Common use of FREE FROM DEFECTS Clause in Contracts

FREE FROM DEFECTS. Supplier warrants the Products against defects in material, workmanship, design and manufacturing. Supplier will make all necessary arrangements to assign such warranty to the Members. Supplier further represents and warrants that the Products will conform to the specifications, drawings, and samples furnished by Supplier or contained in the Non-price Specifications and will be safe for their intended use. If any Products are defective and a claim is made by a Member or an Authorized Distributor on account of such defect, Supplier will, at the option of the Member or the Authorized Distributor, either replace the defective Products or credit the Member or the Authorized Distributor. Supplier will bear all costs of returning and replacing the defective Products, as well as all risk of loss or damage to the defective Products from and after the time they leave the physical possession of the Member or the Authorized Distributor. The warranties contained in this Subsection will survive any inspection, delivery, acceptance or payment by a Member or an Authorized Distributor. In addition, if there is at any time wide- spread failure of the Products, the Member or the Authorized Distributor may return all said Products for credit or replacement, at its option. This Subsection and the obligations contained herein will survive the expiration or earlier termination of this Agreement. The remedies set forth in this Subsection are in addition to and not a limitation on any other rights or remedies that may be available against Supplier.

Appears in 2 contracts

Samples: Carrington Laboratories Inc /Tx/, Carrington Laboratories Inc /Tx/

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FREE FROM DEFECTS. Supplier warrants the Products against defects in material, workmanship, workmanship and design and manufacturingfor the warranty period set forth in the Non-Price Specifications ("Warranty Period"). Supplier will make all necessary arrangements to assign such warranty to the Members. Supplier further represents and warrants that the Products will conform to the specifications, drawings, and samples furnished by Supplier or contained in the Non-price Price Specifications and will be safe for their intended use. If any Products are defective and a claim is made by a Member or an Authorized Distributor on account of such defectdefect during the Warranty Period, Supplier will, at the option of the Member or the Authorized DistributorMember, either replace the defective Products or credit the Member or the Authorized DistributorMember. Supplier will bear all costs of returning and replacing the defective Products, as well as all risk of loss or damage to the defective Products from and after the time they leave the physical possession of the Member or the Authorized DistributorMember. The warranties contained in this Subsection will survive any inspection, delivery, acceptance or payment by a Member or an Authorized DistributorMember. In addition, if there is at any time wide- wide-spread failure of the ProductsProducts even after the Warranty Period has ended, the Member or the Authorized Distributor may return all said Products for credit or replacement, at its option. This Subsection and the obligations contained herein will survive the expiration or earlier termination of this Agreement. The remedies set forth in this Subsection are in addition to and not a limitation on any other rights or remedies that may be available against Supplier.

Appears in 1 contract

Samples: Supplier Agreement (Kinetic Concepts Inc /Tx/)

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FREE FROM DEFECTS. Supplier warrants the Products against defects in material, workmanship, workmanship and design and manufacturingfor the warranty period set forth in the Non-Price Specifications ("Warranty Period"). Supplier will make all necessary arrangements to assign such warranty to the Members. Supplier further represents and warrants that the Products will conform to the specifications, drawings, and samples furnished by Supplier or contained in the Non-price Price Specifications and will be safe for their intended use. If any Products are defective and a claim is made by a Member or an Authorized Distributor on account of such defectdefect during the Warranty Period, Supplier will, at the option of the Member or the Authorized DistributorMember, either replace the defective Products or credit the Member or the Authorized DistributorMember. Supplier will bear all costs of returning and replacing the defective Products, as well as all risk of loss or damage to the defective Products from and after the time they leave the physical possession of the Member or the Authorized DistributorMember. The warranties contained in this Subsection will survive any inspection, delivery, acceptance or payment by a Member or an Authorized DistributorMember. In addition, if there is at any time wide- wide-spread failure of the ProductsProducts even after the Warranty Period has ended, the Member or the Authorized Distributor may return all said Products for credit or replacement, at its option. This Subsection and the obligations contained herein will survive the expiration or earlier termination of this Agreement. The remedies set forth in this Subsection are in addition to and not a limitation on any other rights or remedies that may be available against Supplier.will

Appears in 1 contract

Samples: Universal Hospital Services Inc

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