Vendor Warranty Backstop Sample Clauses

A Vendor Warranty Backstop clause serves as a safeguard ensuring that the buyer can seek recourse if the vendor fails to honor its warranty obligations. Typically, this clause allows the buyer to pursue remedies directly from a third party, such as a parent company or escrow fund, if the vendor is unable or unwilling to fulfill warranty claims. By providing an additional layer of protection, the clause mitigates the risk of non-performance and assures the buyer that warranty commitments will be met even if the vendor defaults.
Vendor Warranty Backstop. For those Vendor Parts installed on the Aircraft at the Delivery Date or subsequently purchased through B▇▇▇, excluding the Powerplant or the Power Plant Parts, in the event the parties agree that a vendor is in default in the performance of any material obligation under any applicable warranty obtained by B▇▇▇ from such vendor pursuant to Annex B Article 2.1 above, the warranties and all other terms and conditions of Annex B Article 1 shall become applicable as if the Vendor Parts had been a B▇▇▇ Part, except that the warranty period shall be the Warranty Period as set forth herein or by the vendor's warranty, whichever is shorter.
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Vendor Warranty Backstop. For those Vendor Parts installed on the Aircraft at the Delivery Date or subsequently purchased through Bombardier, excluding the Power Plant or the Power Plant Parts, in the event the parties agree that a vendor is in default in the performance of any material obligation under any applicable warranty obtained by Bombardier from such vendor pursuant to Annex B Section 2.1 above, the warranties and all other terms and conditions of Annex B Article 1 shall become applicable as if the Vendor Parts had been a Bombardier Part, except that the warranty period shall be the Warranty Period as set forth herein or by the vendor’s warranty, whichever is shorter and all transportation costs associated with the Vendor Parts shall be borne by Buyer.
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Vendor Warranty Backstop. For those Vendor Parts installed on the Aircraft at the Delivery Date or subsequently purchased through Bombardier, excluding the Powerplant or the Power Plant Parts, in the event that a vendor is in default in the performance of any obligation under any applicable warranty obtained by Bombardier from such vendor pursuant to Schedule III - Annex B Article 2.1 above, the warranties and all other terms and conditions of Schedule III - Annex B Article 1 shall become applicable as if the Vendor Parts had been a Bombardier Part, except that the warranty period shall be the Warranty Period as set forth herein or by the vendor's warranty, whichever is shorter and all transportation costs associated with the Vendor Parts shall be borne by Northwest.
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Vendor Warranty Backstop. For those [CONFIDENTIAL PORTION DELETED] installed on the Aircraft at the Delivery Date or subsequently purchased through [CONFIDENTIAL PORTION DELETED] in the event the parties agree that a [CONFIDENTIAL PORTION DELETED] is in default in the performance of any material obligation under any applicable warranty obtained by [CONFIDENTIAL PORTION DELETED] pursuant to Article 2.1 above, the warranties and all other terms and conditions of Article 1 shall become applicable as if the [CONFIDENTIAL PORTION DELETED] had 105 been a [CONFIDENTIAL PORTION DELETED] except that the warranty period shall be the Warranty Period as set forth herein or by the [CONFIDENTIAL PORTION DELETED], whichever is shorter and all transportation costs associated with the [CONFIDENTIAL PORTION DELETED] shall be borne by [CONFIDENTIAL PORTION DELETED].
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Vendor Warranty Backstop. Where, in respect of Vendor Parts installed on the Aircraft at the Delivery Date or subsequently purchased as spare parts from Bombardier or its authorized distributor and installed on the Aircraft (for certainty, excluding the Power Plant Parts), the Vendor is in default in the performance of any obligation under any applicable warranty obtained by Bombardier from such Vendor pursuant to Annex B, Article 3.1 above, the warranties and all other terms and conditions of Annex B, Article 2 shall become applicable in respect of the relevant Vendor Part as if said Vendor Part had been a Warranted Part (if such Vendor Part was installed on the Aircraft on the Delivery Date), [*] except that in both cases: (i) the applicable warranty period shall be the Warranty Period as set forth in Annex B, Article 2.2 or in the applicable Vendor Warranty, whichever is shorter, and (ii) all transportation costs associated with the Vendor Part as well as all labour and material costs to gain access to, remove and re-install the Vendor Part on the Aircraft together with any costs and expenses associated with the repositioning of the relevant Aircraft for repairs under the Vendor Warranty shall be borne by Buyer. With respect to Vendor Parts warranty periods starting prior to the delivery of the Aircraft to Buyer, Bombardier where necessary, shall backstop such warranty period to start upon Buyer’s receipt of such Aircraft and to continue for the full original period of such Vendor Parts warranty. In the event Bombardier backstops the Vendor Warranty as set forth above, then, at Bombardier’s request, Buyer shall assign to Bombardier, and Bombardier shall be subrogated to, all of Buyer’s rights against the relevant Vendor with respect to and arising by reason of such default and Buyer shall provide reasonable assistance to enable Bombardier to enforce the rights so assigned.
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Vendor Warranty Backstop. For those Vendor Parts installed on the Aircraft at the Delivery Date or subsequently purchased through Bombardier, excluding the Powerplant or the Power Plant Parts, in the event the parties agree that a vendor is in default in the performance of any material obligation under any applicable warranty obtained by Bombardier from such vendor pursuant to Annex B Article 2.1 above, the warranties and all other terms and conditions of Annex B Article I shall become applicable as if the Vendor Parts had been a Bombardier Part, except that the warranty period shall be the Warranty Period as set forth herein or by the vendor's warranty, whichever is shorter and all transportation costs associated with the Vendor Parts shall be borne by Buyer.
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Related to Vendor Warranty Backstop

