COLLECTION OF WARRANTIES Clause Samples

COLLECTION OF WARRANTIES. Commission will be entitled to collect the Fulfillment Warranty and the Quality Warranty in order to collect (i) contract penalties, (ii) reimbursements of surplus amounts paid by Commission, (iii) any amount owed by Contractor to Commission and (iv) payments of indemnities owned by Contractor to Commission according to Clause 23 (or in case of payments for indemnities not determined for responsibilities claimed against Commission and for which Contractor is responsible according to Clause 23, amounts reasonably estimated by Commission that will be further owed by Contractor), holding harmless the rights of Commission that have not been covered, which will be collectible according to the terms of the penultimate paragraph of article 66 of the Law on Public Works and Services Related to These, and articles 60 through 68 of the Regulations of such Law. In case the Fulfillment Warranty or the Quality Warranty is a letter of credit and Commission collects the Fulfillment Warranty or the Quality Warranty for any of the reasons specified above, Commission will notify Contractor of the amount withdrawn and the corresponding reasons, and in respect to the Fulfillment Warranty, Contractor will have ten (10) Working Days since the Fulfillment Warranty was collected, to replace its amount to the amount in effect the time immediately before having been collected by Commission. If the Fulfillment Warranty is a bond, Contractor will have ten (10) Working Days since the Fulfillment Warranty was collected, to replace its amount to the amount in effect at the time immediately before having been collected by Commission. Contractor will only be obliged to replace amounts collected of the Fulfillment Warranty for as much as the original amount of the Fulfillment Warranty and the accumulated amounts resulting from replacements made by Contractor reach a limit equal to twenty percent (20%) of the Total Cost of the Project. Failure by the credit or bonding institution to pay the Warranty will not release Contractor of its obligation to increase the Warranty, on account of replacement, by the same amount as that collected. Surplus amounts of Warranties collected by Commission over amounts actually justified will be reimbursed to Contractor. CLAUSE 13. SCHEDULE FOR EXECUTION OF THE WORKS 13.1 START AND DEVELOPMENT ACCORDING TO THE EXECUTION SCHEDULE. Contractor will begin the Works on March 26, 2003 and execute the Works according to the Execution Schedule in order to comply with ...
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Related to COLLECTION OF WARRANTIES

  • Negation of Warranties Stanford provides ***** the rights granted in this Agreement AS IS and WITH ALL FAULTS. Stanford makes no representations and extends no warranties of any kind, either express or implied. Among other things, Stanford disclaims any express or implied warranty: (A) of merchantability, of fitness for a particular purpose; (B) of non-infringement; or (C) arising out of any course of dealing.

  • Limitation of Warranties All other representations or warranties, written or oral, express or implied, including any representation or warranty of merchantability or of fitness for any particular purpose or with respect to conformity with any model or samples, are disclaimed. Without limiting the generality of the foregoing, except with respect to the Product stated to be Regulatorily Continuing, and in that case only to the extent set forth herein, neither Party makes any representation or warranty hereunder with respect to any future action or failure to act or approval or failure to approve by any Governmental Authority.

  • Exclusion of Warranties WE SPECIFICALLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND GUARANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE TOUR OR ANY OTHER ITEMS OR SERVICES COVERED BY OR FURNISHED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY (I) OF MERCHANTABILITY, (II) OF FITNESS FOR A PARTICULAR PURPOSE, OR (III) ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. WE DO NOT WARRANT THAT ANY ITEMS OR SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.

  • Assignment of Warranties Each Schedule is intended to be a true lease and operating lease as defined in Tex. Bus. & Comm. Code Article 2A. Lessor has acquired or will acquire the Assets in connection with this MOLA and hereby agrees to assign to Lessee any warranties provided to Lessor with respect to the Assets during the Term of the applicable Schedule, to the extent the warranties are assignable. Unless Lessor is the manufacturer or is otherwise liable under the Contract, Lessor shall not be liable for damages for any reason for any act or omission of the manufacturer of the Assets. Except as provided in Section 24 (“Remedies”) hereof, Lessee acknowledges that none of the following shall relieve Lessee from the obligations under this MOLA during the Schedule Term unless due to Lessor’s acts or omissions: (i) Lessee’s dissatisfaction with any unit of the Assets, (ii) the failure of an Asset to remain in useful condition for the Schedule Term, or (iii) the loss or right of possession of the Assets (or any part thereof) by Lessee. Lessee shall have no right, title or interest in or to the Assets except the right to use the same upon the terms and conditions herein contained. The Assets shall remain the sole and exclusive personal property of Lessor and not be deemed a fixture whether or not it becomes attached to any real property of Lessee.

  • Exclusions of Warranties THE SITE AND SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.