Warranty and Remedies. The PROVIDER warrants that it will use reasonable efforts to perform the services to conform to generally accepted industry standards, provided that: (a) the SOFTWARE has not been modified, changed, or altered by anyone other than the PROVIDER; (b) the operating environment, including both hardware and systems software, meets the PROVIDER’s recommended specifications; (c) the computer hardware is in good operational order and is installed in a suitable operating environment; (d) RECIPIENT promptly notifies the PROVIDER of its need for service; (e) RECIPIENT provides adequate troubleshooting information and access so that the PROVIDER can identify and address problems; and (f) all fees due to the PROVIDER have been paid. THERE ARE NO OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THIS MAINTENANCE AGREEMENT, AND THE SERVICES TO BE PROVIDED BY THE PROVIDER UNDER IT INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RECIPIENT’s sole and exclusive remedy and the PROVIDER’s only obligation under this warranty is to redo the Services until the SOFTWARE conforms to the most recent specifications stated in the documents listed in Supplement A. In the event that these services cannot be provided within a reasonable time after notification, RECIPIENT’s sole and exclusive remedy is to terminate this Maintenance Agreement upon written notice to the PROVIDER and to receive a refund of any fees paid for the period beginning on the date the problem requiring correction was reported to the PROVIDER. RECIPIENT ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES SHALL THE UNIVERSITY, ITS FACULTY, STAFF, STUDENTS, OR REGENTS BE LIABLE FOR ANY LOSS, COST, EXPENSE, OR DAMAGE TO RECIPIENT IN AN AMOUNT THAT COLLECTIVELY EXCEEDS THE ANNUAL MAINTENANCE FEE. END USER ACKNOWLEDGES AND AGREES THAT THE PROVIDER, ITS FACULTY, STAFF, STUDENTS, OR REGENTS SHALL NOT BE LIABLE TO END USER FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL DAMAGES OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF THE UNIVERSITY, ITS FACULTY, STAFF, STUDENTS, OR REGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RECIPIENT WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS PROVIDER, ITS FACULTY, STAFF, STUDENTS, OR REGENTS AGAINST ANY LOSS, DAMAGE, EXPENSE, OR COST, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING OUT OF ANY CLAIM,...
Warranty and Remedies. 8.1 Supplier warrants that the Goods and/or Services comply with the Contract, including but without limitation to Supplier’s responsibilities as defined in Clause 3.1.
Warranty and Remedies. Seller represents and warrants to Buyer that all Products provided by Seller hereunder shall have been manufactured in accordance with the [*], in conformity with the [*] Specifications, and in accordance with all good industry practices customary for the semiconductor industry. This warranty lasts for [*] after Seller delivers the Products. Seller does not warrant that the Products will be free from defects, be error-free, or operate in combinations with equipment, devices, software, systems or any other product. If, during [*], (a) Seller is notified, in writing and promptly upon discovery, of any non-conformity in the Products, including a detailed description thereof, (b) such Products are returned to Seller, and (c) such Products are indeed non-conforming and not caused by accident, abuse, misuse, neglect, improper installation or packaging, repair or alteration by Buyer or Buyer’s customer, or improper testing or use contrary to any instructions given by Seller (collectively, “Abuse or Misuse”), then Seller shall, at its option, either repair, replace, or credit Buyer for such non-conforming Products. Seller shall return any Products repaired or replaced under this warranty to Buyer transportation prepaid, and shall reimburse Buyer for the transportation charges paid by the Buyer for returning such defective Products to Seller. The performance of this warranty shall not act to extend the [*] warranty period for any Products repaired or replaced beyond that period applicable to such Products as originally delivered. Unless otherwise expressly agreed to the contrary by Seller and Buyer in writing prior to shipment, there is no warranty for Pre-Production Wafers or Development Wafers. Buyer’s approval of Seller’s material or design shall not be deemed to be a waiver of the warranty obligations set forth in this Section, nor will Buyer’s approval or Acceptance of any Products that do not meet the Specifications relieve Seller of its warranty obligations. Any waiver hereunder shall not be deemed to be a waiver of future enforcement of this Section. SiTime—Bosch: Development and Manufacturing Agreement
Warranty and Remedies. The Vendor warrants that all services provided or performed pursuant to the Contract Documents will be performed in an efficient and workmanlike manner and said services will fulfill the intended purpose of this Agreement. The Vendor, at the discretion of the City, shall repair or reimburse the City for the replacement cost specified in the Bidding Documents any uniform articles which are damaged or lost while in custody of the Vendor or the Vendor’s agent. The Vendor specifically warrants that the services will be provided in the time frame specified in the Bidding Documents. Without in anyway limiting other remedies, the City may, at its option, require that the charge for an item that was not laundered and/or repaired within the time frame specified be credited to the City.
Warranty and Remedies. The provision in Section 15.3 of the Agreement that titled Contractor Warranties for Contract Deliverables, shall apply.
