Product Warranties Sample Clauses
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Product Warranties. Except as set forth in Schedule 3.13, (a) there are no warranties express or implied, written or oral, with respect to the products of the Business other than warranties under applicable Legal Requirements, (b) there are no pending or threatened claims with respect to any such warranty, including warranties under applicable Legal Requirements, 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.
Product Warranties. (a) During the Warranty Period and any Extended Warranty Periods for each Lucent Product, Lucent shall perform the specific warranty and extended warranty Services as may be set forth in Schedule A. Supply Agreement Confidential - WinStar/Lucent 33 -
(b) During the Warranty Period and any Extended Warranty Periods, Lucent represents, warrants and covenants that Deliverables (other than Third Party Products) provided under this Agreement shall be free from defects in design, material and workmanship, and shall operate in accordance with applicable Acceptance Criteria, industry standards and intended purposes during the Warranty Period and any Extended Warranty Periods.
(c) Lucent represents, warrants and covenants that all Lucent Product components (except for spare parts provided in the course of repair or replacement, which may be refurbished or re-manufactured) provided hereunder shall be new, not refurbished or re-manufactured.
(d) With respect to the Software associated with Lucent Products, Lucent represents, warrants and covenants that it shall provide to WinStar, at no additional charge, error-fixes, corrections and revisions to the Software that are necessary to maintain those Deliverables in compliance with the Acceptance Criteria or as otherwise generally provided to any other customer of Lucent. Lucent will provide on-site assistance (including installation and problem resolution Services) necessary to correct Nonconformities with such Software at no additional charge to WinStar. Lucent shall also replace such Software if the media is destroyed or damaged and as a result such Software is unusable or fails to operate in accordance with the applicable Acceptance Criteria. The foregoing representations, warranties and covenants shall also apply with respect to new versions, upgrades and enhancements provided by Lucent to the Software; provided that, if such new versions, upgrades and enhancements are chargeable to Lucent's other customers, WinStar must also pay a fee pursuant to the applicable prices and pricing methodologies contained in Schedule C.
(e) Lucent represents, warrants and covenants that it shall provide updated Documentation reflecting any changes to Deliverables (other than Third Party Products).
(f) During the Warranty Period and any Extended Warranty Periods, Lucent represents, warrants and covenants that it shall provide telephone support to WinStar in order to assist WinStar to locate and correct functional or operational problem...
Product Warranties. There is no claim against or liability of Seller on account of product warranties or with respect to the manufacture, sale or rental of defective products and there is no basis for any such claim on account of defective products heretofore manufactured, sold or rented that is not fully covered by insurance.
Product Warranties. 22 Section 2.26
Product Warranties. Supplier warrants to Buyer that during the Goods Warranty Period all Goods provided hereunder shall be: (i) of merchantable quality; (ii) fit for the purposes intended; (iii) unless otherwise agreed to by Buyer, new; (iv) free from defects in design, material and workmanship; (v) in strict compliance with the Specifications;
Product Warranties. Notwithstanding anything to the contrary, Supplier represents and warrants that at all times:
(i) for a period of [*] in accordance with the Products shall operate in all specifications and requirements in this Attachment. Those Products that do not conform to this or any Other Product warranties shall, at IBM's option, be repaired or replaced (or the purchase price paid shall be credited or refunded) by Supplier within [*] of IBM's notification to Supplier, and Supplier agrees to reimburse IBM for all costs associated with such repair or replacement of Products; (ii) for Products that have a defect rate of [*](Epidemic Defect Rate), Supplier shall, at IBM's option and within 5 Days of IBM's notification to Supplier, repair or replace all Products (or, if IBM elects, the purchase price paid shall be credited or refunded) and Supplier shall, at IBM's option, reimburse IBM for all costs associated with such repair or replacement of Products of IBM, IBM subsidiaries, and its and their distributors and end users; (iii) Supplier shall, at IBM's option and within [*] of IBM's notification to Supplier, repair or replace Products (or the purchase price paid shall be credited or refunded) that are part of products that IBM, in its discretion, has recalled or provided other corrective actions for safety reasons associated with the Products, and Supplier shall, at IBM's option, reimburse IBM for all costs associated with such repair or replacement of Products of IBM. IBM subsidiaries, and its and their distributors and end users; (iv) any combination of the Products with other programs or products do not infringe any patent of a third party; (v) Supplier has, will maintain, and will submit to IBM, written evidence of the certifications and approvals specified in this Attachment for all Products, and that * CONFIDENTIAL TREATMENT REQUESTED Supplier will affix all required labels regarding such certifications and approvals on the appropriate area of each Product and packaging. The warranties in this Subsection 2.1 shall be considered to be part of the warranties in Subsection 6.1 of the Agreement and supplement any other warranties in Section 6.0.
