Warranty and Disclaimers Sample Clauses
The "Warranty and Disclaimers" clause defines the assurances, if any, that a party makes regarding the quality, performance, or condition of goods or services provided under the agreement, as well as the limitations or exclusions of such assurances. Typically, this clause will specify whether products or services are provided "as is," outline any express warranties, and clarify that certain implied warranties (such as merchantability or fitness for a particular purpose) are excluded. Its core practical function is to allocate risk between the parties by clearly stating what is and is not guaranteed, thereby reducing the likelihood of disputes over unmet expectations or product failures.
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Warranty and Disclaimers. AMGAS warrants to Customer that during the Warranty Period (as defined below), the Equipment will be free from material defects in parts and workmanship (the "Warranty"). The Warranty is subject to the proper use, operation, and maintenance of the Equipment in accordance with the Operating Manual. The Warranty shall not apply to material defects caused or as a result of: accident, misuse, misapplication, abuse, storage, damage, negligence, or modification of or to the Equipment or any of its components; tampering, modification, adjustment or repair of the Equipment by any person other than AMGAS or as described in the Operations Manual; installation of any accessories onto, or replacement of any parts forming part of, the Equipment; or acts or events beyond AMGAS’ reasonable control, including acts of God, civil or military authority, civil disturbance, or power line/transmission line voltage. A claim under the Warranty must be made by Customer in writing to AMGAS within thirty (30) days of the manifestation of a material defect with the Equipment giving rise to such Warranty claim. AMGAS’ sole obligation under the Warranty is, at AMGAS’ option, to repair, replace or correct any such material defect that was present at the time of delivery, or to remove, or have removed, the Equipment and to refund the Purchase Price to Customer. The "Warranty Period" begins on the date the Equipment is delivered to Customer and continues for twelve (12) months. Any repairs under this Warranty must be conducted by an authorized AMGAS service representative. AMGAS does not authorize any person or party to assume or create for it, or extend, enlarge, or transfer, any other obligation or liability in connection with the Equipment except as set forth herein. THE INDEMNITY AND WARRANTY IN THIS SECTION 10 ARE THE EXCLUSIVE WARRANTIES PROVIDED IN RESPECT OF THE EQUIPMENT AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, AMGAS HEREBY EXPRESSLY DISCLAIMS AND EXCLUDES ALL OTHER ALL OTHER WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, AND WHETHER ARISING BY STATUTE, COURSE OF DEALING OR USAGE OF TRADE, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTY WITH RESPECT TO THE FUNCTION, DURABILITY, COMPATIBILITY, OR OPERATION OR USE OF THE EQUIPMENT, AND ANY WARRANTY THAT THE EQUIPMENT WILL MEET CUSTOMER’S REQUIREMENTS.
Warranty and Disclaimers. UNLESS OTHERWISE DISALLOWED BY LAW, SOCKET MOBILE SOFTWARE IS PROVIDED “AS IS”, WITH ALL FAULTS, WITHOUT TRAINING, MAINTENANCE, OR SERVICE OBLIGATIONS WHATSOEVER, AND WITHOUT WARRANTY OF ANY KIND. TO THE EXTENT PERMITTED BY APPLICABLE LAW, SOCKET MOBILE HERBY DISCLAIMS ALL WARRANTIES, CONDITIONS, REPRESENTATIONS, OR TERMS OF ANY KIND WITH RESPECT TO SOCKET MOBILE SOFTWARE OR ANY COMPONENT THEREOF, EITHER EXPRESS, IMPLIED, OR STATUORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TIMELINESS, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, NON- INTERFERENCE, WHETHER IMPOSED BY LAW, CONTRACT, STATUTE, OR AS A RESULT OF A COURSE OF DEALING, CUSTOM, USAGE, OR OTHERWISE.. SOCKET MOBILE DOES NOT WARRANT THAT SOCKET MOBILE SOFTWARE WILL MEET YOUR REQUIREMENTS OR YOUR NEEDS; SOCKET MOBILE SOFTWARE IS OR WILL