Warranty Term, Assignment, and Enforcement Clause Samples

The 'Warranty Term, Assignment, and Enforcement' clause defines the duration of warranties provided under the agreement, outlines whether and how warranty rights can be transferred to third parties, and specifies the procedures for enforcing those rights. In practice, this clause may state that warranties last for a set period, such as one year from delivery, clarify if the buyer can assign warranty claims to another party (like a subsequent purchaser), and describe the steps required to make a warranty claim or seek remedies. Its core function is to provide certainty regarding the lifespan and transferability of warranties, as well as to establish a clear process for addressing warranty-related issues, thereby reducing disputes and ensuring both parties understand their rights and obligations.
Warranty Term, Assignment, and Enforcement. (a) Seller acknowledges that this Agreement, including the Scope Book, requires Seller to obtain warranties that (i) may exceed the term of the Project Warranty for or with respect to specified components, equipment, systems, and other parts of the Project, such as, for purposes of illustration only, the PV Modules, Trackers, PCUs, transformers (including the GSU), and ▇▇▇▇, and (ii) include other specified warranty terms.
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Warranty Term, Assignment, and Enforcement. 54 NTD: This draft assumes that Seller will not perform any meaningful portion of the EPC Work for the Project. If Seller will perform a meaningful portion of such Work, the warranty provisions in this Agreement may require modification to address such Work.
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Warranty Term, Assignment, and Enforcement. (a) Seller acknowledges that this Agreement, including the Scope Book, requires Seller to obtain warranties that (i) may exceed the term of the Project Warranty for or with respect to specified components, equipment, systems, and other parts of the Project, such as, for purposes of illustration only, the PV Modules, Trackers, PCUs, transformers (including the GSU), and ▇▇▇▇, and (ii) include other specified warranty terms. (b) Seller shall assign, convey, and otherwise transfer to Buyer the Transferred Closing Warranties (including the Project Warranty and all other warranties, including equipment warranties for Major Project Hardware, obtained from the EPC Contractor or any Contactor or Subcontractor in connection with the Work) and any Transferred Post-Closing Warranties on the applicable Warranty Transfer Date. (c) With respect to any Transferred Closing Warranty or Transferred Post- Closing Warranty transferred to Buyer at or after the Closing, Buyer hereby grants to Seller and, with respect to equipment or other warranty claims covered by the Project Warranty, agrees to provide to the EPC Contractor the right to enforce and pursue a warranty claim against the EPC Contractor or any other Contactor or Subcontractor (including any equipment manufacturer) under such Transferred Closing Warranty or Transferred Post-Closing Warranty for the period from the applicable Warranty Transfer Date through Final Completion (with respect to Seller) or through the expiration of the Project Warranty (with respect to the EPC Contractor) in connection with Seller’s obligations under this Agreement or any Ancillary Agreement or the EPC Contractor under the Project Warranty; provided that the foregoing shall not limit Buyer’s right to enforce and pursue any warranty claim against the EPC Contractor or any other Contactor or Subcontractor during such period or any claim against Seller or a member of the Seller Group in connection with the Work. Without limiting the other provisions of this Agreement, Seller shall cooperate with and assist Buyer in the enforcement of each Transferred Closing Warranty and each Transferred Post-Closing Warranty and take such other and further actions as may be reasonable and necessary for Buyer to obtain the full benefit of each Transferred Closing Warranty and Transferred Post- Closing Warranty.
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Related to Warranty Term, Assignment, and Enforcement

  • Construction and Enforcement This Agreement shall be construed in accordance with the laws of the State of Florida, without and application of the principles of conflicts of laws. If it becomes necessary for any party to institute legal action to enforce the terms and conditions of this Agreement, and such legal action results in a final judgment in favor of such party ("Prevailing Party"), then the party or parties against whom said final judgment is obtained shall reimburse the Prevailing Party for all direct, indirect or incidental expenses incurred, including, but not limited to, all attorney's fees, court costs and other expenses incurred throughout all negotiations, trials or appeals undertaken in order to enforce the Prevailing Party's rights hereunder. Any suit, action or proceeding with respect to this Agreement shall be brought in the state or federal courts located in St. Lucie County in the State of Florida. The parties hereto hereby accept the exclusive jurisdiction and venue of those courts for the purpose of any such suit, action or proceeding. The parties hereto hereby irrevocably waive, to the fullest extent permitted by law, any objection that any of them may now or hereafter have to the laying of venue of any suit, action or proceeding arising out of or relating to this Agreement or any judgment entered by any court in respect thereof brought in St. Lucie County, Florida, and hereby further irrevocably waive any claim that any suit, action or proceeding brought in St. Lucie County, Florida, has been brought in an inconvenient forum.

  • Assignment and Enurement Neither this Agreement nor any right or obligation under this Agreement may be assigned by any Party, other than provided for herein, without the prior written consent of the other Parties. This Agreement enures to the benefit of and is binding upon the Parties and their respective heirs, executors, administrators, estate trustees, trustees, personal or legal representatives, successors and permitted assigns.