Common use of DEFECTS AFTER DELIVERY Clause in Contracts

DEFECTS AFTER DELIVERY. 10.1 Seller warrants (i) subject to the other provisions of the Contract, good title to and the unencumbered use of the Goods; (ii) that Goods manufactured by Seller and/or Seller’s Affiliates shall conform with Seller’s specifications therefore and be free of defects in materials and workmanship and (iii) that Services provided by Seller or Seller Affiliates will be performed with all reasonable skill, care and due diligence and in accordance with good engineering practice. Seller will make good, by repair or at Seller’s option by the supply of a replacement part or parts, any defects which, under proper use, care and maintenance, appear in Goods of Seller’s or Seller’s Affiliates’ manufacture and which are reported to Seller within 12 calendar months from putting such Goods into operation or 18 calendar months after their delivery, whichever period expires the sooner, (90 days after delivery in the case of Consumables and