Applicable Warranties Clause Samples

The "Applicable Warranties" clause defines which warranties are provided by one party to another within a contract. It typically outlines the specific promises regarding the quality, performance, or condition of goods or services being supplied, and may reference statutory warranties, express warranties stated in the agreement, or exclude certain implied warranties. This clause serves to clarify the scope and limitations of the warranties in effect, thereby managing expectations and reducing the risk of disputes over product or service performance.
Applicable Warranties. In addition to any other warranties in any Job Orders, and except as provided in Section 17.8 of this Article, Job Order Contractor warrants to the City that all materials and equipment furnished under this Contract 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 Contract. All Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. If required by the City, Job Order Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. This warranty is not limited by any other provisions of the Contract. Job Order Contractor shall promptly correct all Work rejected as defective or as failing to conform to the Contract whether observed before or after acceptance and whether or not fabricated, installed or completed. Job Order Contractor shall bear all costs of correcting such rejected Work, including compensation for the additional services of an engineer made necessary thereby.
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Applicable Warranties. The warranties applicable to Company products sold by Company and resold by Dealer under this Agreement shall be those set forth in the Company warranty program. The Dealer agrees to extend these warranties to the purchaser at the time of sale. Such warranties shall be in lieu of all other express or implied warranties, including, but not limited to the implied warranties of MERCHANTABILITY and FITNESS for PARTICULAR PURPOSE. Further, the Dealer shall provide warranty services to customers in a manner consistent with Company's warranty program for dealers as it may be in effect from time to time and was outlined heretofore in this agreement.
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Related to Applicable Warranties

  • Service Warranties Contractor warrants that: (i) the Services will be rendered with promptness and diligence and will be executed in a workmanlike manner, in accordance with the practices and professional standards used in well-managed operations performing services similar to the Services; and (ii) Contractor will perform the Services in the most cost-effective manner consistent with the required level of quality and performance. Contractor warrants that each Deliverable will conform to and perform in accordance with the requirements of this Agreement and all applicable specifications and documentation. For each such Deliverable, the foregoing warranty shall commence for such Deliverable upon the JBE’s acceptance of such Deliverable, and shall continue for a period of one (1) year following acceptance. In the event any Deliverable does not to conform to the foregoing warranty, Contractor shall promptly correct all nonconformities to the satisfaction of the JBE.

  • Representations, Warranties and Agreements to Survive Delivery All representations, warranties and agreements contained in this Agreement or in certificates of officers of the Company or any of its subsidiaries submitted pursuant hereto, shall remain operative and in full force and effect, regardless of any investigation made by or on behalf of any Underwriter or controlling person, or by or on behalf of the Company, and shall survive delivery of the Securities to the Underwriters.

  • SUPPLIER’S WARRANTIES 7.1 Supplier warrants that the Goods: (a) are safe; (b) are free from encumbrances, defect or fault; (c) are of merchantable quality; (d) include appropriate and correct warnings and instructions; (e) are fit for the purpose for which purchased (as communicated by Ingredion to the Supplier); (f) comply with any representations, descriptions, samples or other specification (including Specification), quality, function, performance or design; and (g) include any applicable Supplier’s warranty that passes to the consumer from Ingredion without liability to Ingredion. 7.2 Supplier warrants and represents to Ingredion that any Services performed by Supplier or duly appointed sub-contractor: (a) shall be performed in a good and workmanlike fashion and with all due speed, care, skill and diligence; and (b) shall be carried out in accordance with this Agreement, with current industry standard codes of practice, and the highest standards prevailing in the Supplier’s industry. 7.3 Supplier shall ensure that all of its personnel and sub-contractors are suitably qualified and legally hired, to perform the Services and that all necessary licences, work permits or other authorisations have been obtained. 7.4 If any materials which are required by Supplier for the provision of the Services are not delivered fully in accordance with any stipulations in this Agreement, Supplier shall immediately effect correct delivery and shall be responsible for any additional costs and expenses incurred by the parties in so doing. 7.5 Ingredion shall have the right exercisable during the performance of the Services to suspend any payment obligation in respect of the Services if the performance does not conform in quality with any stipulations in this Agreement or if the performance is delayed. 7.6 If the Services do not conform with this Agreement, Ingredion shall have the right to purchase Services from elsewhere which nearly as practicable conform to this Agreement and any extra expense incurred in doing so shall be paid by Supplier to Ingredion. Before exercising such right to purchase the Services from an alternative supplier, Ingredion shall give Supplier an opportunity to replace the Services in respect of which payment was cancelled with Services which conform with this Agreement.

  • Limited Warranties State Street represents and warrants that it is the owner of and has the right to grant access to the System and to provide the Remote Access Services contemplated herein. Because of the nature of computer information technology including, but not limited to, the use of the Internet, and the necessity of relying upon third party sources, and data and pricing information obtained from third parties, the System and Remote Access Services are provided “AS IS”, and the Customer and its Authorized Designees shall be solely responsible for the investment decisions, results obtained, regulatory reports and statements produced using the Remote Access Services. State Street and its relevant licensors will not be liable to the Customer or its Authorized Designees for any direct or indirect, special, incidental, punitive or consequential damages arising out of or in any way connected with the System or the Remote Access Services, nor shall either party be responsible for delays or nonperformance under this Addendum arising out of any cause or event beyond such party’s control. State Street will take reasonable steps to ensure that its products (and those of its third-party suppliers) reflect the available state of the art technology to offer products that are Year 2000 compliant, including, but not limited to, century recognition of dates, calculations that correctly compute same century and multi century formulas and date values, and interface values that reflect the date issues arising between now and the next one-hundred years, and if any changes are required, State Street will make the changes to its products at no cost to you and in a commercially reasonable time frame and will require third-party suppliers to do likewise. The Customer will do likewise for its systems. EXCEPT AS EXPRESSLY SET FORTH IN THIS ADDENDUM, STATE STREET, FOR ITSELF AND ITS RELEVANT LICENSORS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES CONCERNING THE SYSTEM AND THE SERVICES TO BE RENDERED HEREUNDER, WHETHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. State Street will defend or, at our option, settle any claim or action brought against the Customer to the extent that it is based upon an assertion that access to the System or use of the Remote Access Services by the Customer under this Addendum constitutes direct infringement of any patent or copyright or misappropriation of a trade secret, provided that the Customer notifies State Street promptly in writing of any such claim or proceeding and cooperates with State Street in the defense of such claim or proceeding. Should the System or the Remote Access Services or any part thereof become, or in State Street’s opinion be likely to become, the subject of a claim of infringement or the like under any applicable patent or copyright or trade secret laws, State Street shall have the right, at State Street’s sole option, to (i) procure for the Customer the right to continue using the System or the Remote Access Services, (ii) replace or modify the System or the Remote Access Services so that the System or the Remote Access Services becomes noninfringing, or (iii) terminate this Addendum without further obligation.

  • Representations & Warranties 14.1 Each Party represents that it has authority to enter into this Agreement and to do all things necessary to procure the fulfilment of its obligations in terms of this Agreement. 14.2 The Disclosing Party warrants that disclosure of the Confidential Information to the Receiving Party: 14.2.1 will not result in a breach of any other Agreement to which it is a party; and 14.2.2 will not, to the best of its knowledge and belief, infringe the rights of any third party; and the Disclosing Party hereby indemnifies and holds the Receiving Party harmless against any liability for third party claims on such a basis.