Warranties and Remedies. The Supplier warrants that for a period of 12 months after acceptance of the Goods: a) the Goods are of good quality and free from defects in design and workmanship, b) the Goods are manufactured with only new and unused materials; c) the Goods correspond exactly with the requirements of the Agreement and the reasonable expectations of Sioux regarding the characteristics, quality and reliability of the Goods. In the event of a breach of warranty the Supplier shall, during the warranty period, repair or replace, at Sioux’ discretion, the defective Goods free of charge. Sioux shall notify the Supplier of a warranty issue as soon as possible, and at least within 14 calendar days of discovery of the defect, in writing. Goods repaired or replaced within the warranty period, assume the remainder of the original warranty period, or are warranted for a 6 months period, whichever period is longer. Defects caused by unauthorized modifications, use or improper installation of the Goods by, or on behalf of Sioux shall not be considered a breach of warranty. The Supplier warrants that it performs Services using the duty of care as set out in article 3 and according to the description (including any completion criteria) stated in the PO. The remedy for breach of the warranty for Services shall be re-performance by the Supplier, without charge, of the defective part of the Services. The Supplier warrants it shall comply with all privacy and data protection laws and regulations applicable to its Services or Goods.
Warranties and Remedies. 15.1 Supplier warrants that the Deliverables will: (i) strictly conform to the drawings, specifications, samples (if any), and other requirements referred to in the Agreement or specified by Buyer; (ii) be of merchantable quality and suitable for the purposes intended; (iii) conform with all applicable laws and regulations; (iv) be free and clear of all liens, security interests or other encumbrances; (v) not infringe or misappropriate any third party's patent or other Intellectual Property Rights; and (vi) be free from defects in materials, design, performance, operation, and workmanship, for a period of twenty-four (24) months after being placed in service by Buyer or forty-eight (48) months from delivery to Buyer, whichever period expires earlier.
Warranties and Remedies. 6.1 MicroStrategy warrants that:
Warranties and Remedies. Seller expressly warrants that all goods, equipment, supplies, materials, parts, (collectively, “Goods”), services and work covered by this Contract will conform to the specifications, drawings, samples or other description furnished or adopted by Buyer, and will be merchantable, of good design, material and workmanship, fit for the purpose intended and free from defect. Such warranties shall survive inspection, test, acceptance and payment. Xxxxxx agrees to indemnify, defend and hold Xxxxx harmless from all claims, liability, loss, damage and expense, including attorney fees, incurred or sustained by Buyer by reason of any breach of such warranties. All Goods, services and work are subject to inspection by Xxxxx. Buyer, regardless of when payment is made, and without prejudice arising from any prior delivery and acceptance under this Contract, in addition to its other rights, reserves the right to reject any part of the Goods, services or work which does not conform to this Contract, and receive a corresponding adjustment in the purchase price or require prompt correction or replacement thereof at Seller’s expense, including transportation charges, for both any return or new product, and labor costs. Buyer shall have the right to set-off any amount owing from Seller to Buyer against any amount payable at any time by Buyer to Seller. Seller warrants that title to all Goods shall be free and clear of all liens, claims, security interests, encumbrances, or other defects of title. Seller shall not permit or suffer any lien or encumbrance to exist on or against the Goods and materials, or portions thereof, by any person or entity claiming by, through or under Seller, its subcontractors or suppliers. If any such lien or encumbrance is filed or imposed, Seller shall immediately cause such lien to be discharged within five (5) days of its receipt of such lien notification. In the event Seller fails to achieve the foregoing, Xxxxx will have the right but not the obligation to pay all costs, including attorney’s fees and other administrative costs incurred, to obtain a release and discharge of such lien and Seller will be liable for such costs. Seller shall indemnify, defend and hold Buyer harmless from and against all claims arising out of such liens and/or encumbrances. The rights and remedies of Buyer and the warranties of Seller set forth in this Contract shall not be exclusive and are in addition to any other rights, remedies and warranties provided by law or ...
Warranties and Remedies. Seller warrants that Products delivered ----------------------- hereunder will, in all material respects, conform to the quality specifications set forth in Section 12 of the Agreement, and that it shall deliver good and clear title to the Products. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, THE FOREGOING SHALL BE SELLER'S SOLE WARRANTY WITH RESPECT TO THE PRODUCTS SUPPLIED HEREUNDER. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. SELLER'S SOLE LIABILITY AND BUYER'S SOLE REMEDY FOR NONCONFORMING PRODUCT, WHETHER BASED UPON NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, OR ANY OTHER THEORY OF RECOVERY, SHALL BE LIMITED TO THE REMEDIES PROVIDED IN SECTION 12 OF THE AGREEMENT. SELLER SHALL NOT, IN ANY CASE, BE LIABLE FOR (i) SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING CLAIMS FOR LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, DOWNTIME OR CLAIMS BY BUYER'S CUSTOMERS OR (ii) DAMAGES FOR BODILY INJURY OR PROPERTY DAMAGE. ANY REPRESENTATIONS OR WARRANTIES MADE BY ANY PERSON, INCLUDING EMPLOYEES OR REPRESENTATIVES OF SELLER, WHICH ARE INCONSISTENT HEREWITH, SHALL NOT BE BINDING UPON SELLER.