BE ERROR OR DEFECT FREE, FREE OF VIRUSES, CONTAMINATION, OR DESTRUCTIVE FEATURES, ACCURATE, OR COMPLETE; SOCKET MOBILE SOFTWARE WILL BE ACCESSIBLE PERMANENTLY OR UNINTERRUPTED; USE OF SOCKET MOBILE SOFTWARE WILL NOT CAUSE DATA LOSS; ANY OR ALL ERRORS, DEFECTS, OR NONCONFORMITIES WILL BE CORRECTED; AND THE PERFORMANCE OR RESULT YOU MAY OBTAIN USING SOCKET MOBILE SOFTWARE. NO SUCH WARRANTY IS IMPLIED FROM ANY DESCRIPTION OF SOCKET MOBILE SOFTWARE, ANY AVAILABLE DOCUMENTATION, ANY ORAL OR WRITTEN COMMUNICATION, OR ANY OTHER COMMUNICATION OR ADVERTISEMENT. YOU EXPRESSLY AGREE THAT USE OF SOCKET MOBILE SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO THE SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT OF SOCKET MOBILE SOFTWARE IS WITH YOU. Socket Mobile is under no obligation to indemnify, hold harmless, and defend You and Your successors, and assigns, and their directors, officers, employees, independent contractors and agents from any and all claims, causes of actions, lawsuits, proceedings, or any other actions, whether imposed by contract, law, statute, as a result of a course of dealing, custom, usage, or otherwise for any liabilities, damages, or losses (“Damages/Losses”). Damages/Loss shall mean any liabilities, damages or losses that include but are not limited to direct, indirect, incidental, special, consequential, or exemplary damages resulting from loss of profits, savings, income, business opportunity, or goodwill, loss of data, personal injury, property damage, environmental damage, expenses, costs, attorneys’ fees, court and other costs and expenses. All w...
Warranty and Disclaimers. COMPANY warrants that: (i) it has all necessary rights and authority to enter into and perform this Agreement; and (ii) the Content will be free from defects in material and workmanship for 30 days from delivery (Licensee's sole and exclusive remedy for a breach of this warranty being the replacement of the Content).
Warranty and Disclaimers. Begell House, Inc. warrants that it has the power to enter into this License and the right and authority to grant the rights conferred herein to the Subscriber. THE BEGELL DIGITAL LIBRARY ONLINE SERVICE, THE ONLINE JOURNALS, AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS. ACCESS TO THE BEGELL DIGITAL LIBRARY ONLINE SERVICE AND THE ONLINE JOURNALS MAY BE INTERRUPTED AND MAY NOT BE ERROR FREE. THE USE OF THE BEGELL DIGITAL LIBRARY ONLINE SERVICE, THE ONLINE JOURNALS, AND ALL MATERIALS CONTAINED THEREIN IS AT THE USER’S OWN RISK. Except as provided above, BEGELL HOUSE, INC. MAKES NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, AVAILABILITY, PERFORMANCE, OR ACCURACY; AND BEGELL HOUSE, INC. EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, NONINFRINGEMENT, AND/OR FITNESS FOR A PARTICULAR PURPOSE.
Warranty and Disclaimers. 7.1. Wiley represents and warrants that it has the right and authority to make the Licensed Electronic Products available to the Customer and its Authorized Users pursuant to the terms and conditions of this Agreement and that, to the best of Wiley's knowledge, the Licensed Electronic Products do not infringe upon any copyright, patent, trade secret or other proprietary right of any third party.
7.2. Wiley Online Library or the Electronic Products may provide Authorized Users with links to third-party websites. Where such links exist, Wiley disclaims all responsibility and liability for the content of such third-party websites. Authorized Users assume sole responsibility for accessing third-party websites and the use of any content on such websites.
7.3. Except for the warranties provided by Wiley in Section 8.1 above,
7.3.▇. ▇▇▇▇▇ ONLINE LIBRARY, THE ELECTRONIC PRODUCTS, AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
7.3.b. THE USE OF THE ELECTRONIC PRODUCTS, WILEY ONLINE LIBRARY, AND ALL MATERIALS IS AT THE AUTHORIZED USER’S OWN RISK.
7.3.c. ACCESS TO WILEY ONLINE LIBRARY, AND THE ELECTRONIC PRODUCTS MAY BE INTERRUPTED AND MAY NOT BE ERROR FREE.
