REMEDY FOR BREACH OF WARRANTY. 3.1. Subject to the exclusions and limitations set out above, if the Product fails to comply with the Limited Warranty in clauses 1.2 or 1.3, BYD will repair or replace the non-conforming Product or parts thereof within the warranty term at no charge (or provide a partial refund) on the following conditions.
REMEDY FOR BREACH OF WARRANTY. In the event of a valid claim under this Warranty, if the claim relates to products used as part of a Qualifying Installation System, Bostik shall pay the reasonable cost of materials and labor, on a square foot basis, necessary to repair or replace the portion of the original installation that is proven to be defective. For any other valid claim under this Warranty, Bostik shall provide Bostik product to replace the Bostik product used only in the portion of the original installation that is proven to be defective or, at Bostik’s option, refund the purchase price for the Bostik product used in that portion of the installation. The remedy applicable to your claim shall be your sole and exclusive remedy. TO THE MAXIMUM EXTENT PERMITTED BY LAW, XXXXXX WILL NOT BE LIABLE FOR DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, ECONOMIC, OR OTHER DAMAGES, AND BOSTIK HEREBY DISCLAIMS LIABILITY FOR ANY SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU. MAKING A CLAIM: Any claims must be made within 30 days of discovery of an alleged failure to conform to specifications or an alleged manufacturing defect. You must send written notice of your claim to: Bostik, Inc. 00000 X. Xxxxxxxxx Xxxxx Xxxx Xxxxxxxxx, XX 00000-0000 Written proof of purchase must be submitted with the notice of claim. NO CLAIM WILL BE VALID UNDER THIS WARRANTY IF ANY REPAIR OR REPLACEMENT WORK IS DONE BEFORE BOSTIK IS GIVEN AN OPPORTUNITY TO INSPECT THE INSTALLATION AND TAKE SAMPLES. If any part, term or provision of this Limited Warranty is determined by any court or other tribunal to be illegal, invalid or unenforceable, any illegal, invalid or unenforceable part, term or provision shall be deemed stricken from this Limited Warranty and all of the other parts, terms and provisions of this Limited Warranty shall remain in full force and effect to the fullest extent permitted by law. If this Limited Warranty is determined by any court or other tribunal to be unenforceable in its entirety or otherwise not applicable to the person or entity asserting a claim, then the warranty disclaimers set forth in Bostik’s Technical Data Sheet for the product and on product labeling shall exclusively apply. Smart help 1-800-726-7845 BOSTIK HOTLINE Bostik, Inc. 00000 X. Xxxxxxxxx Xxxxx Xxxx Xxxxxxxxx, XX 00000 xxx.xxxxxx.xxx/xx
REMEDY FOR BREACH OF WARRANTY. Entrust’s exclusive liability and the Customer’s sole and exclusive remedy for breach of the provisions of this Section (Warranty) shall be, at Entrust’s option, to correct, repair or replace, free of charge, the Software which does not meet Entrust’s warranty.
