Conditions of Warranty. This warranty is strictly subject to the following conditions. The customer acknowledges that failure to adhere to these conditions shall void this warranty.
Conditions of Warranty. THE WARRANTIES SET OUT IN SECTION 7 (THE “LIMITED WARRANTIES”) ARE IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS OF ANY KIND, AND ACTIVESTATE MAKES NO OTHER REPRESENTATIONS OR WARRANTIES AS TO THE PERFORMANCE OR SUITABILITY OF THE PRODUCTS FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACTIVESTATE EXCLUDES AND DISCLAIMS, AND LICENSEE WAIVES, ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, DURABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON‐INFRINGEMENT OR ARISING FROM COURSE OF DEALING, USAGE OR TRADE. The Limited Warranties are void and have no application with respect to any error: (1) that results from use by Licensee of the Products in an environment other than that recommended by ActiveState; (2) that results from any modifications to the Products made by Licensee that are not authorized by ActiveState or, if such authorization is granted, are made using software other than ActiveState recommended software; or (3) caused by any bug, defect, virus or error in other software or hardware used with the Products. In the event of breach of the Limited Warranties, ActiveState’s exclusive liability and Licensee’s sole remedy for breach thereof shall be (at ActiveState’s option) to correct or replace the Products and/or the Documentation within a reasonable time or to refund the total Fees paid to ActiveState by Licensee in the relevant portion of the Term and terminate this Agreement. ActiveState shall only be liable under this Agreement for breach of the Limited Warranties where ActiveState is notified in writing of such breach within the Warranty Period. Notwithstanding the foregoing, ActiveState may at its option provide email and/or telephone support to Licensee with respect to issues which are outside the scope of the warranties set forth in Section 7.
Conditions of Warranty. The warranty set forth herein shall be exclusive of (a) normal wear and tear, (b) normal degradation of the Work or the Gathering System, (c) misuse of the Work or the Gathering System by OWNER or negligence in its operation or maintenance, and (d) operation or maintenance of the Work or the Gathering System not in accordance with the written requirements and recommendations of equipment vendors or suppliers and CONTRACTOR.
Conditions of Warranty. The warranty herein is void under the following circumstances:
Conditions of Warranty. To the extent that any failure by Contractor to meet the foregoing warranties is the result of (a) Owner’s failure to receive, handle, store, maintain, or install the Equipment furnished in a reasonable manner or in accordance with any reasonable Contractor requirements conveyed to Owner, (b) Owner’s failure to operate the Equipment within its rating or operated and maintained in a reasonable manner consistent with Contractor’s or Equipment vendors’ instructions, (c) Owner subjecting the Equipment to abuse or misuse, or (d) normal wear and tear or corrosion inherent in the operation of the Facility, then, to that extent, Contractor shall be excused for said failure.
Conditions of Warranty. The warranties and remedies set forth herein are conditioned upon the transformers being received, handled, stored, installed, operated and maintained in a normal and proper manner in accordance with any PPI recommendations and standard industry practices and not having been subjected to accident, alteration, abuse or misuse. Shipment of the defective transformer must be made to PPI or some pre-designated location as authorized by PPI, freight prepaid. Also, the defective transformer must be properly strapped to a shipping pallet or enclosed in a crate. All parts of the transformer must be at least two (2) inches inside the edge of the pallet or crate. Should a transformer fail within the warranty period, the purchaser must insure that the transformer is protected from further damage or deterioration while being stored or otherwise awaiting shipment back to PPI. Should there be any defects in workmanship and/or materials within the warranty period and provided PPI has received a written notification of such failure within one (1) month of its occurrence, PPI shall correct such non-conformity at its F.O.B. factory of the defective part or parts. (Contact your PPI representative for the applicable handling procedures.)
Conditions of Warranty. The warranties and remedies set forth in 11.1 through 11.4, above, will apply only if notice of claim is given to CIMTEC in accordance with the requirements specified above, and the following obligations of Buyer are complied with: (1) Written claim must be made by Buyer within thirty (30) days from the date the non-conformance is detected by Buyer and in no event later than thirty (30) days after expiration of the applicable aforementioned warranty period; (2) All Equipment must be properly unloaded, stored, maintained and installed in accordance with the documentation and instructions provided, and must be protected from damaging agents by Buyer except when installation of such System is included in CIMTEC’s scope of supply; (3) All Equipment must be operated only in a normal and proper manner, in accordance with any operating instructions or manuals and not in excess of any applicable ratings, limitations, or operating specifications; (4) Buyer shall not have made any changes to the Products or supplied any additional software or interfacing; (5) If CIMTEC is to repair or replace any parts or items of the System or to reperform any Installation or Services, Buyer shall be obligated at its own expense to provide access to the part of the System or any parts or items of Equipment which are to be repaired or replaced; (6) Buyer shall, at no expense to CIMTEC, provide personnel, facilities, data and information to assist in any activity which may be required of CIMTEC under this warranty. For those parts or items of Equipment that may be normally removed from the System, Buyer agrees to remove such parts or items and ship to CIMTEC for repair or replacement. Whether removed by Buyer or CIMTEC, all defective parts or items of Equipment shall be returned to CIMTEC. If the above conditions are not met, Xxxxx agrees to reimburse CIMTEC for any costs of responding to the warranty claim. Any Buyer modification to the Equipment, CIMTEC design or any CIMTEC Programs or Operating Programs shall presumptively void CIMTEC’s warranty and remedy obligations to Buyer.
Conditions of Warranty. Xxxxxx’x liability hereunder to the covered person shall be subject to the following terms and conditions:
Conditions of Warranty. At Canon’s discretion, defective parts must be returned with all necessary documentation and will become the property of Canon. THIS WARRANTY APPLIES TO PRINTHEADS SOLD AND USED IN THE U.S.A. AND CANADA ONLY.
Conditions of Warranty a. Any warranty shall become void in a situation where:
