Guarantee Clausole campione

Guarantee. Where the Issuer is BNPP B.V., subject as provided below and in the relevant Guarantee, BNPP has unconditionally and irrevocably (a) guaranteed to each Holder all obligations of the Issuer in respect of such Holder's Certificates as and when such obligations become due and (b) agreed that if and each time that the Issuer fails to satisfy any obligations under such Certificates as and when such obligations become due, BNPP will not later than five Paris Business Days (as defined in the relevant Guarantee) after a demand has been made on BNPP pursuant to clause 10 thereto (without requiring the relevant Holder first to take steps against the Issuer or any other person) make or cause to be made such payment or satisfy or cause to be satisfied such obligations as though BNPP were the principal obligor in respect of such obligations provided that (i) in the case of Physical Delivery Certificates, notwithstanding that the Issuer had the right to vary settlement in respect of such Physical Delivery Certificates in accordance with Condition 7(C) and exercised such right or failed to exercise such right, BNPP will have the right at its sole and unfettered discretion to elect not to deliver or procure delivery of the Entitlement to the Holders of such Physical Delivery Certificates, but in lieu thereof, to make payment in respect of each such Physical Delivery Certificate of an amount calculated by BNPP in its sole and absolute discretion equal to the Cash Settlement Amount that would have been payable upon redemption of such Certificates assuming they were Cash Settled Certificates calculated pursuant to the terms of the relevant Final Terms, or in the case of lack of liquidity of the underlying, the fair market value of such Certificate less the costs of unwinding any underlying related hedging arrangements (the "Guaranteed Cash Settlement Amount") and (ii) in the case of Certificates where the obligations of the Issuer which fail to be satisfied by BNPP constitute the delivery of the Entitlement to the Holders, the BNPP B.V. Guarantor will as soon as practicable following the failure by the Issuer to satisfy its obligations under such Certificates deliver or procure delivery of such Entitlement using the method of delivery specified in the applicable Final Terms provided that, if in the opinion of BNPP, delivery of the Entitlement using such method is not practicable by reason of (x) a Settlement Disruption Event (as defined in Condition 7(B)(5)) or (y) if "Failu...

Guarantee. 8.1 The Supplier shall guarantee conformity of the products supplied, which shall mean that they are without defects in their materials and/or processing and that they correspond to the provisions of the specific contract agreed to by both parties. 8.2 The duration of the guarantee shall be twelve months counting from the delivery of the products and, for substituted products or components, from the day of their substitution.

Guarantee. Where the Issuer is BNPP B.V. or BP2F, subject as provided below and in the relevant Guarantee, the relevant Guarantor has unconditionally and irrevocably (a) guaranteed to each Holder all obligations of the Issuer in respect of such Xxxxxx'x W&C Securities as and when such obligations become due and

Guarantee. ENGLISH a) In business relationships or in case of products sold for professional use, this warranty is limited to the repair or replacement of product parts that FRATELLI COMUNELLO SPA acknowledges as defective, through equivalent re- manufactured Products (the “Conventional Warranty”); the warranty does not include the costs necessary for repairing or replacing the material (e.g. labour costs, rental of equipment etc). b) The provisions contained in articles 1490 to 1495 of the Italian Civil Code shall not apply. c) FRATELLI COMUNELLO SPA warrants the proper operation of the products within the limits indicated in a) above. Unless otherwise agreed, the validity of the Conventional Warranty is 36 (thirty-six) months from the production date, which can be found on the products. The Warranty shall be effective and binding on COMUNELLO only if the product has been correctly installed and maintained in accordance with the installation and safety rules set out in the documentation provided by COMUNELLO or otherwise available on the website xxxx://xxx.xxxxxxxxx.xxx/ corporate/ general_conditions_sales/ d) The warranty does not cover: failures or damage caused by transport; failures or damage caused by defects in the electrical system of the buyer and/or by carelessness, negligence, inadequate or abnormal use of such system; failure or damage due to tampering carried out by unauthorized personnel or due to incorrect use / installation (in this regard, system maintenance at least every six months is recommended) or the use of non-original spare parts; defects caused by chemical agents and/or atmospheric phenomena. The warranty does not cover the cost of consumables; in any event, COMUNELLO shall be entitled to a consideration for the work performed at the Customer, where such work proves useless as the warranty did not apply or because the customer had used the Comunello product in a negligent, reckless or incompetent manner, such that the proper use of the product could have avoided the work.

