Guarantee. Where the Issuer is BNPP B.V., subject as provided below and in the relevant Guarantee, BNPP has unconditionally and irrevocably (a) guaranteed to each Holder all obligations of the Issuer in respect of such Holder's Certificates as and when such obligations become due and (b) agreed that if and each time that the Issuer fails to satisfy any obligations under such Certificates as and when such obligations become due, BNPP will not later than five Paris Business Days (as defined in the relevant Guarantee) after a demand has been made on BNPP pursuant to clause 10 thereto (without requiring the relevant Holder first to take steps against the Issuer or any other person) make or cause to be made such payment or satisfy or cause to be satisfied such obligations as though BNPP were the principal obligor in respect of such obligations provided that (i) in the case of Physical Delivery Certificates, notwithstanding that the Issuer had the right to vary settlement in respect of such Physical Delivery Certificates in accordance with Condition 7(C) and exercised such right or failed to exercise such right, BNPP will have the right at its sole and unfettered discretion to elect not to deliver or procure delivery of the Entitlement to the Holders of such Physical Delivery Certificates, but in lieu thereof, to make payment in respect of each such Physical Delivery Certificate of an amount calculated by BNPP in its sole and absolute discretion equal to the Cash Settlement Amount that would have been payable upon redemption of such Certificates assuming they were Cash Settled Certificates calculated pursuant to the terms of the relevant Final Terms, or in the case of lack of liquidity of the underlying, the fair market value of such Certificate less the costs of unwinding any underlying related hedging arrangements (the "Guaranteed Cash Settlement Amount") and (ii) in the case of Certificates where the obligations of the Issuer which fail to be satisfied by BNPP constitute the delivery of the Entitlement to the Holders, the BNPP B.V. Guarantor will as soon as practicable following the failure by the Issuer to satisfy its obligations under such Certificates deliver or procure delivery of such Entitlement using the method of delivery specified in the applicable Final Terms provided that, if in the opinion of BNPP, delivery of the Entitlement using such method is not practicable by reason of (x) a Settlement Disruption Event (as defined in Condition 7(B)(5)) or (y) if "Failu...
Guarantee. 8.1 – The Supplier shall guarantee conformity of the products supplied, which shall mean that they are without defects in their materials and/or processing and that they correspond to the provisions of the specific contract agreed to by both parties.
Guarantee. Where the Issuer is BNPP B.V. or BP2F, subject as provided below and in the relevant Guarantee, the relevant Guarantor has unconditionally and irrevocably (a) guaranteed to each Holder all obligations of the Issuer in respect of such Xxxxxx'x W&C Securities as and when such obligations become due and
Guarantee. The Guarantor has given an unconditional and irrevocable guarantee dated 19 June 2012 (the Guarantee) for the due and punctual payment of principal of, and interest on, and any other amounts expressed to be payable under the Certificates and/or the due and punctual physical delivery of securities deliverable under or in respect of the Certificates for the benefit of the Holders.
Guarantee. 288 / The Seller guarantees that the Products are faultless and flawless. The guarantee falls within the limits of Art. 1495 of the Italian Civil Code and is subject to the further limitations set out in this article and to the Raccolta Provinciale degli Usi 2005 (provincial compilation of customs for 2005) drafted by the Chamber of Commerce of Modena for the ceramics industry, as well as the customary tolerances. Any specification of weights, sizes, dimensions, colours, shades, and other data contained in the Seller’s catalogues, brochures, and folder are illustrative only and in no way binding. In any case, the Seller’s guarantee is limited to first class products only, i.e. those - according to the aforesaid provincial compilation of customs for 2005 issued by the Modena Chamber of Commerce for ceramic materials - with a percentage of faulty tiles not exceeding 5%, and solely for the part exceeding this percentage, while the guarantee is expressly excluded for Products from any other quality class. Any tonal differences with respect to the shade agreed cannot be claimed to be a fault in the Products and, more specifically, non-compliance with any samples provided to the Buyer by the Seller will not constitute a fault. Upon receipt of the Products, the Buyer is required to perform a thorough visual inspection thereupon in accordance with the instructions set out in section 9 of standards UNI EN ISO 10545-2. In the event that the Buyer finds faults in the Products, the former must file a complaint to the Seller in writing within eight (8) days of receipt thereof and keep the entire consignment of material at the Seller’s disposal. Failure to comply herewith will result in forfeiture of the guarantee. The complaint must contain the relative invoicing data and a detailed description of the claimed fault, accompanied, where possible, by photographs. If the complaint should prove to be unfounded, the Buyer must make good to the Seller the expenses incurred for any inspection activities performed (appraisals, travel, etc.). Hidden faults must be reported to the Seller in writing within eight (8) days of the date of discovery thereof and failure to comply herewith will result in forfeiture of the guarantee. In any case, the Buyer’s action to exercise the guarantee for faults must take place within 12 (twelve) months as of the date on which the Products were delivered. If the faults reported by the Buyer are confirmed, the Seller will replace the faulty Products...
