THE LIMITED WARRANTY Clause Samples

The Limited Warranty clause defines the specific assurances a party, typically the seller or manufacturer, provides regarding the quality, performance, or condition of goods or services for a set period. It outlines what defects or issues are covered, the duration of coverage, and the remedies available, such as repair, replacement, or refund, while also listing exclusions and limitations. This clause serves to set clear expectations for both parties, limit the provider's liability, and protect the buyer by ensuring recourse if the product or service fails to meet the stated standards within the warranty period.
THE LIMITED WARRANTY. 1.1 Ecoscape warrants to the original purchaser (“Purchaser”, “you” or “your”) of the Ecoscape products noted below that, for the specified Warranty Period, such products shall, (i) under normal and proper service conditions, (ii) when installed in accordance with Ecoscape's written instructions and (iii) when used and maintained in an above-ground application, remain free from material manufacturing defects and will not check, splinter, delaminate, rot, or suffer structural damage from fungal decay. For purposes of the Limited Warranty, the “original purchaser” means the individual or individuals who were the owners of the real property upon which the Ecoscape product was installed. 1.2 The term of the Limited Warranty (“Warranty Period”) for Ecoscape UK metal Clips shall be twenty (20) years from the date of original purchase provided that such purchaser maintains ownership of the real property upon which the Ecoscape product was installed. 1.3 The term of the Limited Warranty (“Warranty Period”) for the Ecoscape Plastic Clips shall be fifteen (15) years from the date of original purchase provided that such purchaser maintains ownership of the real property upon which the Ecoscape product was installed. 1.4 The term of the Limited Warranty (“Warranty Period”) for the Ecoscape Clarity Decking, the Ecoscape Clarity Balustrade and Ecoscape Clarity Fencing twenty (20) years from the date of original purchase provided that such purchaser maintains ownership of the property upon which the Ecoscape product was installed against structural damage from fungal decay, rotting, splintering or splitting only. Ecoscape UK Ltd is not responsible for and does not warrant against any condition attributable to (no implied warranty shall be deemed to cover): - Variations or changes in colour of the product. - Improper installation and/or failure to abide by the installation guidelines available from Ecoscape UK Ltd. - Use of Ecoscape UK Ltd composites in an application not recommended by Ecoscape UK Ltd or a use in which disregards Building Regulations. - Movement, distortion, settling or collapse of the ground and/or supporting structure upon which Ecoscape UK Ltd materials are installed. - Any act of God (i.e. earthquake etc.) or environmental act (pollution fallout etc.). - Faults due to improper handling or storage of the product. 1.4.1 Ecoscape Clarity products attain a high slip resistance score in accordance to PTV Slip Test BS 7976-2:2002 (Four S / Slider 96) in bo...
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THE LIMITED WARRANTY. Ginlong warrants that the Products will be free from defects and workmanship within the Warranty Period set forth in Section C, below. This Limited Warranty is subject to the terms and conditions in this document. This Limited Warranty may extend a Customer’s statutory rights and cannot be construed so as to diminish such statutory rights. The Limited Warranty under this document is available on and from May 1, 2024 ("Warranty Validation Date"). Unless otherwise agreed in writing, the Limited Warranty under this document is not applicable to any Products sold prior to the Warranty Validation Date. For the avoidance of doubt, the original terms and conditions supplied with that Product will continue to apply for any Product sold prior to the Warranty Validation Date.
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THE LIMITED WARRANTY. Urban Direct Wholesale warrants to the “original purchaser” of the NewTechWood products noted below will remain free from material manufacturing defects and will not: • splinter; • delaminate; • rot; • will not suffer termite damage and fungal decay. in the following conditions:
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THE LIMITED WARRANTY. 1.1. Eurocell warrants to the original purchaser (“Purchaser”, “you” or “your”) of the Products that, for the specified Warranty Period, the Products shall, (i) under normal and proper service conditions, (ii) when installed in accordance with Eurocell's written instructions and (iii) when used and maintained in an above-ground application, remain free from material manufacturing defects and will not check, splinter, delaminate, rot, or suffer structural damage from fungal decay. For the purposes of the Limited Warranty, the “original purchaser” means the individual or individuals who were the owner(s) of the real property where the Products are installed. This Limited Warranty is not transferable. 1.2. The term of the Limited Warranty (“Warranty Period”) for the Products shall be twenty (20) years from the date of original purchase provided that such purchaser maintains ownership of the real property where the Products were installed. 1.3. The term of the Limited Warranty (“Warranty Period”) for Eurocell Metal Clips shall be twenty (20) years from the date of original purchase provided that such purchaser maintains ownership of the real property where the Products were installed. 1.4. The term of the Limited Warranty (“Warranty Period”) for the Eurocell Plastic Clips shall be fifteen (15) years from the date of original purchase provided that such purchaser maintains ownership of the real property where the Products were installed. 1.5. The Limited Warranty is strictly for the benefit of the owner of the property at which the Products were installed at the date of installation, and protects the owner against structural damage from fungal decay, rotting, splintering or splitting only. The Limited Warranty is subject to a number of exclusions which are set out at Section 3.4. 1.6. The Products attain a high slip resistance score in accordance to PTV Slip Test BS 7976- 2:2002 (Four S / Slider 96) in both wet and dry conditions. However, this surface is NOT resistant to scratching or changes in colour with exposure to UV light. Eurocell embossed Products will present some slight colour change over time with exposure to UV light. This is because wood plastic composites contain natural wood fibres which holds organic lignin; the timber compound that greys with exposure to UV. Colour change will be more noticeable in lighter colours in the embossed composite range such as Salt Lake Silver. Darker colours which contain large amounts of dye in do does not show sig...
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THE LIMITED WARRANTY. 1.1 Ningbo Helong New Material Company, Inc. (hereinafter “Honorwood”) warrants to the original purchaser (“Purchaser”) that, for the period of time set forth in the following sentence, under normal use and service conditions, Honorwood products shall be free from material defects in workmanship and materials, and shall not split, splinter, rot or suffer structural damage from termites or fungal decay. The term of such warranty shall be twenty-five (25) years from the date of original purchase for a residential application, and ten (10) years from the date of original purchase for a commercial application. If a defect occurs within the warranty period, Purchaser shall notify Honorwood in writing and, upon confirmation by an authorized Honorwood representative of the defect. Honorwood’s sole responsibility shall be, at its option, to either replace the defective item or refund the portion of the purchase price paid by Purchaser for such defective item (not including the cost of its initial installation). 1.2 For purposes of this warranty, a “residential application” shall refer to an installation of the Product on an individual residence, and a “commercial application” shall refer to any installation of the Product other than on an individual residence.
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THE LIMITED WARRANTY. 1.1 NewTechWood warrants to the original purchaser (“Purchaser”, “you” or “your”) of the NewTechWood products noted below that, for the specified Warranty Period, such products shall, (i) under normal and proper service conditions, (ii) when installed in accordance with NewTechWood’s written instructions and
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THE LIMITED WARRANTY 
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Related to THE LIMITED WARRANTY