REMEDY FOR BREACH OF WARRANTY. If someone claims, or SPREP reasonably believes that someone is likely to claim, that all or part of the Warranted Materials infringe their Intellectual Property Rights, the Supplier must, in addition to the indemnity under clause 12 and to any other rights that SPREP may have against it, promptly, at the Supplier's expense:
REMEDY FOR BREACH OF WARRANTY. If someone claims, or SPREP reasonably believes that someone is likely to claim, that all or part of the Warranted Materials infringe their Intellectual Property Rights, the Sup- plier must, in addition to the indemnity under clause 12 and to any other rights that SPREP may have against it, promptly, at the Supplier's expense:
REMEDY FOR BREACH OF WARRANTY. If someone claims, or DFAT reasonably believes that someone is likely to claim, that all or part of the Warranted Materials infringe their Intellectual Property Rights, the Recipient must, in addition to the indemnity under Clause 24 (Inde mnity) and to any other rights that DFAT may have against it, promptly, at the Recipient's expense:
REMEDY FOR BREACH OF WARRANTY. MICROSOFT WILL REPAIR OR REPLACE THE SOFTWARE AT NO CHARGE. IF MICROSOFT CANNOT REPAIR OR REPLACE IT, MICROSOFT WILL REFUND THE AMOUNT SHOWN ON YOUR RECEIPT FOR THE SOFTWARE. IT WILL ALSO REPAIR OR REPLACE SUPPLEMENTS, UPDATES AND REPLACEMENT SOFTWARE AT NO CHARGE. IF MICROSOFT CANNOT REPAIR OR REPLACE THEM, IT WILL REFUND THE AMOUNT YOU PAID FOR THEM, IF ANY. YOU MUST UNINSTALL THE SOFTWARE AND RETURN ANY MEDIA AND OTHER ASSOCIATED MATERIALS TO MICROSOFT WITH PROOF OF PURCHASE TO OBTAIN A REFUND. THESE ARE YOUR ONLY REMEDIES FOR BREACH OF THE LIMITED WARRANTY.
REMEDY FOR BREACH OF WARRANTY. EXCEPT AS SPECIFICALLY STATED HEREIN, ENTRUST’S EXCLUSIVE LIABILITY AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY DEFECT OR DELAY SHALL BE SUBJECT TO THE LIMITATION ON AND EXCLUSION OF DAMAGES SET OUT BELOW. THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF REPAIR, REPLACEMENT OR A REFUND FOR THE SOFTWARE DOES NOT FULLY COMPENSATE THE CUSTOMER FOR ANY LOSSES; OR ENTRUST KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, THE SOFTWARE AND ANY RELATED SERVICES ARE PROVIDED “AS IS”, WITHOUT ANY REPRESENTATIONS, CONDITIONS, OR WARRANTIES OF ANY KIND. WITHOUT LIMITATION, ENTRUST, INCLUDING ITS AFFILIATES, LICENSORS, SUBCONTRACTORS, DISTRIBUTORS, SUPPLIERS, OR AGENTS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES (COLLECTIVELY, THE “ENTRUST GROUP”), DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT, THE ENTIRE RISK OF THE USE OF THE SOFTWARE OR RECEIPT OF ANY RELATED SERVICES HEREUNDER SHALL BE BORNE BY CUSTOMER. FURTHERMORE, ENTRUST GROUP DOES NOT REPRESENT NOR WARRANT THAT THE SOFTWARE OR ANY RELATED SERVICES WILL: ACHIEVE SPECIFIC RESULTS, OPERATE WITHOUT INTERRUPTION, DISPLAY CORRECT INFORMATION ABOUT A USER’S LOCATION AND/OR ORGANIZATION (SINCE SOME INFORMATION IS RECEIVED FROM THIRD PARTIES), BE ERROR FREE, OR BE ABSOLUTELY IMPENETRABLE TO HACKERS WILFULLY TRYING TO GAIN ACCESS TO THE CUSTOMER’S COMPUTER SYSTEM. INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, NON- INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
REMEDY FOR BREACH OF WARRANTY. Microsoft will repair or replace the software at no charge. If Microsoft cannot repair or replace it, Microsoft will refund the amount shown on your receipt for the software. It will also repair or replace supplements, updates and replacement software at no charge. If Microsoft cannot repair or replace them, it will refund the amount you paid for them, if any. You must uninstall the software and return any media and other associated materials to Microsoft with proof of purchase to obtain a refund. These are your only remedies for breach of the limited warranty.
REMEDY FOR BREACH OF WARRANTY. If someone claims, or ARENA reasonably believes that someone is likely to claim, that all or part of the Warranted Materials infringe their Intellectual Property Rights, the Recipient must, in addition to the indemnity under clause 27 and to any other rights that ARENA may have against it, promptly, at the Recipient's expense:
