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. Seller warrants to Midwest, its customers, and end users for a period from completion of delivery of the Products to Midwest, to one year following first use of the Product as incorporated into the final product intended, that: (a) the Product shall be free from defects in design, material, workmanship, and manufacture; (b) the Products will conform to any specifications, drawings, samples, or other descriptions by Seller or provided by Midwest to Seller, and any representation or promises of Seller; (c) the Products will be suitable for the purposes for which they are intended; and (d) the Products are new, unused, and not subject to any prior damage. Seller also warrants to Midwest, its customers, and end users that Seller delivered to Midwest good unencumbered title to the Products. The foregoing warranties are in addition to all of the warranties, whether expressed or implied, and will survive delivery, inspection, acceptance, or payment by Midwest. In the event any warranty made by Seller with respect to the Products is breached, Midwest, at its sole option, may; (a) require Seller to correct any such breach by conforming the Products to their warranty at no charge to Midwest; (b) return the Products to Seller at Seller’s expense and recover form Seller the purchase price for the Products; (c) conform the Products to their warranties itself and charge back to Seller any costs, including labor, in conforming the Products to their warranty, or (d) use the Product in its non-conforming condition and receive from Seller a return of a portion of the purchase price consistent with the value of the Products in their non-conforming condition. The foregoing remedies are in addition to all other remedies at law or in equity, for damages or otherwise, and shall not be deemed to be exclusive.
W arranty. The Deliverables shall be in conformity with the highest standards of quality and professionalism. Vendor warrants that the Deliverables shall be free from defects in design, materials and workmanship and shall conform to all applicable requirements, specifications, samples, drawings and descriptions either provided by or to Company, including, without limitation, all requirements, specifications, samples, drawings and descriptions contained or referenced in any other documentation provided or produced by Vendor, shall conform to all applicable requirements of law and government regulation, and shall otherwise be merchantable and fit and suitable for their intended purposes. Vendor further warrants that it owns the Deliverables and has the power to, and shall, transfer the Deliverables to Company free and clear of liens, encumbrances and interests of any kind. These warranties shall survive delivery, inspection, acceptance and payment.
W arranty. Sound will from time-to-time provide Dealer with a copy of its then-current warranty applicable to the Products. Sound makes no warranties to Dealer. Sound will extend its then-current warranty applicable to a Product to each Customer who purchases such Product from Dealer. Sound will not accept any returns from Customer or Dealer, except that Sound will accept return of Product from Dealer if such Product does not comply with the applicable warranty.
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. 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. The equipment sold by seller hereunder is sold as is and without warranty. Seller neither makes nor assumes any liability under any warranty. Whether statutory, by operation of law or otherwise, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Seller does not warrant that such equipment or merchandise conforms with any plans or specifications of buyer or others or meets any requirements of any federal, state or local laws, regulations or ordinances pertaining to safety or insurance requirements.
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.
