LICENSOR’S PRODUCT AND SOFTWARE WARRANTIES; LICENSOR’S REPRESENTATIONS Sample Clauses

LICENSOR’S PRODUCT AND SOFTWARE WARRANTIES; LICENSOR’S REPRESENTATIONS. 11.1. Trillennium Products. Licensor will repair or replace any parts or material contained in any Trillennium Product or Trillennium System or any component thereof found defective as the result of flaws in design or manufacture when reported in writing within one (1) year from the date of sale of the subject Trillennium Product, Trillennium System or any component thereof to Licensee. Once a return authorization is approved and assigned, Trillennium Products, Trillennium Systems or any component thereof to be repaired under this warranty are to be returned to Licensor with shipping charges to be prepaid by the End User, who shall assume all risk and cost of shipping to and from Licensor’s designated point of delivery. In the event that Licensor determines, in its sole judgment and discretion, for purpose of repair, that an on-site inspection is required, this warranty does not cover transportation of factory-trained service personnel to and from the installation site or expenses while there. The foregoing warranty shall be void if the Trillennium Product, Trillennium System or any component thereof in question has been disassembled, tampered with, altered or otherwise damaged, without prior written consent from Licensor, or if considered by Licensor to have been abused or used in abnormal conditions. The foregoing warranty shall constitute the exclusive remedy available to Licensee and its End User and shall be considered a condition of sale and use. Licensor shall not be liable for any loss or damage, including loss of profit or consequential damages, resulting from or attributed to the use of any Trillennium Product, Trillennium System or any component thereof or resulting from a defect in design or manufacture of any Trillennium Product or Trillennium System or any component thereof.
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Related to LICENSOR’S PRODUCT AND SOFTWARE WARRANTIES; LICENSOR’S REPRESENTATIONS

  • Product and Service Warranties 21- SECTION 3.30

  • 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.

  • 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.

  • Software Warranty NETGEAR warrants to the end-user that each item of Software, as delivered or updated by NETGEAR and properly installed and operated on the Hardware or other equipment it is originally licensed for, will function substantially as described in its then-current user documentation during its respective warranty period. If any item of Software fails to so perform during its warranty period, as the sole remedy NETGEAR or NETGEAR's supplier will at its discretion provide a suitable fix, patch or workaround for the problem which may be included in a future revision of the Software. For specific Software which is distributed by NETGEAR as a licensee of third parties, additional warranty terms offered by such third parties to end-users may apply.

  • Customer Warranties Customer warrants and represents to CMC that:

  • Licensor Representations LICENSOR represents and warrants, for the benefit of LICENSEE, that:

  • Third Party Warranties If the Vendor purchases or subcontracts for the manufacture of any part of the System or the performance of any of the Services to be provided hereunder from a third party, the warranties given to the Vendor by such third party will inure, to the extent assigned to the Owner pursuant to this Section 17 or permitted by law, to the benefit of the Owner, and the Owner will have the right, at its sole discretion, to enforce such warranties directly and/or through the Vendor. The warranties of such third parties will be in addition to and will not, unless otherwise expressly stated herein, be in lieu of any warranties given by the Vendor under this Contract.

  • Survival of Representations and Warranties; Duty to Update Information All representations and warranties made by the Subadviser, the Adviser and the Trust pursuant to the recitals above and Sections 6, 7 and 8, respectively, shall survive for the duration of this Agreement and the parties hereto shall promptly notify each other in writing upon becoming aware that any of the foregoing representations and warranties are no longer true or accurate in all material effects.

  • Service Warranty 10.1 When performing the Services, Service Provider shall provide professional and skilled personnel, reasonably experienced for the Services to be performed at the best of their knowledge.

  • Product Warranty Each product manufactured, sold, leased, or delivered by the Company has been in conformity with all applicable contractual commitments and all express and implied warranties, and the Company has no Liability (and there is no basis for any present or future action, suit, proceeding, hearing, investigation, charge, complaint, claim, or demand against any of them giving rise to any Liability) for replacement or repair thereof or other damages in connection therewith, subject only to the reserve for product warranty claims set forth on the face of the balance sheet included in the Interim Financial Statements (rather than in any notes thereto) as adjusted for the passage of time through the Closing Date in accordance with the past custom and practice of the Company. No product manufactured, sold, leased, or delivered by the Company is subject to any guaranty, warranty, or other indemnity beyond the applicable standard terms and conditions of sale or lease. Section 4.22 of the Disclosure Schedule includes copies of the standard terms and conditions of sale or lease for the Company (containing applicable guaranty, warranty, and indemnity provisions).

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