Limited Warranty Sample Clauses
A Limited Warranty clause defines the specific assurances a provider makes regarding the quality or performance of goods or services, while also setting boundaries on the extent of those assurances. Typically, this clause outlines what defects or issues are covered, the duration of the warranty, and the remedies available to the buyer, such as repair, replacement, or refund. By clearly stating what is and is not covered, the clause protects the provider from broader liability and helps manage customer expectations, ultimately reducing disputes over product or service performance.
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Limited Warranty. 4.1 SRS hereby warrants the Equipment to be new, of good quality and free from defects in materials and/or workmanship under normal use and service, with such warranty beginning upon execution of this Agreement and continuing for a period of one (1) year following the Commencement Date (the “Warranty Period”). Should any defect in materials and/or workmanship appear during the Warranty Period, SRS shall, upon notification, correct such defects in material and/or workmanship either by repairing or replacing any defective equipment or components, including all other costs related to the repair and/or replacement, including freight, travel costs and reasonable living expenses, if any, incurred by SRS to perform the warranty work.
4.2 SRS shall not be responsible for any expenses incurred for service or repairs performed by any persons other than SRS authorized service representatives unless such other persons are otherwise expressly authorized by SRS; provided, that this limitation shall not apply to the installation of the equipment by Customer, pursuant to Section 3.3 above, following successful completion and approval of the performance test and deliverables checklist by SRS and Customer. SRS shall not be responsible for replacement or repair of parts or components that are missing or damaged due to service or repairs performed by persons other than SRS authorized service representatives.
4.3 This warranty does not apply to any damage or loss to any component and/or equipment caused by alteration by unauthorized persons, fire, accident, artificially generated electric current, acts of God, misuse or abuse, or any other cause whatsoever other than defects in workmanship and/or materials.
4.4 This warranty shall be null and void if the Equipment is abused, operated beyond rated capacities or not operated and maintained in strict accordance with all manuals and instructions.
4.5 The following are expressly excluded from this warranty and are not covered by any other warranty given by SRS, express or implied:
4.5.1 Pump mechanical seals, impellers, diaphragms and check seals;
4.5.2 Bowl seal kits;
4.5.3 Clutch pads;
4.5.4 Electrical Breakers;
4.5.5 Centrifuge bowl gaskets, bowl valve gaskets, inlet-outlet flow unit gaskets for unions, intermediate and regulating disks;
4.5.6 Vacuum and pressure relief valves whose settings have been altered without express authorization from SRS; and
4.5.7 Any equipment manufactured by a third party and covered under the stand...
Limited Warranty. FMI warrants for a period of ninety (90) days from the initial Contract Date stated in FMI’s contract system that the Software as provided by FMI will substantially conform to the published specifications for the Software available from FMI. FMI’s entire liability and Licensee’s sole and exclusive remedy for any breach of the foregoing limited warranty will be, at FMI’s option, replacement of the media, refund of the purchase price, or repair or replacement of the Software. THIS LIMITED WARRANTY IS THE ONLY WARRANTY PROVIDED BY FMI AND FMI AND ITS LICENSORS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHERMORE, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH LICENSEE’S ENJOYMENT OF THE SOFTWARE OR AGAINST INFRINGEMENT OF THIRD PARTY PROPRIETARY RIGHTS BY THE SOFTWARE. FMI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS, OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. FURTHERMORE, FMI DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FMI, OR AN AUTHORIZED REPRESENTATIVE OF FMI SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE.
Limited Warranty. A. If you obtained Software directly from us, we warrant for a period of thirty (30) days from the Purchase Date that (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 to you personally and is not transferable. Your sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at our option, to repair or replace (with respect to the affected Software product), or refund the Software license fee. In the event of a refund, this Agreement shall terminate with respect to the affected Software product.
B. THIS WARRANTY DOES NOT APPLY TO ANY SOFTWARE WHICH (I) IS LICENSED FOR ALPHA, BETA, EVALUATION, TESTING OR DEMONSTRATION PURPOSES FOR WHICH WE DID NOT RECEIVE A LICENSE FEE; (II) HAS BEEN ALTERED OR MODIFIED, (UNLESS BY US); (III) HAS NOT BEEN INSTALLED, OPERATED, REPAIRED, OR MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS SUPPLIED BY US; (IV) HAS BEEN SUBJECTED TO ABNORMAL PHYSICAL OR ELECTRICAL STRESS, MISUSE, NEGLIGENCE, OR ACCIDENT; OR (V) IS USED IN VIOLATION OF ANY OTHER TERM OF THIS AGREEMENT. YOU AGREE TO PAY US FOR ANY MAINTENANCE OR CONSULTING SERVICES PROVIDED BY US RELATED TO A BREACH OF THE FOREGOING ON A T&M AND EXPENSE BASIS. IF YOU HAVE OBTAINED THE SOFTWARE FROM A RESELLER OR DISTRIBUTOR, THE TERMS OF ANY WARRANTY SHALL BE AS PROVIDED BY SUCH RESELLER OR DISTRIBUTOR; WE PROVIDE NO WARRANTY TO YOU WITH RESPECT TO SUCH SOFTWARE.
C. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE PRODUCTS 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 PRODUCTS AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS", IS SUBJECT TO THE TERMS OF THE THIRD PARTY LICENSE, AND MAY ONLY BE USED WITH THE PRODUCTS. YOU MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY PRODUCTS OR SERVICES; THAT THE PRODUCTS WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPT...
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor warrants throughout the Term that it will repair structural or mechanical defects in the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days of the occurrence thereof. In any event, the liability of Lessor shall be limited solely to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEE.
Limited Warranty. Subject to the limitations contained in Section 6 herein, Seller warrants that (a) the licensed firmware that Seller created that is embodied in the Goods will execute the programming instructions provided by Seller, (b) the Goods manufactured by Seller will be free from defects in materials or workmanship under normal use and care until the expiration of the applicable warranty period, and (c) it will perform the Services in a professional, workmanlike and timely manner in accordance with commercially reasonable industry standards and that the Services shall be completed in accordance with the applicable agreed to specifications. Goods are warranted for twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller, whichever period expires first. Consumables and Services are warranted for a period of 90 days from the date of shipment or completion of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects and notifies Seller thereof in writing during the applicable warranty period, Seller shall, at its option, correct any errors that are found by Seller in the firmware or Services or repair or replace F.O.B. point of manufacture that portion of the Goods or firmware found by Seller to be defective, or refund the purchase price of the defective portion of the Goods/Services. Failure by Buyer to give such written notice of defects within the applicable time period shall be deemed an absolute and unconditional waiver of Buyer’s claim for such defects. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and ...
Limited Warranty. Licensor warrants for the Warranty Period that: (i) if the Licensed Software is supplied via media, the media will be free from defects in materials or workmanship under normal use, and (ii) the copy of the Licensed Software delivered to Licensee substantially conforms in all material respects to the Documentation. Licensee’s sole and exclusive remedy for any defective media supplied by Licensor shall be Licensor’s repair or replacement of such defective media free of charge, provided that the defective media is returned to Licensor during the Warranty Period. During the Warranty Period, Licensee’s sole and exclusive remedy for not meeting part (ii) of the above warranty shall be the repair or replacement of the Licensed Software by Licensor free of charge so that it substantially conforms to the Documentation or, if Licensor reasonably determines that such remedy is not economically or technically feasible, Licensee shall be entitled to a full refund of the license fee and any maintenance fee paid for such Licensed Software. Upon such refund, Licensee’s license to use such Licensed Software will immediately terminate. The warranties set forth in this Section 5 shall not apply if the defects in the Licensed Software or media result from: (a) failure to use the Licensed Software in accordance with the Documentation, this Agreement or ALAs; (b) the malfunctioning of Licensee’s equipment or network; (c) accident, neglect, or abuse; (d) service by any unauthorized person; (e) other software used by Licensee and not provided by Licensor, or for which the Licensed Software is not designed or licensed for such use; (f) Third Party Software that is not a Third Party Component; (g) any other cause occurring after initial delivery of the Licensed Software or media to Licensee, unless caused directly by Licensor. Licensor has no responsibility for any claims made outside of the Warranty Period. The foregoing warranty shall not apply to any free-of-charge Licensed Software or updates provided under support and maintenance. THE FOREGOING WARRANTIES DO NOT APPLY, AND LICENSOR DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY THIRD PARTY SOFTWARE THAT IS NOT A THIRD PARTY COMPONENT. The warranties set forth in this Section 5 will not apply and will become null and void if Licensee materially breaches any provision of this Agreement.
Limited Warranty. 18.1 The Regents warrants to IntraBiotics that it has the lawful right to grant this license.
18.2 This License and the associated Inventions are provided WITHOUT WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED. THE REGENTS MAKES NO REPRESENTATION OR WARRANTY THAT THE LICENSED PRODUCTS WILL NOT INFRINGE ANY PATENT OR OTHER PROPRIETARY RIGHT.
