Express Warranty. The Service will be provided with the same reasonable degree of care customarily provided within the home service industry. If this express warranty is breached, then we shall, at our option, re- perform the Service or refund the Price. (d) EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL WARRANTIES WITH RESPECT TO SERVICE OR THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, CUSTOM, ORAL OR WRITTEN STATEMENTS BY US, OUR AGENTS OR SERVICE CONTRACTORS OR OTHERWISE (INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, SATISFACTION OR FITNESS FOR PARTICULAR PURPOSE) ARE EXCLUDED AND DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. IF AN IMPLIED WARRANTY CANNOT BE EXCLUDED BY APPLICABLE LAW, SUCH WARRANTY IS LIMITED IN DURATION TO THE GREATER OF 1 YEAR OR THE SHORTEST DURATION ALLOWED BY APPLICABLE LAW. YOU MAY HAVE OTHER RIGHTS WHICH VARY AMONG JURISDICTIONS. (e) IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND SUFFERED BY YOU OR ANY THIRD PARTY, FOR EXAMPLE, LOST PROFITS, BUSINESS INTERRUPTIONS OR OTHER ECONOMIC LOSS RELATED TO THIS AGREEMENT OR THE SERVICE. WE SHALL NOT BE LIABLE FOR ANY DAMAGES RELATED TO (1) COST OF PROCUREMENT OF SUBSTITUTE SERVICE; (2) ANY LOSSES, LIABILITIES OR CLAIMS INCURRED OR ARISING IN CONNECTION WITH THE USE OR PROVISION BY YOU OF SERVICE; OR (3) THE ACTS OR OMISSIONS OF YOU OR YOUR AGENTS, INSURERS OR CONTRACTORS. (f) FOR EACH ONE YEAR TERM, THE TOTAL AGGREGATE LIABILITY OF US, OUR PARENTS AND AFFILIATES, AND THE RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS AND ASSIGNS THEREOF FOR ANY AND ALL COSTS, DAMAGES, FINES, LIABILITIES, LOSSES, PENALTIES, ATTORNEY FEES, WITNESS FEES AND OTHER EXPENSES INCURRED BY YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED $25,000. THE EXISTENCE OF ONE OR MORE CLAIMS OF ANY KIND(S) IN ANY FORUM(S) WILL NOT ENLARGE THE FOREGOING LIMITS. (g) THE WAIVERS, EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS AGREEMENT SHALL: APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE; BE INDEPENDENT OF AND SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT OR ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY WARRANTY OR, EXCLUSIVE OR LIMITED REMEDY STATED HEREIN; AND APPLY EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Express Warranty. Subject to the limitations in these Terms, Seller warrants to Buyer only, and not Buyer’s customers or any other third parties, that the Products will be free from significant operational defects in material and workmanship for a period of 60 days from the date of sale as shown on the invoice. Seller warrants that the Products will not infringe any patent covering the Products themselves, excluding portions specified, designed, or manufactured by Buyer (the two foregoing sentences collectively, the “Warranty”). However, Seller does not warrant against infringement by reason of the use of such Products in combination with other articles or materials or in any overall process or combination and Buyer assumes all responsibility for determining whether relevant patents exist covering such use, together with all risk and liability arising out of infringement of any such patents. Seller’s liability is limited to replacing or repairing the Products, at Seller’s discretion. A Warranty replacement or repair of a claimed defective Product shall not have the effect of extending this Warranty period. The Warranty is valid only if Buyer (a) notifies Seller in writing within 30 days from discovery of any alleged nonconformity; (b) the Products are returned to Seller for inspection and testing; (c) Seller’s ’ inspection discloses to its satisfaction that any alleged nonconformance are material and have not been caused by misuse, neglect, wear and tear, improper installation, unsuitable storage, repair, alteration, or accident; and (d) the Products were installed, maintained and used in accordance with Seller instructions, if any.
