WARRANTIES GIVEN BY YOU Sample Clauses

The "Warranties Given By You" clause sets out the specific promises or assurances that one party (typically the seller or service provider) makes to the other party regarding the quality, condition, or legal status of goods, services, or information provided under the contract. In practice, this clause may require you to confirm that products are free from defects, that you have the right to sell them, or that your services will meet certain standards. Its core function is to allocate risk and provide the other party with legal recourse if the warranties are breached, thereby ensuring trust and clarity in the transaction.
WARRANTIES GIVEN BY YOU. 10.1 In addition to any other obligations contained in these Terms and Conditions, you hereby warrant and undertake that : 10.1.1 you are aware of the nature and limitations of the goods that you are purchasing and you will communicate the nature and limitations of such goods to the persons operating the goods; 10.1.2 you are in possession of all applicable licences, consents and/or permits and you indemnify the Company against any losses suffered as a result of the use of the goods by your employees and agents; 10.1.3 you shall not market and/or promote and/or advertise the goods for a use for which the goods were not originally intended; 10.1.4 instructions for the use of the goods will be clear and understandable and each of your employees and agents shall be trained by you in the proper usage of the goods; 10.1.5 to the extent that you have been expressly informed by the Company that particular goods were offered in a specific condition, such as in the case of used or reconditioned goods, and you expressly agreed to accept the goods in that condition, or knowingly acted in a manner consistent with accepting the goods in that condition, you will be deemed to have accepted the goods in the condition concerned and shall have no claim against the Company in respect of the nature and quality of those goods and you hereby undertake to : 10.1.5.1 make such nature and quality of the goods clear to your employees, agents and any persons by whom the goods are used; and 10.1.5.2 advise your employees, agents and any persons of the specific condition/s concerned.
WARRANTIES GIVEN BY YOU. 12.1 You warrant in favour of YeboYethu that: 12.1.1 You are an Eligible Person; 12.1.2 You will be the Beneficial Owner of Your YeboYethu Ordinary Shares or the YeboYethu Ordinary Shares will be registered in Your name as an Own Name Client, as the case may be; 12.1.3 each warranty provided by You in clauses 12.1.1 and 12.1.2 is and will be true from the date that You acquire Your YeboYethu Ordinary Shares and: 12.1.3.1 in respect of the warranty provided by You in clause 12.1.1, it will continue to be true for so long as You hold YeboYethu Ordinary Shares; and 12.1.3.2 in respect of the warranty provided by You in clause 12.1.2, it will continue to be true for so long as You hold Your YeboYethu Ordinary Shares as Beneficial Owner or Own Name Client, as the case may be. 12.2 You acknowledge that YeboYethu will rely on the truth and completeness of the above warranties when recording Your details as the Beneficial Owner of YeboYethu Ordinary Shares or an Own Name Client, as the case may be. 12.3 The warranties given by You in clause 12.1 are material. You undertake in favour of YeboYethu that, while Your YeboYethu Ordinary Shares are Beneficially Owned by You or registered in Your name as an Own Name Client, you will be and remain an Eligible Person.
WARRANTIES GIVEN BY YOU. 5.1 You: 5.1.1 warrant in favour of YeboYethu, the JSE and each Market Participant that for the duration of this YeboYethu BEE Contract, any information provided by You to any such person will be true and complete unless You advise them in writing to the contrary; and 5.1.2 acknowledge that YeboYethu, the JSE and the Market Participants will rely on the truth and completeness of the above warranty. 5.2 The warranty in clause 5.1.1 is material.

Related to WARRANTIES GIVEN BY YOU

  • Representations and Warranties will be Relied Upon by the Company 8.1 The Subscriber acknowledges that the representations and warranties contained herein are made by it with the intention that such representations and warranties may be relied upon by the Company and its legal counsel in determining the Subscriber's eligibility to purchase the Shares under applicable securities legislation, or (if applicable) the eligibility of others on whose behalf it is contracting hereunder to purchase the Shares under applicable securities legislation. The Subscriber further agrees that by accepting delivery of the certificates representing the Shares on the Closing Date, it will be representing and warranting that the representations and warranties contained herein are true and correct as at the Closing Date with the same force and effect as if they had been made by the Subscriber on the Closing Date and that they will survive the purchase by the Subscriber of Shares and will continue in full force and effect notwithstanding any subsequent disposition by the Subscriber of such Shares.

