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). COMPANY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE CONTENT OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. COMPANY’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE CONTENT (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF THE LICENSE PAID BY THE LICENSEE FOR THE CONTENT. THE REPRESENTATIONS AND WARRANTIES MADE BY COMPANY IN THIS AGREEMENT APPLY ONLY TO THE CONTENT AS DELIVERED BY COMPANY AND WILL BE INVALID IF THE CONTENT IS USED BY LICENSEE IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT OR IF LICENSEE IS OTHERWISE IN BREACH OF THIS AGREEMENT. YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.
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. 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. A. We warrant that the Professional Services will be performed in a professional and workmanlike manner, in accordance with generally accepted industry standards.
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. MSA warrants that the sensors furnished under this agreement are free from mechanical defects or faulty workmanship for their full duration of use in MSA’s Sensor X-Change Program, the time period of which is set forth on the cover page of this agreement; provided however that the sensor(s) have been installed and maintained in accordance with MSA's instructions and/or recommendations contained in the instruction book delivered with the gas detection equipment. MSA shall be released from all obligations under this warranty in the event repairs or modifications are made by persons other than its own or authorized service personnel unless such repairs by others are made with the written consent of MSA. No agent, employee or representative of MSA has any authority to bind MSA to any affirmation, representation or warranty concerning the goods delivered under this agreement, and unless an affirmation, representation or warranty made by an agent, employee or representative is specifically included within this written agreement it shall not be enforceable by Customer. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AND IS STRICTLY LIMITED TO THE TERMS HEREOF. MSA SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE.
Warranty and Disclaimers. THE COUNTY GIVES NO EXPRESSED OR IMPLIED WARRANTIES, REPRESENTATIONS, OR CONDITIONS OF ANY KIND, WITH RESPECT TO THE GIS DATA, THE GIS DATA’S CONTENT, ACCURACY, CURRENCY OR COMPLETENESS, OR CONCERNING THE RESULTS TO BE OBTAINED FROM QUERIES OR USE OF THE GIS DATA, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. ALL GIS DATA IS EXPRESSLY PROVIDED AS IS AND WITH ALL FAULTS. THE LICENSEE IS RESPONSIBLE FOR ENSURING THE ACCURACY, CURRENCY AND OTHER QUALITIES OF ALL PRODUCTS (INCLUDING MAPS, REPORTS, DISPLAYS AND ANALYSIS) PRODUCED FROM OR IN CONNECTION WITH THE GIS DATA. THE LICENSEE SHALL HAVE NO REMEDY AGAINST THE COUNTY IF THE DATA PROVIDED IS DEFECTIVE IN ANY WAY. THIS SECTION SURVIVES THE TERMINATION OF THIS AGREEMENT.
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. A. Consultant warrants that the Professional Services will be performed in a professional and workmanlike manner, in accordance with generally accepted industry standards.
Warranty and Disclaimers a. Palo Alto Networks Warranty. Palo Alto Networks warrants that the Services performed under this PSA shall be performed by competent personnel in a professional manner pursuant to industry standards.
