Goods Warranty. Seller warrants that all Goods provided will be new and will not be used or refurbished. Seller warrants that all Goods delivered shall be free from defects in materials and workmanship and shall conform to all applicable specifications, drawings, samples or other descriptions given, including those set forth in this Agreement and Seller's sales literature, to be of merchantable quality, to correctly process, provide, and/or receive date data within and between the twentieth and twenty-first centuries, and, if of Seller's design, to be suitable for the purpose intended, to meet all of the performance requirements and to be free from defects in design. This warranty shall run to NETAPP, its successors, assigns, and the users of Goods covered by this Agreement. Seller agrees to replace or to correct any Goods not conforming to the foregoing requirements when notified by NETAPP or its successors within three (3) years after final acceptance. Seller hereby agrees that it will make spare parts available to NETAPP for a period of five (5) years from the date of shipment at Sellers then current price, less applicable discounts. If Seller, upon notice of defect, fails promptly to correct or replace the Goods, NETAPP may do so without further notice and Seller shall reimburse NETAPP for all costs incurred thereby. No inspection, test or approval of any kind, including approval of designs, shall affect Seller's obligation under this Section. Goods which have been rejected shall not thereafter be tendered for acceptance unless the former rejection and correction are identified. Replaced or repaired Goods shall be subject to the provisions of this Section 22to the same extent as the original Goods except that the warranty shall run from the last delivery date. NETAPP may return rejected Goods or hold them at Sellers risk and expense, and may in either event charge Seller with costs of transportation, shipping, unpacking, examining, repacking, reshipping, and the like.
Goods Warranty. Unless stated otherwise in the documents accompanying these terms and conditions, Seller shall warrant all goods against defects in design and performance for a period of one year following delivery. If this Contract is for delivery of goods, Seller shall observe, comply with and afford Buyer all applicable Uniform Commercial Code warranties contained in the New York Consolidated Laws, and Seller hereby acknowledges that Buyer does not waive or accept any disclaimer of any such warranties.
Goods Warranty. (a) Seller warrants the Goods delivered pursuant to this Subcontract, unless specifically stated otherwise in this Subcontract, shall (i) be new; (ii) be and only contain materials obtained directly from the OEM or an authorized OEM reseller or distributor (Note – Independent Distributors (Brokers) shall not be used by Seller without written consent from Buyer); (iii) not be or contain Counterfeit Items; (iv) contain only authentic, unaltered OEM labels and other markings; (v) have documentation made available upon request that authenticates traceability to the applicable OEM; and (vi) be free from defects in workmanship, materials, and design and be in accordance with all the requirements of this Subcontract. Seller further warrants that the performance of work and services shall conform with the requirements of this Subcontract. These warranties shall survive inspection, test, final acceptance and payment of Goods and Services;
Goods Warranty. SUPPLIER warrants that the Goods:
Goods Warranty. Contractor warrants that, for a period of twelve (12) months from the date when the Goods are put into use, or eighteen (18) months after delivery of the Goods, whichever is later (“Goods Warranty Period”), the Goods: (a) are free from defects in design, material, and workmanship; (b) are fit and safe for the intended purposes and appropriate for the specified application(s) (if any); (c) are consistent with recognized industry quality standards; (d) comply with the requirements, specifications, drawings, standards, and descriptions included in this Master Contract; and (e) are produced and delivered in full compliance with applicable law (“Goods Warranty”). Contractor further warrants that it has good and marketable title to the Goods and shall keep Purchaser’s property free of liens. If Purchaser receives notice of a lien caused by Contractor, Purchaser may withhold any payment otherwise due Contractor until Contractor submits proof, in a form satisfactory to Purchaser, that all lienable claims have been fully paid or waived.
Goods Warranty. Subject to the conditions set forth herein, Madern warrants to Buyer that for the one (1) year period commencing upon the Acceptance Date, the Goods will be free from defects in material, workmanship and design and will perform in accordance with Madern’s specifications under normal use/service and in accordance with information provided by Madern. Madern’s sole obligation, and Buyer’s sole and exclusive remedy, under this limited warranty is to repair or replace or refund the purchase price of, at Madern’s option and expense, any Goods or component thereof that is defective in material, workmanship, or design provided that (a) Buyer has promptly notified Madern of such defects before the end of the Warranty Period and
Goods Warranty. Without limiting any warranties that may otherwise be associated with the Goods, including without limitation, implied warranties and warranties stated in any of Seller's documentation in favor of Buyer, Seller expressly warrants to Buyer that all Goods (a) will conform to all specifications, drawings, designs, quality control plans, and any other descriptions made available to Buyer by Seller; (b) will be free from defects in design, material and workmanship; (c) shall be merchantable; (d) shall be fit for the intended purpose; (e) will comply with all applicable laws and regulations; (f) will not infringe any patent, patent application or any other intellectual property rights of any third party; and (g) will be free and clear of any and all encumbrances of whatsoever kind and nature. Goods not in compliance with this Goods Warranty clause shall be considered “Non-Conforming Goods” with all the rights and remedies afforded therein. All warranties are transferrable to Buyer's ultimate end user/end customer.
Goods Warranty. (1) Seller warrants that all Goods provided will be new and will not be used or refurbished. Seller warrants that all Goods delivered shall be free from defects in materials and workmanship and shall conform to all applicable specifications, drawings, samples or other descriptions given, including those set forth in this Agreement and Seller's sales literature, to be of merchantable quality, to correctly process, provide, and/or receive date data within and between the twentieth and twenty-first centuries, and, if of Seller's design, to be suitable for the purpose intended, to meet all of the performance requirements and to be free from defects in design. Seller agrees to replace or to correct any Goods not conforming to the foregoing requirements when notified by NETAPP or its successors within three (3) years after final acceptance. Seller hereby agrees that it will make spare parts available to NETAPP for a period of five (5) years from the date of shipment at
Goods Warranty. Seller warrants that all Goods furnished pursuant to this PO shall strictly conform to applicable specifications, drawings, samples, descriptions, and other requirements of this PO, and be free from defects in design, material, and workmanship. This warranty shall begin upon final acceptance and extend for a period of one (1) year. If any nonconforming Goods are identified within the warranty period, Seller, at Buyer's option, shall promptly repair or replace Goods. Transportation of replacement Goods and the return of nonconforming Goods shall be at Seller's expense. If repair or replacement of Goods is not timely, Buyer may elect to return, repair, replace, or re-procure the non-conforming Goods at Seller's expense. All warranties shall extend to Buyer and its customers.
Goods Warranty. 19.1. Seller warrants the Goods delivered pursuant to this Subcontract, unless specifically stated otherwise in this Subcontract, shall: (i) be new; (ii) be and only contain materials obtained directly from Authorized Distributors;
