Software Warranty We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the maintenance and support process set forth in Section C(9), below, the SLA and our then current Support Call Process.
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.
Hardware Warranty Company warrants that for a period of one (1) year from delivery of Hardware, Hardware will be free from defects in material and workmanship in normal use, but does not cover any of the following: (i) improper installation, maintenance, adjustment, repair or modification by Customer or a third party; (ii) misuse, neglect, or any other cause other than ordinary use, including without limitation, accidents or acts of God; (iii) improper environment, excessive or inadequate heating or air conditioning, electrical power failures, surges, water damage or other irregularities; (iv) third party software or software drivers; or (v) damage during shipment.
Manufacturer’s Warranties If a Lease Vehicle is covered by a Manufacturer’s warranty, the Lessee, during the Vehicle Term for such Lease Vehicle, shall have the right to make any claims under such warranty that the Lessor could make.
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.