Warranties and Defects Sample Clauses

Warranties and Defects. 5.1. Unless otherwise agreed in writing by LKAB Minerals, LKAB Minerals warrants that on delivery, and for a period of fourteen (14) days from the date of delivery (the “Warranty Period”) the Goods shall: (a) conform in all material respects with the Specification; and (b) be free from material defects in design, material and workmanship. Due to the production and logistics processes, absence of foreign or contaminating objects can however not be guaranteed. 5.2. Subject to clause 5.3, if: (a) the Buyer gives notice in writing to LKAB Minerals, during the Warranty Period, within a reasonable time of discovery that some or all of the Goods to not comply with the warranty set out in clause 5.1; and (b) LKAB Minerals is given a reasonable opportunity of examining such Goods; LKAB Minerals shall, at its option, rework or replace the defective Goods or issue a credit note for the price of the defective Goods in full. 5.3. LKAB Minerals shall not be liable for the Goods’ failure to comply with the warranty set out in clause 5.1 if the: (a) defect occurs after the Warranty Period has ended; (b) Buyer makes any further use of such Goods after giving notice in accordance with clause 5.2; (c) defect arises because the Buyer failed to follow LKAB Minerals’ oral or written instructions as to the storage, commissioning, use or maintenance of the Goods or (if there are none) good trade practice regarding the same; (d) Buyer alters such Goods without the written consent of LKAB Minerals; (e) defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or (f) Goods differ from the Specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements. 5.4. Except as provided in this clause 5, LKAB Minerals shall have no liability to the Buyer in respect of the Goods’ failure to comply with the warranty set out in clause 5.1. 5.5. These GSC shall apply to any reworked or replacement Goods supplied by LKAB Minerals.
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Warranties and Defects. 4.1 The service provider warrants the goods as specified on the quotation with specific reference to the repair and/or maintenance work done for a period of 7(seven) days. If any goods are found to the customer’s satisfaction to be defective as a result of the repair or maintenance work done it will at the sole discretion of the service provider either be replaced free of charge, repaired free of charge or credit the account of the purchaser. 4.2 If the customer wants to uphold the warranty given in terms of clause 4.1 then the following will be applicable: 4.2.1 The notice of the defected goods must be corresponded to the service provider within 7(seven) days from delivery date; 4.2.2 The goods must not have been misused, mishandled overloaded,amended, modified or repaired in any way by the customer or its employees or agents or used for any other purpose that it was designed; and 4.2.3 All outstanding accounts have been settled or acceptable warranties provided for payment or replacement on reparation of the goods. 4.3 Save as set out above in this clause the service provider does not warranty anything else regarding the goods.
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Warranties and Defects. 9.1 In addition to any other warranties implied by law, the Products will be of merchantable quality at the time it is Delivered, and be constructed in accordance with the applicable standards and laws of Australia.
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Warranties and Defects. 15.1. Subject to clauses 15.2, 15.3 and 15.4, the Company warrants to the Buyer that for the Warranty Period the Maintenance Services: 15.1.1. conforms with the Contract; and 15.1.2. will be free from defects in workmanship under normal use and maintenance. 15.2. Goods purchased by the Company from a third party either for incorporation into the Maintenance Services by the Company or for sale to the Buyer are subject to warranty as applicable from the supplier to the Company. To the maximum extent permitted by law, the Company does not give any warranty with regard to such goods, but will provide reasonable assistance to the Buyer, at the Buyer’s cost, to enforce the Buyer’s rights against the supplier. 15.3. The Buyer must notify the Company of any Maintenance Services that the Buyer believes do not meet the warranties in clause 15.1 stating the reasons or providing the evidence to support the Buyer’s belief, and must allow the Company or its nominee to inspect the Maintenance Services within a reasonable time after such notification. 15.4. If, within the Warranty Period, the Company agrees that the Maintenance Services do not meet the warranties in clause 15.1, and provided the Buyer will return any goods to the Company, the Company must, at its option: 15.4.1. re-perform the Maintenance Services or pay the cost of their reperformance; or 15.4.2. reimburse the Buyer the Price paid by the Buyer for the Maintenance Services. 15.5. Any re-performance by the Company will not extend the Warranty Period. 15.6. The Buyer acknowledges and accepts that it must firstly give the Company reasonable opportunity to rectify any part of the Maintenance Services that is not in accordance with the Contract before the Buyer can commence rectification either by the Buyer or its subcontractors, or the Buyer making any claim for a reduction in the Price or for any Loss. 15.7. The Company makes no other warranty to any person (including the Buyer) in relation to the Maintenance Services except those expressly set out in the Contract and those warranties which cannot be specifically excluded under law and the Company expressly excludes all other terms, conditions, warranties, undertakings, inducements or representations, whether expressly or implied or implied by statute.
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Warranties and Defects. 9.1 Unless we agree otherwise in writing, you must be, and must remain, at all times during the delivery of the Services, a company duly incorporated under the Corporations Act 2001 (Cth). 9.2 You represent and warrant that: (a) the Services will be supplied in accordance with all Legislative Requirements; (b) the Services and the Supplier Equipment strictly comply with the Specifications and are free from Defects; (c) you will, and will ensure that your Personnel, exercise the standards of diligence, due care and skill normally exercised by a prudent and similarly qualified and competent supplier supplying equivalent goods or services; (d) the Services are fit for any purpose that we reasonably notify to you (for example in the Purchase Order) or that may reasonably be inferred from the Contract; (e) all Goods are new, of merchantable quality and free from defects in materials, manufacture or workmanship; (f) for Services, your Personnel are appropriately qualified, competent and skilled to perform the part of the Services for which they are engaged; (g) any equipment used by you to deliver the Services, including the Supplier Equipment, is in safe working condition, complies with all Legislative Requirements and will be operated by suitably qualified, licensed and accredited Personnel; (h) if you enter the Contract as a trustee, you do so both independently and as trustee, you have power under the trust documents to do so and you enter the Contract for the benefit of all trust beneficiaries. 9.3 You consent to our assignment of any or all of the above warranties to our Clients or related companies.
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Warranties and Defects. (a) Following Practical Completion Council will, where possible, arrange to transfer any warranties provided by consultants and contractors to the Trust. (b) Council will be responsible for managing any claims against consultants and contractors in respect of defects in the design or construction of the Trust Works which arise prior to Final Completion. If pursuing any claim in relation to the Trust Works is likely to result in cost to Council that is more than minor, the Trust will reimburse the Council for any costs involved in pursuing the claim. Council will seek the Trust’s approval before pursuing any such claim for which the Trust will be reimbursing Council. In the event that a claim arises in respect of both the Council Works and Trust Works that cannot be adequately separately identified, the parties will meet to discuss a fair method of cost apportionment. In the event the parties cannot reach agreement on a method of cost apportionment, the provisions of clause 12 will apply.
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Warranties and Defects. Under the Individual Contracts, the VW T&B’s Affiliates shall grant customary representations and warranties that a) the licensed Technology and b) the supplied Engines (including components) will: a) licensed Technology • comply with the specifications (including design) to be agreed in the Individual Contracts; and Framework Agreement dated 5 September 2016 • not infringe any intellectual property or other proprietary rights of any third party. b) supplied Engines, *** and components • comply with the specifications to be agreed in the Individual Contracts; • perform in accordance with the specifications and/or is free of any errors or other defect restricting or otherwise impacting its use (in particular design defects and manufacturing defects); and • not infringe any intellectual property or other proprietary rights of any third party. Under the Supply Agreements the warranty period for the above warranties shall be for a duration that satisfies Navistar’s customer requirements and in compliance with mandatory Emissions Requirements. The Parties will include in each Individual Contract additional appropriate warranty and defect provisions, including with respect to warranty duration, in accordance with their well-established business practices.
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Related to Warranties and Defects

