Conditions and warranties Sample Clauses

The 'Conditions and warranties' clause defines the different types of contractual promises and their legal significance within an agreement. In practice, a 'condition' is a fundamental term, and its breach allows the aggrieved party to terminate the contract and claim damages, while a 'warranty' is a less critical term, where breach only entitles the party to damages but not termination. This clause clarifies the hierarchy of obligations, helping parties understand the consequences of different breaches and thereby reducing disputes over remedies.
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Conditions and warranties. The Supplier warrants that the Supplies shall (i) remain free of defects in material and workmanship for a period of 12 months from transfer of risk as per Clause 5, (ii) be delivered with all necessary manuals, descriptions and other documentation and (iii) comply with the requirements of this purchase order. All Supplies shall be fit and suitable for any intended use expressly or impliedly made known to the Supplier. These conditions are in addition to all other expressed or implied conditions and warranties and shall not be deemed to be exclusive. This warranty is in addition to any other warranties or similar rights available to Buyer at law or otherwise.
Conditions and warranties a) In addition to any other express and implied warranties provided by law or otherwise, Supplier warrants to Trelleborg that it has good and marketable title to the Supplies and that the Goods shall be: (i) new; (ii) free and clear of any and all liens and encumbrances; (iii) conform with all specifications, drawings, samples and other descriptions furnished by Trelleborg or offered by Supplier; (iv) free from all defects in design (to the extent designed by Seller), workmanship and materials; (v) be of merchantable quality; (vi) be fit and sufficient for the purposes intended by Trelleborg – to the extent known by Supplier; (vii) conform to all applicable laws in the country of production and delivery (viii) do not infringe patents or other intellectual property rights of third parties. b) The warranty period shall be the longer of (a) two years from the date Trelleborg accepts delivery of the Supplies or (b) the warranty period provided by applicable law.
Conditions and warranties. Conditions and warranties are terms of a contract, which help define the buyer’s and seller’s rights and obligations.  Condition: A condition is a vital term of the contract. If a condition is breached, the buyer or seller may terminate the contract and claim damages. For example, if the seller fails to deliver the goods as per the contract, it is a breach of condition.  Warranty: A warranty is a less important term of the contract. Breach of warranty does not allow the buyer to rescind the contract but gives them the right to claim damages. For example, if the goods delivered do not meet the required standard but the buyer still accepts the goods, it is a breach of warranty.  Goods must correspond to the description.  Goods must be fit for the purpose they are bought for.  Goods will be free from defects or faults.  Goods will be delivered in good working condition.
Conditions and warranties. Subject to any rights imposed by law that cannot be limited or excluded: (a) all conditions or warranties implied by law are excluded; and (b) if an implied warranty or condition cannot be excluded, but limitation is permitted, ARTC's liability for breach of that implied warranty or condition is limited to, at ARTC's absolute discretion, the resupply of the relevant services or the payment of the cost of having the relevant service supplied again.
Conditions and warranties. 3.1 The Executive warrants that: 3.1.1 the Executive is entitled to work in the United Kingdom without any additional approvals; and 3.1.2 the Executive is not prevented by the terms of any agreement or court order from continuing employment with the Company from the date of this Agreement and that there are no express or implied terms of any contract with (or other obligation to) any third party that could prevent or hinder the performance of the Executive’s duties to any Group Company. 3.2 It is a condition of this employment that the Executive has and maintains during the course of this employment, valid United Kingdom immigration permission which permits the Executive to be employed by the Company in the role for which the Executive is employed. The Executive must notify the Company immediately if at any time the Executive does not meet this condition. The Executive must produce to the Company for inspection the documents proving this right to the Company’s satisfaction upon request. 3.3 If the Executive is in breach of any of the warranties or fails to satisfy the conditions set out in this clause 3 then the Company shall be entitled to terminate the Executive’s employment summarily.
Conditions and warranties. 1.1 This Agreement and your employment under this Agreement are conditioned upon the following: 1.1.1 you having and maintaining during the course of this employment, the right to be lawfully employed by the Company in the role set out in this Agreement; and 1.1.2 such checks as the Company determines are necessary for the position offered being satisfactory to the Company; 1.1.3 you being free from any obligations owed to a third party which might prevent you from starting work on the date mentioned below or from properly performing the duties of your position; and 1.1.4 Crane NXT, though CA-MC Acquisition UK Ltd., completing its acquisition of OpSec Security, through Orca Midco Ltd (the "Transaction"). 1.2 You warrant that you are entitled to work in the United Kingdom in the capacity for which you are being hired by the Company and will notify the Company immediately if you should cease to be so entitled during your employment with the Company. You will prior to starting work and as and when requested thereafter, provide such original documents to the Company evidencing your ability to work lawfully in the United Kingdom as the Company may require.
