Warranties: Product

Warranties: Product

The following exemplars prescribe certain of the most common and basic warranties expected by a purchaser of products, including conformity to the purchase order, applicable specifications, and laws, as well as good title and/or non-infringement:

Exemplar C79A-1

Seller warrants that (i) the Product shall materially conform to the Specifications for a period of ninety (90) days from the date the products were delivered; (ii) Seller has all right and authority required to enter into this Agreement; (iii) Seller will convey good title to the Products; and (iv) the Intellectual Property of Seller provided or specified for use or reproduction by Supplier in this Agreement will not infringe the Intellectual Property of any third party (provided, that Supplier makes no representation or warranty regarding any infringement arising out of compliance with instructions, requirements or specifications approved, provided or required by Buyer (including the use of information, artwork, logos and trademarks provided by Buyer).

Exemplar C79A-2

Supplier represents and warrants that all Products delivered to or all Services performed in favor of Customer, will: (a) conform to Customer’s Order, (b) comply with all applicable laws, orders, codes, regulations and standards, and (c) be free and clear of all liens and encumbrances. Customer’s approval of Products or Services will not relieve Supplier of these warranties. The foregoing warranties will survive delivery, inspection and payment and run in favor of Customer and its affiliates and their successors, assigns and customers.

Exemplar C79A-3

Supplier warrants that the Products will be substantially free from defects in workmanship and materials, and will conform to Supplier’s published specifications for a period of time, as specified in the purchase order or other document accepted by Supplier, from the date of shipment (“Warranty Period”). This limited warranty is solely for the benefit of the End User purchasing the Product from Customer.

Exemplar C79A-4

Supplier hereby warrants and undertakes that as of the Warranty Date and for a period of one hundred eighty (180) days thereafter:

(i) the Product will conform to the Specification and it will perform and function in accordance with the Specification (save for defect or malfunction caused by or arising from the Software or outside the control of Supplier);

(ii) the Product will be reasonably free from defects in workmanship, design, and materials;

(iii) that the Product and the services provided by Supplier hereunder will conform to all applicable laws, rules, and regulations, including but not limited to those relating to environmental, export control, electro-magnetic emissions and interference, and health and safety matters; and

(iv) that the Product will be free and clear of all liens, encumbrances, restrictions, and other claims against title of ownership, and the Product or any part thereof (including hardware but excluding the Software) will not infringe any Intellectual Property Rights or other rights of any third party.