Guarantee. The Seller guarantees that the Products are faultless and flawless. The guarantee falls within the limits of Art. 1495 of the Italian Civil Code and is subject to the further limitations set out in this article and to the Raccolta Pro- vinciale degli Usi 2005 (provincial compilation of customs for 2005) drafted by the Chamber of Commerce of Modena for the ceramics industry, as well as the customary tolerances. Any specification of weights, sizes, dimensions, colours, shades, and other data contained in the Seller’s catalogues, brochures, and folder are illustrative only and in no way binding. In any case, the Seller’s guarantee is limited to first class products only, i.e. those - according to the aforesaid provincial compilation of cus- toms for 2005 issued by the Modena Chamber of Commerce for ceramic materials - with a percentage of faulty tiles not exceeding 5%, and solely for the part exceeding this percent- age, while the guarantee is expressly excluded for Products from any other quality class. Any tonal differences with respect to the shade agreed cannot be claimed to be a fault in the Products and, more specifically, non-compli- ance with any samples provided to the Buyer by the Seller will not constitute a fault. Upon receipt of the Products, the Buyer is re- quired to perform a thorough visual inspection thereupon in accordance with the instructions set out in section 9 of standards UNI EN ISO 10545-2. In the event that the Buyer finds faults in the Products, the former must file a complaint to the Seller in writing within eight (8) days of re- ceipt thereof and keep the entire consignment of material at the Seller’s disposal. Failure to comply herewith will result in forfeiture of the guarantee.The complaint must contain the rel- ative invoicing data and a detailed description of the claimed fault, accompanied, where pos- sible, by photographs. If the complaint should prove to be unfounded, the Buyer must make good to the Seller the expenses incurred for any inspection activities performed (apprais- als, travel, etc.). Hidden faults must be reported to the Seller in writing within eight (8) days of the date of dis- covery thereof and failure to comply herewith will result in forfeiture of the guarantee. In any case, the Buyer’s action to exercise the guarantee for faults must take place within 12 (twelve) months as of the date on which the Products were delivered. If the faults reported by the Buyer are con- firmed, the Seller will replace the ...

Guarantee. 8.1 The Supplier guarantees the conformity of the products supplied, meaning that the products are free from defects in materials and / or workmanship and are in conformity with what is established in the specific contract agreed to by the parties. 8.2 The warranty period is for twelve months starting from the delivery of the product. For product or part replacement, the warranty begins from the day of replacement. 8.3 The Purchaser, no later than 8 days after delivery for obvious defects and not later than 8 days after discovery for those hidden, must report in writing the existence of the defect. Under such condition, the Supplier, within the period provided above under 8.2. will, at his choice - repair or replace the products or parts found to be defective. The Supplier shall only be required to replace or repair defective products to the exclusion of any other warranty, performance and liability for damages of any nature suffered by the Purchaser. In particular, the Supplier will not be responsible for any loss of profit, or for delay in delivery of the Purchaser’s work, or for costs associated with installation or removal of the defective goods.

Guarantee. The Guarantor has given an unconditional and irrevocable guarantee dated 19 June 2012 (the Guarantee) for the due and punctual payment of principal of, and interest on, and any other amounts expressed to be payable under the Certificates and/or the due and punctual physical delivery of securities deliverable under or in respect of the Certificates for the benefit of the Holders.

Guarantee. The product is intended for professional use or for commercialization. The seller. guarantees the devices against material and constructional defects for a period of 12 months, starting from the date of dispatch from their warehouse. The product is guarantee for one year (12 months) starting from the date of purchase, based on the date on the transport document shipping/ invoice. Manufacturing defects, apparent at time of delivery, should be reported in writing within 72 hours from receipt. The warranty is applicable only to the original purchaser of the seller’s product and it is not transferable. During this time the seller undertake to repair or substitute free any parts which, according to their incontestable judgment, exhibit manufacturing defects, free of charges, if the device is delivered to the company. Replaced defective parts become the property of the seller In case of irreparable defects, the seller can avoid withdrawal from the contract by the Customer by offering the free replacement of the goods. The guarantee does not extend to: - O-rings and gaskets in generals, or consumable materials and/or those subject to the wear/consumption. - Cost resulting from demounting and mounting from the user machine. - Unauthorized intervention involving modification and/or demounting, or any tampering with the product. - Incorrect application of the installation rules resulting in damage to the product. - Faulty parts resulting from transport/impact, bad or incorrect installation/start up, neglect or bad use, tampering, damage from atmospheric agents or other natural events for any other causes over which the seller has not no control. - The warranty does not cover products assembled in an improper or negligent manner, any kind of tampering or damage caused to same by other user equipment. In particular, the seller is relieved of all liability for damages to person or objects caused during or as a result of the improper use of its products as outlined above. - The seller’s warranty policy does not provide for refund or credit for the defective material; specifically the seller shall not be held responsible under any circumstances for loss of profit, costs of disassembly and assembly of the products, not for any damages connected with such operation, not for any cost related to the fitting of the repaired or replaced products, including losses of earnings related to machine being temporarily out of service. Any further or additional claims for damage are ex...