7.3.d. NEITHER WILEY NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING WILEY ONLINE LIBRARY, THE ELECTRONIC PRODUCTS, OR THE MATERIALS CONTAINED IN THEREIN, WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE AUTHORIZED USER’S USE OF OR INABILITY TO USE WILEY ONLINE LIBRARY, THE ELECTRONIC PRODUCTS AND ALL MATERIALS CONTAINED THEREIN.
7.4. Wiley will indemnify and hold the Customer harmless from and against any damages, costs and fees (including reasonable attorney’s fees) resulting from any judgment against the Customer arising out of the claim of a third party that Wiley’s license of the Licensed Electronic Products or the Customer’s use thereof as expressly permitted under this Agreement constitutes an infringement of any copyright, patent, or trade secret of any such third party. This indemnity will survive termination of the Agreement for two years. This indemnity will not apply if the claim involves content which has been modified or used in a manner not permitted under this Agreement or if the Customer has failed to comply w...
Warranty and Disclaimers. Customer warrants that it has the right to provide any Data which it submits to viaLink pursuant to this Agreement and that all such Data shall be accurate. Subject to Customer's satisfaction of the requirements of this Agreement, viaLink will make the Services available during this Agreement. THE FOREGOING WARRANTY IS EXCLUSIVE. VIALINK DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Further, viaLink does not warrant (i) that the availability of the Services will be uninterrupted or without delays, (ii) that the Services or Data provided thereby will be error free, (iii) that Data provided by others via the Services will be accurate, (iv) against any Data discrepancies attributable to Customer's failure to access the then current Data in a timely manner or to Customer's errors in handling or using such Data or (v) that others who have provided Data via the Services have the rights to make such Data or any portion thereof available to Customer. Notwithstanding anything to the contrary in this Agreement, viaLink expressly disclaims and makes no warranty or representation regarding the capability or function of any third party product or service used by Customer or at Customer's direction to connect or exchange information with the Services, and viaLink shall not have any liability whatsoever regarding the same. Any alleged breach of warranty by viaLink must be reported by Customer to viaLink in writing or by e-mail within forty-eight (48) hours of performance of the Services.
Warranty and Disclaimers. If applicable, Licensee represents that it has the authority to act on behalf of the Participating Institutions in entering into this Agreement. AIPP represents and warrants that it is authorized to grant Licensee, the Participating Institutions (if applicable), and its/their Authorized Users the rights granted herein. Except as set forth in the preceding sentence, the Platform and the Licensed Content are provided on an “as-is” and “as-available” basis. AIPP makes no warranty or representation of any kind with respect to the Licensed Content or the Platform, express or implied, including its quality, originality, availability, accessibility, accuracy, performance, non-infringement, merchantability or fitness for a particular purpose, or that access to the Platform and the Licensed Content will achieve a particular result, or such access will be uninterrupted or error-free.
Warranty and Disclaimers. 10.1 The Supplier warrants that the Deliverables shall, on delivery to the Customer, (i) conform with the requirements specified in the Agreement; and (ii) accurately reflect the results arising from performance of the Services.
10.2 If the Customer becomes aware or reasonably believes that the performance of any Services and/or any Deliverables supplied by the Supplier fail to conform with the Agreement, it shall notify the Supplier in writing promptly and, in any event, within twenty four (24) hours following performance or delivery of the same and the following terms shall apply:
10.2.1 the Customer shall provide reasonable assistance and cooperation to enable the Supplier to inspect the relevant Services or Deliverables, including by giving the Supplier the ability to inspect any affected Instruments and Deliverables;
10.2.2 if the Supplier agrees with the Customer’s assessment, it shall promptly re-perform the non-conforming Services and/or rectify and redeliver the non-conforming Deliverables or, if it is not reasonably able to do so, it may opt to refund the Charges paid in respect of the affected Services or Deliverables, and the Supplier’s compliance with this clause 10.2.2 shall be the Customer’s sole and exclusive remedy in respect of the non-conformance; and
10.2.3 the non-conformance of any Services and Deliverables shall not entitle the Customer to cancel or reject any other Services or Deliverables.
