COVERED BY THIS WARRANTY Sample Clauses

COVERED BY THIS WARRANTY. Soofa warrants the Soofa-branded Soofa Bench hardware product and accessories contained in the original packaging (“Soofa Product”) against defects in materials and workmanship when used normally in accordance with Soofa’s published guidelines for a period of ONE (1) YEAR from the date of original purchase by the end-user purchaser ("Warranty Period"). Soofa’s published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications. WHAT IS NOT COVERED BY THIS WARRANTY? This Warranty does not apply to any non-Soofa branded hardware products or any software, even if packaged or sold with Soofa hardware. Manufacturers, suppliers, or publishers, other than Soofa, may provide their own warranties. Software distributed by Soofa with or without the Soofa brand (including, but not limited to system software) is not covered by this Warranty. Soofa does not warrant that the operation of the Soofa Product will be uninterrupted or error-free. Soofa is not responsible for damage arising from failure to follow instructions relating to the Soofa Product’s use. This Warranty does not apply: (a) to consumable parts, such as batteries or protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; nor does it cover claims due to cracking, splitting and warping, which are natural tendencies of wood products; (c) to damage caused by use with another product; (d) to damage caused by accident, abuse, misuse, fire, flood or other external cause; (e) to damage caused by operating the Soofa Product outside Soofa’s published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Soofa or an Soofa Authorized Service Provider (“SASP”); (g) to a Soofa Product that has been modified to alter functionality or capability without the written permission of Soofa; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the Soofa Product, or (i) if any serial number has been removed or defaced from the Soofa Product. DURING WARRANTY OR SERVICE COMPONENTS MAY BE EXCHANGED OR ADDED. Following warranty service your Soofa Product or a replacement device will be returned to you as your Soofa Product was configured when originally purchased, subject to ap...
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COVERED BY THIS WARRANTY. CHEETAH WARRANTS SPECIFIED EQUIPMENT AGAINST FACTORY DEFECTS IN MATERIALS AND WORKMANSHIP FOR A PERIOD OF FIVE YEARS AFTER COMPLETION, IF PROPERLY MAINTAINED AND USED IN NORMAL SERVICE, AND SUBJECT TO THE EXCLUSIONS LISTED BELOW. IF WE FIND ANY EQUIPMENT TO HAVE BEEN DEFECTIVE WITHIN THE TERMS OF THIS WARRANTY AT THE TIME OF COMPLETION, WE WILL CHOOSE EITHER TO REPAIR OR REPLACE IT. CHEETAH PAINT WARRANTY EXTENDS ONLY TO COMPONENTS FABRICATED AND METAL PREPARATION COMPLETED BY CHEETAH. ACCORDINGLY, ITEMS EXCLUDED FROM THE PAINT WARRANTY INCLUDE, BUT ARE NOT LIMITED TO, AXLES, RIMS, WHEELS, LANDING GEAR, AND SUSPENSIONS. COATINGS APPLIED OVER VENDOR PAINT SYSTEMS ARE ALSO EXCLUDED. AS A PRECONDITION TO CHEETAH’S OBLIGATION UNDER THIS WARRANTY, PURCHASER MUST NOTIFY CHEETAH OF ANY CLAIM OF ANY DEFECT UNDER THIS WARRANTY IMMEDIATELY AFTER THE DEFECT IS, OR OUGHT TO HAVE BEEN, DISCOVERED. IT IS THE PURCHASER’S RESPONSIBILITY TO RETURN THE EQUIPMENT TO CHEETAH AS SOON AS POSSIBLE FOR INSPECTION OF THE EQUIPMENT AND EVALUATION OF THE CLAIM.
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COVERED BY THIS WARRANTY. This warranty is limited to replacement parts and exchanges only, at IMT’s option, and does not warrant the cost of removing, packaging, re-installing, return shipping, or any other costs of material or labor. Further, the customer is responsible for all shipping costs. Workmanship and components are covered by a one (1) year limited warranty for defective component parts or material failure due to a fault in workmanship. Our cover fabrics have a five (5) year limited warranty which warrants against loss of color or strength under normal exposure conditions, and does not cover labor and installation performed by the dealer. Motors come with a five (5) year warranty which warrants motors free from defects in material and workmanship under normal and proper use for a period of five (5) years starting from the date of delivery. WHAT IS NOT COVERED UNDER THIS WARRANTY: Incorrect measurements, installation, and/or operation: Warranty applies only if the cover systems have been measured/ installed/operated in accordance with our measurement, installation and operating instructions. If you have any questions, please call or e-mail before installing or measuring for your cover. Warranty does not cover any other damage or material failure resulting from system use, non-use or from system installation. This limited warranty does not cover any other damage or material failure resulting from, but not limited to, oxidation; permitting the product to come in contact with tree sap, chemicals or other liquids other than water; accidental damage or intentional damage; failure to properly secure cover; permitting sharp objects to come into contact with cover; windblown objects; acts of God or nature, including, but not limited to: hurricanes, xxxxx, tornadoes, snow, sleet, heavy rain, heavy winds, hail, flooding, weights or loads allowed to accumulate on the cover; fire or similar hazards, vandalism, neglect, improper use or care, or a combination of the foregoing, or dents, scratches or weathering occurring from normal use, wear and tear; chemical pollu- tants; mildew; structural defects; negligent maintenance or misuse or abuse, or any other causes or occurrences beyond the control of IMT, Inc. HOW TO OBTAIN WARRANTY SERVICE YOU MUST NOTIFY IMT WITHIN FIFTEEN (15) DAYS OF DISCOVERY OF THE ALLEGED DEFECT BY CALLING 000-000-0000 or Toll-free: 000-000-0000, and PRIOR AUTHORIZATION IS REQUIRED. Transportation charges are the responsibility of the customer.
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COVERED BY THIS WARRANTY. This Warranty is intended only for the benefit of the original end-user consumer (the “Customer”) who purchased the Floor and is not transferable. It does not extend to any other subsequent party in the chain of ownership.
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Related to COVERED BY THIS WARRANTY

