GENERAL LIMITED WARRANTY Sample Clauses

GENERAL LIMITED WARRANTY. XP Solutions warrants that it will use its best efforts to ensure that any xpertcare Maintenance and Technical Support Services provided will be performed in a professional manner provided that you have not altered any portion of the Software; that the Software is operated with the software, hardware and any other computer equipment necessary to operate the software. Warranties relating to the use of the Software and any relevant Software upgrades and/or patches associated with this Subscription are limited to those set forth in the relevant License Agreement. This warranty does not expand or extend the limited warranties contained within the relevant License Agreement. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, XP SOLUTIONS MAKES AND YOU RECEIVE NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH YOU, AND XP SOLUTIONS SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. XP SOLUTIONS DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES XP SOLUTIONS WARRANT THAT THE RESULTS GENERATED BY THE CURRENT VERSION WILL BE IDENTICAL TO THOSE OF A PREVIOUS VERSION OF THE SOFTWARE. The above exclusions may not apply to you as some jurisdictions do not allow the exclusion of implied warranties. In addition to the above, you may also have other r warranty rights, which vary across jurisdictions. XP Solutions's entire liability and your exclusive remedy under the warranties made in this Agreement will be at XP Solutions’s option, to provide a pro rata refund of the xpertcare Maintenance Subscription Fee calculated as of the date of termination. This remedy is subject to the return of the Certificate and any Software, documentation and copy protection device sent to you during the term of the current Subscription.
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GENERAL LIMITED WARRANTY. Autodesk warrants that the Software will provide the facilities and functions generally described in the Documentation and that the media on which the Software is furnished, if any, the Documentation accompanying the Software, will be free from defects in materials and workmanship under normal use. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, AUTODESK MAKES AND YOU RECEIVE NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR IN ANY COMMUNICATION WITH YOU, AND AUTODESK SPECIFICALLY DISCLAIMS ANY OTHER WARRANTY INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AUTODESK DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. The above exclusions may not apply to you as some jurisdictions do not allow the exclusion of implied warranties. In addition to the above warranty rights, you may also have other rights, which vary from jurisdiction to jurisdiction. Autodesk's entire liability and your exclusive remedy under the warranties made in this Agreement will be, at Autodesk's option, to attempt to correct or work around errors, to replace the defective media, if any; Documentation; or to refund the purchase price and terminate this license. This remedy is subject to the return of the defective media, or Documentation, with a copy of your receipt to your local Autodesk office or the Authorized Autodesk Reseller from whom it was obtained within ninety (90) days from the date of its delivery to you..
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GENERAL LIMITED WARRANTY. Autodesk warrants, as of the date on which the Software is delivered by Autodesk and for a period of ninety
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GENERAL LIMITED WARRANTY. 7.1 Section II, Paragraph 13, and Section III, Paragraph 17 set forth the exclusive remedies for claims based upon defective service, design, parts, equipment, supplies, or repairs whether claims are based upon contract, warranty, negligence, tort or otherwise. All liability shall cease upon the expiration of the applicable period. NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE APPLIES. The warranties expressed herein are exclusive of all other written, implied, oral or statutory warranties.
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GENERAL LIMITED WARRANTY. Seller warrants that XL200 Series Controllers as manufactured by Seller shall be free from defects in material or workmanship for a period of two (2) years from the date of start-up or thirty (30) months from the date of shipment (whichever first occurs) when installed, operated, and serviced in accordance with Sellers recommendations; when used under normal conditions for their intended purposes; and when evidence of such installations, proper and acceptable to Seller are recorded at Seller’s factory. Seller reserves the right to void this warranty for operations of its product outside of these terms. Any request for repair or replacement must be made to the service department of AMS Controls Inc., 00000 Xxxxxxxx Xxxx Road, St. Louis, MO 63043. The Seller’s warranty shall be limited to repair or replacement, at Seller’s option, of any part or any equipment that proves to be defective after an examination by the service department or designate. The labor to make repairs or replacement under this warranty shall be furnished by Seller or its authorized representative between the hours of 8:00 AM and 4:00 PM, Monday through Friday, excluding Federal, State and company holidays, and is limited to actual repairs or replacement of the warranty item. Labor and the cost of such labor to inspect and/or determine the origin of the problem involving examination of equipment or systems not furnished or manufactured by Seller is specifically excluded. This warranty covers only applications for which the equipment was originally installed, and covers only original equipment components. Warranty claims will be honored only if a Return Materials Authorization is properly issued by an Authorized AMS Employee. This warranty does not cover routine maintenance activities. Malfunctions caused by electrical power variances are excluded from warranty protection. Warranty claims will not be honored unless the manufacturer is advised in advance of the work being performed by an authorized and approved representative of Seller. This warranty does not cover the loss of product or other consequential damages resulting from any equipment failure.
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GENERAL LIMITED WARRANTY. This General Warranty applies to the listed KIOTI products for the following warranty periods. The warranty period begins on the date which is the earlier of (i) the date of the original purchaser's purchase of the relevant product from an authorized KIOTI dealer, or (ii) the date which is the third anniversary of the invoice date for the relevant product when such product was originally delivered by KIOTI to the original authorized KIOTI dealer to receive such product from KIOTI. PRODUCT TERMS OF GENERAL WARRANTY COVERAGE ZXR & ZXR SE mowers (all uses) The first to occur of 48 months or 600 hours Parts and Labor ZXC & ZXC SE mowers (residential use) The first to occur of 36 months or 1,200 hours Parts and Labor ZXC & ZXC SE mowers (commercial use) 24 months RENTAL units 90 days Parts and Labor Belts & blades 3 months against defects only Parts only Replacement Parts 3 months or the remainder of the unit warranty, whichever is longer Parts only Engines *covered under engine manufacturer’s warranty Parts and Labor Transaxles RESIDENTIAL USE 24 months Parts and Labor Transaxles COMMERCIAL USE ZXR: N/A ZXR SE & ZXC: 12 months (no hour limit exclusion) ZXC SE: 24 months (no hour limit exclusion) Parts and Labor Clutch 24 months, no hour limit exclusion Parts and Labor Seats 12 months structural, cover 90 days Parts and Labor Structural (frame & deck shell) ZXR/SE (all): The first to occur of 60 months or 1,200 hours ZXC/SE (all): The first to occur of 72 months or 1,500 hours Parts and Labor
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GENERAL LIMITED WARRANTY. THE SOFTWARE AND ACCOMPANYING MATERIALS ARE PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS WITH YOU. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT AUTODESK) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. AUTODESK DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. AUTODESK WARRANTS THE MEDIA (THE "MEDIA" HEREBY DEFINED AS THE DISKETTE(S) OR OTHER MEDIA ON WHICH THE SOFTWARE IS FURNISHED) TO BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF THIRTY (30) DAYS FROM THE DATE OF DELIVERY TO YOU. AUTODESK'S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER THE WARRANTIES MADE IN THIS AGREEMENT WILL BE, AT AUTODESK'S OPTION, TO ATTEMPT TO CORRECT OR WORK AROUND ERRORS; TO REPLACE THE DEFECTIVE MEDIA, IF ANY, OR ACCOMPANYING MATERIALS; OR TO REFUND THE PURCHASE PRICE AND TERMINATE THIS AGREEMENT. THIS REMEDY IS SUBJECT TO THE RETURN OF THE DEFECTIVE MEDIA AND ACCOMPANYING MATERIALS WITH A COPY OF YOUR RECEIPT TO YOUR LOCAL AUTODESK OFFICE FROM WHOM IT WAS OBTAINED WITHIN SIXTY (60) DAYS FROM THE DATE OF ITS DELIVERY TO YOU.
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Related to GENERAL LIMITED WARRANTY