Guarantee. 12.1. In agreement with the contents of its Warranty Conditions, Jacuzzi Europe S.p.A. guarantees for the period stated by the norms in force in the individual countries of the European Union, the absence of defects in conformity for their appliances, provided that they are used for non-commercial and non- professional purposes by the final consumer (private consumer). In countries that are not part of the European Union the guarantee and consequential intervention that are necessary to eliminate any defects in conformity of appliances will be the entire and final responsibility of the purchaser (retailer), who will have to organize technical assistance, unless other written agreements are made with Jacuzzi Europe S.p.A. 12.2. The guarantee is valid only if installation of the appliance is carried out strictly in accordance with the instructions and requirements stated in the Jacuzzi Europe S.p.A. documentation. If it is installed in a way that does not guarantee total and easy access (for example, surrounding it by a wall), the purchaser (if responsible) or the final consumer, or whoever is responsible on their behalf, will be liable for any removal, re-positioning and related expenses. The guarantee is no longer valid if components or other parts of the appliance are altered from the original state at the time of supply. 12.3. Total or partial replacement of the appliance, (even with similar products), will not be carried out if considered impossible, or if this should entail unreasonable expense for Jacuzzi Europe S.p.A. in comparison with repair, also taking into account costs related to replacement of the appliance and the inconvenience caused for the final consumer. 12.4. The guarantee is not valid is there is non-compliance due to causes that are not attributable to Jacuzzi Europe S.p.A. For example: bad or careless maintenance of the appliance or its alteration or modification, different use to that stated in the instruction manual, the use of non-original spare parts, damage during transport that is not notified as required by law or caused by unauthorized freight car- riers, inefficiency or non-conformity of the electric or water supply systems, lightning and exceptional atmospheric events, or any type of anomaly that is not due to defects in the conformity of the appliance. 12.5. The Jacuzzi Europe S.p.A. network of technical service centres is authorized by the purchaser (retailer) to make the guarantee valid for the final consumer, even if the...

Guarantee. 5.1 The guarantee period of each of the PRODUCTS is 12 months from delivery and ceases at the end of the term even if the PRODUCTS have not been, for whatever reason, put into service. 5.2 During this period, the SELLER undertakes to repair or replace for free as soon as possible those parts which, due to bad quality of the material or due to defect in workmanship or imperfect assembly, prove to be defective, as long as this does not depend on natural wear and tear, failures caused by incompetence or negligence on the part of the BUYER, overloads beyond the contractual limits, unauthorised interventions, tampering carried out by the BUYER and fortuitous events or force majeure. 5.3 The SELLER does not assume any guarantee if it is necessary to ship machines dismantled in pieces or not fully assembled at its factory in S. Giorgio di Piano. Prompt intervention under guarantee by the SELLER remains subject to the compliance with the payment conditions by the BUYER. If anything needs to be inspected or replaced, it must be returned to the SELLER’S factory free of charges. Nothing will be due to the BUYER for the time during which the plant will remain idle, nor will the BUYER be entitled to claim compensation for expenses, direct or indirect damages of any nature resulting from repairs or replacement under guarantee. Any replaced part remains property of the SELLER. 5.4 All transports relating to operations carried out under guarantee take place at the expense, risk and danger of the SELLER. Materials and parts subject to continuous wear and tear are excluded from the guarantee. 5.5 For the parts that the SELLER has purchased from other suppliers, the BUYER will be owed the guarantees given to the SELLER by such suppliers. 5.6 Any defects in the PRODUCTS must be reported within 8 days of discovery. 5.7 Any other obligation of the SELLER for deficiency or damage, which is not contemplated above, is explicitly excluded.