Warranty and Representations Sample Clauses

Warranty and Representations. Licensor warrants and represents that it has the legal right to grant the license set forth herein.

Warranty and Representations. 9.1 BZ will carry out the Contract with reasonable skill and care and where Goods or Services supplied by BZ are proved to be defective within six months of delivery due solely to defective materials or defective workmanship then BZ at its discretion shall (a) replace such Goods or offer to re-perform the relevant Services without charge as the case may be or (b) allow the Purchaser a reasonable credit in respect of such Goods or Services. 9.2 Only written warranties and representations, and not verbal ones, made by BZ may be relied on by the Purchaser. The Purchaser warrants that he has disclosed to BZ in writing all matters which may affect the fitness for their purpose of Goods supplied or the effectiveness of Services rendered. The conditions of the contract are limited to those stated in writing by BZ. 9.3 BZ may at any time change its warranty without incurring any liability to the Purchaser. 9.4 All conditions and representations expressed or implied by statue, common law or otherwise in relation to the Goods are hereby excluded to the fullest extend permitted by law save for liability for death or personal injury caused by negligence.

Warranty and Representations. Buyer represents that it has inspected the timber included in this Contract, is satisfied therewith, and enters into this Contract upon their own knowledge and information and not upon nor as a result of any inducement or representation of Seller, or any representative of Seller. Buyer shall not discriminate against disadvantaged minority, women or emerging small business enterprises, or a business enterprise that is owned or controlled by or that employs a disabled veteran, in the awarding of subcontracts, as required by ORS 279A.110. Seller warrants that it is the owner of timber sold hereunder and has the right to sell it free and clear of all encumbrances that would substantially interfere with the rights of Buyer, and Seller will defend the title to and the right to remove the timber against the claims of all persons. Notwithstanding the foregoing, the parties agree that, should the harvest of the timber sold hereunder be impeded or prevented due to Federal and/or State laws and rules and regulations pursuant thereto regarding environmental matters and/or threatened and endangered species, Seller has the exclusive right to either eliminate from this Contract such timber or substitute other timber of substantially equal quality and volume.

Warranty and Representations. (a) Company’s Disclaimer of Express and/or Implied Warranties. CUSTOMER ACKNOWLEDGES AND AGREES THAT COMPANY HAS NOT MADE, DOES NOT MAKE AND SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, PROMISES, COVENANTS, AGREEMENTS OR GUARANTEES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT OR FUTURE, OF, AS TO, CONCERNING, OR WITH RESPECT TO THE COMPANY’S OBLIGATIONS, SERVICES AND/OR THE EQUIPMENT. CUSTOMER ACKNOWLEDGES THAT THERE IS NO WARRANTY IMPLIED BY LAW, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND THE IMPLIED WARRANTY OF CUSTOM OR USAGE. CUSTOMER FURTHER ACKNOWLEDGES IN NO EVENT DOES COMPANY WARRANT AND/OR GUARANTY TO THE CUSTOMER THAT THE ELECTRICAL SERVICES TO THE RESIDENTIAL PROPERTY WILL BE UNINTERRUPTED OR THAT THE INSTALLATION OF THE EQUIPMENT AND PROVISION OF SERVICES PROVIDED HEREUNDER WILL AVERT OR PREVENT THE INTERRUPTION OF ELECTRIC SERVICES.

Warranty and Representations. The Advisor represents and warrants that it is a registered investment advisor under the Investment Advisers Act of 1940, as amended, and that such registration is currently effective. The Client acknowledges receipt, at least 48 hours prior to entering into this agreement, of a copy of Part II of the Advisor's current filing with the Securities and Exchange Commission on Form ADV. Cambridge Capital Advisors' employees and other associated persons may purchase securities that are owned by one or more of the Advisor's clients provided that such activities do not conflict with securities laws, the firm's ▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇ policies, Code of Ethics, or any other company policies with respect to personal trading.

Warranty and Representations. DRAFT Buyer represents that it has inspected the timber included in this Contract, is satisfied therewith, and enters into this Contract upon their own knowledge and information and not upon nor as a result of any inducement or representation of Seller, or any representative of Seller. Buyer shall not discriminate against disadvantaged minority, women, or emerging small business enterprises in the awarding of subcontracts, as required by ORS 279.111. Seller warrants that it is the owner of timber sold hereunder and has the right to sell it free and clear of all encumbrances that would substantially interfere with the rights of Buyer, and ▇▇▇▇▇▇ will defend the title to and the right to remove the timber against the claims of all persons. Notwithstanding the foregoing, the parties agree that, should the harvest of the timber sold hereunder be impeded or prevented due to Federal and/or State laws and rules and regulations pursuant thereto regarding environmental matters and/or threatened and endangered species, Seller has the exclusive right to either eliminate from this Contract such timber or substitute other timber of substantially equal quality and volume.