  • Vendor Warranties 6.1 The vendor warrants that these general conditions 1 to 35 are identical to the general conditions 1 to 35 in the form of contract of sale of land published by the Law Institute of Victoria Limited and the Real Estate Institute of Victoria Pty Ltd in the month and year set out at the foot of this page. 6.2 The warranties in general conditions 6.3 and 6.4 replace the purchaser’s right to make requisitions and inquiries. 6.3 The vendor warrants that the vendor: (a) has, or by the due date for settlement will have, the right to sell the land; and (b) is under no legal disability; and (c) is in possession of the land, either personally or through a tenant; and (d) has not previously sold or granted any option to purchase, agreed to lease or granted a pre-emptive right which is current over the land and which gives another party rights which have priority over the interest of the purchaser; and (e) will at settlement be the holder of an unencumbered estate in fee simple in the land; and (f) will at settlement be the unencumbered owner of any improvements, fixtures, fittings and goods sold with the land. 6.4 The vendor further warrants that the vendor has no knowledge of any of the following: (a) public rights of way over the land; (b) easements over the land; (c) lease or other possessory agreement affecting the land; (d) notice or order directly or indirectly affecting the land which will not be dealt with at settlement, other than the usual rate notices and any land tax notices; (e) legal proceedings which would render the sale of the land void or voidable or capable of being set aside. 6.5 The warranties in general conditions 6.3 and 6.4 are subject to any contrary provisions in this contract and disclosures in the section 32 statement. 6.6 If sections 137B and 137C of the Building Act 1993 apply to this contract, the vendor warrants that: (a) all domestic building work carried out in relation to the construction by or on behalf of the vendor of the home was carried out in a proper and workmanlike manner; and (b) all materials used in that domestic building work were good and suitable for the purpose for which they were used and that, unless otherwise stated in the contract, those materials were new; and (c) domestic building work was carried out in accordance with all laws and legal requirements, including, without limiting the generality of this warranty, the Building Act 1993 and regulations made under the Building Act 1993. 6.7 Words and phrases used in general condition 6.6 which are defined in the Building Act 1993 have the same meaning in general condition 6.6.

