Common use of Quality Guarantee Clause in Contracts

Quality Guarantee. 12.1 The Seller shall warrant the proper quality of the goods delivered and the services performed by it. In particular the Seller shall in any case warrant that: a. The goods and services are suitable for the purpose for which they are intended; b. The goods are new, of good quality and free of defects in design, processing, fabrication, construction and measurement, as well as free of defects in the parts and materials used; c. The goods and services have been manufactured and performed in accordance with the most recent state of the art; d. The goods and services conform completely with the specification and the other provisions of the Contract; e. The goods and services are fully in compliance with all of the applicable laws, regulations and standards. 12.2 In case the Contract has regard to the supply of bunkers, fuel and/or lubricants, the Seller warrants that its ( bunkering) equipment is suitable for delivery and meets all quality and legal requirements. The Seller will allow surveyors appointed by the Buyer to perform their duties such as but not limited to quality and quantity surveys. 12.3 The goods and services shall in any case be considered unsuitable if, within one (1) year of delivery, defects become apparent, unless same are attributable to gross negligence on the part of the Buyer, intentional misuse by the Buyer or the Buyer’s substantial failure to perform proper maintenance. 12.4 If the Seller is in breach of the warranties set out in the Contract, the Seller will, at its sole cost, replace or repair the goods or re-perform the services within reasonable time and to the Buyer’s satisfaction.