  • Warranties Disclaimers a) Licensor represents and warrants that it has the right to grant to Licensee the rights granted hereunder. b) Licensor represents and warrants that during the Warranty Period the Licensed Products will perform all material functions set out in the Documentation for such Licensed Products and otherwise operate in substantial accordance with such Documentation. If, during the Warranty Period the Licensed Products fail to comply with this warranty, Licensee must notify Licensor in writing of any alleged errors or non-conformities with the Licensed Products. Licensor will have thirty (30) days from receipt of such notice or an additional period of time as reasonably agreed to by the parties to correct such errors or non-conformities in accordance with the Support Guidelines. If Licensor is unable to timely correct such errors or non- conformities, Licensee may elect to terminate the license to such Licensed Products. If Licensee terminates the license to such Licensed Products during the Warranty Period in accordance with this Section, Licensee will, as its remedy, receive a refund of all fees previously paid for such Licensed Products. c) LICENSOR DOES NOT WARRANT THAT THE LICENSED PRODUCTS WILL OPERATE ERROR-FREE OR THAT LICENSOR WILL CORRECT ALL PRODUCT ERRORS INCLUDING THOSE DESIGNATED AS MEDIUM OR LOW SEVERITY LEVEL ISSUES. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS AGREEMENT, THE LICENSED PRODUCTS ARE PROVIDED “AS IS” AND LICENSOR AND ITS THIRD PARTY SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE LICENSED PRODUCTS AND SERVICES FURNISHED UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE IN TRADE. d) LICENSOR WILL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES CAUSED BY THE UNAUTHORIZED USE OF THE LICENSED PRODUCTS OR ACTS OF ABUSE OR MISUSE BY LICENSEE. IN ADDITION, LICENSOR WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE IN CONNECTION WITH OR ARISING OUT OF THE INTERRUPTION OR LOSS OF USE OF THE LICENSED PRODUCTS OR THE LOSS OR CORRUPTION OF LICENSEE'S DATA OR FILES PROCESSED OR STORED BY THE LICENSED PRODUCTS. e) THE LICENSED PRODUCTS MAY CONTAIN A DISABLING DEVICE OR DEVICE REQUIRING ENABLEMENT: (i) TO COMPLY WITH REQUIREMENTS OF REGULATORY AUTHORITIES; (ii) TO PREVENT USE OF THE LICENSED PRODUCTS BEYOND THE TERM OF A LICENSE IDENTIFIED IN AN ORDER OR ON A COMPUTER OTHER THAN THE COMPUTER AUTHORIZED IN AN ORDER; AND/OR (iii) TO PREVENT USE OF THE LICENSED PRODUCTS IN EXCESS OF ANY TRANSACTIONS (OR OTHER RESTRICTIONS) OR BY MORE THAN THE NUMBER OF USERS SET OUT IN AN ORDER.

  • Warranties Disclaimer EXCEPT FOR THE EXPRESS WARRANTIES ABOVE, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, MARKETO AND ITS THIRD PARTY PROVIDERS DISCLAIM ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. MARKETO DOES NOT WARRANT THE RELIABILITY, TIMELINESS, SUITABILITY, OR ACCURACY OF THE SUBSCRIPTION SERVICES OR THE RESULTS CUSTOMER MAY OBTAIN BY USING THE SUBSCRIPTION SERVICES. MARKETO DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OF THE SUBSCRIPTION SERVICES OR THAT MARKETO WILL CORRECT ALL DEFECTS OR PREVENT THIRD PARTY DISRUPTIONS OR UNAUTHORIZED THIRD PARTY ACCESS. MARKETO DISCLAIMS ALL FAILURES, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET.

  • Warranties, etc Pledgor represents and warrants unto each Lender Party, as at the date of each pledge and delivery hereunder (including each pledge and delivery of Pledged Shares) by Pledgor to Collateral Agent of any Collateral, as set forth in this Article.

  • Representations and Warranties by Each Party Each Party represents and warrants to the other as of the Effective Date that: 12.1.1 it is a corporation duly organized, validly existing, and in good standing under the laws of its jurisdiction of formation; 12.1.2 it has full corporate power and authority to execute, deliver, and perform this Agreement, and has taken all corporate action required by Applicable Laws and its organizational documents to authorize the execution and delivery of this Agreement and the consummation of the transactions contemplated by this Agreement; 12.1.3 this Agreement constitutes a valid and binding agreement enforceable against it in accordance with its terms (except as the enforceability thereof may be limited by bankruptcy, bank moratorium or similar laws affecting creditors’ rights generally and laws restricting the availability of equitable remedies and may be subject to general principles of equity whether or not such enforceability is considered in a proceeding at law or in equity); and 12.1.4 the execution and delivery of this Agreement and all other instruments and documents required to be executed pursuant to this Agreement, and the consummation of the transactions contemplated hereby do not and shall not (a) conflict with or result in a breach of any provision of its organizational documents, (b) result in a breach of any agreement to which it is a party; or (c) violate any Applicable Laws.