  • Contractor Warranties 7.12.1 If and to the extent Developer obtains general or limited warranties from any Contractor in favor of Developer with respect to design, materials, workmanship, equipment, tools, supplies, software or services, Developer also shall cause such warranty to be expressly extended to TxDOT and any third parties for whom Work is being performed or equipment, tools, supplies or software is being supplied by such Contractor; provided that the foregoing requirement shall not apply to standard, pre-specified manufacturer warranties of mass- marketed materials, products (including software products), equipment or supplies where the warranty cannot be extended to TxDOT using commercially reasonable efforts. TxDOT agrees to forebear from exercising remedies under any such warranty so long as Developer or a Lender is diligently pursuing remedies thereunder. To the extent that any Contractor warranty would be voided by reason of Developer's negligence in incorporating material or equipment into the Work, Developer shall be responsible for correcting such defect. 7.12.2 Contractor warranties (if any) are in addition to all rights and remedies available under the CDA Documents or applicable Law or in equity, and shall not limit Developer’s liability or responsibility imposed by the CDA Documents or applicable Law or in equity with respect to the Work, including liability for design Defects, latent construction Defects, strict liability, breach, negligence, willful misconduct or fraud.

  • Purchaser Warranties 8.1. The Purchaser warrants to the Seller as at the Execution Date, and, save as expressly provided otherwise, as at the Completion Date in terms of the warranties set out in Schedule 4 (“Purchaser Warranties”). 8.2. The Purchaser acknowledges that the Seller has entered into this Agreement in reliance on, amongst others things, the Purchaser Warranties. 8.3. If after the Execution Date (i) it is brought to the knowledge of the Purchaser that any of the Purchaser Warranties were untrue, inaccurate or misleading in any material respect as of the Execution Date, or (ii) any event occurs or any matter arises which to the knowledge of the Purchaser results or could reasonably be expected to result in any of the Purchaser Warranties being untrue, inaccurate or misleading in any material respect at Completion had the Purchaser Warranties been repeated as at the Completion Date, the Purchaser shall notify the Seller in writing as soon as reasonably practicable and in any event prior to the Completion Date. Any such notifications shall be disregarded with respect to determining whether the condition set forth in Clause 3.1(iii) has been satisfied and for the purposes of Clause 10.

  • Buyer Warranties 38.1 The Buyer represents and warrants that: (a) it has full power and capacity to enter into this Contract; (b) it has the financial capacity to perform its obligations; (c) it does not require the consent of any third party to this Contract or to perform its obligations; (d) they are aware of the rights given to purchasers by sections 217-219 (inclusive)of the Act ; (e) that any alteration, variation or matter referred to in clause 13 of this Contract will not materially prejudice their position and the Buyer agrees to be bound by any such matters or alterations; (f) it has not relied on or been induced to enter into this Contract by any representation or warranty made by the Seller, a consultant of the Seller, an agent of the Seller or any other person other than as expressly set out in this Contract; (g) it has relied on its own independent investigations and enquiries about the Scheme, the development and the Lot in entering into this Contract; (h) it has had the opportunity to obtain independent legal, financial, taxation and accounting advice in relation to the Lot and this Contract; and (i) the Buyer was not introduced to the lot by any person other than the Agent. 38.2 The Buyer agrees that information in brochures, models or other material of any description in connection with the sale of the Lot are indicative only and are not to be relied on or if relied on, the Buyer acknowledges that it elects to do so at its own risk and with full understanding that the Lot and Scheme may vary from the information in those items as represented in any of them, in accordance with the terms of this Contract. Where there is any inconsistency between plans, the sizes, dimensions and measurements on the draft survey plan contained in the Disclosure Statement (as amended from time to time) prevails. 38.3 The Buyer acknowledges and agrees that it has had the opportunity, prior to signing this Contract, to obtain an independent valuation in relation to the Lot and that no representations or warranties about the likely value of the lot at completion has been made by the Seller, a consultant of the Seller, an agent of the Seller. 38.4 The Buyer acknowledges and agrees that it had the opportunity to investigate the Land and the financial viability and/or performance of any investment in the Lot prior to signing this Contract and during the statutory 5 day cooling off period.

  • Customer Warranty Customer’s and its End Users’ use of the Services must always comply with all applicable Laws and this Agreement.