Limited Product Performance Warranty Sample Clauses

Limited Product Performance Warranty. Elastic warrants that during the applicable Subscription Term, the Products will perform in all material respects in accordance with the Documentation. In the event of a breach of the foregoing warranty, Elastic’s sole obligation, and Customer’s exclusive remedy shall be for Elastic to (i) correct any failure(s) of the Products to perform in all material respects in accordance with the Documentation or (ii) if Elastic is unable to provide such a correction within thirty (30) days of receipt of notice of the applicable non-conformity, Customer may elect to terminate the associated Subscription, and Elastic will promptly refund to Customer any pre-paid, unused fees paid by Customer to Elastic for such Subscription. The warranty set forth in this Section 5.2 does not apply to any trial use of a Product or any Beta version of a Product, or if the Product or any portion thereof: (a) has been altered, except by or on behalf of Elastic; (b) has not been used, installed, operated, repaired, or maintained in accordance with this Agreement and/or the Documentation; or (c) is used on equipment, products, or systems not meeting specifications identified by Elastic in the Documentation. Additionally, the warranties set forth herein only apply when notice of a warranty claim is provided to Elastic during the applicable Subscription Term, and do not apply to any bug, defect or error caused by or attributable to software or hardware not supplied by Elastic.
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Limited Product Performance Warranty. Elastic warrants that during each Subscription Term the applicable Cloud Service will perform in all material respects in accordance with the applicable Documentation. In the event of a breach of the foregoing warranty, Elastic’s sole obligation, and MSP’s exclusive remedy, shall be for Elastic to (i) correct any non-conformity in the Cloud Service, or (ii) if Elastic is unable to provide such a correction within thirty (30) days of receipt of notice of the applicable non-conformity, then upon request from MSP, MSP may elect to terminate the applicable Order Form and the associated Subscription, and Elastic will promptly refund to MSP any pre-paid, unused fees paid by MSP to Elastic for the applicable Subscription, provided that, upon payment of such refund, all rights granted in Sections 3.1 and 3.2 and Elastic’s obligation to provide Support Services with respect to such Cloud Service shall immediately terminate.
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Limited Product Performance Warranty. Linyang Photovoltaic warrants that, concerning the warranty of power output loss of its module within 30 years from the starting date of warranty, by comparing the actual output power of module and the nominal power of module[1] under the “Standard Testing Condition” (as IEC61215) designated at the module rating label, the value of loss shall not exceed that defined in the following provisions. Monocrystalline module: The output power shall be no less than 98% within the 1st year since the starting date of warranty; the output power decline shall be no more than 0.5% per annum between the 2nd year and the 30th year; at the end of the 30th year, the output power shall be no less than 83.5%. In the event that any product fails to reach the aforesaid power output value in the Performance Warranty (calculated according to the Standard Testing Condition, with a tolerance of 0 – 5W) and is caused by any quality defect in any material or process, subject to verification and confirmation by Xxxxxxx Photovoltaic or by an independent testing institute pre-determined by Xxxxxxx Photovoltaic and the end user, Linyang Photovoltaic shall, at its own discretion: （1）Repair the defective module free of charge, or replace it with an equivalent product;
Sample 1
Limited Product Performance Warranty. ClickHouse warrants that during the Term, ClickHouse Cloud will perform in all material respects in accordance with the Documentation. In the event of a breach of the foregoing warranty, ClickHouse’s sole obligation, and Customer’s exclusive remedy shall be for ClickHouse to (i) correct any failure(s) of ClickHouse Cloud to perform in all material respects in accordance with the Documentation or (ii) if ClickHouse is unable to provide such a correction within thirty (30) days of receipt of notice of the applicable non-conformity, Customer may elect to terminate the applicable Order Form and ClickHouse will promptly refund to Customer any pre-paid, unused fees paid by Customer to ClickHouse under such Order Form.
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Related to Limited Product Performance Warranty

  • Limited Product Warranty BYD warrants that the Product will be free from defects in materials or workmanship for a period of ten (10) years from Warranty Start Date, subject to the exclusions and limitations set out below.

  • Performance Warranty Contractor shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to County’s satisfaction. Contractor shall be responsible for the professional quality, technical assurance, timely completion and coordination of all documentation and other goods/services furnished by the Contractor under this Contract. Contractor shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of County required in its governmental capacity, in connection with performance of the work. If permitted to subcontract, Contractor shall be fully responsible for all work performed by subcontractors.

  • Product Performance Contractor hereby warrants and represents that the Products acquired by the Authorized User under the terms and conditions of this Contract conform to the specifications, performance standards and documentation in the Authorized User Agreement., and the documentation fully describes the proper procedure for using the Products. Contractor further warrants and represents that if the Products acquired by the Authorized User pursuant to an Authorized User Agreement under this Contract include software application development, software application customization, software programming, software integration or similar items (“Software Deliverables”) then such Software Deliverables shall be free from defects in material and workmanship and conform with all requirements of the Contract and Authorized User Agreement for the warranty period of one (1) year from the date of acceptance of the completed project (“Project warranty period”). Contractor also warrants that the Products, in the form provided to the Authorized User, do not infringe any copyright, trademark, trade secret or other right of any third party.

  • Contractor’s Performance Warranties Contractor represents and warrants to the State that:

  • Service Warranty Provider has carefully examined and analyzed the provisions of this Agreement, including but not limited to all exhibits attached and incorporated into it, and can and will perform, or cause, the Services to be performed in strict accordance with the provisions and requirements of the Agreement. Services will be performed in a timely, professional and workmanlike manner in accordance with all applicable industry and professional standards.

  • OUT OF STOCK, PRODUCT RECALLS, AND DISCONTINUED PRODUCTS H-GAC does NOT purchase the products sold pursuant to a Solicitation or Agreement. Contractor is responsible for ensuring that notices and mailings, such as Out of Stock or Discontinued Notices, Safety Alerts, Safety Recall Notices, and customer surveys, are sent directly to the Customer with a copy sent to H-GAC. Customer will have the option of accepting any equivalent product or canceling the item from Customer’s Purchase Order. Contractor is not authorized to make substitutions without prior approval.

  • Registry Performance Specifications Registry Performance Specifications for operation of the TLD will be as set forth in Specification 10 attached hereto (“Specification 10”). Registry Operator shall comply with such Performance Specifications and, for a period of at least one (1) year, shall keep technical and operational records sufficient to evidence compliance with such specifications for each calendar year during the Term.

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