Limited Warranty; Limitation on Liability. Company provides the Services and any related products on an “as is” basis. You expressly agree that use of the Services is at Your sole risk. Company and the Company Parties expressly disclaim all warranties of any kind, whether express, implied, statutory, or otherwise, oral or written, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. You hereby agree that the terms of this Agreement, including any Schedule, will not be altered due to custom or usage or due to the parties’ course of dealing or course of performance under this Agreement, including any Schedule. Company and Company Parties will not be liable for any direct, indirect, incidental, special, punitive or consequential damages (including but not limited to damages for lost profits, business interruption, loss of programs or information, and the like) that result from the use or inability to use the Services or from mistakes, the Services not meeting Your requirements or expectations, omissions, hardware failures, translations and system wordings, functionality of filters, migration issues, interruptions, deletion of files or directories, unavailability of backups, errors, defects, delays in operation, or transmission, regardless of whether Company or any Company Party has been advised of such damages or their possibility. Company will not be liable for any harm that may be caused by Your access to application programming interfaces or the execution or transmission of malicious code or similar occurrences, including without limitation, disabling devices, drop dead devices, time bombs, trap doors, trojan horses, worms, viruses and similar mechanisms. You agree that the total liability of Company and any Company Party and Your sole remedy for any claims regarding the Services under this Agreement, including any Schedule, or otherwise is limited to any applicable credits set forth in the Service Level Agreement.
Limited Warranty; Limitation on Liability. Biomatrix represents and warrants that the Agreement Product and any Improved Agreement Product(s) supplied to the Distributor hereunder shall:
Limited Warranty; Limitation on Liability. THE SERVICES SHALL BE PROVIDED ON THE BASIS THAT SERVICE PROVIDER DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES SAVE AND EXCEPT THAT THE SERVICES SHALL BE PROVIDED IN ACCORDANCE WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION SECTION 4.1. ALL PRODUCTS OBTAINED FOR THE RELEVANT ENTITIES SHALL BE AS IS, WHERE IS, AND WITH ALL FAULTS. SERVICE PROVIDER MAKES NO (AND HEREBY DISCLAIMS AND NEGATES ANY AND ALL) REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES RENDERED OR PRODUCTS OBTAINED FOR THE RELEVANT ENTITIES. IT IS EXPRESSLY UNDERSTOOD BY SERVICE PROVIDER AND THE RELEVANT ENTITIES THAT SERVICE PROVIDER SHALL HAVE NO LIABILITY FOR THE FAILURE OF THIRD PARTY CONTRACTORS TO PERFORM ANY SERVICES HEREUNDER AND FURTHER THAT SERVICE PROVIDER SHALL HAVE NO LIABILITY WHATSOEVER FOR THE SERVICES PROVIDED BY ANY SUCH THIRD PARTY CONTRACTOR UNLESS IN EITHER EVENT SUCH SERVICES ARE PROVIDED IN A MANNER THAT WOULD EVIDENCE NEGLIGENCE, GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT ON THE PART OF SERVICE PROVIDER. THE RELEVANT ENTITIES MAY NOT RELY UPON ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE MADE TO SERVICE PROVIDER BY ANY THIRD PARTY CONTRACTOR PERFORMING SERVICES ON BEHALF OF SERVICE PROVIDER HEREUNDER, UNLESS SUCH THIRD PARTY CONTRACTOR MAKES AN EXPRESS WARRANTY TO THE RELEVANT ENTITIES. HOWEVER, IN THE CASE OF OUTSOURCED SERVICES PROVIDED SOLELY FOR THE RELEVANT ENTITIES, IF THE THIRD PARTY CONTRACTOR OF SUCH SERVICES MAKES AN EXPRESS WARRANTY TO ANY OF THE RELEVANT ENTITIES, THE RELEVANT ENTITIES ARE ENTITLED TO CAUSE SERVICE PROVIDER TO RELY ON AND TO ENFORCE SUCH WARRANTY. THE RELEVANT ENTITIES AGREE THAT THE REMUNERATION PAID TO SERVICE PROVIDER HEREUNDER FOR THE SERVICES REFLECT THE FOREGOING LIMITATIONS OF LIABILITY AND DISCLAIMER OF WARRANTIES. IN NO EVENT SHALL ANY PARTY TO THIS AGREEMENT BE LIABLE TO ANY OTHER PARTY TO THIS AGREEMENT OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES ASSOCIATED WITH THE PERFORMANCE OF SERVICES OR FROM THE BREACH OF THIS AGREEMENT, REGARDLESS OF THE FAULT OF SUCH PARTY OR ANY THIRD PARTY CONTRACTOR OR WHETHER SUCH PARTY OR THE THIRD PARTY CONTRACTOR ARE WHOLLY, CONCURRENTLY, PARTIALLY, OR SOLELY NEGLIGENT. TO THE EXTENT ANY THIRD PARTY CONTRACTOR HAS LIMIT...
