No Aquantia Defect Clause Samples
The "No Aquantia Defect" clause establishes that the subject matter—such as products, components, or technology—does not contain any defects attributable to Aquantia, a specific party or manufacturer. In practice, this clause may require the seller or provider to warrant that none of the goods supplied have known issues, malfunctions, or deficiencies that originated from Aquantia's design, manufacturing, or materials. This provision serves to allocate risk and responsibility, ensuring that the buyer is protected from inheriting problems caused by Aquantia, and clarifies liability in the event such defects are discovered.
No Aquantia Defect. Aquantia shall not be liable under the warranties set forth in Section 8.B.(iv) or (v) if its testing and examination clearly establish that the alleged defect in the item does not exist or was caused by Buyer’s, end users’ or any third person’s misuse, negligence, improper installation or improper testing, attempts to repair by accident, fire, lightning or other cause beyond Aquantia’s control and such was the cause of the breach of such express warranty. Aquantia shall not be liable under the warranties set forth in Section 8.B(iv) or (v) if it can clearly establish such any defect or non-conformance is caused by an intellectual property provided by Buyer.