Limited Performance Warranty Sample Clauses

Limited Performance Warranty a) BYD warrants that the Product will (i) retain sixty per cent (60%) of its Usable Energy for ten (10) years from the Warranty Start Date; or (ii) reach the Minimum Throughput Energy, whichever comes first, on the condition that the Product is operated under a normal use followed by the manual provided by BYD.
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Limited Performance Warranty. Elastic warrants that during the term of this Agreement, the Commercial Software will perform in all material respects in accordance with the Documentation. In the event of a breach of the foregoing warranty, Elastic’s sole obligation, and OEM’s exclusive remedy shall be for Elastic to (i) correct any failure(s) of the Commercial Software to perform in all material respects in accordance with the Documentation or (ii) if Elastic is unable to provide such a correction within thirty (30) days of receipt of notice of the applicable non-conformity, then upon request from OEM, Elastic will promptly refund to OEM the unused portion (on a pro-rata basis based on the number of months remaining in the then current term of Agreement) any pre-paid Fees paid by OEM to Elastic for the applicable Commercial Software, provided that, upon payment of such refund, all licenses granted in Sections 2.1 and 2.2 and Elastic’s obligation to provide Support Services with respect to such Commercial Software shall immediately terminate. The warranty set forth in this Section 7.3 does not apply if the applicable Commercial Software or any portion thereof:
Limited Performance Warranty. Company warrants that the Platform will perform substantially as demonstrated in the Demonstration Version and will be free of material errors or defects, and that all Services will be performed in a good and workmanlike manner. In the event Customer believes that Company is in violation of this limited performance warranty, Customer shall notify Company and Company shall use reasonable commercial efforts to correct any error or defect.
Limited Performance Warranty. For Licensed Product: Verint warrants to Customer that for a period of ninety (90) days after its initial delivery, the Software shall operate in a Customer Environment substantially in accordance with the Documentation. Customer’s exclusive remedy for a breach of the foregoing shall be for Verint to use commercially reasonable efforts to either correct any verifiable material nonconformity or to replace the materially nonconforming Software; provided, however, if Verint cannot provide either remedy, upon receipt of the materially nonconforming Software, Verint shall refund Customer the License Fee paid for same. For Professional Services: Verint warrants to Customer that for a period of thirty (30) days after performance, the Professional Services provided hereunder were performed in a timely and professional manner by qualified personnel. Customer’s exclusive remedy for a breach of the foregoing shall be for Verint to re-perform the affected Professional Services, or waive or refund (as appropriate) the fee for such Professional Services.
Limited Performance Warranty. Coreum represents and warrants that the Core will conform in all material respects to the Specifications for a period of ninety (90) days after acceptance of the Core in the initial iGST target Device and in accordance with Section 2.5 and the applicable Statement of Work. The warranty set forth above shall not apply if (A) the Devices are used in any direct or active operations of any equipment in any nuclear, aviation, mass transit, or medical applications, or in any other inherently dangerous applications, or (B) the Core is not used in accordance with the Documentation or is otherwise misused. The limited warranty set forth above shall also not apply to modifications or Improvements made by any party other than Coreum to the Core nor shall it apply to the Device as a whole except to the extent solely attributable to the Core.
Limited Performance Warranty. Elastic warrants that during the applicable Subscription Term, the Commercial Software will perform in all material respects in accordance with the Documentation. In the event of a breach of the foregoing warranty, Elastic’s sole obligation, and MSP’s exclusive remedy shall be for Elastic to (i) correct any failure(s) of the Commercial Software to perform in all material respects in accordance with the Documentation or (ii) if Elastic is unable to provide such a correction within thirty (30) days of receipt of notice of the applicable non-conformity, MSP may elect to terminate the applicable Order Form and the associated Subscription, and Elastic will promptly refund to MSP any pre-paid, unused fees paid by MSP to Elastic for the applicable Subscription. The warranty set forth in this Section 8.1 does not apply if the Commercial Software or any portion thereof: (a) has been altered, except by or on behalf Elastic; (b) has not been used, installed, operated, repaired, or maintained in accordance with this Agreement and/or the Documentation; (c) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident; or (d) is used on equipment, products, or systems not meeting specifications identified by Elastic in the Documentation. Additionally, the warranties set forth herein only apply when notice of a warranty claim is provided to Elastic within the applicable warranty period specified herein and do not apply to any bug, defect or error caused by or attributable to software or hardware not supplied by Elastic.