Warranty and Representations. 17.1 The Service Provider warrants and represents that: (a) the Service Provider has the full capacity and authority and all necessary consents (including but not limited to, where its procedures so require, the consent of its parent company) to enter into and perform the Contract and that the Contract is executed by a duly authorised representative of the Service Provider; (b) in entering the Contract it has not committed any offence under the Bribery Act 2010 or of fraud or uttering at common law or any other kind referred to in the Public Contracts (Scotland) Regulations 2015; (c) it has not committed any breach of the Employment Relations 1999 Act (Blacklists) Regulations 2010 or section 137 of the Trade Union and Labour Relations (Consolidation) Act 1992, or committed any breach of the Data Protection Act 1998 by unlawfully processing personal data in connection with any blacklisting activities; (d) as at the Commencement Date, all information contained in the ESPD and bidder’s tender remains true, accurate and not misleading, save as may have been specifically disclosed in writing to the Purchaser prior to execution of the Contract; (e) no claim is being asserted and no litigation, alternative dispute resolution procedure or administrative proceeding is presently in progress or, to the best of its knowledge and belief, pending or threatened against it or any of its assets which will or might have a material adverse effect on 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 a material 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 Service Provider 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 Service Provider’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) in the 3 years prior to the Commencement Date: 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 accou...

Warranty and Representations. 9.1. The CONTRACTOR warrants that the WORKS shall be performed in a professional manner in accordance with the requirements and conditions of this CONTRACT and/or ORDER and it has the experience, capability and resources including by suitably qualified, sufficient and competent personnel to efficiently and expeditiously perform the WORKS in accordance with good industry practices and in compliance with the requirements and conditions of this CONTRACT and/or ORDER. 9.2. The CONTRACTOR shall perform the WORKS under this CONTRACT and/or ORDER in accordance with recognised professional standards, principles and/or technical expertise under similar circumstances and that its WORKS shall meet the intents and objectives of the CONTRACT and/or ORDER. If any such services fail to meet the aforementioned standards which cause the WORKS or a portion thereof to be deficient, then, the CONTRACTOR shall within reasonable time rectify the deficient services, mistake, fault, omission or damages at the CONTRACTOR’s expenses. 9.3. If the CONTRACTOR delays, neglects, refuses, or fails to perform, or take the necessary measures to eliminate the failures, defects, damages, deficiencies and/or faults within reasonable time, then the COMPANY may take remedial steps as the COMPANY deems necessary to eliminate the same and correct all associated problems. The reasonable, justifiable and direct cost of such remedial steps taken by the COMPANY shall be billed to the CONTRACTOR at the discretion of the COMPANY in accordance with the provision of this CONTRACT. 9.4. In the event that GOODS are supplied as part of the WORKS, the CONTRACTOR guarantees the following: 9.4.1. the GOODS are new and unused; 9.4.2. the GOODS are free from defects in materials and workmanship, fit and suitable for the purpose for which they are intended for under this CONTRACT and/or ORDER if such purpose has been defined in the CONTRACT and/or ORDER and where the purpose is not defined, fit for its ordinary purpose. 9.5. The CONTRACTOR’s scope of warranty shall cover all expenses to replace all GOODS found to be defective during the warranty period and all services provided for making good any defective GOODS. 9.6. Any new GOODS replacing the defective GOODS during the warranty period shall be warranted under the same terms and conditions for another period from the date of replacement. 9.7. In the event that the CONTRACTOR obtains more favourable warranties and guarantees from its suppliers, such warranties ...

Warranty and Representations. 5.1 You represent and warrant that you and the Representative, will perform all activities relating to the Services: a) in accordance with Good Industry Practice and in a professional and lawful manner; b) if applicable, using appropriately skilled and experienced personnel whose identity, address and right to live and work in Bermuda and (to the maximum extent permissible) whose absence of relevant criminal records has been verified; c) in strict accordance with the standards and timelines set out in Schedule A and Appendix 1, free of defects, errors or faults, in order to meet the needs of the Government; and d) in accordance with applicable law; rules, regulations, manuals, guidelines or policies, including the current financial instructions issued by the Accountant General of the Government. 5.2 You represent and warrant that this Agreement is executed by you or by your duly authorized Representative and that you have obtained all required authorizations and capacity in order that you can fulfill your obligations. 5.3 You are responsible for all acts or omissions of a Representative relating to the Services and for ensuring their compliance with the requirements of this Agreement. 5.4 You will seek prior permission from the Government prior to outsourcing any service. In the event of any outsourcing, you will be responsible for all outsourced services or personnel. 5.5 You shall procure the benefit of any warranties or guarantees in respect of goods and materials you supply to Government and provide copies of such warranties or guarantees. 5.6 You will provide information or sign any other agreements necessary or as requested by the Government, in order that either you or the Government can fulfill their obligations under this Agreement. 5.7 You acknowledge and warrant that you are fully satisfied as to the scope and nature of the Services and of your obligations under this Agreement and that you have the corporate power and authority to enter into, and perform your obligations under, the Agreement.