs such Goods without the written consent of Voip Unlimited;
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions;
(f) the Goods differ from the Goods Specification as a result of changes made to ensure they comply with applicable statutory or regulatory standards.
5.4 Except as provided in this clause 5, Voip Unlimited shall have no liability to the Customer in respect of the Goods' failure to comply with the warranty set out in clause 5.1.
5.5 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by Voip Unlimited under clause 5.2.
QUALITY OF GOODS. The firm will be entirely responsible for quality of supplied goods/ materials. The supplier should replace the rejected/ damaged stores within 07 days, failing which penalty will be imposed 0.5% per week of the total ordered value shall be levied subject to maximum of 10 % of the total ordered value by the Institute.
QUALITY OF GOODS. Party A guarantees that the quality of the goods supplied by Party A meets the national standards, industry standards or Party A's ex-factory qualification standards, and meets the standards defined in the instructions attached to the goods.
QUALITY OF GOODS. Contractor represents and warrants that any goods sold pursuant to this Master Contract shall be merchantable, shall conform to this Master Contract and Purchaser’s Purchase Order, shall be fit and safe for the intended purposes, shall be free from defects in materials and workmanship, and shall be produced and delivered in full compliance with applicable law. Contractor further represents and warrants it has clear title to the goods and that the same shall be delivered and the services provided free of liens and encumbrances and that the same do not infringe any third party patent. Upon breach of warranty, Contractor will repair or replace (at no charge to Purchaser) any goods whose nonconformance is discovered and made known to the Contractor. If, in Purchaser’s judgment, repair or replacement is inadequate, or fails of its essential purpose, Contractor will refund the full amount of any payments that have been made. The rights and remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or equity, including, without limitation, actual damages, and, as applicable and awarded under the law, to a prevailing party, reasonable attorneys’ fees and costs.
QUALITY OF GOODS i. In case the quality of goods supplied are not in conformity with the standard given in tender and as per the samples supplied or the supplies are found defective at any stage these goods shall immediately will be taken back by the supplier and will be replaced with the tender quality goods, without any delay.
ii. The Purchase Committee reserves all right to reject the goods, if the same are not found in accordance with the required description / specifications and liquidates damages shall be charged.
iii. Supply should be made from the latest batch of production with maximum life period & original packing.
iv. Material shall be delivered at the AIIMS, Jodhpur with remaining Shelf-Life of at least 75% of the Stipulated Total Shelf-Life from the date of manufacturing of that product.
QUALITY OF GOODS. 5.1 Voip-Unlimited warrants that on delivery the Goods shall:
(a) conform in all material respects with the Goods Specification;
(b) be free from material defects in design, material and workmanship;
(c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and
(d) be fit for any purpose held out by Voip-Unlimited.
5.2 Subject to clause 5.3, if:
(a) the Reseller gives notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 5.1;
(b) Voip-Unlimited is given a reasonable opportunity of examining such Goods; and
(c) the Reseller (if asked to do so by Voip-Unlimited) procures the return of such Goods to Voip-Unlimited's place of business at Voip-Unlimited's cost, Voip-Unlimited shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full.
QUALITY OF GOODS. 6.1 Fine Iron warrants that on delivery, and for a period of 12 months from the date of delivery (warranty period), the Goods shall be free from material defects in design, material and workmanship.
6.2 Subject to clause 6.3, Fine Iron shall, at its option, repair or replace the defective Goods, or refund the price of the defective Goods in full if:
(a) the Customer gives notice in writing during the warranty period within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 6.1;
(b) Fine Iron is given a reasonable opportunity of examining such Goods; and
(c) the Customer (if asked to do so by Fine Iron) returns such Goods to Fine Iron's place of business at the Customer’s cost.
6.3 Fine Iron shall not be liable for the Goods’ failure to comply with the warranty in clause 6.1 if:
(a) the Customer makes any further use of such Goods after giving a notice in accordance with clause 6.2 (to the extent possible);
(b) the defect arises because the Customer failed to follow Fine Iron's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;
(c) the defect arises as a result of Fine Iron following any drawing, design or Goods Specification supplied by the Customer;
(d) the Customer alters or repairs such Goods without the written consent of Fine Iron; or
(e) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
6.4 Except as provided in this clause 6, and subject to the Customer being a business, Fine Iron shall have no liability to the Customer in respect of the Goods’ failure to comply with the warranty set out in clause 6.1.
6.5 If the Customer is a consumer within the meaning of the Consumer Contract Regulations 2013, the provisions contained in this clause 6 shall not affect the Customer’s statutory rights.
6.6 The terms of these Conditions shall apply to any repaired or replacement Goods supplied by Fine Iron.
QUALITY OF GOODS. 5.1 CLAAS warrants that on delivery, the Goods shall:
5.1.1 be free from defects in material and workmanship for a period of twelve (12) months;
5.1.2 fifteen (15) months after transfer of risk of loss the warranty rights shall expire and lapse. .
