PERFORMANCE AND WARRANTY. Contractor shall perform all services as stipulated in this Agreement. Contractor further warrants and acknowledges that is familiar with all existing conditions pertaining to these services at the Georgia World Congress Center, Georgia Dome and Centennial Olympic Park, and has the skill, knowledge, competence, organization, and equipment to execute services promptly and efficiently.
PERFORMANCE AND WARRANTY. Contractor shall transfer all warranties and guarantees for products and materials installed by Contractor and its agents, including subcontractors, to the Division. Contractor and its agents shall comply with all manufacturer’s specifications and instructions concerning the installation of products and materials on the Project. Contractor shall guarantee that Contractor’s and its agents’ work is free from defects in materials for a period of one (1) year following the Completion Date. Contractor shall repair or replace any defect in workmanship arising within such guarantee period free of charge or cost to the Division.
PERFORMANCE AND WARRANTY. (a) The performance dates indicated on the Order shall be deemed to be of the essence of this contract, and failure to adhere to such dates (which in the case of the delivery of Products shall be within five (5) calendar days of such dates) shall be a breach hereof. Products manufactured or delivered, inventory purchased, or commitments or production arrangements made, in excess of the amount, or in advance of the time reasonably necessary to meet Buyer's schedule or Buyer's express releases are entirely at Seller's risk, and may be rejected and/or returned to Seller at Seller's expense. When Seller has reason to believe performance may not be made strictly in accordance with Buyer's schedule or releases, Seller shall immediately notify Buyer by telephone, with written confirmation, providing the details of such potential failure, and if so requested by Buyer, Seller shall use commercially reasonable efforts *****. ***** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
PERFORMANCE AND WARRANTY. 9.1 Acceptance shall be subject to verification of correctness and suitability. To the extent and whenever appropriate in the normal course of business, NOVELIC shall be entitled to conduct such verification; NOVELIC shall lodge a complaint when discovering any defect. Insofar, Supplier shall refrain from putting forward any defence of a late notice of defects.
PERFORMANCE AND WARRANTY. 11.1 Except as set out below, the Company warrants that the Goods will correspond to their specification at the time of delivery. All other warranties, conditions or other terms implied by statute or common law (including fitness for purpose) are excluded to the fullest extent permitted by law. This warranty is not transferable in any way.
PERFORMANCE AND WARRANTY. The buyer assumes sole responsibility for the capacity fitness and performance of the goods being sufficient suitable and appropriate for their extended use. The company undertakes to make good by repair or replacement or refund of the purchase price at its option, any goods or parts therefore of its manufacturer supplied which, under proper use, (except fair wear and tear) are found to be defective in material, workmanship or design (other than a design furnished or specified by the buyer or approved by the buyer) within 12 months of dispatch. PROVIDED ALWAYS THAT 12.1 Unless otherwise agreed by the buyer returns the alleged defective goods or parts in an otherwise undamaged condition within 30 days following discovery of the cause of complaint to the company’s works, at the buyers cost; and 12.2 No seal on the goods has been removed, broken or tampered with; and 12.3 The company’s trade mark or serial number on the goods has not been removed defaced or altered. The company shall not be liable for the cost of removal of the defective parts or the cost of fitting the new or repaired parts. Goods not manufactured by the company, whether supplied in accordance with the buyers specification or otherwise, are specifically excluded from the terms of this guarantee and the company cannot accept liability to their satisfactory operation. The benefit of such warranties as are given to the company in respect of such goods will be passed to the buyer in so far as this is possible. The company’s liability under this clause shall be in lieu of any warranty or condition implied by law as to the quality or fitness for any particular purpose of the goods and at the end of the warranty periods stated above all liability in respect of the goods on its parts shall cease.
PERFORMANCE AND WARRANTY. Contractor shall perform all services as stipulated in this Agreement. Contractor further warrants and acknowledges that is familiar with all existing conditions pertaining to these services at the Savannah International Trade Convention Center and has the skill, knowledge, competence, organization, and equipment to execute services promptly and efficiently.
PERFORMANCE AND WARRANTY. Guarantee shall be furnished to ISR, no later than seven (7) Business Days following the date of the Purchase Order, the Performance and Warranty Guarantee shall be irrevocable autonomous, approved in advance by ISR and issued in the form attached hereto as Annex D in the amount equal to ten percent (10%) of the System Price, valid until two (2) months following the end of the Warranty Period and/or the Optional Warranty Period. Until Supplier shall have issued the Performance and Warranty Guarantee as per the above, ISR will retain the Bid Guarantee and may consider the Bid Guarantee as the Performance and Warranty Guarantee (or part thereof) for any and all purposes. If ISR elects to exercise its rights set forth in 19.1, Supplier shall ensure that the Performance and Warranty Guarantee remains valid until two months following the end of the Warranty Period. For avoidance of doubt it is specified that the provision of the Performance and Warranty Guarantee to ISR constitute a condition to the payment of any invoice or other payment which may be due to the Supplier.
PERFORMANCE AND WARRANTY. Supplier guarantees and warrants that: (i) it has full power and authority to enter into the Contract and perform its obligations, (ii) the Contract is a binding obligation of Supplier, enforceable against Supplier in accordance with its terms, (iii) the Work will be rendered in a good and workmanlike manner using qualified personnel and will meet the standards of care, skill and diligence normally met by qualified service providers providing similar services in Canada at the time the Work is performed, (iv) the Work will conform to the specifications, description, drawings, standards, quality and performance levels outlined in the Contract, (v) the Work is fit for the intended purpose of Irving, (vi) title to all the Goods (including deliverables to be provided under the Services) supplied under the Contract will be free and clear from all liens, claims, encumbrances and any other charges whatsoever, (vii) all machinery, equipment and materials incorporated into any Goods will be new and unused, free from defects in materials, workmanship and design, will be to a high industrial standard, and will meet all applicable industry and governmental standards, regulations, codes and guidelines applicable in the location of Supplier and the delivery location, and (viii) Supplier is, alone or with subcontractors, sufficiently experienced and properly qualified, licensed, equipped, organised and financed to perform the Work. Supplier shall repair or remove and replace at its own expense and at Irving’s convenience, all workmanship or materials which are non-compliant with any of the above warranties or otherwise defective at any time within two years from the date of final acceptance of the Work by Xxxxxx, unless otherwise specified on the purchase order.
PERFORMANCE AND WARRANTY. 4.01 Unless otherwise agreed by the parties hereto, the Lamps and Capsules sold by Sylvania to Philips shall be of a quality and performance in accordance with the "Specifications" set forth in Annex I and the Quality Agreement.