Express Warranty. Licensor warrants to the original Licensee that (a) the data carrier medium on which the Software is stored shall be free from defects in workmanship and material at the time of delivery to Licensee, and (b) for the warranty period specified in the relevant Purchase Order, the Software (but not Updates) shall function in material accordance with the Specifications, provided the Software is used in the manner permitted in the foregoing license, on the Specified Computer Facility and in accordance with the conditions of installation, use and operation set forth in the Product description. Licensor does not warrant that the Software will be free of defects, run without interruption, meet the expectations of Licensee, or function in combination with the hardware or software products of third parties, or that all program errors will be corrected. In addition to the foregoing, in order for a defect in the Software to be sufficiently material so as to violate the warranty set forth in letter (b) above of this paragraph, the defect must cause the Software - while being used in the manner permitted in the foregoing license - to function in a way so divergent from the Specifications that it is unsuitable for the purpose described in the Product description. Furthermore, if the required functionality can be achieved by the Licensee indirectly (through a so called “work-around”), then the applicable impairment shall not constitute a defect giving rise to duties under the foregoing warranty. Licensor’s sole obligation under the foregoing warranty shall be, at Licensor’s sole option and expense, to either (a) replace the data carrier and/or the Software, so as to materially conform with the Specifications (including, without limitation, replacement with a more recent version or equivalent software); or
Express Warranty. 1.1 Subject to the terms of this document, we warrant that the Product will be free from defects caused by faulty workmanship or materials for the relevant Warranty Period ( “Express Warranty”). The remedy for any breach of the Express Warranty will be repair or replacement of the Product pursuant to clause 1.6
Express Warranty. Epicor hereby warrants that it is authorized to enter into this Agreement and supply the Products hereunder.
Express Warranty. Seller warrants to the original purchaser of its products that the products are free from defects in workmanship and material, when operated under normal conditions and in accordance with Seller’s and/or industry recommended practices. Seller makes no warranty to those defined as consumers in the Xxxxxxxx-Xxxx Warranty-Federal Trade Commission Improvement Act. This warranty shall be in effect for a period of 60 months from the shipment date, but not to exceed 65 months from the date of manufacture as indicated by the date code stamping. Note: This warranty specifically excludes cartridge seals due to O-ring shelf life limitations. Further, this warranty excludes products not of HydraForce manufacture which may be included as adjunctive products in manifolds or systems. These products specifically include, but are not limited to, other manufacturers’ cartridge valves, sub-base type valves, electronic connectors, sensors, controls, switches, modules, displays, fittings and filters. Where these products carry original manufacturer’s warranties, the warranty passes through HydraForce to the original user as provided within the original manufacturer’s warranty. Consult Factory. To be eligible for warranty consideration all product items must be covered by acceptable documentation and received at Seller’s factory within 3 months of the date of claim according to the requirements of the HydraForce Returned Goods Policy, as revised, which is considered to be part of this limited warranty. This warranty shall not apply to products which, in the sole judgment of Seller have been inadequately maintained or shelf-preserved, subjected to contamination, negligent handling, improper installation, tampering or unauthorized disassembly. Liability under this warranty is limited to the repair or replacement, at Seller’s option, of the products determined to be defective upon examination and to be within the warranty period. The warranty period upon replacement or repair shall not extend beyond the date of expiration of the warranty period for the original product.
Express Warranty. Subject to the provisions of this Section 4 and 5, RCDevs expressly warrants that, for a period of twelve (12) months (unless a longer period is specified in written documentation accompa- nying Product) (the “Warranty Period”), all hardware components of the Product shall be free from faulty workmanship and defective materials under normal use and service. The Warranty Period shall commence on the date the Product is shipped from RCDevs’s facility (as evidenced by RCDevs’s packing slip or other receipt). The warranty stated by RCDevs in this Section 4.1 is the only express warranty provided by RCDevs. This express warranty may be modified only by express written agreement between the parties, and may not be modified or amended by any course of dealing between the parties, or custom and practice in the industry. Purchaser’s re- medies and RCDevs’s aggregate liability with respect to the warranty provided by RCDevs in this Section 4.1 are set forth in and limited by this Section 4 and Section 5.
Express Warranty. This Section 6.2 sets forth the Supplier's Product warranty and Enphase's remedies with respect to a breach by Supplier of such Product warranty.
Express Warranty. Supplier warrants that the Goods will: (a) conform to the Specifications, ; (b) be merchantable and free of defects in workmanship and material; (c) perform as specified in the Purchase Order; (d) be fit and sufficient for their intended purpose as food grade pea protein isolate; and (e) be produced and manufactured from unused materials. These warranties are in addition to all other warranties specified in this Agreement or implied by law, and will survive termination of this Agreement, and inspection, delivery and/or acceptance of, and payment by Beyond Meat for, the Goods.
Express Warranty. Subject to the terms and conditions of this Agreement, Osteotech warrants that the Products, when and as delivered to [***], will conform in all material respects to the published specifications therefor. All claims and remedies for a breach of this warranty are limited in the manner set forth in this Agreement. The sole and exclusive remedy of BioHorizons, as well as of any customer of BioHorizons to whom BioHorizons sells any of the Products, to the extent such limitation is permitted by applicable law, are those set forth in Section 3.3 and 5.2 (b) hereof. Should remedies fail of their essential purpose, then Osteotech may refund to the person in question the amounts paid by it for the Products failing to satisfy this warranty, and such refund shall be the sole and exclusive remedy for such person with respect hereto.
