Limited Warranty of Material Sample Clauses

Limited Warranty of Material. Fera hereby represents and warrants that the Material shall be viable upon shipment from Fera, and for a period, from Fera's shipment, of thirty (30) days (the "Warranty Period"). The sole remedy for breach of this warranty is one (1) replacement by Fera of the Material free of charge if Recipient reports the lack of viability upon receipt or within the applicable Warranty Period. Any expiration date specified on the Material shipment documentation states the expected remaining useful life, but does not constitute a warranty. Disclaimer of warranties Except as expressly provided in this agreement, there are no representations or warranties by Fera or its contributors with respect to the items, express or implied, including without limitation, any implied warranty of authenticity, typicality, title, safety, merchantability, or fitness for a particular purpose. Neither Fera nor its contributors makes any representation or warranty that use of the items will not infringe any patent, copyright, trademark or other proprietary right of third parties nor as to the accuracy or correctness of the data. Fera may at its discretion provide technical assistance and information with respect to the Material as well as other products and procedures associated with use of the Material. Fera makes no warranties of any kind, express or implied, with respect to the technical assistance or information provided. It is the Recipient's responsibility to assess the technical assistance and information in consideration of the use, selection, application or suitability of the items.
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Limited Warranty of Material. (a) NCIMB hereby represents and warrants, that the MATERIAL shall be viable and pure upon shipment from NCIMB, and for a period, from NCIMB's shipment, of ninety (90) days for freeze dried cultures and fourteen (14) days for active cultures (the "Warranty Period"). The primary remedy for breach of this warranty is replacement by NCIMB of the MATERIAL free of charge if lack of viability or purity is reported upon receipt or within the applicable Warranty Period. Any claim against the Warranty will have to be justified to NCIMB’s satisfaction. Any expiration date specified on the MATERIAL shipment documentation does not constitute a warranty.
Limited Warranty of Material. (a) DBVPG hereby represents and warrants that the MATERIAL shall be viable and pure (as far as can be determined through DBVPG test regimes) upon shipment from DBVPG, and for a period, from DBVPG's shipment, of thirty (30) days (the "Warranty Period"). The primary remedy for breach of this warranty is replacement by DBVPG of the MATERIAL free of charge if lack of viability or purity is reported upon receipt or within the applicable Warranty Period, provided that the claim is justified to DBVPG’s satisfaction. Any expiration date specified on the MATERIAL shipment documentation does not constitute a warranty. The RECIPIENT may obtain a credit or full refund if DBVPG fails to supply a viable replacement of any MATERIAL sold.
Limited Warranty of Material. (a) UAMH hereby represents and warrants that the MATERIAL shall be viable and pure (as far as can be determined through UAMH test regimes) upon shipment from UAMH, and for a period, from shipment, of thirty (30) days (the "Warranty Period"). The primary remedy for breach of this warranty is replacement by UAMH of the MATERIAL free of charge if lack of viability or purity is reported upon receipt or within the applicable Warranty Period, provided that the claim is justified to the satisfaction of UAMH. Any expiration date specified on the MATERIAL shipment documentation does not constitute a warranty. The RECIPIENT may obtain a credit or full refund if UAMH fails to supply a viable replacement of any MATERIAL sold.

Related to Limited Warranty of Material

  • 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.

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