  • Warranties and Representations 9.3.1 The Supplier warrants and represents that:- (a) it has full capacity and authority and all necessary consents (including where its procedures so require, the consent of its Parent Company) to enter into and perform its obligations under the Contract; (b) the Contract is executed by a duly authorised representative of the Supplier; (c) in entering the Contract it has not committed any Fraud; (d) as at the Commencement Date, all information, statements and representations contained in the Tender for the Services are true, accurate and not misleading save as may have been specifically disclosed in writing to the Authority prior to execution of the Contract and it will advise the Authority of any fact, matter or circumstance of which it may become aware which would render any such information, statement or representation to be false or misleading; (e) no claim is being asserted and no litigation, arbitration or administrative proceeding is presently in progress or, to the best of its knowledge and belief, pending or threatened against it or its assets which will or might affect its ability to perform its obligations under the Contract; (f) it is not subject to any contractual obligation, compliance with which is likely to have an adverse effect on its ability to perform its obligations under the Contract; (g) no proceedings or other steps have been taken and not discharged (nor, to the best of its knowledge, are threatened) for the winding up of the Supplier or for its dissolution or for the appointment of a receiver, administrative receiver, liquidator, manager, administrator or similar officer in relation to any of the Supplier’s assets or revenue; (h) it owns, has obtained or is able to obtain valid licences for all Intellectual Property Rights that are necessary for the performance of its obligations under the Contract; (i) the Services shall be provided and carried out by appropriately experienced, qualified and trained Staff with all due skill, care and diligence; (j) in the three (3) years prior to the date of the Contract: (i) it has conducted all financial accounting and reporting activities in compliance in all material respects with the generally accepted accounting principles that apply to it in any country where it files accounts; (ii) it has been in full compliance with all applicable securities and tax laws and regulations in the jurisdiction in which it is established; and (k) it has not done or omitted to do anything which could have an adverse effect on its assets, financial condition or position as an ongoing business concern or its ability to fulfil its obligations under the Contract.