Product Warranties. Vendor represents and warrants to HealthTrust and Purchasers that the Products when received by Purchaser:
9.1.1 are new, unadulterated and not used, remanufactured or reconditioned (unless specified in the Purchaser’s order);
9.1.2 are free from defects, whether patent or latent, in design, materials or workmanship;
9.1.3 have packaging, labeling and inserts that conform to and comply with the requirements of all applicable industry, accreditation, commission and regulatory standards, and applicable federal, state and local laws, regulations and ordinances (including those of the Joint Commission and Medicare/Medicaid conditions of participation);
9.1.4 conform with statements in Vendor’s Product inserts, advertising literature, user documentation, specifications, and written warranties for the Products;
9.1.5 are marked with an industry standard barcode for each unit of measure associated with each Product;
9.1.6 carry a safety mark, if required by OSHA, from a National Recognized Testing Laboratory (“NRTL”) for use of electrical equipment in a public facility (as specified in the OSHA 29 C.F.R. Standards, Part 1910, Subpart S-Electrical, Sec 1910.399, including any amendments thereto);
9.1.7 are listed with Underwriters Laboratory (“UL”) or a nationally recognized testing laboratory as suitable for use in a healthcare facility, if such listing is available for Products; if Products include medical electrical equipment, Products shall meet or exceed the requirements of either UL-544 or UL 60601-1 Medical Electrical Equipment, Part 1: General Requirements for Safety, as amended or superseded, or the then most current UL, National Fire Protection Association (“NFPA”) 99, NFPA 70, FDA, or other applicable standard/code that addresses the safety and marking requirements of electrical medical devices (references to UL or NFPA code sections in this Section 9.1 (Product Warranties) shall also be deemed to apply to any amendments or superseding sections thereto);
9.1.8 if the Products are electrically powered, each Product is provided with a heavy-duty grade power cord that meets the requirements of UL-544, UL 60601-1, or NFPA 99 § 8-4.1 (and subsets) or the then most current UL, NFPA 99, NFPA 70, FDA, or other applicable standard/code that addresses the safety and marking requirements of electrical medical devices; the adapters and extension cords, if needed, for the use of this Product, meet the requirements of NFPA 99 § 8-4.1.2.5 or the then most current UL, ...
Product Warranties. Contractor represents and warrants that all goods and services with an active warranty purchased or provided under this Contract shall be governed under the Contractor warranty policy terms of Exhibit C.
Product Warranties. Except as set forth on Schedule 3.13, (i) there are no warranties express or implied, written or oral, with respect to the products or services of the Company, and there are no pending or, to the knowledge of the Company, threatened, claims with respect to any such warranty; (ii) during the past five years, the Company has not had a claim against it for a product it has warranted and does not reserve for such warranty claims; and (iii) the Company has no Knowledge of any facts that might lead to an increase in warranty claims in the future.
Product Warranties. Supplier warrants to Buyer that during the Goods Warranty Period all Goods provided hereunder shall be: (i) of merchantable quality; (ii) fit for the purposes intended; (iii) unless otherwise agreed to by Buyer, new; (iv) free from defects in design, material and workmanship; (v) in strict compliance with the Specifications; (vi) free from any liens or encumbrances on title whatsoever; (vii) in conformance with any samples provided to Buyer; and (viii) compliant with all applicable federal, provincial, and municipal laws, regulations, standards, and codes.