18.3 IN NO EVENT WILL THE REGENTS BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM EXERCISE OF THIS LICENSE OR THE USE OF THE INVENTION, OR, OR LICENSED PRODUCTS OR THE USE OR THE PRACTICE OF LICENSED METHODS.
18.4 Nothing in this Agreement shall be construed as:
(a) a warranty or representation by The Regents as to the validity or scope of any Regents' Patent Rights or Joint Patent Rights; or, [ * ] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 OF THE SECURITIES ACT OF 1933, AS AMENDED.
(b) a warranty or representation that anything made, used, sold or otherwise disposed of under any license granted in this Agreement is or will be free from infringement of patents of third parties; or,
(c) an obligation to bring or prosecute actions or suits against third parties for patent infringement except as provided in Article 7 (Patent Infringement); or,
(d) conferring by implication, estoppel or otherwise any license or rights under any patents of The Regents other than Regents' Patent Rights or Joint Patent Rights as defined herein, regardless of whether such patents are dominant or subordinate to Regents' Patent Rights or Joint Patent Rights; or,
(e) an obligation to furnish any know-how not provided in Regents' Patent Rights or Joint Patent Rights.
Limited Warranty. Except as set forth herein, if you received the Device new from us and the Device included a limited warranty at the time of receipt, you must refer to the separate limited warranty document provided with the Device for information on the limitation and disclaimer of certain warranties. Remedies for breach of any such warranties will be limited to those expressly set forth in such documentation.
Limited Warranty. (a) ICN warrants that each shipment of the Product supplied to Schering pursuant to this Agreement, when shipped from the ICN Facility, shall conform to the Product Specifications, shall be manufactured by ICN and supplied to Schering in accordance with the requirements of applicable law in the country of manufacture and any other applicable regulatory legal requirements in the Territory, including, without limitation, any current Good Manufacturing Practices requirements, and shall be of substantially equivalent quality as the Product produced by ICN for its own use. ICN shall provide to Schering concurrently with each shipment of Product a Certificate of Analysis which contains analytical results and specifications of the batch. THE WARRANTY PROVIDED FOR IN THIS SECTION 8.4(a) IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER PERTAINING TO THE PRODUCT AND WHETHER ARISING BY LAW, CUSTOM, CONDUCT, OR USAGE OR TRADE, AND THE RIGHTS AND REMEDIES PROVIDED IN SECTION 8.4(b) ARE EXCLUSIVE AND IN LIEU OF ALL OTHER RIGHTS AND REMEDIES (EXCEPT AS PROVIDED IN SECTION 8.4(d)).
(b) Subject to Section 3.7(b) if any Product is shown to be in breach of ICN's warranty ("Non-Conforming Product") contained in Section 8.4(a), Schering's exclusive remedy shall be to return to ICN the Non-Conforming Product and to receive a credit (with ICN paying related transportation costs) in the amount paid to ICN hereunder for such Non-Conforming Product and related transportation costs (including costs of returning such Non-Conforming Product) or to have ICN replace such Non-Conforming Product.
(c) EXCEPT FOR ICN'S OBLIGATION TO REFUND OR REPLACE NON-CONFORMING PRODUCT AS SET FORTH IN SECTION 8.4(b) ABOVE, ICN SHALL NOT BE LIABLE TO SCHERING FOR, AND SCHERING WAIVES ANY AND ALL CLAIMS AGAINST ICN FOR, ALL DAMAGES, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHICH MAY BE CAUSED BY, OR IN ANY WAY RESULT FROM, THE PRODUCT OR THEIR DELIVERY UNDER THIS AGREEMENT, INCLUDING DAMAGES RESULTING FROM DELAYS IN DELIVERY, OR FAILURE TO DELIVER, ANY PRODUCT WHETHER BASED ON BREACH OF WARRANTY, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION.
(d) NOTHING IN THIS SECTION SHALL BE DEEMED IN ANY WAY TO LIMIT SCHERING'S RIGHTS OF INDEMNIFICATION PURSUANT TO SECTIONS 11.2(a)(ii) AND 11.2(b)
Limited Warranty. Accenture warrants that (i) for a period of sixty (60) days from commencement of the initial license term defined in the related Order Form (“Warranty Period”) the Software as delivered will materially conform to Accenture’s technical documentation made available for download or provided with the Software; and (ii) the Maintenance Services will be performed in a good and workmanlike manner. The warranties set forth in this Section are contingent upon Client’s use of the Software in compliance with this Agreement and Client notifying Accenture of any such non-conformance during the applicable Warranty Period.