Common use of Compliance with Specifications Clause in Contracts

Compliance with Specifications. Contractor warrants that all goods, services, or work supplied to TWU under this Agreement shall conform to specifications, drawings, samples, or other descriptions contained or referenced herein and shall be merchantable, of good quality and workmanship and free from defect. The Contractor also warrants that all goods and services covered by this Agreement which are the product of the Contractor are in accordance with its specifications and consistent with industry standards. For software and website services, Contractor warrants that it will (a) use commercially reasonable efforts commensurate with the severity of any malfunction, defect, error or non-conformity in the services to correct the issue; (b) maintain reasonable safeguards and controls designed to deter and designed for the detection, prevention and correction of any unauthorized intrusion, access or use of the software and/or website including without limitation Trojan, ransomware and copy protect mechanisms; (c) notify TWU of any successful unauthorized intrusion, access or use of the software and/or website which may have resulted in access to TWU’s information, or TWU users’ information, as soon as reasonably practicable; and (d) while the software and/or website used in the provision of services to TWU may continue to improve and change over time, such changes shall not materially adversely affect the functioning of the software. Neither receipt of goods or services nor payment therefore shall constitute a waiver of this provision.