W arranty. Seller warrants that the Products shall be free from defects in design, material, and workmanship, for a period of one (1) year from the date of shipment to Buyer (the "Warranty Period"). Seller agrees during the Warranty Period, provided it is promptly notified in writing by Buyer upon the discovery of any defect, and further provided that all costs of returning the defective Products to Seller are pre-paid by Buyer, to repair or replace, at Seller's option, any Products determined by Seller to be defective. Replacement parts may be new or refurbished, at the election of Seller. All replaced parts shall become the property of Seller. Shipment to Buyer of repaired or replacement Products shall be made in accordance with the provisions of Section 5 above. Lamps, fuses, bulbs and other expendable items are expressly excluded from the warranty under this Section 9. Seller's sole liability with respect to equipment, materials, parts or software furnished to Seller by third party suppliers shall be limited to the assignment by Seller to Buyer of any such third party supplier's warranty, to the extent the same is assignable, and such third party warranty shall be the sole warranty provided in connection with such equipment, materials, parts, or software. In no event shall Seller have any obligation to make repairs, replacements or corrections required, in whole or in part, as the result of (i) normal wear and tear, (ii) accident, disaster or event of force majeure, (iii) misuse, fault or negligence of or by Buyer or its agents or authorized users, (iv) use of the Products in a manner for which they were not designed, (v) causes external to the Products such as, but not limited to, power failure or electrical power surges, (vi) improper storage of the Products, (vii) improper or unauthorized installation, maintenance, or repair of the Products or (viii) use of the Products in combination with equipment or software not supplied by Seller. If Seller determines that Products for which Buyer has requested warranty services are not covered by the warranty hereunder, Buyer shall pay or reimburse Seller for all costs of investigating and responding to such request at Seller's then prevailing time and materials rates. If Seller provides repair services or replacement parts that are not covered by the warranty provided in this Section 9, Buyer shall pay Seller therefore at Seller's then prevailing time and materials rates. ANY INSTALLATION, MAINTENANCE, REPAIR, SERVICE, R...
W arranty. Seller warrants that: (a) all Goods delivered and Services performed hereunder shall (i) conform exactly to the description set forth in the Business Terms and to Buyer’s specifications, designs, operating capacities, and drawings, if any; (ii) be free and clear of all liens, encumbrances and security interests;
W arranty. 8.1 Subject to the exceptions set out in clauses 8.4 to 8.6 below and the limitations upon its liability in clause 9 below the Licensor warrants that:
W arranty. (a) Dataplazma represents and warrants that (i) it has sufficient right, title and interest in the Services in order to provide the Services pursuant to the terms and conditions of this Agreement, and (ii) its execution and performance of this Agreement will not violate or conflict with any obligation it has to any third party.
W arranty. 13 .1 We warrant that all products manufactured and sold by Seller are f ree f rom defects in material and workmanship. The extent of Seller’ s liability for breach of such warranty, and when such defect is verified by Seller, shall be l imited, at Seller’ s option, to the price paid by Buyer to Seller for such product or part thereof, or to the replacement or repair of such product or part thereof, F. O. B Seller’ s plant. The foregoing warranty is exclusive and is in l ieu of all other warranties including any implied warranty for fitness and merchantability. The warranty period will terminate twenty- four ( 24 ) months after delivery to Buyer.
W arranty. 8.5.1 Company may provide warranty in connection with the CPE in accordance with Applicable Law. The Warranty is given only for the hardware portion of the CPE (CPE Hardware) and not for the software embedded in the CPE or for any other portion of the CPE including the Digi Card. In the event, the Company provides a warranty on the CPE Hardware, the period of warranty shall commence from the first date of Installation of the CPE at the Installation Address of the Subscriber. During the warranty period and subject to the clause 8.5.3 below, the Company shall repair the CPE Hardware without any charge to the Subscriber. The Warranty (if any) provided to the Subscriber shall be non-assignable and non- transferable.
W arranty. 9.1 Ho-Xx-Xxx, Inc. warrants that all products manufactured and sold by Ho-Xx-Xxx, Inc. are made in accordance with the specified requirements of the contract between the Customer and Ho-Xx-Xxx, Inc. and are free from defects in material and workmanship. The extent of Ho-Xx-Xxx, Inc.’s liability for breach of such warranty, and when such defect is accepted by Ho-Xx-Xxx, Inc., shall be limited, at Ho-Xx-Xxx, Inc.’s option, to the price paid by Customer to Ho-Xx-Xxx, Inc. for such product or part thereof, or to the replacement or repair of such product or part thereof. The warranty period will terminate twenty-four (24) months after delivery to Customer unless otherwise agreed by a signed contract by Ho-Xx-Xxx, Inc. authorized representatives.
W arranty. Contractor warrants that all materials and equipment shall be new unless otherwise specified, of good quality, in conformance with the Contract Documents, and free from defective workmanship and materials. Contractor shall furnish satisfactory evidence of the quality and type of materials and equipment furnished. Contractor further warrants that the Work shall be free from material defects not intrinsic in the design or materials required in the Contract Documents. Contractor's warranty shall commence on the Date of Substantial Completion of the Work.
W arranty. Each Party understands that any and all Confidential Information is being provided to it “as is” by the other Party without any representation or warranty, express or implied, as to the accuracy or completeness of the Confidential Information.