Conditions and warranties. Subject to any rights imposed by law that cannot be limited or excluded: (a) all conditions or warranties implied by law are excluded; and Deleted: 12.8 and Deleted: 16.3 Deleted: 16.3 Deleted: , in tort (including negligence), Deleted: lesser of $2 million per Contract Year and the Formatted: Bullets and Numbering Deleted: <#>for contribution or cross-claims made by an Operator against ARTC which relate to Claims made by the Access Holder or a Related Body Corporate against the Operator.¶ Deleted: 1 April 2010 Deleted: 1 April 2010 Deleted: 18 February 201015 January 2010 (b) if an implied warranty or condition cannot be excluded, but limitation is permitted, ARTC's liability for breach of that implied warranty or condition is limited to, at ARTC's absolute discretion, the resupply of the relevant services or the payment of the cost of having the relevant service supplied again.
Conditions and warranties. 7.6.1 Representations and Warranties of the HMRDC The HMRDC represents and warrants to SWR that: a. It is a Company duly organised, validly existing and in good standing under the laws of the jurisdiction of its incorporation; b. It has full power and authority to execute, deliver and perform its obligations under this Agreement and to carry out the transactions contemplated hereby; c. It has taken all necessary corporate and other action under Applicable Laws and its constitutional documents to authorise the execution, delivery and performance of this Agreement; d. This Agreement constitutes its legal, valid and binding obligation enforceable against it in accordance with the terms thereof; e. It is subject to civil and commercial laws of India with respect to this Agreement and it hereby expressly and irrevocably waives any immunity in any jurisdiction in respect thereof; f. The execution, delivery and performance of this Agreement shall not conflict with, result in the breach of, constitute a default under or accelerate performances required by any of the terms of the Memorandum and Articles of Association of the HMRDC or any Applicable Laws or any covenant, agreement, understanding, decree or order to which, it is a Party or by which it or any of its properties or assets is bound or affected; g. There are no actions, suits, proceedings, or investigations pending or, to the HMRDC’s knowledge, threatened against it at law or in equity before any Court or before any other judicial, quasi-judicial or other authority, the outcome of which may result in the breach of or constitute a default of the HMRDC under this Agreement or which individually or in the aggregate may result in any Material Adverse Effect on its business, properties or assets or its condition, financial or otherwise, or in any impairment of its ability to perform its obligations and duties under this Agreement. h. All the Applicable Permits have been obtained and are in full force and effect on the Appointed Date, or shall be obtained in due course from time to time and all the Applicable Permits shall be maintained in full force and effect until the Termination Date.
Conditions and warranties. (a) Seller covenants and warrants to AFL that for a period of 12 months from the Delivery Date, all Goods will: (i) be free from any defects in workmanship, material and design; (ii) conform to applicable specifications, drawings, designs, samples and other requirements; (iii) be fit for their intended purpose and operate as intended; (iv) be merchantable; (v) be free and clear of all liens, security interests or other encumbrances; and (vi) not infringe or misappropriate any third party's patent or other intellectual property rights. (vii) These warranties survive any delivery, inspection, acceptance or payment of or for the Goods by AFL; (b) Seller warrants to AFL that it shall perform the Services using personnel of required skill, experience and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet its obligations under this Agreement; and (c) the warranties set forth in this Section 11 are cumulative and in addition to any other warranty provided by law or equity. Any applicable statute of limitations runs from the date of AFL's discovery of the noncompliance of the Goods or Services with the foregoing conditions and warranties. If AFL gives Seller notice of noncompliance pursuant to this Section, Seller shall, at its own cost and expense, (i) replace or repair the defective or non-conforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective or non-conforming goods to Seller and the delivery of repaired or replacement Goods to AFL, and, if applicable, (ii) repair or re-perform the applicable Services.
Conditions and warranties. Unless CompoTech accepts an express written warranty for a product, there is no explicit or implicit warranty in terms of quality, life or wear of the supplied goods or warranty for fitness of the goods for a particular purpose or for use under any specific conditions notwithstanding whether the Seller is aware or has been advised of such purpose or conditions. The specification of a purpose in the contract or an order serves for information purposes only.