Guarantee. The product is intended for professional use or for commercialization. The seller. guarantees the devices against material and constructional defects for a period of 12 months, starting from the date of dispatch from their warehouse. The product is guarantee for one year (12 months) starting from the date of purchase, based on the date on the transport document shipping/ invoice. Manufacturing defects, apparent at time of delivery, should be reported in writing within 72 hours from receipt. The warranty is applicable only to the original purchaser of the seller’s product and it is not transferable. During this time the seller undertake to repair or substitute free any parts which, according to their incontestable judgment, exhibit manufacturing defects, free of charges, if the device is delivered to the company. Replaced defective parts become the property of the seller In case of irreparable defects, the seller can avoid withdrawal from the contract by the Customer by offering the free replacement of the goods. The guarantee does not extend to: - O-rings and gaskets in generals, or consumable materials and/or those subject to the wear/consumption. - Cost resulting from demounting and mounting from the user machine. - Unauthorized intervention involving modification and/or demounting, or any tampering with the product. - Incorrect application of the installation rules resulting in damage to the product. - Faulty parts resulting from transport/impact, bad or incorrect installation/start up, neglect or bad use, tampering, damage from atmospheric agents or other natural events for any other causes over which the seller has not no control. - The warranty does not cover products assembled in an improper or negligent manner, any kind of tampering or damage caused to same by other user equipment. In particular, the seller is relieved of all liability for damages to person or objects caused during or as a result of the improper use of its products as outlined above. - The seller’s warranty policy does not provide for refund or credit for the defective material; specifically the seller shall not be held responsible under any circumstances for loss of profit, costs of disassembly and assembly of the products, not for any damages connected with such operation, not for any cost related to the fitting of the repaired or replaced products, including losses of earnings related to machine being temporarily out of service. Any further or additional claims for damage are ex...
Guarantee a) In business relationships or in case of products sold for professional use, this warranty is limited to the repair or replacement of product parts that FRATELLI COMUNELLO SPA acknowledges as defective, through equivalent re-manufactured Products (the “Conventional Warranty”); the warranty does not include the costs necessary for repairing or replacing the material (e.g. labour costs, rental of equipment etc).
Guarantee. Service Metal Company assures that Bronze bars are produced according to the requirements of points 3 and 4
Guarantee. 8.1 The Vendor undertakes to remedy any defect resulting from faulty design, materials or workmanship.
Guarantee. Unless otherwise agreed, the guarantee for Product defects and malfunctioning arising from superseding causes is valid for twelve months from the delivery date. Alteration to the delivered Products by non- authorized subjects shall invalidate the guarantee that can no longer be applied to the altered Products. If the guarantee is applied, Teleflex Medical S.r.l. shall decide in each case whether it replaces the Product, authorizing the return and sending a substitute Product, or repairs the Product. The presence of obvious manufacturing faults, or faults relating to the quantity or type of the Supplied product, shall be communicated by the Client in writing, xxx XXX (0000.0000000/0000000) or E-MAIL (Xxxxxx@xxxxxxxx.xxx), for the attention of the Sales Department of Teleflex Medical S.r.l., within 8 (eight) days of Product delivery.