  • Shares Covered by this Agreement This Agreement shall apply to unissued shares of the Issuer, shares of the Issuer held in its treasury in the event that in the discretion of the Issuer treasury shares shall be sold, and shares of the Issuer repurchased for resale.

  • No Plan Created by this Agreement Executive, the Company and the Bank expressly declare and agree that this Agreement was negotiated among them and that no provision or provisions of this Agreement are intended to, or shall be deemed to, create any plan for purposes of the Employee Retirement Income Security Act or any other law or regulation, and each party expressly waives any right to assert the contrary. Any assertion in any judicial or administrative filing, hearing, or process that such a plan was so created by this Agreement shall be deemed a material breach of this Agreement by the party making such an assertion.

  • INSURANCE COMPANY NOT A PARTY TO THIS AGREEMENT The Insurer shall not be deemed a party to this Agreement, but will respect the rights of the parties as herein developed upon receiving an executed copy of this Agreement. Payment or other performance in accordance with the policy provisions shall fully discharge the Insurer from any and all liability.

  • Breach of Representation or Warranty Any representation or warranty made or deemed made by Borrower to Lender herein or in any of the other Loan Documents or in any statement, certificate or financial statements at any time given by Borrower pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made.

  • Representation by the Holder The Holder, by the acceptance hereof, represents and warrants that it is acquiring this Warrant and, upon any exercise hereof, will acquire the Warrant Shares issuable upon such exercise, for its own account and not with a view to or for distributing or reselling such Warrant Shares or any part thereof in violation of the Securities Act or any applicable state securities law, except pursuant to sales registered or exempted under the Securities Act.

  • Indemnification by the Holder Each Holder of Registrable Securities which are included in a registration statement pursuant to the provisions of Section 7 hereof will indemnify and hold harmless the Issuer, and any Person who controls the Issuer within the meaning of either Section 15 of the Securities Act or Section 20 of the Exchange Act, and any officer, director, employee, agent, partner, member or affiliate of the Issuer (each, an “Issuer Indemnified Party”) from and against, and will reimburse the Issuer Indemnified Parties with respect to, any and all losses, damages, liabilities, costs or reasonably incurred expenses to which such Issuer Indemnified Parties may become subject under the Securities Act or otherwise, insofar as such losses, damages, liabilities, costs or reasonably incurred expenses are caused by any untrue or alleged untrue statement of any material fact contained in such registration statement, any prospectus contained therein or any amendment or supplement thereto, or are caused by the omission or the alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances in which they were made, not misleading, in each case to the extent, but only to the extent, that such untrue statement or alleged untrue statement or omission or alleged omission was so made solely in reliance upon and in conformity with written information furnished by such Holder specifically for use in the preparation thereof; provided, however, that the liability of any Holder pursuant to this Section 9.2 shall be limited to an amount not to exceed the net proceeds received by such Holder from the sale of Registrable Securities pursuant to the registration statement which gives rise to such obligation to indemnify.

  • Indemnification by the Underwriter 8.2(a). The Underwriter agrees to indemnify and hold harmless the Company and each of its directors and officers and each person, if any, who controls the Company within the meaning of Section 15 of the 1933 Act (collectively, the "Indemnified Parties" for purposes of this Section 8.2) against any and all losses, claims, damages, liabilities (including amounts paid in settlement with the written consent of the Underwriter) or litigation (including legal and other expenses) to which the Indemnified Parties may become subject under any statute, at common law or otherwise, insofar as such losses, claims, damages, liabilities or expenses (or actions in respect thereof) or settlements are related to the sale or acquisition of the Fund's shares or the Contracts and:

  • Breach of Representations or Warranties Any representation or warranty made by the Borrower to the Lenders or the Administrative Agent under this Agreement, or any certificate or information delivered in connection with this Agreement, shall be false in any material respect when made or deemed made.

  • Breach of Agreement Failure by the party to comply with or perform any agreement or obligation (other than an obligation to make any payment under this Agreement or delivery under Section 2(a)(i) or 2(e) or to give notice of a Termination Event or any agreement or obligation under Section 4(a)(i), 4(a)(iii) or 4(d)) to be complied with or performed by the party in accordance with this Agreement if such failure is not remedied on or before the thirtieth day after notice of such failure is given to the party;

  • Breach of Representations In entering into this Agreement, Consultant acknowledges that County is materially relying on the representations, warranties, and certifications of Consultant stated in this article. County shall be entitled to recover any damages it incurs to the extent any such representation or warranty is untrue. In addition, if any such representation, warranty, or certification is false, County shall have the right, at its sole discretion, to terminate this Agreement without any further liability to Consultant, to deduct from the compensation due Consultant under this Agreement the full amount of any value paid in violation of a representation or warranty, and to recover all sums paid to Consultant under this Agreement. Furthermore, a false representation may result in debarment from County’s procurement activities.

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