10.3 If the Supplier repairs or replaces any part of an Instrument, a limited warranty against any material defects shall apply to the repaired or replaced parts only for a period of one (1) month from the date of the repair or replacement (Warranty Period). Warranties on certain parts may vary due to their original manufacturers’ warranty conditions, in which case the Supplier will specify the applicable warranty period for those parts on its invoice or other documentation issued to the Customer. This warranty does not guarantee the proper operation or conformance of the Instrument as a whole and the Supplier does not warrant, undertake or represent that any repair or replacement of part(s) shall enable the Instrument to perform in accordance with its specification.
10.4 If any repaired or replacement part fails during the Warranty Period, the Customer agrees to promptly notify the Supplier in writing and the Supplier shall carry out any necessary further repair or replacement at no additional cost, although the Customer is responsible for the c...
Warranty and Disclaimers. (a) Magento warrants for a single period of ninety (90) days commencing upon the execution of the initial Order Form that the Software, as delivered, will substantially perform in accordance with the specifications contained in the Documentation provided with the Software. In the event that the Software fails to comply with the foregoing warranty, Customer shall send written notice to Magento prior to the expiration of the warranty period and such notice will describe in reasonable detail the nature of the nonconformance. Magento will undertake commercially reasonable efforts to correct such nonconformance. The foregoing states Magento’s sole and exclusive obligation and Customer’s sole and exclusive remedy for a breach of the warranty set forth in this Section 10 (a).
(b) Magento warrants that it has the legal authority to grant the licenses set forth in this Agreement. Magento further warrants that to the best of its knowledge, the Software as initially delivered to Customer is free of viruses, “Trojan horses”, worms and other harmful components, provided however, that Customer’s sole and exclusive remedy for Magento’s breach of the foregoing warranty is that Magento will use commercially reasonable efforts to correct the nonconformance.
(c) EXCEPT AS SET FORTH IN SECTION 10 (a)-(b), THE SOFTWARE IS PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, MAGENTO, ITS AFFILIATES AND ITS LICENSORS MAKE NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE SOFTWARE, AND DISCLAIM ALL OTHER WARRANTIES, INCLUDING ANY IMPLIED OR EXPRESS WARRANTIES (A) OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, OR QUIET ENJOYMENT, (B) ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE, AND (C) THAT THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE.
Warranty and Disclaimers a. Nutraid shall make reasonable efforts to upkeep and maintain a level of service that is consistent with prevailing industry standards subject to minor errors and interruptions. Services may from time to time be interrupted by the need for program maintenance, updates and improvements or due to circumstances beyond the control of Nutraid. Nutraid shall make reasonable efforts to notify Customers in advance of such actions.
b. Nutraid draws nutrition information from various reliable data sources including the database provided by UK Food Standards Agencies, approved industry standard database namely ▇▇▇▇▇▇▇ and ▇▇▇▇▇▇▇▇▇ and the United States Department of Agriculture (USDA), in addition to Nutraid’s additional entries. Nutraid also draws data from other worldwide data sources and from specialist products produced by third parties. Nutraid accepts no responsibility for the accuracy of any data in its database. . Nutraid takes data from an ingredient created by the Customer at ‘face value’ and will include the data into the calculation of recipes of the Customer.
c. The Customers must use their own skills when using the software and checking its accuracy, Nutraid accepts no liability for the results derived from the Customer’s entries onto the service.
d. No warranty is given by Nutraid to the Customer that the Services or any component thereof is free of error or that the Services meet any of Customer's specific requirements.
e. Nutraid does not hold itself out as an expert in any particular circumstance. Advice provided by Nutraid may not be current and may not be relied upon. The Customer is expressly advised to obtain appropriate expert advice relevant to the Customer’s particular circumstances
f. Nutraid makes no warranty that the results generated by the Services will be free from error. Before relying on the results generated by the Services in any circumstance, the Customers should evaluate for themselves the accuracy, completeness and relevance of the results for its purposes.
g. The Customer agrees by signing these terms and conditions that they understand that food composition data is derived from an average of nutrient values from samples. The nutrient composition of foods and ingredients can vary substantially over different batches and Nutraid cannot give any warranty and give no warranty in respect of the accuracy of the information provided and that there are numerous factors including difference in brands and products, seasonal changes, p...