Warranty on Products Sample Clauses

Warranty on Products. 8.1 FUNK warrants that the Products will conform to the specifications, drawings, or other descriptions which are provided by CLARX xx FUNK identified in Exhibit 5, attached and incorporated by reference herein, and will be of good material and workmanship, and free from defects. For purposes of this Agreement, any failure of a Product to be as warranted is referred to as a "Defect." The warranty in this Section 8 extends to the future performance of the Products in CLARX xxxducts into which the Products are incorporated. CLARX xxx FUNK xxxee that CLARX xxx, at any time hereafter, revise or otherwise modify the aforesaid specifications identified in Exhibit 5. CLARX xxxll be responsible for all the costs of such modifications.
Sample 1
AutoNDA by SimpleDocs
Warranty on Products. Droople warrants to Customer that any Products manufactured by Droople that are sold to Customer shall be free from Major Defects in Product and workmanship as may be required for normal use for a warranty period of 2 years following the Delivery of such Products. Droople’s sole liability under the warranty on the Products shall be, at Droople’s option, to either (i) replace or repair the defective Product(s) or (ii) refund or credit the Fee(s) to Customer. This Section 7.4 sets forth Customer’s exclusive remedy for a Defect and is subject to timely notice in accordance with Section 7.3. Any oral or written statement concerning the Products inconsistent with the limited warranty set forth herein or in the relevant Agreement shall be of no force or effect. This warranty covers Products exclusively and is contingent on Customer’s payment in full of the applicable Fees.
Sample 1
Warranty on Products. Company warrants that the Products will operate substantially in accordance with Company's documentation. Purchaser must make any claim by Purchaser that a Product is defective within the Inspection Period as hereinbefore provided. Company's sole obligation in this regard will be to use reasonable efforts to, at its option and at its own expense, correct or replace any error which Company can recreate which significantly affects performance in accordance with the documentation, provided the error is not caused in whole or in part by (i) any defect in or failure to function in accordance with applicable manufacturer's specifications of any or any portion of Purchaser's or any person's hardware, firmware, peripheral equipment, communication device, application, program or other software or equipment used in connection with the Products, (ii) any modification made to the Products by anyone other than Company, (iii) the failure of Purchaser or any person to follow the most current instructions promulgated by Company, from time to time, with respect to the proper use of the Products, (iv) the negligence of Purchaser or any person, or (v) any cause within the control of Purchaser or Purchaser's Customer. Purchaser will provide and will ensure that Purchaser's Customer provides Company with its full cooperation in a timely manner to allow Company to fulfill its obligations under this section. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, REPRESENTATIONS AND CONDITIONS, WRITTEN, ORAL, EXPRESS OR IMPLIED, IN FACT OR IN LAW INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, REPRESENTATIONS OR CONDITIONS CONCERNING DESIGN, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR OR A GENERAL PURPOSE ALL OF WHICH ARE, TO THE EXTENT PERMISSIBLE BY LAW, HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL LOSSES, EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH LOSSES.
Sample 1
Warranty on Products. PIC represents and warrants that all Products including all parts, components and materials incorporated therein, will be ***. All Products will be produced in accordance with and will conform to the Product Specifications.
Sample 1
Warranty on Products. 6.1 Within thirty (30) days of invoice date or prior to shipment of a Product from Buyer's location to a dealer or customer, whichever comes first, Buyer may notify Seller's designated representative of substantial defects in such Products. Subject to the written approval of Seller's designated representative, Seller will make arrangements for corrections to such Products which Seller deems appropriate at Seller's expense. The above warranty is in lieu of all other warranties for Products or Parts, express or implied, and states Seller's entire obligation with respect to defects or nonconformities in Products or Parts. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. Seller shall not be liable for incidental, special or consequential damages for this warranty or any other reason whatsoever.
Sample 1
Warranty on Products. A. Accord warrants to PictureTel that, for a period of 12 months from the date of installation or 15 months from the Ship Date of Product shipment to PictureTel, whichever is shorter (the "Warranty Period"), the hardware (i) shall be free from defects in material and workmanship, (ii) are free of all liens and encumbrances, and (iii) conform to Accord's published applicable specifications, drawings, samples, and descriptions. Software Products (i) shall be free from defects in material and workmanship, (ii) are free of all liens and encumbrances, and (iii) conform to Accord's published applicable specifications, drawings, samples, and descriptions for a period of ninety (90) days from acceptance. Accord also warrants that for ninety (90) days from the date of acceptance, all hardware, software and documentation that is held in stock at the PictureTel stocking center that is not at the current shipping levels shall be upgraded by the Accord to the current shipping revision at no cost to PictureTel. Accord further warrants that it has the right to convey the Products. These warranties shall survive any inspection, delivery, payment, or termination of this Agreement. Within thirty (30) days of the Effective Date the parties will agree on an acceptable installation notification procedure.
Sample 1
Warranty on Products 
Sample 1Sample 2
AutoNDA by SimpleDocs

Related to Warranty on Products

  • Product Warranty; Product Liability (a) Except as set forth on Company Disclosure Schedule 4.23, the products produced, sold or delivered by the Company in conducting the Business have been in all material respects in conformity with all product specifications and all applicable Laws. To the Company’s Knowledge, the Company has no material Liability for damages in connection therewith or any other customer or product obligations not reserved against on the Balance Sheet.

