Warranty and Liability. Except to the extent prohibited by Applicable Law, Free of Charge Services are provided “as is” without warranties of any kind and in the then-current version made available by us from time to time without support and availability commitments. We are not obliged to offer post- termination assistance. Siemens’ entire liability for all claims, damages, and indemnities arising out of or related to your use of a Free of Charge Service will not exceed, in the aggregate, the amount of EUR 1,000.00 (or the equivalent amount in local currency).
Warranty and Liability. 5.1 Each Contributor warrants and represents that it has sufficient rights to grant the rights to its Modifications conveyed by this License.
Warranty and Liability. 10.1 Subject to the terms set out below and unless otherwise specified in writing, the Seller warrants that on delivery the Goods shall comply with the Seller’s specification for the Goods. The Seller reserves the right to make any changes to the specification of the Goods which:
Warranty and Liability. Warranty Nearmap agrees to use industry standard GPS to ensure captured imagery has accurate geographical positioning.
Warranty and Liability. 14.1 Save as expressly provided in these Conditions or in any individual Contract, all terms, conditions and warranties implied by statute, common law or otherwise, howsoever arising, are excluded to the fullest extent permitted by law. The Buyer is solely responsible for satisfying itself and others as to the suitability of the Goods for any particular purpose and the Buyer acknowledges that it is relying solely on the Buyer's own skill and judgment and not Brenntag's in determining such suitability. Brenntag warrants that the Goods will for the shelf life specified for the Goods, comply with the specification as set out in Clause 13.1 above. If no specification has previously been supplied to the Buyer, a specification will be supplied to the Buyer on request and Brenntag warrants that the Goods will comply with that specification.
Warranty and Liability. 14.1. Unless otherwise stated in these General Terms and Conditions of Sale, the Company disclaims any and all warranties or conditions with regard to the Products of any kind whatsoever. Further, the Company does not warrant that the Products will operate without interruption or that they will be error free, virus free or secure. Customer expressly acknowledges and confirms that any changes or additions made (not supplied and/or installed by Company) to the Product(s), and any use of the Product(s) with third party products, except for Company validated or Company approved third party products, is at Customer’s risk and Company shall not be liable for any damages or loss resulting therefrom. The foregoing limited warranty shall not apply if a defect or malfunction is the result of wear and tear, alteration, modification, foreign attachment, misuse, tampering, negligence, abuse or other causes not arising out of defects in material or workmanship.
Warranty and Liability. Calvi warrants that their Products comply with the quality and type requirements indicated in the CO and are free of faults and manufacturing defects that could jeopardize the use of these Products defined in the relevant CO. The warranty for construction defects is only limited to the defects of Products ascribable to defects of the used material or to design and construction problems attributable to the Company. Moreover, the warranty covers no defects due to the normal wear of Products for rapidly and constantly wearing parts. The warranty on purchased Products is suspensive conditional on the complete payment of Products by the Buyer. Unless otherwise agreed in writing, the warranty period shall be 12 (twelve) months after the date of EXW shipping. No warranty is provided beyond these GTCS and any liability for direct and indirect damages or for non- production is expressly excluded. The warranty is applied provided that (i) Products have been correctly preserved in a suitable sheltered place, in their original packages and according to the Technical Supplying Specifications and (ii) no repairs, modifications or alterations of Products have been carried out without previous written authorization of the Company and (iii) any noticed defect has not been caused by chemical or electrical agents or by incorrect preservation. Obvious faults, defects or quality deviations of Products shall be notified Calvi, under penalty of nullity, in writing by registered letter, communicated in advance by fax or mail confirmed by Xxxxx, no later than 7 (seven) working days after the discovery date and, anyway, no later than 60 calendar days after the receipt of Products . Any hidden defects and/or operating defects (only noticeable after the use of Products) shall be notified within 10 days after the discovery of the defect and, anyway, within the warranty period. The complaint shall be provided with the required documentation with reference to the production batch, the reference invoice, the delivery note and all further information, including any photos, which can help the correct identification of the material and the defect type. The warranty is, anyway, limited to the repair or replacement free of charge ex-factory in Merate of Product or parts of Products, if they cannot be repaired or used owing to ascertained material or manufacturing defect. Calvi is not, anyway, liable for damages caused by careless or incorrect use of Products and/or non- observance of the tech...
Warranty and Liability. 1. Xxxxxxxxxxx declare that it has sufficient ownership rights in the Product to make the Product available to the Licensee under the terms hereof.
Warranty and Liability. 5.1 You acknowledge and agree that;
Warranty and Liability. Claims for defects on the part of the buyer presuppose that the buyer has properly fulfilled his obligations to inspect the goods and give notice of defects to WCA in a proper manner (see para IX. “Quality, Duty to inspect” of this GTC). In the event of proved defective goods, WCA shall be entitled to supplementary performance (“Verbesserung”). For the purpose of supplementary performance, WCA will at WCA´s choice replace the defective goods with non-defective goods at the place of original delivery (“Austausch”) or correct the defective products (“Nachbesserung”). The warranty covers only the goods that are used in accordance with their purpose and installed in conformity with technical standards. The warranty responsibility does not cover inter alia: - Defects resulting from the use of the goods that is contrary to their purpose, - Defects resulting from negligence, destruction, delayed notifying of defects, - Defects resulting from incorrect installation by the buyer or third parties, - All defects occurring as a result of mechanical damage. - The goods, which were not stored properly. If the goods are still used despite the fact that they have been found defective, the warranty claims of the buyer shall expire. WCA excludes any liability or indemnification for defects to the extent that the defects are due to constructive changes of the product or goods outside the agreed specifications by buyer even of a minor extent except upon a prior written consent by WCA. This applies also to repair of damages caused in the course of transport. No allowance will be made for damage to adjustments, incidental or consequential damage, loss of profit, cost of capital, loss of contents, claims of customers for service interruptions or failure of supply, and costs and expenses incurred in connection with labor, overhead, transportation, installation or removal of products or substitute facilities or supply sources. Any liability of WCA to pay damages is limited to the actual damage. Liability of WCA shall in no case exceed the total value of defective goods. WCA´s liability for consequential damage, loss of profit and value of special preference is excluded. Where liability by WCA is excluded or limited, this shall apply as well to the personal liability of the employees, workers, staff, representatives and vicarious agents of WCA. If WCA is not willing or able to provide supplementary performance, or if the supplementary performance fails twice, buyer may, at its disc...