Limited Warranty; Limitation on Liability. A. Sun expressly warrants that title to all items sold to GPI under this Agreement will pass to GPI free and clear of all liens, claims, security interests or encumbrances and that no materials, equipment or supplies incorporated into any items sold to GPI hereunder will have been acquired by Sun subject to an agreement under which any interest therein or any encumbrance thereon is retained by Sun which will survive delivery to GPI.
Limited Warranty; Limitation on Liability. D-Scope Systems warrants that for a period of sixty (60) days after installation of the Software, or if the license term is shorter, such shorter period the term of this Agreement (“Warranty Period). Licensor’s entire liability and Licensee’s exclusive remedy during the Warranty Period with respect to the Software (“Limited Warranty”) will be, with the exception of any statutory warranty or remedy that cannot be excluded or limited under law, at D-Scope Systems’ option, (a) to attempt to correct or work around errors, if any, or (b) to refund any License fees, if any, paid by Licensee in connection with the non- working Software, for the period such was not functional, and terminate the Agreement. The limited warranty under this Section 6.2 shall not apply to the Software to the extent that Licensee’s hardware does not meet the Minimum System Requirements. Licensee shall not have a right to any technical support, under the Terms of the Gold Support Agreement or otherwise, nor any right to the reimbursement of any fees in conjunction with any Client Purchase Order, as to any installation or attempted installation on hardware that does not meet the Minimum System Requirements as detailed in the D-Scope Systems IFU.
Limited Warranty; Limitation on Liability. Biomatrix represents and warrants that the Agreement Product supplied to Syntex hereunder shall:
Limited Warranty; Limitation on Liability. Genzyme represents and warrants that the Agreement Products and any Improved Agreement Product(s) supplied to the Distributor hereunder shall:
Limited Warranty; Limitation on Liability. CALYPSO represents and warrants that the Agreement Products supplied to the Distributor hereunder shall:
Limited Warranty; Limitation on Liability. 5.1 Seller warrants to the original Buyer that the Products, when delivered or shipped, and the Services, when completed, will be free from defects in material and workmanship, and will be in accordance with any applicable specifications, and that the warranty period shall commence on the date of original delivery, shipment or completion of Services and extend through two (2) year from said date. Buyer shall carefully examine the quality of the Products upon delivery or shipment and the Services upon completion, and provide Seller with a written confirmation (via email, fax or letter) of any visible defect, damage, loss or shortage within two (2) days of receipt of the Products, receipt of the invoice or other proof of dispatch, or completion of the Services.
Limited Warranty; Limitation on Liability. GiaSpace provides the Services and any related products on an “as is” basis. You expressly agree that use of the Services is at Your sole risk. GiaSpace and the GiaSpace Parties expressly disclaim all warranties of any kind, whether express, implied, statutory, or otherwise, oral or written, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. You hereby agree that the terms of this Agreement, including any Accepted Order(s), will not be altered due to custom or usage or due to the parties’ course of dealing or course of performance under this Agreement, including any Accepted Order(s). GiaSpace and GiaSpace Parties will not be liable for any direct, indirect, incidental, special, punitive or consequential damages (including but not limited to damages for lost profits, business interruption, loss of programs or information, and the like) that result from the use or inability to use the Services or from mistakes, the Services not meeting Your requirements or expectations, omissions, hardware failures, translations and system wordings, functionality of filters, migration issues, interruptions, deletion of files or directories, unavailability of backups, errors, defects, delays in operation, or transmission, regardless of whether GiaSpace or any GiaSpace Party has been advised of such damages or their possibility. GiaSpace will not be liable for any harm that may be caused by Your access to application programming interfaces or the execution or transmission of malicious code or similar occurrences, including without limitation, disabling devices, drop dead devices, time bombs, trap doors, trojan horses, worms, viruses and similar mechanisms. You agree that the total liability of GiaSpace and any GiaSpace Party and Your sole remedy for any claims regarding the Services under this Agreement, including any Accepted Order(s), or otherwise is limited to any applicable credits set forth in the Service Level Agreement.
