Common use of Defects and Warranty Clause in Contracts

Defects and Warranty. 3.4.1 The Supplier warrants that the Goods: (a) unless otherwise agreed with the Customer, shall be new; (b) are free from liens, charges, encumbrances, mortgages or other defects in title; (c) are prepared or manufactured with due care and skill and using high quality materials, techniques and standards and in accordance with all applicable laws; (d) are fit for the stated purpose or purposes reasonably inferred from this Agreement or the Purchase Order; (e) comply in all material respects with the specifications or product description for the Goods published by the Supplier from time to time or otherwise agreed with the Customer and specified in the Purchase Order. If no specifications have been published or agreed, the Goods shall be of the best quality appropriate for their intended purpose. 3.4.2 The Supplier warrants that the Services shall conform: (a) to the conditions and specifications of the Purchase Order; (b) to all applicable laws and regulations to which the Services are subject; and (c) with any performance standard specified in the Purchase Order (or included in related specifications or drawings agreed with the Customer). 3.4.3 The Supplier warrants that it will comply with any of the Customers policies notified by the Customer to the Supplier from time to time, including without limitation any of the Customer’s privacy or occupational health and safety policies (including drug and alcohol policies). 3.4.4 The warranties noted in this clause 3.6 are in addition to any statutory warranties applicable to the Services and/or Goods. 3.4.5 During the Warranty Period, the Customer may give written notice to the Supplier of any failure or defect in the Services and/or Goods. The Supplier must without delay and at no cost to the Customer: (a) correct any defect in the Services covered by the warranty, by way of re-performance of the Services in a manner acceptable to the Customer; or (b) correct any defect or failure in the Goods covered by the warranty, by way of repair, replacement, modification or other means acceptable to the Customer. 3.4.6 If the Supplier fails to correct any defects and failures, of which it has been notified by the Customer, within the time specified in the notice (which must not be less than two (2) Business Days), the Customer will have the right to rectify the Services and/or Goods itself or have the rectification undertaken by a third party at the Supplier’s cost. 3.4.7 Where the Supplier is not the original equipment manufacturer of the Goods, the Supplier must obtain for the Customer’s benefit such standard warranties, indemnities and rights as those outlined in this Agreement and any Purchase Order and where more are offered, then the Supplier must provide such additional warranties, indemnities and rights to the Customer at no additional cost. 3.4.8 The Goods shall be at the Supplier’s risk until delivery has been accepted by the Customer notwithstanding that payment may have already been made and title passed to the Customer.

Defects and Warranty. 3.4.1 The Supplier warrants that the Goods: (a) unless otherwise agreed with the Customer, shall be new; (b) are free from liens, charges, encumbrances, mortgages or other defects in title; (c) are prepared or manufactured with due care and skill and using high quality materials, techniques and standards and in accordance with all applicable laws; (d) are fit for the stated purpose or purposes reasonably inferred from this Agreement or the Purchase Order; (e) comply in all material respects with the specifications or product description for the Goods published by the Supplier from time to time or otherwise agreed with the Customer and specified in the Purchase Order. If no specifications have been published or agreed, the Goods shall be of the best quality appropriate for their intended purpose. 3.4.2 The Supplier warrants that the Services shall conform: (a) to the conditions and specifications of the Purchase Order; (b) to all applicable laws and regulations to which the Services are subject; and (c) with any performance standard specified in the Purchase Order (or included in related specifications or drawings agreed with the Customer). 3.4.3 The Supplier warrants that it will comply with any of the Customers policies notified by the Customer to the Supplier from time to time, including without limitation any of the Customer’s privacy or occupational health and safety policies (including drug and alcohol policies). 3.4.4 The warranties noted in this clause 3.6 are in addition to any statutory warranties applicable to the Services and/or Goods. 3.4.5 During the Warranty Period, the Customer may give written notice to the Supplier of any failure or defect in the Services and/or Goods. The Supplier must without delay and at no cost to the Customer: (a) correct any defect in the Services covered by the warranty, by way of re-re- performance of the Services in a manner acceptable to the Customer; or (b) correct any defect or failure in the Goods covered by the warranty, by way of repair, replacement, modification or other means acceptable to the Customer. 3.4.6 If the Supplier fails to correct any defects and failures, of which it has been notified by the Customer, within the time specified in the notice (which must not be less than two (2) Business Days), the Customer will have the right to rectify the Services and/or Goods itself or have the rectification undertaken by a third party at the Supplier’s cost. 3.4.7 Where the Supplier is not the original equipment manufacturer of the Goods, the Supplier must obtain for the Customer’s benefit such standard warranties, indemnities and rights as those outlined in this Agreement and any Purchase Order and where more are offered, then the Supplier must provide such additional warranties, indemnities and rights to the Customer at no additional cost. 3.4.8 3.5.8 The Goods shall be at the Supplier’s risk until delivery has been accepted by the Customer notwithstanding that payment may have already been made and title passed to the Customer.