  • Limited Warranty If Customer obtained the Software directly from TIBCO, then TIBCO warrants that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.

  • Limited Warranties State Street represents and warrants that it is the owner of and has the right to grant access to the System and to provide the Remote Access Services contemplated herein. Because of the nature of computer information technology including, but not limited to, the use of the Internet, and the necessity of relying upon third party sources, and data and pricing information obtained from third parties, the System and Remote Access Services are provided “AS IS”, and the Customer and its Authorized Designees shall be solely responsible for the investment decisions, results obtained, regulatory reports and statements produced using the Remote Access Services. State Street and its relevant licensors will not be liable to the Customer or its Authorized Designees for any direct or indirect, special, incidental, punitive or consequential damages arising out of or in any way connected with the System or the Remote Access Services, nor shall either party be responsible for delays or nonperformance under this Addendum arising out of any cause or event beyond such party’s control. State Street will take reasonable steps to ensure that its products (and those of its third-party suppliers) reflect the available state of the art technology to offer products that are Year 2000 compliant, including, but not limited to, century recognition of dates, calculations that correctly compute same century and multi century formulas and date values, and interface values that reflect the date issues arising between now and the next one-hundred years, and if any changes are required, State Street will make the changes to its products at no cost to you and in a commercially reasonable time frame and will require third-party suppliers to do likewise. The Customer will do likewise for its systems. EXCEPT AS EXPRESSLY SET FORTH IN THIS ADDENDUM, STATE STREET, FOR ITSELF AND ITS RELEVANT LICENSORS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES CONCERNING THE SYSTEM AND THE SERVICES TO BE RENDERED HEREUNDER, WHETHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. Infringement State Street will defend or, at our option, settle any claim or action brought against the Customer to the extent that it is based upon an assertion that access to the System or use of the Remote Access Services by the Customer under this Addendum constitutes direct infringement of any patent or copyright or misappropriation of a trade secret, provided that the Customer notifies State Street promptly in writing of any such claim or proceeding and cooperates with State Street in the defense of such claim or proceeding. Should the System or the Remote Access Services or any part thereof become, or in State Street’s opinion be likely to become, the subject of a claim of infringement or the like under any applicable patent or copyright or trade secret laws, State Street shall have the right, at State Street’s sole option, to (i) procure for the Customer the right to continue using the System or the Remote Access Services, (ii) replace or modify the System or the Remote Access Services so that the System or the Remote Access Services becomes noninfringing, or (iii) terminate this Addendum without further obligation.