Warranties and Remedies. With respect to Exhibit D, LIMITED WARRANTIES AND REMEDIES, the following additional terms shall apply:
Warranties and Remedies. 6.1 Mersen warrants that all Goods will be free from defects in design (unless such design is provided or requested by Buyer), material, and workmanship for a period of twelve (12) months from the date of delivery unless indicated otherwise in Mersen’s offer (“Warranty Period”). Notwithstanding the foregoing, Mersen’s warranty for any tools, accessories or goods, which are not manufactured by Mersen but sold by Mersen in connection with the provision of the Goods or Services hereunder, shall not exceed the terms and period of warranty granted by its suppliers or manufacturers to Mersen. Mersen warrants to Buyer that it shall perform the Services using personnel of required skill, experience and qualifications in accordance with generally recognized industry standards for similar services.
Warranties and Remedies. 8.1 The repair or replacement of Equipment and the correction of defective installation Services shall be warranted for a period of /***/ days or the remainder of the original Warranty Period whichever is longer.
Warranties and Remedies. End-User understands that CSI obtains the information reported in its information products from various third party sources. CSI makes no representation or warranty whatsoever, express or implied, including but not limited to, implied warranties of merchantability or fitness for particular purpose, or implied warranties arising from the course of dealing or a course of performance with respect to the accuracy, validity, or completeness of any information products and/or consumer reports, except to the extent CSI complies with the Fair Credit Reporting Act Section 607(b) [15 U.S.C. § 1681e] and Section 613(a)(2) [15 U.S.C. § 1681k], makes no representation or warranty that the information products will meet End-User’s needs, or will be provided on an uninterrupted basis; CSI expressly disclaims any and all such representations and warranties. CSI will not be liable for any indirect, incidental, consequential, or special damages for loss of profits, whether incurred as a result of negligence or otherwise, even if CSI has been advised of the possibility of such damages. CSI nevertheless agrees to be responsible for actual damages to the extent of and maximum stated herein for third party claims directly resulting from CSI’s sole negligence in assembling the consumer report. CSI’s maximum aggregate liability for damages in this regard shall not exceed an amount equal to the price paid by End-User to CSI for the consumer report at issue. CSI does not guarantee End-User’s compliance with all applicable laws in its use of reported information, and makes no effort to provide compliance related services in connection with its furnishing of reports. End-User understands that any sample notices or forms or conversation or communication with CSI’s representatives regarding sample notices or forms or searches, verifications or other services offered by CSI are not to be considered a legal opinion regarding such use. End-User agrees that CSI is not acting as End-User’s counsel and cannot provide legal advice to End-User. End-User agrees that it will consult with its own legal or other counsel regarding employment screening specific to End-User’s needs, including but not limited to policies, procedures, adverse action, disclosures, forms, notices and other responsibilities related to the procurement or use of consumer reporting agency-provided information in compliance with applicable federal, state, local and international laws. End-User certifies that it has reviewed a...
Warranties and Remedies. Unless otherwise specified on the face hereof, Seller warrants to Buyer that the Product will, at the time of delivery, conform to the quality parameters or Specifications identified on the face hereof; that it will convey good title to Product delivered hereunder; and that Product shall be delivered free from any lawful security interest, lien or encumbrance (the “Warranty”). Seller makes no other representation or warranty of any kind with respect to the Product, whether used alone or in combination with other materials. ANY OTHER WARRANTY, CONDITION, REPRESENTATION OR TERM WHICH MIGHT OTHERWISE BE IMPLIED INTO OR INCORPORATED IN THIS AGREEMENT OR ANY COLLATERAL CONTRACT, WHETHER BY STATUTE, OR OTHERWISE, IS HEREBY EXPRESSLY EXCLUDED to the full extent permitted by law. In the event of a breach of the Warranty by Seller, Xxxxx’s sole remedies shall be, at Buyer’s option, either: (i) a refund to Buyer of the purchase price paid by Buyer for non-conforming Product and the transportation costs incurred by Buyer in transporting the Product to Buyer’s facility or, at Buyer’s request, credit to Xxxxx’s account of the amount of said price or (ii) replacement of the non- conforming Product with conforming Product. Alternatively, Xxxxx and Seller may, on a case by case basis, mutually agree in writing to waive the requirement for the Product to conform to the Warranty in exchange for a price adjustment. If Buyer elects to replace the non-conforming Product, then Seller shall be liable for the reasonable costs involved in obtaining and shipping the replacement Product; provided, however, that Seller shall have the right to make the arrangements on behalf of Buyer for replacement of non- conforming Product. Upon Seller’s request, Buyer shall return the non- conforming Product to Seller or otherwise dispose of the non-conforming Product, which is the subject of the refund, credit or replacement, with any reasonable costs incurred by Buyer in connection with such return or disposition to be for Seller’s account. Xxxxx must notify Seller in writing of any claim for an alleged breach of Warranty within ninety (90) days of Buyer’s receipt of Product. After expiration of such ninety (90) day period, Xxxxx will not be entitled to any of the remedies provided herein if Seller has not been notified in writing of an alleged breach of Warranty.
