Limited Warranty Remedy. In the event of breach of the Limited Warranty in Section 13.1, ZEISS will, at its sole discretion, replace or issue Buyer a refund for any nonconforming Product. ZEISS shall not be liable for a breach of the warranty set forth in Section 13.1 unless Buyer gives written notice of the defect, reasonably described, including whether such Product came into contact with any patients, to ZEISS within 10 business days of the time when Buyer discovers or ought to have discovered the defect.
Limited Warranty Remedy. (a) Cyclomedical warrants that each Product Unit supplied to Customer under this Agreement shall meet the quality requirements for the Product set forth in the SOPs and shall be delivered at the time specified in Section 3(c).
Limited Warranty Remedy. In the event of breach of the Limited Warranty, ZEISS will, at its sole discretion, repair or replace any parts that it reasonably determines to have failed due to defects in material or workmanship during the Warranty Period, free of any charge for either parts or labor, or if such attempts to repair or replace do not succeed in remedying the defect(s) in workmanship and/or materials, ZEISS may, at its sole discretion, refund the value of the Nonconforming Product. ZEISS shall not be liable for a breach of the warranty set forth in Section 14.1 unless Xxxxx gives written notice of the defect, reasonably described, to ZEISS within 10 business days of the time when Xxxxx discovers or ought to have discovered the defect. This Section 14.3 represents ZEISS’ sole liability, and Xxxxx’s sole and exclusive remedy, for Nonconforming Product.
Limited Warranty Remedy. In the event of breach of the Limited Warranty, ZEISS will, at its sole discretion, replace or issue Buyer a refund for any nonconforming Product. ZEISS shall not be liable for a breach of the warranty set forth in Section 14.1 unless Xxxxx gives written notice of the defect, reasonably described, including whether such Product came into contact with any patients, to ZEISS within 10 business days of the time when Xxxxx discovers or ought to have discovered the defect. This Section 14.4 represents ZEISS’ sole liability, and Xxxxx’s sole and exclusive remedy, for Nonconforming Product.
Limited Warranty Remedy. If Lative breaches the Performance Warranty, and Customer makes a reasonably detailed warranty claim within 30 days of discovering the issue, then Lative will use reasonable efforts to correct the breach or non- conformity. If Lative, acting reasonably, determines such remedy to be impracticable or Customer would otherwise be entitled to terminate the Agreement under Clause 13.1, either Party may terminate the affected Service Order. Lative will then refund to Customer any pre-paid, unused fees for the terminated portion of the Subscription Term.
Limited Warranty Remedy. In the event of breach of the Limited Warranty, ZEISS will, at its sole discretion, repair or replace any parts that it reasonably determines to have failed due to defects in material or workmanship during the Warranty Period, free of any charge for either parts or labor, or if such attempts to repair or replace do not succeed in remedying the defect(s) in workmanship and/or materials, ZEISS may, at its sole discretion, refund the value of the Nonconforming Product. ZEISS shall not be liable for a breach of the warranty set forth in Section 13.1 unless Buyer gives written notice of the defect, reasonably described, to ZEISS within 10 business days of the time when Buyer discovers or ought to have discovered the defect.
Limited Warranty Remedy. Software producer's sole obligation, and your exclusive remedy, under the limited warranty set forth in this Section shall be, at the sole discretion of Software producer by its choice to supply you with a corrected or replacement copy of the Software or a refund of all amounts that Software producer or its third party suppliers has received from you for the subject Software provided under this XXXX. Software producer does not warrant that the Software will be resistant to all possible efforts to defeat or disable its functions, including its security mechanisms, and Software producer shall not incur, and disclaims, any liability in this respect. To the maximum extent permissible by law, Software producer shall not be held liable for any third party actions and in particular in case of any successful effort to defeat or disable security functions of the Software, or computing devices and equipment using, accessing or incorporating the Software. No oral or written information or advice given by software producer, its dealers, distributors, agents or employees creates and generates a warranty and you may not rely on any such information or advice.
Limited Warranty Remedy. If the Product does not conform to the warranties provided herein, CATL liability will be limited to the full repair or replacement of the Product.
Limited Warranty Remedy. Apptoto warrants to Customer that the Software shall operate in substantial conformity with the Documentation (subject to the terms hereof), and that the Consulting Services, if any, will be performed in a professional and workmanlike manner. The foregoing warranty shall not apply if the non-conformance is not replicable or results from third party systems or components used by Customer to access the Software, including any lack of interoperability with such third party systems or components. The Software are provided “As-Is” and as available and Apptoto does not represent or warrant that operation of or access to the Software will be uninterrupted or error-free, or that all reported defects will be corrected. Apptoto’s sole liability and Customer’s sole and exclusive remedy for any breach of the limited warranty set forth above shall be, in Apptoto’s sole discretion, to (i) use commercially reasonable efforts to provide an error-correction or work- around for the reported non-conformity, or (ii) terminate this Agreement and refund to Customer the that portion of any prepaid Fee associated with any unused balance of the then-current term. Apptoto shall have no obligation with respect to a warranty claim unless notified of such claim promptly and the non-conformity and notice occurred during the term. Customer is solely responsible for maintaining its own connectivity and connection to the Software via any necessary hardware, software, telecommunications and internet connections, at its own cost and expense, and Apptoto is not responsible for any interruptions thereto. Customer expressly agrees that Apptoto shall not be liable in any manner for any interruption in or failure of access to the Software, nor shall any such interruption or failure of access be deemed a breach of the terms of this Agreement. If and to the extent the Software, includes, integrates or links to any third party content, data or software (“Third Party Content”), such as, without limitation, Google Calendar, Outlook Calendar, Office 365, Xxxxxxxxxx.xxx, etc. or any customer database or management program, Customer acknowledges and agrees that (a) Apptoto is not responsible for any Third Party Content; and (b) any Third Party Content may be subject to additional terms and conditions (including applicable terms of use, privacy policies, end user license terms, etc.), for which Customer shall be responsible for agreeing to and complying with. Without limiting the generality of the forego...
Limited Warranty Remedy. If, in its sole discretion, Moovweb determines the remedies set forth in Sections 8.1 or 8.2 to be impracticable, Moovweb shall allow Customer to terminate the applicable Order Form or SOW and receive as its sole remedy a refund for the terminated Services as follows: (A) for the Moovweb Service, a refund in the amount of (1) the monthly subscription fees specified in the applicable Order Form which are allocable to the thirty (30) day period prior to the date the warranty claim was made and (2) any fees Customer has pre-‐paid for use of the Moovweb Service it has not received as of the date of the warranty claim and (B) for Professional Services, a refund in the amount of the portion of fees paid which are attributable to such non-‐conforming Professional Services. The limited warranties set forth in this Section 8 shall not apply: (i) unless Customer makes a claim within thirty (30) days of the date on which the condition giving rise to the claim first appeared, (ii) if the error was caused by misuse, unauthorized modifications or third-‐party hardware, software or services or (iii) to use provided on a no-‐charge or evaluation basis. Notwithstanding anything to the contrary in this Agreement, Moovweb’s sole liability (and Customer’s sole and exclusive remedy) for any breach of the warranties in Sections 8.1 and 8.2 shall be the remedies set forth in such sections and this Section 8.3.