Warranty and Remedies. 10 ARTICLE 20 -
Warranty and Remedies. Confidential 05/08/97 Sample - Non-Executable Limited Warranty CAC MAKES NO WARRANTIES OR REPRESENTATIONS AS TO PERFORMANCE OF PRODUCTS OR AS TO SERVICE TO OEM OR TO ANY OTHER PERSON, EXCEPT AS SET FORTH IN CAC's LIMITED WARRANTY ATTACHED HERETO AS APPENDIX D. CAC RESERVES THE RIGHT TO CHANGE THE WARRANTY AND SERVICE POLICY SET FORTH IN SUCH LIMITED WARRANTY, OR OTHERWISE, AT ANY TIME, WITH NINETY (90) DAYS WRITTEN NOTICE AS IT APPLIES TO EQUIPMENT PURCHASES AFTER THE 90 DAY PERIOD, AND WITHOUT LIABILITY TO OEM OR TO ANY OTHER PERSON. SUCH CHANGES WILL NOT APPLY TO ANY PRODUCT SHIPPED PRIOR TO THE END OF THE NINETY (90) DAY NOTICE PERIOD. OEM's Warranty OEM will make no warranty, guarantee or representation on CAC's behalf. In the event that OEM makes unauthorized representations or guarantees beyond those contained in Appendix D - Warranties and Limitation of Remedies, OEM shall hold harmless and indemnify CAC for any expenses, claims, damages or liability of any nature whatsoever arising from or related to such unauthorized representations or guarantees, including without limitation, reasonable attorney's fees.
Warranty and Remedies. 7.1 Seller warrants to Buyer that for a period of twelve (12) months from the date from which the Equipment is delivered to a common carrier at Seller’s plant (“Warranty Period”) the Equipment shall be free from defects in material and workmanship and shall operate as set forth in the applicable Seller document. The warranty (i) applies only if the Equipment is used according to Seller’s instructions and (ii) covers neither electronic components the normal wear and tear of the Equipment nor the damages or accidents resulting from inadequate storage prior to installation, failure to follow installation, operation and maintenance instructions, unauthorized movement, modification, or alteration of the Equipment, accident, abuse, misuse, or the negligent acts of persons not under the reasonable control of Seller, power failure or surges, lightning and other acts of God, or Buyer’s use of components, parts, peripherals, attachments, accessories and/or perishable tooling not approved by Seller.
Warranty and Remedies. In addition to an without limiting the specific Products warranties and guarantees set forth in the Agreement, the Supplier represents, warrants and agrees that (a) good and merchantable title to the Products shall be transferred to Company upon delivery of the Products; (b) the Products shall be free and clear of all liens, encumbrances or claims of any nature whatsoever; (c) the Products shall conform to Specifications and shall be delivered free of defects in material and workmanship; (d) the Products shall be of the quality included in the Specifications ; (e) the Products do not, and their use or resale by Company will not, infringe any patent, copyright, design right, trade mark and/or any other intellectual or industrial property right (whether registered or unregistered) of any third person, and that at the date of the Agreement the Supplier is not aware of any action which has been commenced against the Supplier in relation to any infringement or alleged or threatened infringement of any intellectual or industrial property right nor have the Supplier received any notice to the effect that any such action may be commenced; (f) there are no pending or threatened suits, claims, or actions of any type with respect to the Products; and (g) all applicable laws of each jurisdiction in which the Products are manufactured, transported and delivered shall be complied with relating to the manufacture, processing, treatment, construction, completion, transportation and delivery of the Products. The foregoing representations and warranties shall survive any inspection, delivery, installation, acceptance, start-up or payment by Company for a period of twenty-four (24) months as from delivery. THE FOREGOING WARRANTIES AND THE WARRANTIES AND GUARANTEES SET FORTH IN THE AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. Company shall notify in writing the Supplier of any claim with respect to any breach of the warranties set forth above within thirty (30) Business Days after the defect arises and is discovered by Company and in any event within the warranty period included in section 9.1 above. Without prejudice to any other right or remedy available to Company at law or in equity, upon the receipt of the notice under section 9.2 above, the Supplier shall, at the election and at no cost to Company (including but not limited to transportation, travelling, accommodation, labour, collection, custody, disassembly, re-assembly, demolition, construction,...
Warranty and Remedies. In addition to any other warranties and/or remedies available to Buyer under applicable law, including those afforded to Buyer under Act No. 513/1991 Coll. the Commercial Code as amended, the parties also agreed that (i) the minimum warranty period shall be 24 months from the final acceptance of the Products by Buyer; this is without prejudice to any longer statutory warranty periods, (ii) the defects liability period shall be interrupted for the period of time from the moment, in which the Buyer notifies the Seller of defects of the Product(s), until the repair of the defects by the Seller, (iii) the Seller shall be obliged to respond in writing to any notice of defects made by the Buyer in written without undue delay, however no later than 7 calendar days after receiving the written notice of defects from the Buyer; the notice of defects of the Product(s) and the response to the notice may be sent by e-mail, (iv) the Seller expressly warrants that the Product(s) conform strictly to the specifications set forth in this Agreement and are suitable for the intended use, (v) the choice between the claims resulting from defects of the Product(s) shall be made at the Buyer’s discretion and Buyer may change its claims resulting from defects of the Product(s) and (vi) in case the Seller has not rectified a defect after the lapse of a reasonable period set out by the Buyer, the Buyer may rectify the defects itself or have them rectified by a third party at the Seller's expense and the Seller shall fully reimburse any expenses incurred by the Buyer within ten days of service of a written demand for reimbursement thereof or of an invoice from the Buyer. The Buyer does not have an obligation to set any time period for the Supplier to rectify the defects if this is no longer possible due to reasons of particular urgency, specifically in order to xxxx off imminent danger or prevent greater damage.