  • 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 Warranties State Street represents and warrants that it is the owner of and has the right to grant access to the System and to provide the Remote Access Services contemplated herein. Because of the nature of computer information technology including, but not limited to, the use of the Internet, and the necessity of relying upon third party sources, and data and pricing information obtained from third parties, the System and Remote Access Services are provided “AS IS”, and the Customer and its Authorized Designees shall be solely responsible for the investment decisions, results obtained, regulatory reports and statements produced using the Remote Access Services. State Street and its relevant licensors will not be liable to the Customer or its Authorized Designees for any direct or indirect, special, incidental, punitive or consequential damages arising out of or in any way connected with the System or the Remote Access Services, nor shall either party be responsible for delays or nonperformance under this Addendum arising out of any cause or event beyond such party’s control. State Street will take reasonable steps to ensure that its products (and those of its third-party suppliers) reflect the available state of the art technology to offer products that are Year 2000 compliant, including, but not limited to, century recognition of dates, calculations that correctly compute same century and multi century formulas and date values, and interface values that reflect the date issues arising between now and the next one-hundred years, and if any changes are required, State Street will make the changes to its products at no cost to you and in a commercially reasonable time frame and will require third-party suppliers to do likewise. The Customer will do likewise for its systems. EXCEPT AS EXPRESSLY SET FORTH IN THIS ADDENDUM, STATE STREET, FOR ITSELF AND ITS RELEVANT LICENSORS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES CONCERNING THE SYSTEM AND THE SERVICES TO BE RENDERED HEREUNDER, WHETHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. State Street will defend or, at our option, settle any claim or action brought against the Customer to the extent that it is based upon an assertion that access to the System or use of the Remote Access Services by the Customer under this Addendum constitutes direct infringement of any patent or copyright or misappropriation of a trade secret, provided that the Customer notifies State Street promptly in writing of any such claim or proceeding and cooperates with State Street in the defense of such claim or proceeding. Should the System or the Remote Access Services or any part thereof become, or in State Street’s opinion be likely to become, the subject of a claim of infringement or the like under any applicable patent or copyright or trade secret laws, State Street shall have the right, at State Street’s sole option, to (i) procure for the Customer the right to continue using the System or the Remote Access Services, (ii) replace or modify the System or the Remote Access Services so that the System or the Remote Access Services becomes noninfringing, or (iii) terminate this Addendum without further obligation.

