Company Warranty. The Company hereby warrants and represents that the execution of this Agreement and the discharge of the Company's obligations hereunder will not breach or conflict with any other contract, agreement, or understanding between the Company and any other party or parties.
Company Warranty. Company specifically warrants that it will not process Spam in such a way as to negatively impact the Software or Services, as determined by Reseller or its superior licensors in its sole discretion. Specifically, Company agrees that it will not alert the sender of Spam to the presence of the Software or Services.
Company Warranty. Company warrants that it shall use commercially reasonable efforts to prevent: (i) incorporation of any harmful or malicious code into its Customer Interface, including, but not limited to, code that would enable Company or, if applicable, its Customers to: (a) erase, destroy, corrupt, damage, or modify in an unauthorized manner any CME system (including the Certification Environment and the CME Interfaces), or (b) bypass any CME Interface security measure; or (ii) use of the Certification Environment in a manner that adversely impacts CME or any Company Authorized User (e.g., the stress testing of its Customer Interface in the Certification Environment without CME’s prior written consent); or (iii) access or permit others to access the Certification Environment without CME’s prior written consent.
Company Warranty. The Company represents and warrants that it is fully authorized by action of its Board (and has taken all necessary action required by the Merger Agreement) to enter into this Agreement and to perform its obligations under it.
Company Warranty. COMPANY covenants and agrees that all equipment to be installed as part of this Contract shall be new, in good and proper working condition and protected by appropriate original equipment manufacturer written warranties covering all parts and equipment performance. COMPANY shall be responsible for the repair of new equipment installed under this Contract which require repair during the COMPANY warranty period. The COMPANY warranty period extends one (1) year from the date of the Certificate of Acceptance of all ECMs issued by the CITY. COMPANY is responsible to repair or replace defective equipment under COMPANY warranty period, at no additional expense to the CITY.
Company Warranty. 5.1 The Company warrants that the Structural Elements of the Studio will be free from any significant defect for a period of 5 years from the date of the Agreement for purchase. In addition, the Company warrants that upon installation the Studio shall be free from any significant defect in other materials or workmanship.
5.2 If the Studio does not conform to these warranties the Company will take such steps as it deems necessary to bring the Studio into a condition where it is free from such defects or, at the option of the Company, refund the purchase price of the Studio to the Customer provided that the liability of the Company shall not in any event exceed the total purchase price of the Studio and the taking of the steps it deems necessary shall constitute an entire discharge of the Company’s liability under this warranty. If the Company opts to refund the purchase price any such refund is conditional upon the Customer providing the Company with access and all reasonable assistance that it reasonably requires in order to remove the Studio and upon such removal ownership of the Studio shall vest in the Company.
5.3 The Company shall not be liable for a breach of the warranty set out above relating to workmanship and materials other than Structural Elements, unless the Customer gives written notice to the Company within one month from the end of the build.
5.4 Any repaid or replaced goods will be guaranteed on these terms for the un- expired portion of the one month period.
5.5 All warranties, conditions and other terms implied by statute or Common Law (save for conditions implied by Section 12 of the Sale of Goods Act 1979) are to the fullest extent permitted by law excluded from the Agreement.
5.6 Where the Studio is sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions on Statements) Order 1976) the statutory rights of the Customer are not affected by these Terms.
5.7 Nothing in these Terms excludes or limits the liability of the Company for death or personal injury caused by the Company’s negligence or fraudulent misrepresentation.
5.8 The warranty given in this Clause 5 shall not apply to any defects in the Studio arising as a result of any breach of the Customer’s Warranties set out at Clause 3 above or as a result of any subsidence, landslip or land-heave affecting the Installation or any other form of instability affecting the Installation Site.
5.8.1 The Company have not made allowances in the Garden Building C...
Company Warranty. The Company represents and warrants that all equipment delivered pursuant to this Agreement will conform in all respects with the specifications furnished, specified or approved by the City. The Company warrants title to the equipment and that all equipment manufactured by Company and delivered hereunder will meet the agreed applicable specifications, be new, free from defects in material and workmanship for a period of twelve (12) months from the completion of start-up, provided such defects are open to discovery during the warranty period and such equipment is used by City in accordance with specific recommendations of Company to City including the pressure range for which the equipment was manufactured. The City shall be obligated to promptly report any claimed defect in writing to the Company immediately upon discovery and, in any event, within the above period. After notice from City and reasonable substantiation of the claim, at Company’s expense and request, City shall return the goods to Company FOB Company’s designated plant or service location, and Company shall, subject to City’s concurrence, either correct such defect by suitable repair to such equipment; furnish replacement goods FOB City’s facility/delivery point at Company’s expense; and /or refund the full contract price paid by City. Any repayment of purchase price shall be without interest. Company warrants any repair work performed on the equipment will meet specific requirements, if any, of this Agreement and will be done in a good and workmanlike manner. Company warrants its repair work for the period of six (6) months from completion of such repairs. Company warrants any labor performed will meet specific requirements, if any, of this Agreement and will be done in a good and workmanlike manner. Company warrants its labor for the period of ninety (90) days from completion of such labor. Further, Company assigns to City when Company is not the manufacturer of the Equipment any and all manufacturers’ and/or suppliers’ product warranties and remedies thereunder applicable to such equipment. Consistent herewith Company agrees to submit and otherwise handle all product warranty claims of City with the applicable manufacturer or supplier of the equipment and fully assist and intervene on City’s behalf in the enforcement of the manufacturers’ and suppliers’ warranties. EXCEPT AS SET FORTH HEREIN AND EXCEPT AS TO TITLE, IT IS EXPRESSLY AGREED THAT (A) THERE IS NO IMPLIED WARRANTY OF MERCHANTAB...
Company Warranty. Company represents and warrants the following: (a) the Documentation sufficiently describes features, functionality, and operation of the SaaS Service as applicable; (b) the SaaS Service, as applicable, conforms to the Documentation and is free from defects in material and workmanship; (c) the SaaS Service does not contain any viruses or other malicious threats, programs, features, or devices (“Viruses”) that could harm Customer, and Company uses commercially reasonable efforts to prevent and eradicate such Viruses. Furthermore, consistent with prevailing industry standards, Company shall maintain the SaaS Service in a manner which minimizes errors and interruptions and shall perform all ancillary services in a professional and workmanlike manner. Notwithstanding the foregoing, the SaaS Service may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, or because of other causes beyond Company’s reasonable control, but Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.
Company Warranty. 25 6.1.1 Product Warranty..............................................25 6.1.2 Product Warranty Documents....................................25 6.2
Company Warranty. Company represents and warrants to Developer that:
(a) Company has full power, right and authority to enter into this Agreement, to carry out its obligations under this Agreement, and to grant and/or assign the rights granted and/or assigned to Developer under this Agreement;
(b) the Company Information and Portal Content does not, and Developer’s use thereof in accordance with this Agreement will not, to the knowledge of Company, infringe, misappropriate or violate the Intellectual Property Rights or other proprietary interests of any third party or invade any person’s or entity’s privacy;
(c) the Company Information as provided by Company to Developer does not, to the knowledge of Company based on use of industry-standard anti-virus software prior to such delivery, contain any virus, hidden program or harmful, disruptive or destructive mechanism or device; and
(d) as between Developer and Company, Company owns all right, title and interest in and to the Domain Names used in connection with the Portal(s) (excluding any Domain Names that incorporate or reference any Developer Marks) and the Domain Names used in connection with any Portal(s) will not violate any applicable laws and regulations, or infringe on the Intellectual Property rights of any third party, contain any virus, be defamatory, libelous, threatening or harassing, obscene, pornographic or indecent; and