Defects and Warranty. 3.4.1 5.8.1 The Supplier “SUPPLIER” warrants that the Goods: Goods and Services shall: ● Be new and made to the specified quality (a) unless otherwise agreed with the Customer, shall be new; (b) are specified). ● Be free from liens, charges, encumbrances, mortgages or other defects in title; (c) are prepared or manufactured with due care and skill and using high quality design, materials, techniques and standards workmanship. ● Conform to its description, product, artwork, assembly, and in accordance with all applicable laws; (d) are fit for the stated purpose or purposes reasonably inferred from this Agreement or the Purchase Order; (e) comply in all material respects with the specifications or product description for the Goods published by the Supplier from time to time or otherwise agreed with the Customer and specified in the Purchase Order. If no specifications have been published or agreed, the Goods shall be of the best quality appropriate for their intended purpose. 3.4.2 The Supplier warrants that the Services shall conform: (a) technical requirements to the conditions and specifications of the Purchase Order; . ● Be inspected for quality control purposes (b) products, technology features correct, correct assembly, packing, labeling, data files, and commercial documentation are required to be QC’d). ● Conform to approved samples. ● Conform to all applicable laws and regulations to which the Services or Goods are subject; and (c) with . ● Be performed under any performance standard specified in the Purchase Order (or included in related specifications or drawings agreed with the Customer). 3.4.3 Order. ● The Supplier “SUPPLIER” warrants that it will comply with any of the Customers “COMPANY’s” policies notified by the Customer “COMPANY” to the Supplier “SUPPLIER” from time to time, including without limitation any of the Customer’s “COMPANY’s” privacy or occupational health and safety policies (including drug and alcohol policies). 3.4.4 The warranties noted in this clause 3.6 are in addition to any statutory warranties applicable to 5.8.2 Unless otherwise stated, the Services and/or warranty period concerning the Goods shall expire twelve (12) months after the date of first placing the Goods into service or twenty-four (24) months after the date of delivery of the Goods, whichever is first. 3.4.5 5.8.3 During the Warranty Periodwarranty period, the Customer “COMPANY” may give written notice to the Supplier “SUPPLIER” of any failure or defect in the Services and/or Goods. The Supplier “SUPPLIER” must without delay and at no cost to the Customer: (a) correct “COMPANY”: ● Correct any defect in the Services covered by the warranty, by way of re-performance of the Services in a manner acceptable to the Customer“COMPANY”; or (b) correct or ● Correct any defect or failure in the Goods covered by the warranty, by way of repair, replacement, modification modification, or other means acceptable to the Customer“COMPANY”. 3.4.6 If the Supplier fails to correct any defects and failures, of which it has been notified by the Customer, within the time specified in the notice (which must not be less than two (2) Business Days), the Customer will have the right to rectify the Services and/or Goods itself or have the rectification undertaken by a third party at the Supplier’s cost. 3.4.7 Where the Supplier is not the original equipment manufacturer of the Goods, the Supplier must obtain for the Customer’s benefit such standard warranties, indemnities and rights as those outlined in this Agreement and any Purchase Order and where more are offered, then the Supplier must provide such additional warranties, indemnities and rights to the Customer at no additional cost. 3.4.8 The Goods shall be at the Supplier’s risk until delivery has been accepted by the Customer notwithstanding that payment may have already been made and title passed to the Customer.

Defects and Warranty. 3.4.1 3.6.1 The Supplier warrants that the Goods: (a) unless otherwise agreed with the Customer, shall be new; (b) are free from liens, charges, encumbrances, mortgages or other defects in title; (c) are prepared or manufactured with due care and skill and using high quality materials, techniques and standards and in accordance with all applicable laws; (d) are fit for the stated purpose or purposes reasonably inferred from this Agreement or the Purchase Order; (e) comply in all material respects with the specifications or product description for the Goods published by the Supplier from time to time or otherwise agreed with the Customer and specified in the Purchase Order. If no specifications have been published or agreed, the Goods shall be of the best quality appropriate for their intended purpose. 3.4.2 3.6.2 The Supplier warrants that the Services shall conformshall: (a) be free from defects in design, materials and workmanship and shall be fit for the stated purpose or purposes reasonably inferred from this Agreement or the Purchase Order; (b) conform to the conditions and specifications of the Purchase Order; (bc) conform to all applicable laws and regulations to which the Services are subject; and (cd) be performed in accordance with any performance standard specified in the Purchase Order (or included in related specifications or drawings drawing agreed with the Customer). 3.4.3 3.6.3 The Supplier warrants that it will comply with any of the Customers policies (including drug and alcohol policies) notified by the Customer to the Supplier from time to time, including without limitation any of the Customer’s privacy or occupational health and safety policies (including drug and alcohol policies). 3.4.4 3.6.4 The warranties noted in this clause 3.6 are in addition to any statutory warranties applicable to the Services and/or Goods. 3.4.5 3.6.5 During the Warranty Period, the Customer may give written notice to the Supplier of any failure or defect in the Services and/or Goods. The Supplier must without delay and at no cost to the Customer: (a) correct any defect in the Services covered by the warranty, by way of re-performance of the Services in a manner acceptable to the Customer; or (b) correct any defect or failure in the Goods covered by the warranty, by way of repair, replacement, modification or other means acceptable to the Customer. 3.4.6 3.6.6 If the Supplier fails to correct any defects and failures, of which it has been notified by the Customer, within the time specified in the notice (which must not be less than two (2) Business Days), the Customer will have the right to rectify the Services and/or Goods itself or have the rectification undertaken by a third party at party. All costs so incurred will be a debt due and payable by the Supplier’s costSupplier to the Customer which may be deducted from moneys otherwise owing to the Supplier by the Customer. 3.4.7 3.6.7 Any Services re-performed or rectified and/or any Goods repaired under warranty may be subject to a further full Warranty Period, if required by the Customer, commencing on the date of completion of any such re-performance, rectification or repair. 3.6.8 Where the Supplier is not the original equipment manufacturer of the Goods, the Supplier must obtain for the Customer’s benefit such standard warranties, indemnities and rights as those outlined in this Agreement and any Purchase Order and where more are offered, then the Supplier must provide such additional warranties, indemnities and rights to the Customer at no additional cost. 3.4.8 3.6.9 The Goods shall be at the Supplier’s risk until delivery has been accepted by the Customer notwithstanding that payment may have already been made and title passed to the Customer.