Warranty and Exclusions. If you paid a charge for the IBM SaaS then the Section 17 Warranty and Exclusions is replaced in its entirety by the following:
Warranty and Exclusions. The Contractor guarantees conformity of the Products and Work(s), for which he shall remedy any defect or lack of conformity (hereinafter “defect(s)”) of the Products or deficiencies in the execution of Work(s). In case of resale, the guarantee shall be the one set out by the Product manufacturer. The Client submits to deadlines and formalities established in the Spanish commercial legislation for the purchase and sale, and therefore: a) Claims on the supplied quantity of Products must be made at the time of delivery and recorded on the delivery note, and the Contractor shall not accept claims made subsequently; b) Product defects or flaws that may be appreciated through a proper examination at the time of delivery, must be notified at the time of delivery; c) internal defects or flaws not visible to the naked eye and discovered subsequently shall be notified within a maximum period of 15 days after discovery. The complaint shall be made in writing, stating the exact nature and extent of defects. The Client shall be responsible for the burden of proof of the defective nature and date of discovery. The Contractor's liability for the execution of Work(s) is limited to defects becoming apparent within 6 months of receipt of the Products or Work(s). If the use of the product, good, installation or equipment to which the Work(s) refers exceeds the one considered or customary, said period shall be reduced proportionally. The Client must immediately report in writing any deficiencies or non-conformity of the Products and Work(s), without any incidents reported after the end of the guarantee period being covered, the Client being subject to the deadlines and formalities set out in the Commercial Code. The guarantee rights do not cover the costs of intervention outside Spain, and the Client must assume the costs of travel, stay, transport, return of parts, etc., incurred by the Contractor in the repair of defects in such event. The guarantee does not include, therefore, neither the travel of staff to premises, nor labor necessary to replace the damaged element, which will be at the Client's expense. The liability under the guarantee shall be limited in quantitative terms (value of the work to be carried out by the Contractor or third parties) to a maximum amount of 30% of the agreement price. The Contractor's liability does not extend to defects arising from:
Warranty and Exclusions. The following paragraph is added: Except as expressly provided in these terms and conditions, or Section 12 of the Sale of Goods Act 1893 as amended by the Sale of Goods and Supply of Services Act, 1980 (the “1980 Act”), all conditions or warranties (express or implied, statutory or otherwise) are hereby excluded including, without limitation, any warranties implied by the Sale of Goods Act 1893 as amended by the 1980 Act (including, for the avoidance of doubt, Section 39 of the 1980 Act).
Warranty and Exclusions. The following is deleted from the first paragraph of Section 17: Customer agrees that such specifications may be supplied only in the English language, unless otherwise required by local law without the possibility of contractual waiver or limitation. NEW ZEALAND
Warranty and Exclusions. The following is added to the end of Section 17: The warranties specified this Section are in addition to any rights Customer may have under the Competition and Consumer Act 2010 or other legislation and are only limited to the extent permitted by the applicable legislation. JAPAN
Warranty and Exclusions. In the European Union ("EU"), consumers have legal rights under applicable national legislation governing the sale of consumer goods. Such rights are not affected by the provisions set out in this Section 15: Warranty and Exclusions. AUSTRIA
Warranty and Exclusions. The following is added to this Section: The warranties specified in this Section are in addition to any rights Customer may have under the Consumer Guarantees Act 1993 or other legislation which cannot be excluded or limited. The Consumer Guarantees Act 1993 will not apply in respect of any goods which IBM provides, if Customer requires the goods for the purposes of a business as defined in that Act. EUROPE, MIDDLE EAST, AFRICA (EMEA) COUNTRY AMENDMENTS EUROPEAN UNION MEMBER STATES The following is added to Section 17: Warranty and Exclusions In the European Union (“EU”), consumers have legal rights under applicable national legislation governing the sale of consumer goods. Such rights are not affected by the provisions set out in this Section 17: Warranty and Exclusions. AUSTRIA
Warranty and Exclusions. Each party warrants that it has the right to make the disclosure of the Confidential Information contemplated by this Agreement. In providing the Confidential Information under this Agreement, the disclosing party makes no representation, either express or implied, as to its adequacy, sufficiency, or freedom from defect of any kind, including freedom from any patent or other intellectual property infringement that may result from the use of such Confidential Information, and the disclosing party shall not incur any responsibility or obligation whatsoever by reason of such Confidential Information.
Warranty and Exclusions. Except as stated herein, there are no other representations, warranties, promises, guarantees or agreements, oral or written, expressed or implied, between the parties hereto with respect to the Agreement or the SOS Products. THIS AGREEMENT DOES NOT GIVE RISE TO ANY EXPRESS OR IMPLIED WARRANTIES, AND, (EXCEPT FOR SOS’S WRITTEN WARRANTY APPLYING TO NEW SOS PRODUCTS) ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT SOS KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR IS OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), ARE EXCLUDED WITH RESPECT TO ANY SOS PRODUCT OR ANY OTHER PRODUCT SOLD, USED, OR PROVIDED UNDER THIS AGREEMENT. SOS FURTHER DISCLAIMS ANY AND ALL WARRANTIES, AND/OR REPRESENTATIONS OF TITLE AND NON-INFRINGEMENT WITH RESPECT TO ANY TRADEMARKS AND OTHER INTELLECTUAL PROPERTY, OR ANY LICENSED SOFTWARE AND/OR DOCUMENTATION.
Warranty and Exclusions. To the extent ACS provides materials or services used in construction or modification of the premises to prepare the central office for occupancy by AFS, ACS warrants that the construction services will be performed in a workmanlike manner and construction materials shall be free from known defects. ACS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