  • Limited Warranty and Limitation of Liability A. EBSCO disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability, noninfringement, or fitness for a particular purpose. EBSCO neither assumes nor authorizes any other person to assume for EBSCO any other liability in connection with the licensing of the Database(s) under this Agreement and/or its use thereof by the Licensee and Sites or Authorized Users.

  • Exclusion of Implied Warranties etc This Agreement expressly excludes any warranty, condition or other undertaking implied at law or by custom or otherwise arising out of any other agreement between the Parties and any representation by any Party not contained in a binding legal agreement executed by the Parties.

  • Manufacturers’ Warranties If a Lease Vehicle is covered by a Manufacturer’s warranty, the Lessee, during the Vehicle Term for such Lease Vehicle, shall have the right to make any claims under such warranty that the Lessor could make.

  • Limited Warranties and Remedies (1) Online Services. Microsoft warrants that each Online Service will perform in accordance with the applicable SLA during Customer’s use. Customer’s remedies for breach of this warranty are described in the SLA.

  • Disclaimer of Implied Warranties The warranty set forth herein is in lieu of, and ‘Reseller’ expressly disclaims all other product warranties of any kind whatsoever whether express, implied, statutory, arising by course of dealing or performance, custom, usage in the trade or otherwise, any warranty of merchantability, or fitness for a particular purpose, and in any event no such implied warranty has applicability beyond the time period covered by this warranty.

  • Survival of Representations, Warranties, Etc Each of the representations, warranties, agreements, covenants and obligations herein is material and shall be deemed to have been relied upon by the other party or parties and shall survive indefinitely after the date hereof and after the Closing and shall not merge in the performance of any obligation by any party hereto. All rights to indemnification contained in this Agreement shall survive the Closing indefinitely.

  • Warranties Limitation of Liability The EPCO Services shall be provided in accordance with the Services Standard. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, EPCO MAKES NO (AND HEREBY DISCLAIMS AND NEGATES ANY AND ALL) WARRANTIES OR REPRESENTATIONS WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE EPCO SERVICES. IN NO EVENT SHALL EPCO OR ANY OF ITS AFFILIATES BE LIABLE TO ANY OF THE PERSONS RECEIVING ANY EPCO SERVICES OR TO ANY OTHER PERSON FOR ANY EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES RESULTING FROM ANY ERROR IN THE PERFORMANCE OF SUCH SERVICE, REGARDLESS OF WHETHER THE PERSON PROVIDING SUCH SERVICE, ITS AFFILIATES, OR OTHERS MAY BE WHOLLY, CONCURRENTLY, PARTIALLY, OR SOLELY NEGLIGENT OR OTHERWISE AT FAULT, EXCEPT TO THE EXTENT SUCH EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARE PAID BY THE PARTY INCURRING SUCH DAMAGES TO A THIRD PARTY.

  • Replacement Parts Warranty If during the regular or extended warranty period’s faults develop, the Contractor shall promptly repair or, upon demand, replace the defective unit or component part affected. All costs for labor and material and transportation incurred to repair or replace defective Product during the warranty period shall be borne solely by the Contractor, and the State or Authorized User shall in no event be liable or responsible therefor. Any part of component replaced by the Contractor under the Contract warranty shall be replaced at no cost to the Authorized User and guaranteed for the greater of: a) the warranty period under paragraph (d) above; or b) if a separate warranty for that part or component is generally offered by the manufacturer, the standard commercial warranty period offered by the manufacturer for the individual part or component.

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