Company’s Warranty. The Company represents and warrants that it is an insurance company duly organized and in good standing under Missouri law and that it has legally and validly established the Account under Section 376.309, RSMo, and has registered the Account as a unit investment trust in accordance with the provisions of the 1940 Act to serve as a segregated investment account for certain Contracts. The Company further represents and warrants that the Contracts will be registered under the 1933 Act and the Contracts will be issued and sold in compliance with all applicable Federal and State laws.
Company’s Warranty. The Company warrants that all materials, ingredients, containers and packaging manufactured or supplied by Company are free from defects in material and workmanship, and conform in all respects to all Company standards.
Company’s Warranty. Company warrants that each unit of the ------------------ Product shall comply in all respects with the Specifications and the Manufacturing Drawings and shall be free from defects in material and workmanship. Company shall either repair or replace or provide to Aastrom full credit for the purchase price of any Product which Aastrom finds to be defective due to Company's failure to comply with said warranty. If credit is not given by Company, then any such warranty repairs or replacements shall be completed within a time period not to exceed six (6) weeks of the date on which Company receives notice of any such non-compliance. All shipping and other costs incurred in connection with the repair or replacement of any such non-complying Product shall be for the account of Company. Company further warrants that the manufacture, assembly and delivery of the Products hereunder shall be (i) in compliance with all applicable federal, state and local laws, rules, regulations and executive orders known or reasonably expected to be known by Company, and (ii) performed in a professional, workmanlike manner in accordance with prevailing industry standards. THE WARRANTIES SET FORTH IN THIS SECTION 5 ARE EXCLUSIVE AND IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED.
Company’s Warranty. Company warrants during the Term that the Licensed Product, when used as permitted under this Agreement and in accordance with the instructions in the User Documentation (including use on a computer hardware and operating system platform supported by Company), will operate substantially as described in the User Documentation. Company does not warrant that use of the Licensed Product will be error-free or uninterrupted or that the Licensed Product will meet the Enterprise Partner’s operational requirements. Company is not responsible for errors or defects in the Licensed Product caused by Enterprise Partner’s failure to comply with the requirements specified in the Documentation or changes in or to the operating characteristics of the Enterprise Partner’s computer hardware or operating systems made after delivery of the Licensed Product or errors or defects in the Licensed Product caused by the interaction of the Licensed Product with any third-party programs or applications. The warranty set forth in this Section shall be void as to Licensed Product where noncompliance is caused or related to (a) any unauthorized alterations or modifications made to the Licensed Product by the Enterprise Partner, its personnel, or agents; (b) use of the Licensed Product other than in the operating environment specified in the Documentation; or (c) coding, information, or specifications created or provided by the Enterprise Partner or any third party. Company will, at its own expense and as its sole obligation and Enterprise PARTNER’S SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THIS WARRANTY, USE COMMERCIALLY REASONABLE EFFORTS TO CORRECT ANY REPRODUCIBLE ERROR IN THE LICENSED PRODUCT REPORTED TO COMPANY BY ENTERPRISE PARTNER IN WRITING. Company warrants that any Services provided by Company pursuant to the applicable Order shall be performed in accordance with the prevailing professional standards of the software industry. In the event of any breach of the warranty set forth in this Section, Company shall correct, at no additional charge to Enterprise Partner, any portion of the Services found not to meet prevailing professional standards of the software industry in accordance with the provisions of any Service Level Agreement (“SLA”) that may be in place between the Parties. In the event an SLA is not in place between the Parties, if Company fails to correct the Services found not to meet prevailing professional standards of the software industry in a commercially reasona...
Company’s Warranty. In consideration of the Underwriter entering into this Agreement and agreeing to perform its obligations hereunder, the Company hereby give the Warranties to the Underwriter as set out in the Schedule I.
Company’s Warranty. Each of Northbrook Life Insurance Company and Glenbrook Life and Annuity Company represents and warrants that it is an insurance company duly organized and in good standing under Illinois law and that it has legally and validly established the Accounts under Section 245.21 of the Illinois Insurance Code. Allstate Life Insurance Company of New York represents and warrants that it is an insurance company duly organized and in good standing under New York law and that it has legally and validly established the Accounts under Section 424.40 of the New York Insurance Laws. The Company represents that it has registered the Accounts as unit investment trusts in accordance with the provisions of the 1940 Act, unless exempt therefrom, to serve as segregated investment accounts for certain Contracts. The Company further represents and warrants that the Contracts will be registered under the 1933 Act, unless exempt therefrom, and the Contracts will be issued and sold in compliance with all applicable Federal and State laws.
Company’s Warranty. 9.1 AMI warrants and undertakes to the Customer to perform the Services (including maintenance) with reasonable care and skill;
Company’s Warranty. 8.1 The Customer shall, within seven (7) days of the supply of any Goods and/or Services (time being of the essence), notify the Company of any alleged defect, error, omission, shortage in quantity, damage or failure to comply with the description or quotation. The Customer shall afford the Company an opportunity to inspect the alleged defect, error, omission, shortage in quantity, damage or failure to comply within a reasonable time of receiving notification. If the Customer fails to give notice in accordance with this clause, the Goods or Services shall be presumed to be free from any defect, error, omission, shortage in quantity, damage or failure to comply.
Company’s Warranty. 7.1 Subject to the remainder of this clause and clause 8, the Company hereby warrants that the Goods are free from any material defect in workmanship and materials and correspond with any agreed written specification. The Company does not warrant that the Goods are fit for any particular purpose of, or intended use by, the Buyer and it is for the Buyer to satisfy itself that the Goods are so fit. The Company’s liabilities under this warranty shall be limited to:
Company’s Warranty. (a) The Company's Warranty applicable to new Motor cars shall be prominently displayed in Dealer's premises and shall be incorporated as a condition of each Motor car sale made by Dealer. No order shall be accepted by Dealer without calling the attention of the purchaser to the provisions of the Company's Warranty. Dealer shall require each buyer of a new Motor car to sign an Owner Identification Card attesting that buyer has read the provisions of the Company's Warranty. Dealer shall promptly forward the signed Owner Identification Card to the Company. Dealer is familiar with and accepts the Company's Warranty in effect at the time of this Agreement. THE COMPANY'S EXPRESS WARRANTY SHALL EXCLUDE THE IMPLICATION OF ALL OTHER WARRANTIES (INCLUDING THE DURATION OF IMPLIED WARRANTIES AS EXPRESSED THEREIN), LIABILITIES, CONDITIONS OR OBLIGATIONS WHETHER OR NOT ARISING FROM THE NEGLIGENCE, BREACH OF CONTRACT OR OTHER DEFAULT OF THE COMPANY OR OF MANUFACTURER OR ANY OF THEM OR OF THE AGENTS, SERVANTS OR EMPLOYEES OF ANY OF THEM, ALL OF WHOM DEALER HEREBY RELEASES IN EXCHANGE FOR THE COMPANY'S WARRANTY. The Company will notify Dealer in writing of any change in the provisions of the Company's Warranty to be issued in the future, but no such change shall be effective as to deliveries made to Dealer, or to any ultimate purchaser, respectively, prior to the receipt of such notice in writing by Dealer. Acceptance by Dealer of delivery of any Motor car covered by the Company's Warranty after receipt of such notice shall be deemed acceptance by Dealer of the Company's Warranty as changed.