  • Product Warranty and Product Liability Schedule 5.17 of the Disclosure Schedule contains a true, correct and complete copy of Company's standard warranty or warranties for sales of Products (as defined below) and, except as stated therein, there are no warranties, commitments or obligations with respect to the return, repair or replacement of Products. Schedule 5.17 of the Disclosure Schedule contains a description of all product liability claims and similar claims, actions, litigation and other proceedings relating to Products which are presently pending or which to Company's knowledge are threatened, or which have been asserted or commenced against Company within the last two (2) years, in which a party thereto either requests injunctive relief (whether temporary or permanent) or alleges damages in excess of $100,000.00 (whether or not covered by insurance). To the best of the Company's knowledge, there are no defects in design, construction or manufacture of Products which would adversely affect performance or create an unusual risk of injury to persons or property. Except as set forth on Schedule 5.17, none of the Products has been the subject of any replacement, field fix, retrofit, modification or recall campaign other than in the ordinary course of business. The Products have been designed and manufactured so as to meet and comply with all governmental standards and specifications currently in effect, and have received all governmental approvals necessary to allow their sale and use. As used herein, the term "Products" means any and all products currently or at any time previously manufactured, distributed or sold by Company, or by any predecessor of Company under any brand name or xxxx under which products are or have been manufactured over the last three (3) years, distributed or sold by Company, in or through the Business.

  • Manufacturer’s Warranties If a Lease Vehicle is covered by a Manufacturer’s warranty, the Lessee, during the Vehicle Term for such Lease Vehicle, shall have the right to make any claims under such warranty that the Lessor could make.

  • Product Warranty Seller provides general warranties of fitness and general warranties that the goods are free from defects, for 1 year from acceptance of the goods, except as may otherwise be set forth in the Description/Proposal, or other attached warranty.

  • Product ACCEPTANCE Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User(s) shall have thirty (30) days from the date of delivery to accept hardware products and sixty (60) days from the date of delivery to accept all other Product. Where the Contractor is responsible for installation, acceptance shall be from completion of installation. Failure to provide notice of acceptance or rejection or a deficiency statement to the Contractor by the end of the period provided for under this clause constitutes acceptance by the Authorized User(s) as of the expiration of that period. The License Term shall be extended by the time periods allowed for trial use, testing and acceptance unless the Commissioner or Authorized User agrees to accept the Product at completion of trial use. Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User shall have the option to run testing on the Product prior to acceptance, such tests and data sets to be specified by User. Where using its own data or tests, Authorized User must have the tests or representative set of data available upon delivery. This demonstration will take the form of a documented installation test, capable of observation by the Authorized User, and shall be made part of the Contractor’s standard documentation. The test data shall remain accessible to the Authorized User after completion of the test. In the event that the documented installation test cannot be completed successfully within the specified acceptance period, and the Contractor or Product is responsible for the delay, Authorized User shall have the option to cancel the order in whole or in part, or to extend the testing period for an additional thirty (30) day increment. Authorized User shall notify Contractor of acceptance upon successful completion of the documented installation test. Such cancellation shall not give rise to any cause of action against the Authorized User for damages, loss of profits, expenses, or other remuneration of any kind. If the Authorized User elects to provide a deficiency statement specifying how the Product fails to meet the specifications within the testing period, Contractor shall have thirty (30) days to correct the deficiency, and the Authorized User shall have an additional sixty (60) days to evaluate the Product as provided herein. If the Product does not meet the specifications at the end of the extended testing period, Authorized User, upon prior written notice to Contractor, may then reject the Product and return all defective Product to Contractor, and Contractor shall refund any monies paid by the Authorized User to Contractor therefor. Costs and liabilities associated with a failure of the Product to perform in accordance with the functionality tests or product specifications during the acceptance period shall be borne fully by Contractor to the extent that said costs or liabilities shall not have been caused by negligent or willful acts or omissions of the Authorized User’s agents or employees. Said costs shall be limited to the amounts set forth in the Limitation of Liability Clause for any liability for costs incurred at the direction or recommendation of Contractor.

  • New Products You agree to comply with NASD Notice to Members 5-26 recommending best practices for reviewing new products.

  • Licensed Products Lessee will obtain no title to Licensed Products which will at all times remain the property of the owner of the Licensed Products. A license from the owner may be required and it is Lessee's responsibility to obtain any required license before the use of the Licensed Products. Lessee agrees to treat the Licensed Products as confidential information of the owner, to observe all copyright restrictions, and not to reproduce or sell the Licensed Products.

  • Product Warranties Except as set forth in Schedule 3.15, (a) there are no warranties express or implied, written or oral, with respect to the Business and (b) there are no pending or threatened claims with respect to any such warranty, and Seller has no liability with respect to any such warranty, whether known or unknown, absolute, accrued, contingent or otherwise and whether due or to become due.

  • Products Products available under this Contract are limited to Software, including Software as a Service, products and related products as specified in Appendix C, Pricing Index. Vendor may incorporate changes to their product offering; however, any changes must be within the scope of products awarded based on the posting described in Section 1.B above. Vendor may not add a manufacturer’s product line which was not included in the Vendor’s response to the solicitation described in Section 1.B above.

  • Additional Products Upon satisfying the minimum order requirements above, Enrolled Affiliate may order Additional Products.

Time is Money Join Law Insider Premium to draft better contracts faster.