  • Limited Warranty and Limitation of Liability A. EBSCO and its licensors disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, noninfringement, or fitness for a particular purpose. Neither EBSCO nor its licensors assume or authorize any other person to assume for EBSCO or its licensors any other liability in connection with the licensing of the Databases or the Services under this Agreement and/or its use thereof by the Licensee and Sites or Authorized Users. B. THE MAXIMUM LIABILITY OF EBSCO AND ITS LICENSORS, IF ANY, UNDER THIS AGREEMENT, OR ARISING OUT OF ANY CLAIM RELATED TO THE PRODUCTS, FOR DIRECT DAMAGES, WHETHER IN CONTRACT, TORT OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES RECEIVED BY EBSCO FROM LICENSEE HEREUNDER UP TO THE TIME THE CAUSE OF ACTION GIVING RISE TO SUCH LIABILITY OCCURRED. IN NO EVENT SHALL EBSCO OR ITS LICENSORS BE LIABLE TO LICENSEE OR ANY AUTHORIZED USER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES RELATED TO THE USE OF THE DATABASES OR SERVICES OR TO THESE TERMS AND CONDITIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. C. Licensee is responsible for maintaining a valid license to the third party resources configured to be used via the Services (if applicable). EBSCO disclaims any responsibility or liability for a Licensee accessing the third party resources without proper authorization. D. EBSCO is not responsible if the third party resources accessible via the Services fail to operate properly or if the third party resources accessible via the Services cause issues for the Licensee. While EBSCO will make best efforts to help troubleshoot problems, Licensee acknowledges that certain aspects of functionality may be dependent on third party resource providers who may need to be contacted directly for resolution.

  • Limited Warranty; Limitation of Liability REVVITY OMICS, INC., VIACORD, LLC, AND THEIR RESPECTIVE AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERS, INCLUDING THE ORDERING PROVIDER AND ITS CONTRACTORS, SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT REVVITY OR VIACORD HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL REVVITY’S OR VIACORD’S, OR THEIR RESPECTIVE AFFILIATES’, DIRECTORS’, EMPLOYEES’, AGENTS’ OR SERVICE PROVIDERS’, INCLUDING THE ORDERING PROVIDER’S AND ITS CONTRACTORS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES PROVIDED PURSUANT TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID BY CUSTOMER PURSUANT TO THIS SERVICE AGREEMENT. THE AFOREMENTIONED LIMITATION OF LIABILITY SHALL NOT APPLY TO DEATH OR PERSONAL INJURY RESULTING FROM REVVITY OR VIACORD’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. CLIENT UNDERSTANDS AND AGREES THAT CLIENT IS GIVING UP CERTAIN RIGHTS THAT IT MIGHT OTHERWISE HAVE, NOW OR IN THE FUTURE, TO SUE OR OTHERWISE SEEK MONETARY DAMAGES OR OTHER RELIEF AGAINST REVVITY, VIACORD, THE ORDERING PROVIDER, OR THEIR AFFILIATES OR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS FOR ANY REASON RELATING TO THE SEQUENCING SERVICES, OTHER THAN THE RIGHTS THAT YOU MAY HAVE UNDER THE AGREEMENT AND THIS EXHIBIT, IF ANY. THE CLIENT UNDERSTANDS THAT REVVITY AND VIACORD WILL NOT BE LIABLE FOR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS (INCLUDING THE LOSS OR DESTRUCTION OF SAMPLE(S)) IN THE EVENT OF A FORCE MAJEURE WHICH MAY INCLUDE, WITHOUT LIMITATION, NATURAL DISASTERS, STRIKES, ACTS OF GOD, WAR, NON-TEMPORARY POWER FAILURES, EPIDEMIC, PANDEMIC, TERRORIST ATTACKS, AND GOVERNMENT REGULATIONS.

  • Warranties Limitation of Liability The Company will use commercially reasonable efforts to provide the Services in a good and workmanlike manner in accordance with the sound and prudent practices of providers of similar services. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, THE COMPANY MAKES NO (AND HEREBY DISCLAIMS AND NEGATES ANY AND ALL) WARRANTIES OR REPRESENTATIONS WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES. IN NO EVENT WILL THE COMPANY OR ANY OF ITS AFFILIATES BE LIABLE TO ANY OF THE PERSONS RECEIVING ANY SERVICES OR TO ANY OTHER PERSON FOR ANY EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES RESULTING FROM ANY ERROR IN THE PERFORMANCE OF SUCH SERVICE, REGARDLESS OF WHETHER THE PERSON PROVIDING SUCH SERVICE, ITS AFFILIATES OR OTHERS MAY BE WHOLLY, CONCURRENTLY, PARTIALLY OR SOLELY NEGLIGENT OR OTHERWISE AT FAULT, EXCEPT TO THE EXTENT SUCH EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARE PAID BY THE PARTY INCURRING SUCH DAMAGES TO A PERSON THAT IS NOT A PARTY TO THIS AGREEMENT. THE PROVISIONS OF THIS SECTION 2.05 WILL SURVIVE TERMINATION OF THIS AGREEMENT.