WARRANTY AND LIMITATION OF REMEDIES. Parts sold by IBM may be new or certified used parts, which carry the same warranty as a new part. Parts are warranted, for three months after delivery, to be free from defects in material and workmanship. IBM's obligation is limited to furnishing, on an exchange basis, replacements for parts that have been promptly reported by the customer as, in the customer's opinion, defective and are so found by IBM upon inspection. The replacement part assumes the warranty service status of the replaced item. THIS WARRANTY IS YOUR EXCLUSIVE WARRANTY AND REPLACES ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS FOR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THESE WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THAT PERIOD. In no event will IBM be liable for any lost profits, lost savings, incidental damages, or other economic consequential damages, even if IBM has been advised of the possibility of such damages, or for any claim against the customer by any other party. Some jurisdictions do not allow limitations of an implied warranty or the exclusion or limitation of consequential damages, so the above limitations or exclusions may not apply to the customer. This warranty gives the customer specific legal rights, and the customer may also have other rights that may vary from jurisdiction to jurisdiction. IBM's entire liability and the customer's exclusive remedy for damages, from any cause whatsoever, regardless of the form of action, whether in contract or tort including negligence, shall be limited to actual damages up to the greater of $25,000 USD or the purchase price contained in IBM's invoice(s) for parts purchased that caused the damages or that are the subject matter of, or are directly related to, the cause of action. This limitation of remedy does not apply to claims for bodily injury (including death) or damage to real property or tangible personal property for which IBM is legally liable.
WARRANTY AND LIMITATION OF REMEDIES. 16.1. AMS agrees to remedy any defect in the Products resulting from faulty materials or workmanship, as specified below. AMS's obligation set forth herein shall apply only to defects appearing within a period of [**] from the date of delivery of the A-2000 or similar product by the Distributor to the end user or [**] from the date of delivery of the A-2000 or similar product by AMS to the Distributor, whichever occurs first. MEDICAL PRODUCTS DISTRIBUTION AGREEMENT Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. AMS's obligation set forth herein shall apply only to defects appearing within a period of [**] from the date of manufacture of the Aspect BIS Sensor. AMS agrees to ship only such Aspect BIS Sensors that have a shelf life of at least [**]. AMS's obligation set forth herein shall apply only to defects appearing within a period of [**] from the date of delivery of the cables by the Distributor to the end user or [**] from the date of delivery of the cables by AMS to the Distributor, whichever occurs first. Any repaired or replaced A-2000 or similar product or Aspect BIS Sensor or part thereof shall be subject to such obligations for the greater of the remainder of the original period specified in this Section 16.1 or [**].
WARRANTY AND LIMITATION OF REMEDIES. 16.1. The Products listed on the attached Exhibits are covered by a 14-month written warranty starting from the date of delivery of the Products to Distributor (the "User Warranty"). Such Products shall be referred to as the "Warranty Products".
WARRANTY AND LIMITATION OF REMEDIES. Purchaser shall enjoy the same ----------------------------------- Limited Warranty, and the restrictions thereon, set forth in Section 17.1 of the Manufacturing Agreement. THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). Mentor shall not be liable to Purchaser, its agents or customers, for any indirect, collateral, special, incidental or consequential loss. Purchaser shall abide by the requirements of Section 17.2 of the Manufacturing Agreement regarding Notice of Warranty claims and remedies.
WARRANTY AND LIMITATION OF REMEDIES. 14.1. MANUFACTURER agrees to remedy any material defect in the Products or Accessories resulting from faulty design, materials or workmanship. MANUFACTURER's obligation set forth herein shall apply (i) to defects appearing and notified to MANUFACTURER within a period of [*] months from the date of invoice of the Product by MANUFACTURER to DISTRIBUTOR and (ii) to defects appearing and notified to MANUFACTURER within a period of [*] months from the date of invoice of the Accessory by MANUFACTURER to DISTRIBUTOR (the "USER WARRANTY"). Defects in a repaired or replaced Product or parts shall be covered to the extent of the unexpired term of the applicable warranty period or no less than [*] months after the repair or replacement, whichever occurs later. The Products, Accessories and repaired or replaced items shall be referred to as the "WARRANTY GOODS".
WARRANTY AND LIMITATION OF REMEDIES. Siemens warrants that for a period of 90 days following the date of shipment to Customer (the "Warranty Period") the Software will perform in all material respects in accordance with its associated documentation. Siemens' sole and exclusive liability, and Customer's sole and exclusive remedy, for a breach of this warranty will be that Siemens will provide Software Corrections as defined in, and pursuant to, clause 2 of Schedule C. However, if Siemens is unable to provide Software Corrections, as Customer's sole and exclusive remedy, Siemens will grant Customer a credit or refund, at Customer's option, for the Software involved and accept its return. Customer acknowledges and agrees that Software performance and response times are a function of Customer applications requirements and will be affected by, among other factors, the mix of concurrently running applications, any networking capability utilized by Customer on Customer's system and the amount of memory thereon. Siemens does not warrant that the Software will operate in conjunction with equipment, software or services that may be obtained by Customer outside this Agreement. The above warranties are subject to Customer complying with all its obligations hereunder in respect of the use of the Software and to no alterations having been made to the Software by any person other than Siemens.
WARRANTY AND LIMITATION OF REMEDIES. 5.1 APTI warrants each PRODUCT will be merchantable and will conform to the agreed upon product and packaging specifications for a period of one year from the date the PRODUCT is purchased by a user. Acceptance of delivery and inspection of any PRODUCTS by 3M will not waive any warranties made by APTI. APTI understands that 3M has relied upon al of these warranties in entering into this Agreement.
WARRANTY AND LIMITATION OF REMEDIES. 16.1. The Products listed on the attached Exhibits are covered by a [**] written warranty starting from the date of delivery of the Products to Distributor (the "User Warranty"). Such Products shall be referred to as the "Warranty Products".
WARRANTY AND LIMITATION OF REMEDIES. DISCLAIMER.
WARRANTY AND LIMITATION OF REMEDIES. 14.1 ALL PLP SOLD TO DISTRIBUTOR UNDER THIS AGREEMENT ARE WARRANTED BY THE COMPANY ONLY IN ACCORDANCE WITH THE WARRANTIES EXPRESSLY SET FORTH ON THE PACKAGING OR IN THE LABELING OR INSTRUCTIONS FOR USE OF SUCH PLP. SUCH WARRANTIES MAY BE MODIFIED FROM TIME TO TIME BY THE COMPANY DURING THE TERM OF THIS AGREEMENT. SUCH WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WHICH ARE HEREBY DISCLAIMED AND EXCLUDED BY THE COMPANY. DISTRIBUTOR ACKNOWLEDGES THAT THE COMPANY IS NOT THE MANUFACTURER OF SOME OR ALL OF THE PLP THAT THE COMPANY PROVIDES NO WARRANTIES, EXPRESS OR IMPLIED, BEYOND THE WARRANTIES PROVIDED BY THE MANUFACTURER OF ANY OF THE PLP. THE COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