Limited Performance Warranty. BYD warrants that the Product will retain sixty per cent (60%) of its Usable Energy for different years according to the Product operating ambient temperature set out in the table below, on the condition that the Product is operated in a normal manner that adheres to the manual guidelines provided by BYD. Ambient temperature Warranted period (year) Warranted remaining usable energy 0~20°C 10 60% 20~30°C 7 30~45°C 5 The Original Buyer is responsible for providing the data of the Product operating ambient temperature. An ambient temperature recorder is recommended to be installed in the same environment as the Product. The Usable Energy and warranted Usable Energy of each Product Model could be in the table below. Product Model Usable Energy (kWh) Warranted remaining Usable Energy (kWh) LVS 4.0 4 2.4 LVS 8.0 8 4.8 LVS 12.0 12 7.2 LVS 16.0 16 9.6 LVS 20.0 20 12 LVS 24.0 24 14.4 For the purposes of this Limited Warranty, the remaining Usable Energy is as measured and calculated using the following testing method and values, while the ambient temperature is between 25~ 28°C: • Discharge the battery with constant current until the battery reaches End of Discharge Voltage ("EODV") or its self-protective voltage. • Wait for 10 minutes. • Charge the battery with constant current and constant charge voltage to its full capacity. • Wait for 10 minutes. • Discharge the battery with constant current until it reaches EODV or its self-protective voltage. Record the current, voltage, and time. • The remaining Usable Energy is the integral of discharge time, current and voltage. Test value list: Product Model End of discharge voltage(V) Constant charge voltage(V) Constant current(A) LVS 4.0 40 59 15 LVS 8.0 30 LVS 12.0 45 LVS 16.0 60 LVS 20.0 60 LVS 24.0 60 1.4. Limited Performance Warranty for additional battery modules If You purchase additional battery modules after the initial installation of the Product (“Subsequent Product”), the warranty in clause 1.3 applies to the Subsequent Product from the sale date recorded in the seller`s invoice to the Original Buyer of that Subsequent Product.
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Limited Performance Warranty. Sysdig warrants to the Customer that the Software will, for a period of ninety (90) days following its initial delivery ("Warranty Period"), substantially conform to the applicable Documentation, provided that the Software: (a) has been properly installed and used at all times and in accordance with the applicable Documentation; and (b) has not been altered or modified by anyone other than Sysdig or its designee. Sysdig will, at its own expense correct any reproducible error in the Software reported to Sysdig by Customer in writing during the Warranty Period. If Sysdig determines that it is unable to correct the error, Sysdig will replace the Software in accordance with the Service Support Policy. This Section 8.2 represents Customer's exclusive remedy, and Sysdig's entire liability, for any breach of the warranties set forth herein.
Limited Performance Warranty. The Developer warrants that, for a period of 60 days starting on the date of delivery OR installation of the Software, the Software will perform in accordance with the functional Specifications set forth in the documentation, but only if the Software is installed and operated in accordance with the Developer’s documentation and other written instructions.
Limited Performance Warranty. Noname Security warrants to Customer that during any Subscription Term, the SaaS Services will be accessible by Customer, and the SaaS Services will perform substantially in accordance with the Documentation. Customer’s exclusive remedy under this Section shall be for Noname Security to use commercially reasonable efforts to correct any Errors; provided, in the event Noname Security is unable to correct that nonconformity, Customer shall have the right to terminate the remaining Subscription Term and receive a pro rata refund of any remaining prepaid SaaS Access Fees applicable to those SaaS Services.
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