Warranty Liability. 4.1 UP42 warrants that it has sufficient ownership rights in the PRODUCT to make the PRODUCT available to the LICENSEE under the terms hereof.
Warranty Liability. 5.1. The commitments set out in Sections 2 and 4 above are Seller’s sole warranties in respect of the Product. ANY OTHER CONDITION OR WARRANTY AS TO THE QUALITY OF THE PRODUCT SUPPLIED UNDER THIS CONTRACT OR FITNESS FOR ANY PARTICULAR PURPOSE WHETHER ARISING UNDER STATUTE OR OTHERWISE, IS EXCLUDED.
Warranty Liability. 6.1 WACKER warrants solely that the PRODUCT delivered shall conform to the specifications set forth in Appendix A. Except for the warranty provided above, WACKER disclaims any and all other express or implied warranties with respect to the PRODUCT, and any warranty of merchantability or fitness for a particular purpose is expressly disclaimed.
Warranty Liability. 6.1 The Seller represents and warrants that: (i) the Goods shall comply with all specifications and requirements contained in the Order or agreed in writing between the Buyer and Seller; (ii) the Goods shall be state of the art and new; (iii) the Goods shall be fit for the particular purposes that such specific Goods will usually be expected to be used for; (iv) the Goods shall be free from defects in design, materials and workmanship; (v) the Goods shall satisfactorily comply with the performance requirements expected by the Buyer; and (vi) the Goods shall meet all applicable statutory requirements and standards, especially those relating to the environment, safety and health (individually “Warranty” and collectively the “Warranties”). Any representations or warranties relating to the Goods and included in the Seller's catalogues, brochures, proposals, sales literature and quality systems or otherwise made by the Seller to the Buyer (whether verbally or in writing) shall be binding on Seller. The Seller warrants the adequacy of the technical specifications of the Order to meet the specific needs of the Buyer, and the Seller acknowledges having examined those specifications thoroughly.
Warranty Liability. Schedule 3.24 contains a true and ------------------ complete description of (i) all warranties granted or made with respect to services rendered or products sold by the Company, and (ii) the Company's aggregate liability related to such warranties for each of the last three years.
Warranty Liability. DyeMansion does not warrant that operation of the Solution will be uninterrupted or error-free. DyeMansion will, however, during the Term resolve errors, problems or non-conformities of the Solution which are imputable to DyeMansion to keep the Solution operational in accordance with the service levels set forth in the Specifications Documents and License Terms. THE FOREGOING REMEDIES ARE EXCLUSIVE AND OTHERWISE THE SOLUTION AND ALL OTHER SERVICES OR DELIVERABLES ARE PROVIDED HEREUNDER “AS IS”, AND ANY FURTHER REPRESENTATIONS, GUARANTEES, OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, AS WELL AS ALL REMEDIES OF SIMILAR EFFECT, ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN NO EVENT SHALL DYEMANSION BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, A LOSS OF PROFIT, LOSS OF ORDERS, LOSS OF ASSUMED SAVINGS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL) ARISING OUT OF, OR IN CONNECTION WITH, THE CONTRACT, THE SOLUTION, OR ANY RELATED DYEMANSION DELIVERABLE OR SERVICE, WHETHER OR NOT DYEMANSION WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. DYEMANSION’S LIABILITY IN CONNECTION WITH THE CONTRACT, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, SHALL FURTHER BE SUBJECT TO AN AGGREGATE LIABILITY CAP FOR ALL BREACHES OCCURRING DURING A CONTRACT YEAR EQUIVALENT TO THE LOWER OF (A) 100% OF CHARGES PAID AND NOT REPAID UNDER THE CONTRACT DURING SUCH CONTRACT YEAR. THE FOREGOING SHALL NOT LIMIT A PARTY’S STATUTORY LIABILITY FOR WILLFUL MISCONDUCT OF ITS OFFICERS. IP and Analysis DyeMansion and its licensors reserve all intellectual property rights in and to the Solution and all deliverables as well as any other development or discovery DyeMansion may make in connection with consummation of the Contract. DyeMansion shall be entitled to analyze, with respect to the Solution, as well as any other deliverables and/or services of DyeMansion pursuant to the Contract, (a) the Customer’s feedback, (b) the Customer's usage, and (c) any data transmitted or generated by the Customer in connection with such usage, and to use the result of such analysis for the improvement and/or (further) development of its own products or services (e.g. by training AI algorithms), if and to the extent such use doe...
Warranty Liability. The Seller warrants that the Goods are in accordance with the specifications and requirements agreed upon, that they are state-of- the- art and fit for the specific intended purpose the Buyer has in mind for them, that they are free from defects, that they will strictly perform as the Buyer expects and requires, and that they comply with all relevant legal obligations and standards in force. +000 000 0000 +000 000 000 00 xxx.xxxxxxxx.xxx Xxxxx xxx 0-000 Xxxxxxx, 00000 Xxxxxxx Estonian Commerce Register # 14299161 The Seller is contractually bound by each and every statement or warranty to be found in his catalogues, leaflets, sales documents and quality systems. The Seller warrants that the Goods will perform as expected for two years as from their commissioning. All complaints filed under this warranty shall place the warranty period on hold until such time as the Seller shall have fixed the defect and the warranty period shall be extended by as much. Throughout the duration of cover, the Buyer shall notify the Seller in writing of any defect or malfunction found in the Goods and the Seller shall, without delay, either repair or replace the Goods. At its discretion, the Buyer may also terminate the Order by notifying the Seller in writing, or accept the Goods as they are in return for a suitable price-cut. If the Seller fails to fulfil his obligation to repair or replace, the buyer may, at his sole discretion, choose to replace or have the aforementioned Goods repaired by another supplier and shall demand refund to the Seller of all expenses incurred by the buyer in so doing. All repaired or replaced Goods shall be subject to the provisions of this article and the aforementioned warranty period shall be back in effect fully as from the date of the said delivery or repair. The Seller shall be liable for all direct, indirect, incidentals, consequential and special losses or damages, including loss of opportunity, the Buyer suffered as a result of late deliveries, defects found in the Goods, or any other way in which the Seller failed to process the order. The Seller acknowledges that the aforementioned guarantees are in addition to legal ones and the guarantees the Seller expressly granted, others than the ones set forth in this document, as well as to any other guarantee, whether affirmative or implied, as may apply to the Order in question. These guarantees shall remain valid notwithstanding any inspection, testing, acceptance or payment on the part of th...
Warranty Liability. 8.1 In supplying any information or materials to any of the other Parties each Party undertakes to use all reasonable endeavours to ensure the accuracy thereof and (in the event of any error therein) promptly on being notified to correct the same, but the supplying Party shall be under no further obligation or liability in respect of the same, and no warranty condition or representation of any kind is made, given or to be implied in any case as to the sufficiency, accuracy of fitness for purpose of such information or materials, or the absence of any infringement of statutory monopoly or intellectual property rights of third parties by the use of such information and materials, and the recipient Party shall in any case be entirely responsible for the use to which it puts such information and materials.
Warranty Liability. 4.1 AIRBUS DS warrants that it has sufficient ownership rights in the PRODUCT to make the PRODUCT available to the LICENSEE under the terms hereof.
Warranty Liability. The Seller’s liability shall be limited to honoring the Seller’s published manufacturer’s warranty only with respect to defective goods, provide the Buyer provides written notice within the warranty period.
