Common use of Conditions and warranties Clause in Contracts

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. (a) Seller covenants and warrants to AFL Buyer 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 requirementsrequirements specified by Buyer; (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 ’s patent or other intellectual property rights. (vii) . These warranties survive any delivery, inspection, acceptance or payment of or for the Goods by AFL;Buyer. (b) Seller warrants to AFL Buyer 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 10 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 Buyer’s discovery of the noncompliance of the Goods or Services with the foregoing conditions and warranties. If AFL Buyer gives Seller notice of noncompliance pursuant to this Section, Seller shall, at its own cost and expense, , promptly (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 AFLBuyer, and, if applicable, (ii) repair or re-perform the applicable Services.

Conditions and warranties. (a) Seller covenants warrants its expertise and confirms the accuracy of all statements and representations made in respect of the Goods and/or the Services prior to entering into the Contract and acknowledges DYWIDAG’s reliance upon the same. (b) Seller warrants to AFL DYWIDAG that for a period of 12 36 months from the Delivery Date, all Goods will: : (i) be merchantable, of satisfactory quality, and free from any defects in workmanship, material material, and design; ; (ii) be of the quantity specified and conform to applicable specifications, drawings, designs, samples samples, and other requirements; requirements specified by DYWIDAG or in any advertising or other material published or provided by Seller; and (iii) be fit for their intended normal purpose and operate as intended;any specific purpose of DYWIDAG made known to Seller or for any other purpose of DYWIDAG of which Seller ought reasonably to have been aware. Seller, at its own expense, shall perform quality control testing in accordance with its own procedures to ensure that the Goods meet the requirements of the Contract. These warranties survive any delivery, inspection, acceptance, or payment of or for the Goods by DYWIDAG. (ivc) be merchantable; Seller further warrants that any Goods and Services provided shall: (vi) comply with all applicable statutory requirements and regulations, including without limitation those relating to the manufacture, packaging, packing, carriage and delivery of the Goods and the performance of the Services, and health and safety and environmental laws for the same; (ii) not infringe the patent or other intellectual property rights of any third party; and (iii) be free and clear of all liens, security interests 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; (bd) Seller warrants to AFL DYWIDAG that it shall will perform the Services using efficiently, safely, competently and in conformity with any applicable industry code of practice by suitably qualified personnel of required skillskill and experience, experience and qualifications and in a professional and workmanlike manner to the highest quality which reasonably would be expected from a skilled and experienced operator providing a similar type of services in accordance with generally recognized industry standards for similar services circumstances, and shall devote adequate resources to meet its obligations under this Agreement; and (ce) the 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 DYWIDAG’s discovery of the noncompliance of the Goods or Services with the foregoing conditions and warranties. If AFL DYWIDAG gives Seller notice of noncompliance pursuant to this Section, Seller shall, at its own cost and expense, , promptly (i) replace or repair the defective or non-conforming nonconforming Goods and pay for all related expenses, including, but not limited to, transportation charges for the return of the defective or non-conforming nonconforming goods to Seller and the delivery of repaired or replacement Goods to AFLDYWIDAG, and, if applicable, (ii) repair or re-perform the applicable Services.

Conditions and warranties. (a) Seller covenants and warrants to AFL Buyer 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 requirementsrequirements specified by Buyer; (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 ’s patent or other intellectual property rights. (viib) Seller will not substitute any goods for the goods covered by this Purchase Order unless Buyer consents in writing. These warranties survive any delivery, inspection, acceptance or payment of or for the Goods by AFL;Buyer. (bc) Seller warrants to AFL Buyer 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 (cd) the warranties set forth in this Section 11 10 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 Buyer’s discovery of the noncompliance of the Goods or Services with the foregoing conditions and warranties. If AFL Buyer gives Seller notice of noncompliance pursuant to this Section, Seller shall, at its own cost and expense, , promptly (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 AFLBuyer, and, if applicable, (ii) repair or re-perform the applicable Services.

Conditions and warranties. (a) Seller covenants and warrants to AFL Buyer 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] [specified by Buyer/set forth in Exhibit A]; (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 ’s patent or other intellectual property rights. (vii) . These warranties survive any delivery, inspection, acceptance or payment of or for the Goods by AFL;Buyer. (b) Seller warrants to AFL Buyer 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 10 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 Buyer’s discovery of the noncompliance of the Goods or Services with the foregoing conditions and warranties. If AFL Buyer gives Seller notice of noncompliance pursuant to this Section, Seller shall, at its own cost and expense, , promptly (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 AFLBuyer, and, if applicable, (ii) repair or re-perform the applicable Services.

Conditions and warranties. (a) Seller covenants and warrants to AFL Buyer that for a period of 12 24 months from the Delivery Date, all Goods will: (i) be free from any defects in workmanship, material material, and design; (ii) conform to the applicable specifications, drawings, designs, samples and other requirementsspecifications specified by Buyer; (iii) comply with all applicable laws and regulations; be fit for their intended purpose and operate as intended; (iv) be merchantable; (v) be free and clear of all liens, security interests 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 acceptance, or payment of or for the Goods by AFLBuyer; (b) Seller warrants to AFL Buyer that it shall perform the Services using personnel of required skill, experience experience, and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services services, on a timely basis 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 Buyer gives Seller notice of noncompliance pursuant to this Section, Seller shall, at its own cost and expense, , promptly (i) replace or repair the defective or non-conforming Goods and pay for all related expenses, including, but not limited to, including transportation charges for the return of the defective or non-conforming goods to Seller and the delivery of repaired or replacement Goods to AFLBuyer, and, if applicable, (ii) repair or re-perform the applicable Services.