  • WARRANTIES AND REPRESENTATION 34.1 Neither of the Parties will be bound by any express or implied term, representation, warranty, promise or the like, not recorded herein.

  • Seller’s Warranties and Representations The matters set forth in this Section 11.1 constitute representations and warranties by Seller which are now and (subject to matters contained in any notice given pursuant to the next succeeding sentence) shall, in all material respects, at the Closing be true and correct. If Seller learns of, or has a reason to believe that any of the representations and warranties contained in this Article 11 may cease to be true and correct, Seller shall give prompt notice to Purchaser (which notice shall include copies of the instrument, correspondence, or document, if any, upon which Seller’s notice is based) and, in such event, Purchaser may terminate this Agreement, upon written notice to Seller, without recourse against Seller; provided, however; Seller cannot act voluntary in a manner which would cause a representation and warranty to become materially incorrect or inaccurate. As used in this Section 11.1, the phrase “to the extent of Seller’s actual knowledge” shall mean the actual current knowledge of ▇▇▇▇ ▇▇▇▇▇▇▇, with respect to water and sewage issues only, ▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇ and ▇▇▇▇▇ ▇▇▇▇▇▇ whom Seller represents to be the representatives of Seller having the responsibility for the management and sale of the Golf Course and accordingly the individuals responsible for being informed of matters relevant to this Agreement. There shall be no duty imposed or implied to investigate, inspect, or audit any such matters, and there shall be no imputed or personal liability on the part of such individuals. To the extent Purchaser has or acquires actual knowledge prior to the Closing Date that these representations and warranties are inaccurate, untrue or incorrect in any way, Purchaser may proceed to Closing without reduction in the Purchase Price and without recourse against Seller for such misrepresentation, in which even such representation or warranties shall be deemed modified to reflect Purchaser’s actual knowledge.

  • Representations, Warranties and Covenants of Buyer Buyer represents, and warrants to and covenants with Seller as follows:

  • GENERAL WARRANTIES AND REPRESENTATIONS The Borrower warrants and represents to the Agent and the Lenders that except as hereafter disclosed to and accepted by the Agent and the Majority Lenders in writing: