Warranty and Disclaimer of Warranty. Seller Product Hardware is warranted as free from defects in materials and workmanship for a period of one year after shipment. In the event of warranty claims hereunder, Reseller shall return ship to seller, prepaid, with a written description of the basis for warranty claim for a final determination by Seller. Warranty-covered items shall be repaired or replaced by Seller and shipped to Reseller, at Seller's expense. All Seller Product Software is delivered "AS IS". SELLER MAKES NO EXPRESSED OR IMPLIED WARRANTIES WHATSOEVER WITH RESPECT TO SELLER PRODUCT. IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, THE PARTIES AGREE THAT THERE IS NO EXPRESSED OR IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY. SELLER SHALL NOT BE FOUND LIABLE FOR ANY MONETARY DAMAGES OF ANY KIND WHATESOEVER RELATED TO THE USE OF SELLER PRODUCTS, AND ANY AND ALL RISK OF SUCH USE IS HEREBY SPECIFICALLY ASSUMED BY RESELLER.
Warranty and Disclaimer of Warranty. 4.1 Licensor warrants that the Software Products, other than the data base portion of the Software Product covered by this Agreement, will, at the time of the Turnover, substantially conform to its functional description in Licensor's technical proposal. Licensee's sole remedy and Licensor's sole obligation shall be to deliver any amendments or alterations required to correct any such non-conforming Software which is found to be defective within a period of one (1) year after Turnover and which significantly affects its performance.
Warranty and Disclaimer of Warranty. Willxxxx xxxrants that On-Net Services shall be provided to SBCS in accordance with the applicable Technical Specifications set forth in Schedule B. Wxxxxxxx xxxll use all commercially reasonable efforts under the circumstances to remedy any delays, interruptions, omissions, mistakes, accidents or errors in the Services and restore such Services to comply with the terms hereof. THE FOREGOING WARRANTY, THE CREDITS, DELAY REMEDIES AND OTHER PROVISIONS OF THIS AGREEMENT FOR THE FAILURE TO COMPLY WITH THIS WARRANTY ARE THE EXCLUSIVE WARRANTY AND REMEDY PROVIDED TO SBCS FOR BREACH OF THIS WARRANTY AND ARE IN LIEU OF ALL OTHER WARRANTIES OR REMEDIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABLITY AND FITNESS FOR A PARTICULAR PURPOSE.
Warranty and Disclaimer of Warranty. Integritie shall perform its obligations in a professional manner in accordance with generally recognised commercial practices and standards and with reasonable skill and care and within a reasonable time and rate for such services. Except as specifically set forth herein all express or implied representations and warranties, including any implied warranty of satisfactory quality or fitness for a particular purpose are hereby disclaimed. Without limitation to the foregoing Integritie expressly does not warranty that the operation of the Customer’s business will be uninterrupted or that the software will be error free.
Warranty and Disclaimer of Warranty. Seller makes the express warranty as set forth below, solely to the original equipment manufacturer Buyer who purchased the Products directly from Seller, natural or corporate. The original equipment manufacturer Buyer shall not assume for Seller, by way of warranty, contract or otherwise, any obligations or liabilities in connection with resale, by any person, including the OEM, of any material delivered by Seller pursuant to the order made in connection herewith. The sole and exclusive obligation of Seller under this Warranty is to credit the account of the original equipment manufacturer Buyer for the amount of the purchase price that the original equipment manufacturer Buyer paid Seller for the Products or the component parts manufactured by Seller (the “Component Parts”), found upon inspection by Seller to be inoperative solely due to a defect in material or workmanship, and received by Seller within twenty (20) months from the date of manufacture if manufactured within the United States, or within twenty-four (24) months from the date of manufacture if manufactured outside the United States, as determined from the Product code plate/serial label. Condensing units must be returned with the compressor to qualify for Warranty disposition. The LIMITED WARRANTY contained herein is further limited as follows so that such obligations WILL NOT:
Warranty and Disclaimer of Warranty. Seller warrants that Services or Ancillary Service shall be provided to Customer in accordance with the technical parameters set forth in the applicable Service Schedule. Seller shall use commercially reasonable efforts under the circumstances to remedy any delays, interruptions, omissions, mistakes, accidents or errors in the Services or Ancillary Service and restore such Services or Ancillary Service to comply with the terms hereof. THE FOREGOING WARRANTY AND THE OUTAGE CREDITS REMEDY PROVIDED TO CUSTOMER AS SET FORTH IN THE APPLICABLE SERVICE SCHEDULE FOR THE FAILURE TO COMPLY WITH THIS WARRANTY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OR REMEDIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Warranty and Disclaimer of Warranty. Provider warrants that the Services will perform materially in accordance with the terms of this Service Attachment and that the functionality of the Services will not materially decrease from that available as of the Hosted Application Services Start Date (defined below). EXCEPT FOR THE EXPRESS WARRANTIES STATED ABOVE, PROVIDER DOES NOT WARRANT THAT THE SERVICES WILL BE UNITERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR THAT PROVIDER WILL CORRECT ALL SERVICE ERRORS, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE TEMPORARY LOSS OF YOUR PRIVACY, SERVICE AVAILABILITY, CONFIDENTIAL INFORMATION, OR PROPERTY. PROVIDER IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION, OR SECURITY OF THE SERVICES THAT ARISE FROM YOUR CONTENT, OR THE CONTENT OF THIRD-PARTIES OR SERVICES PROVIDED BY THIRD- PARTIES. PROVIDER SHALL HAVE NO OBLIGATION WITH RESPECT TO A WARRANTY CLAIM (i) IF NOTIFIED OF SUCH A CLAIM AFTER THE WARRANTY PERIOD OR (ii) IF THE CLAIM IS THE RESULT OF THIRD-PARTY HARDWARE OR SOFTWARE FAILURES, OR THE ACTIONS OF CLIENT OR A THIRD-PARTY. PROVIDER HAS NO OBLIGATION TO PROVIDE SECURITY OTHER THAN AS STATED IN THIS SERVICE ATTACHMENT. ADDITIONALLY, PROVIDER DOES NOT WARRANT THAT THE SERVICES SUPPLIED HEREUNDER SHALL BE FREE FROM ALL KNOWN TRANSMISSION OF “MALICIOUS CODE” OR SIMILAR OCCURRENCES, INCLUDING WITHOUT LIMITATION, DISABLING DEVICES, DROP DEAD DEVICES, TIME BOMBS, TRAP DOORS, TROJAN HORSES, WORMS, VIRUSES, HACKERS, PHISHERS, CRYPTO-LOCKERS, RANSOMWARE, SPYWARE AND SIMILAR MECHANISMS. PROVIDER WILL USE COMMERCIALLY REASONABLE EFFORTS TO CHECK FOR THE MOST COMMONLY KNOWN “MALICIOUS CODE” PRIOR TO PACKAGING SOFTWARE FOR THE SERVICES AND/OR FOR MAKING SUCH SOFTWARE AVAILABLE FOR DOWNLOADING BY OR ON BEHALF OF CLIENT. FOR ANY BREACH OF THE SERVICES WARRANTY, YOUR EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY SHALL BE THE CORRECTION OF THE DEFICIENT SERVICES THAT CAUSED THE BREACH OF WARRANTY, OR, IF PROVIDER CANNOT SUBSTANTIALLY CORRECT THE DEFICIENCY IN A COMMERCIALLY REASONABLE MANNER, YOU MAY END THE DEFICIENT SERVICES AND PROVIDER WILL REFUND TO YOU THE FEES FOR THE TERMINATED SERVICES THAT YOU PRE-PAID TO US FOR THE PERIOD FOLLOWING THE EFFECTIVE DATE OF TERMINATION. TO THE EXTENT NOT PROHIBITED BY LAW, CLIENT ACKNOWLEDGES THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS BY THE PROVIDER OR ANY THIR...
Warranty and Disclaimer of Warranty. Metricom offers no warranties, express or implied, regarding the accuracy, sufficiency or suitability of Ricochet, its software or other Ricochet materials provided to Subscriber. Subscriber has the sole responsibility for inspecting and testing all services to Subscriber's satisfaction before using them with important data. Metricom makes no warranties or representations whatsoever regarding any goods or services provided by any third parties pursuant to Subscriber's use of Ricochet and Metricom shall not be a party to such transactions or be liable for any costs or damages arising out of, either directly or indirectly, the actions or inactions of such third parties. RICOCHET IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO SUBSCRIBER. THIS WARRANTY GIVES SUBSCRIBER SPECIFIC LEGAL RIGHTS AND SUBSCRIBER MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Warranty and Disclaimer of Warranty. 17.1 FOR AP(S) DEVELOPED BY SOLUTION PROVIDER
Warranty and Disclaimer of Warranty. (a) During the term of this Agreement, the Software will function substantially in accordance with the Documentation. The Customer’s sole remedy for any failure to conform to this warranty will be as provided in Section 5 above.
