Warranty period and guaranteed performance Clause Samples

The 'Warranty period and guaranteed performance' clause defines the duration during which the seller or service provider guarantees that the product or service will meet specified performance standards. Typically, this clause outlines the exact length of the warranty (such as 12 months from delivery) and details the performance benchmarks the product must achieve, such as minimum efficiency or reliability levels. Its core function is to protect the buyer by ensuring that any defects or failures within the warranty period are addressed by the provider, thereby allocating risk and promoting confidence in the product's quality.
POPULAR SAMPLE Copied 1 times
Warranty period and guaranteed performance. ‌ Unless otherwise agreed in Appendix 7, the warranty period shall be one (1) year for software and two (2) years for equipment, starting from the date delivery is deemed to have taken place pursuant to clause 2.1.5. Contingent upon normal, diligent use on the part of the Customer, the Contractor shall, at no additional cost, rectify errors and defects, replace defect parts of equipment and rectify errors in software governed by this Agreement and which the Customer has complained about before the expiry of the warranty period. No damages or other remedies for breach of contract may be claimed for defects that are rectified pursuant to the warranty. The error rectification of software shall be deemed fulfilled once the error rectification is made available to the Customer. Appendix 2 may specify detailed requirements for the maintenance of equipment that must be performed for the warranty to remain valid. Rectifications shall be performed without undue delay. The second to last paragraph of clause 2.1.3 shall apply correspondingly. The Contractor is free to choose if errors shall be rectified through rectifications, redelivery or additional deliveries. If the Contractor chooses to rectify errors during the warranty period by delivering a new version of the software, the Contractor shall not be entitled to any consideration in respect of the new version, even if it contains improvements. The Contractor may only rectify errors and defects by way of the delivery of a new version if the Customer is able to utilise such new version on the Customer's existing technical platform.
Warranty period and guaranteed performance. If the warranty period will deviate from clause 2.1.6 of the Agreement, this shall be stated here. Example of price table for goods:
Warranty period and guaranteed performance. The warranty period shall be two (2) years, starting from the date delivery is deemed to have taken place pursuant to clause 2.1.2. Contingent upon normal, diligent use on the part of the Customer, the Supplier shall, at no additional cost, rectify errors and defects, replace defect parts of goods which the Customer has complained about before the expiry of the warranty period. Appendix 2 may specify detailed requirements for the maintenance of goods that must be performed for the warranty to remain valid. Rectifications shall be performed without undue delay. The Supplier is free to choose if errors shall be rectified through rectifications, redelivery or additional deliveries. If the Supplier chooses to rectify errors during the warranty period by delivering a new specimen, the Supplier shall not be entitled to any payment in respect of the new specimen, even if it contains improvements. This clause does not affect the Customer’s rights under the Sale of Goods Act, cf. clause 2.7.
Warranty period and guaranteed performance. If the Contractor stipulates requirements in respect of the maintenance that must be performed in order for equipment warranties to be valid, this shall be specified here.

Related to Warranty period and guaranteed performance

  • Contract Performance C19.1 The Contractor shall ensure that: C19.1.1 the Goods conform in all respects with the Specification and, where applicable, with any sample or performance demonstration approved by the Authority; C19.1.2 the Goods operate in accordance with the relevant technical specifications and correspond with the requirements of the Specification and any particulars specified in the Contract; C19.1.3 the Goods conform in all respects with all applicable Laws; and C19.1.4 the Goods are free from defects in design, materials and workmanship and are fit and sufficient for all the purposes for which such Goods are ordinarily used and for any particular purpose made known to the Contractor by the Authority.

  • Product Performance Contractor hereby warrants and represents that the Products acquired by the Authorized User under the terms and conditions of this Contract conform to the specifications, performance standards and documentation in the Authorized User Agreement., and the documentation fully describes the proper procedure for using the Products. Contractor further warrants and represents that if the Products acquired by the Authorized User pursuant to an Authorized User Agreement under this Contract include software application development, software application customization, software programming, software integration or similar items (“Software Deliverables”) then such Software Deliverables shall be free from defects in material and workmanship and conform with all requirements of the Contract and Authorized User Agreement for the warranty period of one (1) year from the date of acceptance of the completed project (“Project warranty period”). Contractor also warrants that the Products, in the form provided to the Authorized User, do not infringe any copyright, trademark, trade secret or other right of any third party.

  • Payment and Performance The Borrower will pay all amounts due under the Loan Documents in accordance with the terms thereof and will observe, perform and comply with every covenant, term and condition expressed or implied in the Loan Documents. The Borrower will cause each other Loan Party to observe, perform and comply with every such term, covenant and condition in any Loan Document.

  • Excused Performance In case performance of any terms or provisions hereof shall be delayed or prevented because of compliance with any law, decree or order of any governmental agency or authority, whether the same shall be of Local, State or Federal origin, or because of riots, war, public disturbances, strikes, lockouts, differences with workmen, fires, floods, acts of God or any other reason whatsoever which is not within the control of the party whose performance is interfered with and which, by the exercise of reasonable diligence, said party is unable to prevent, the party so suffering may, at its option, suspend, without liability, the performance of its obligations hereunder during the period of such suspension of performance of duties hereunder.

  • Continued Performance The Contractor and Contractor Parties shall continue to Perform their obligations under the Contract while any dispute concerning the Contract is being resolved.