COMMON PROVISIONS TO PRODUCT WARRANTY AND PERFORMANCE WARRANTY Sample Clauses

COMMON PROVISIONS TO PRODUCT WARRANTY AND PERFORMANCE WARRANTY. 3.1 Validity and implementation of the Product Warranty The commissioning of the Product Warranty or the Performance Warranty is subject to conditions. In any case, the warranty only applies to DUALSUN products which have been purchased new. The User Customer must send its warranty request to its Retailer and/or Fitter, first of all, within a maximum period of six (6) weeks as from discovering the defect. The Retailer and/or the Fitter must liaise with the DUALSUN’S after sales service, if required. DUALSUN guarantees its products upon presentation of the original purchase invoice and/or of the delivery slip indicating the date of acquisition, the name of the User Customer and/or the Fitter, and the name of the Retailer, and, for the application of the PREMIUM WARRANTY, the Installation Report of the DUALSUN panels, duly completed and signed by the Authorized Fitter and the User Customer. The warranty of the DUALSUN panels only applies in cases in which DUALSUN solar panels were fitted in accordance with the conditions set forth in the DUALSUN’s Fitting Instructions, and in accordance with a normal and reasonable use. If the DUALSUN’s solar panel covered by the Product Warranty or by the Performance Warranty, is no longer manufactured by DUALSUN, the latter undertakes to provide the User Customer with a DUALSUN solar panel with equivalent functions. DUALSUN reserves the right to (i) perform an appraisal of the DUALSUN panel, involved in the warranty, (ii) have a third party appointed to perform an adversarial appraisal, (iii) appoint an independent approved inspection authority for appraisal for the certifications of the modules, in accordance with standard IEC 61215. DUALSUN may provide technical assistance to the Fitter. The latter however remains solely liable for the fitting of the DUALSUN panels which must be in working order and comply with the technical recommendations specified in the user manual of DUALSUN. In any case, it is expressly accepted that the returning of DUALSUN panels is only authorized after specific consent from DUALSUN.
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Related to COMMON PROVISIONS TO PRODUCT WARRANTY AND PERFORMANCE WARRANTY

  • Contractor’s Performance Warranties Contractor represents and warrants to the State that:

  • PERFORMANCE/ WARRANTIES Supplier warrants and undertakes that the Deliverables will be free from defects in material and workmanship and will conform to any specifications or requirements in the Agreement or agreed upon by the Parties in writing. Supplier warrants that if any Deliverable(s) fails to meet any such specifications or requirements or is otherwise nonconforming, Supplier will, at its own cost and expense and within 10 days of its receipt of written notice of such failure, either correct such deficiency or provide a plan acceptable to Accenture for correcting such deficiency. If such deficiency is not corrected within such 10-day period or a corrective plan is not accepted by Accenture, Accenture will have the option to require Supplier to: (i) provide a full refund; or (ii) promptly replace or reperform the Deliverable(s) at no charge. All Deliverables will be subject to an inspection and acceptance by Accenture, even if the Parties have not set forth any specifications or requirements regarding the Deliverables in the Agreement.

  • Performance Warranty Contractor shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to County’s satisfaction. Contractor shall be responsible for the professional quality, technical assurance, timely completion and coordination of all documentation and other goods/services furnished by the Contractor under this Contract. Contractor shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of County required in its governmental capacity, in connection with performance of the work. If permitted to subcontract, Contractor shall be fully responsible for all work performed by subcontractors.

  • Service Warranties Contractor warrants that: (i) the Services will be rendered with promptness and diligence and will be executed in a workmanlike manner, in accordance with the practices and professional standards used in well-managed operations performing services similar to the Services; and (ii) Contractor will perform the Services in the most cost-effective manner consistent with the required level of quality and performance. Contractor warrants that each Deliverable will conform to and perform in accordance with the requirements of this Agreement and all applicable specifications and documentation. For each such Deliverable, the foregoing warranty shall commence for such Deliverable upon the JBE’s acceptance of such Deliverable, and shall continue for a period of one (1) year following acceptance. In the event any Deliverable does not to conform to the foregoing warranty, Contractor shall promptly correct all nonconformities to the satisfaction of the JBE.

  • Disclaimer of Implied Warranties The warranty set forth herein is in lieu of, and ‘Reseller’ expressly disclaims all other product warranties of any kind whatsoever whether express, implied, statutory, arising by course of dealing or performance, custom, usage in the trade or otherwise, any warranty of merchantability, or fitness for a particular purpose, and in any event no such implied warranty has applicability beyond the time period covered by this warranty.

  • Product Warranties Except as set forth in Schedule 3.15, (a) there are no warranties express or implied, written or oral, with respect to the Business and (b) there are no pending or threatened claims with respect to any such warranty, and Seller has no liability with respect to any such warranty, whether known or unknown, absolute, accrued, contingent or otherwise and whether due or to become due.

  • Survival of Representations, Warranties and Covenants The representations, warranties and covenants of the Company, Parent and Merger Sub contained in this Agreement will terminate at the Effective Time, except that any covenants that by their terms survive the Effective Time will survive the Effective Time in accordance with their respective terms.

  • Contractor Warranties 14.1. The Contractor warrants, represents and undertakes that, throughout the Term:

  • Software Warranties In addition to, and without limiting the warranties set forth in Section 5 (Warranties) herein, Seller represents and warrants that: (a) all Software shall conform in all respects to all applicable documentation; and

  • Service Warranty Provider has carefully examined and analyzed the provisions of this Agreement, including but not limited to all exhibits attached and incorporated into it, and can and will perform, or cause, the Services to be performed in strict accordance with the provisions and requirements of the Agreement. Services will be performed in a timely, professional and workmanlike manner in accordance with all applicable industry and professional standards.

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