5.2 The Customer may reject any Goods delivered to it that do not comply with clause 5.1, provided that:
5.2.1 notice of rejection is given to CLAAS:
5.2.1.1 in the case of a defect that is apparent on normal visual inspection, within 48 hours of delivery;
5.2.1.2 in the case of a latent defect, within a reasonable time of the latent defect having become apparent but no later than 3 months from the date of delivery; and;
5.2.1.3 none of the events listed in clause 5.5 apply.
5.3 If the Customer fails to give notice of rejection in accordance with clause 5.2, it shall be deemed to have accepted these Goods.
5.4 Subject to clause 5.55.5, CLAAS shall, at its option, repair or replace the defective Goods (excluding the cost of labour), or provide credit to the Customer equal to the price of the defective Goods in full if:
5.4.1 the Customer gives notice in writing in accordance with clause 5.2 and, if the defect occurs within the warranty period ahead of the period described in 5.2 by use of the prescribed warranty claim procedure;
5.4.2 CLAAS is given a reasonable opportunity of examining such Goods;
5.4.3 the Customer (if asked to do so by CLAAS) returns such Goods to CLAAS' place of business at the Customer's cost; and
5.4.4 (where the Goods are not manufactured by CLAAS) CLAAS itself has redress against the Manufacturer or supplier of the defective Goods except where the Goods are defective by reason of the negligence of an employee of CLAAS.
5.5 CLAAS shall not be liable for the Goods' failure to comply with the warranty in clause 5.1 if:
5.5.1 the defect arises because the Customer failed to follow CLAAS' or the Manufacturer’s oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or (if there are none) good trade practice;
5.5.2 the defect arises as a result of CLAAS following any drawing, design or Goods Specification supplied by the Customer;
5.5.3 the Customer alters or repairs such Goods without the written consent of CLAAS;
5.5.4 the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions; or
5.5.5 the Goods differ from the Goods Specification as a result of changes made to ensure they comply with appl...
QUALITY OF GOODS. 3.1 Supplier warrants that on delivery, and for a period of twelve (12) months from the date of shipment (“Warranty Period”), the Goods shall: (a) meet in all material respects the applicable specification. The specification applicable to the Goods shall be Supplier’s standard specification for the Goods or, in the case of items other than Supplier's standard Goods, such specification as agreed to in writing by Supplier and Purchaser; (b) be free from material defects in workmanship; and (c) be free from title defects.
3.2 Purchaser’s sole remedy in respect of any alleged defect in the Goods shall be a claim for breach of the warranty under this Section. THE SOLE AND EXCLUSIVE REMEDY OF PURCHASER FOR A BREACH OF SUPPLIER’S WARRANTY HEREUNDER SHALL BE THE REPAIR, REPLACEMENT OR REFUND, AT SUPPLIER’S OPTION, OF ANY DEFECTIVE OR NON-CONFORMING GOODS, PROVIDED THAT PURCHASER MEETS ITS OBLIGATIONS PURSUANT TO SECTION 3.3.
QUALITY OF GOODS. Licensee agrees to maintain the quality of goods sold under the Trademarks commensurate with the business position of the parties involved. Licensor reserves the right, upon reasonable notice, to enter the premises of Licensee and inspect the quality of goods manufactured, sold and/or distributed by Licensee under the Trademarks to insure that the quality of said Licensed Goods is maintained. Licensee agrees to allow Licensor's authorized agents to inspect said Licensed Goods manufactured, sold and/or distributed by Licensee under the Trademarks at any time desired by Licensor upon reasonable notice and during Licensee's regular business hours. In the event that Licensor shall find that the quality of the Licensed Goods has not been maintained by Licensee as required in this Paragraph 3 above, Licensor shall notify Licensee in writing of any such dissatisfaction with the quality of said Licensed Goods and Licensee shall have thirty (30) days in which to bring the quality of such Licensed Goods up to a level reasonably satisfactory to Licensor. If Licensor's complaints are such that a remedy or cure cannot reasonably be completed within said thirty (30) day period, then Licensee shall commence to cure such dissatisfaction within such thirty (30) period and shall thereafter diligently and continuously take all reasonable steps to effect such cure or remedy. In the event that Licensee shall fail to perform its obligation to maintain the quality of any Licensed Goods and shall fail to cure such failure as hereinabove provided, Licensor shall have the right to terminate or suspend Licensee's right to manufacture, sell and/or distribute such Licensed Goods so long as the quality thereof shall be below acceptable standards, but nothing herein shall be deemed to terminate, suspend or otherwise affect Licensee's continued right to manufacture, sell and/or distribute any other Licensed Goods which shall be of a quality which is consistent with Licensee's obligations hereunder.
