CUSTOMER REMEDIES. 5.1. If the Supplier (a) fails to deliver the Goods and/or the Goods do not comply with any of the undertakings or warranties set out in clause 2 and/or (b) fails to deliver and/or perform the Services in accordance with any of the warranties or undertakings contained in clause 4 and/or by the applicable date(s), the Customer shall, without limiting or affecting other rights or remedies available to it, have one or more of the following rights to:
5.1.1. terminate the Agreement with immediate effect by giving written notice to the Supplier;
5.1.2. reject the Goods (in whole or in part) whether or not title has passed and to return them to the Supplier at the Supplier’s own risk and expense;
5.1.3. require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods;
5.1.4. require Supplier to re-perform, rectify or replace the affected Services and/or Deliverables;
5.1.5. refuse to accept any subsequent performance of the Services and/or delivery of the Goods which the Supplier attempts to make;
5.1.6. recover from the Supplier any costs incurred by the Customer in obtaining substitute goods and/or services from a third party;
5.1.7. require a refund from the Supplier of sums paid in advance for Services that the Supplier has not provided and/or Goods that it has not delivered; and
5.1.8. claim damages for any additional costs, loss or expenses incurred by the Customer which are in any way attributable to the Supplier’s breach.
5.2. Notwithstanding any other rights or remedies available to Customer if the Goods are not delivered by the applicable date, the Customer may, at its option, claim or deduct 3% of the price of the Goods for each week’s delay in delivery, up to a maximum of 15% of the total price of the Goods. In the event such delay continues for six (6) weeks or more, Customer may terminate the Agreement with immediate effect upon given Supplier written notice.
5.3. These Terms shall extend to any substituted or remedial services and/or repaired or replacement goods supplied by the Supplier.
5.4. The Customer’s rights under the Agreement are in addition to its rights and remedies implied by statute and common law.
CUSTOMER REMEDIES. XxxxxxxxxxXxxxxx.xxx's entire liability and your exclusive remedy shall be, at XxxxxxxxxxXxxxxx.xxx's option, either refund of the price paid for the defective Software, or repair or replacement of the defective Software, in each case upon return to XxxxxxxxxxXxxxxx.xxx during the warranty period. You must return the defective Software product to XxxxxxxxxxXxxxxx.xxx with a copy of your purchase receipt. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
CUSTOMER REMEDIES. Lidor Systems entire liability and your exclusive remedy shall be, at Lidor Systems option, either (a) return of the price paid or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet Lidor Systems Limited Warranty and which is returned to Lidor Systems with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
CUSTOMER REMEDIES. Investintech's and its suppliers' entire liability and Your exclusive remedy shall be, at Investintech's option, either (a) return of the price paid, or (b) repair or replacement of the SOFTWARE PRODUCT or hardware that does not meet Investintech's Limited Warranty and which is returned to Investintech with a copy of Your receipt. This Limited Warranty is void if failure of the SOFTWARE PRODUCT or hardware has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT or hardware will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. Outside Canada, neither these remedies nor any product support services offered by Investintech are available without proof of purchase from an authorized international source.
CUSTOMER REMEDIES. 6.1 If the Contractor fails to deliver the Goods and/or perform the Services by the applicable date or within a satisfactory timeframe as deemed by the Client, the Client, without limiting or affecting other rights or remedies available to it, have one or more of the following rights:
(a) to terminate the Contract with immediate effect by giving written notice to the Contractor;
(b) to refuse to accept any subsequent performance of the Services and/or delivery of the Goods which the Contractor attempts to make;
(c) to recover from the Contractor any costs incurred by the Agent and/or the Client in obtaining substitute goods and/or services from a third party;
(d) to require a refund from the Contractor of sums paid in advance for Services that the Contractor has not provided and/or Goods that it has not delivered; and
(e) to claim damages for any additional costs, loss or expenses incurred by the Agent and/or the Client which are in any way attributable to the Contractor’s failure to meet such dates.
6.2 If the Contractor has delivered Goods that do not comply with the undertakings set out in Clause 3.1, then, without limiting or affecting other rights or remedies available to it, the Client shall have one or more of the following rights, whether or not it has accepted the Goods:
(a) to terminate the Contract with immediate effect by giving written notice to the Contractor;
(b) to reject the Goods (in whole or in part) whether or not title has passed and to return them to the Contractor at the Contractor’s own risk and expense;
(c) to require the Contractor to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods;
(d) to refuse to accept any subsequent delivery of the Goods which the Contractor attempts to make;
(e) to recover from the Contractor any expenditure incurred by the Client in obtaining substitute goods from a third party; and
(f) to claim damages for any additional costs, loss or expenses incurred by the Client arising from the Contractor’s failure to supply Goods in accordance with Clause 3.1.
6.4 These Conditions shall extend to any substituted or remedial services and/or repaired or replacement goods supplied by the Contractor.
6.5 The Agent’s and/or the Client’s rights under the Contract are in addition to its rights and remedies implied by statute and common law.
CUSTOMER REMEDIES. In the event of any breach of warranty or other duty owed by nablet, nablet and its suppliers' entire liability and your exclusive remedy shall be, at nablet option, either (a) return of the price paid by you for the SOFTWARE PRODUCT (not to exceed the suggested U.S. retail price) if any, (b) repair or replacement of the defective SOFTWARE PRODUCT or (c) re-performance of the Support Services. This Limited Warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE PRODUCT will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. NO OTHER WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NABLET AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE PRODUCT AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES. THE LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHERS, WHICH VARY FROM STATE/JURISDICTION TO STATE/JURISDICTION. SOME STATES AND JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF OR LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TO THE EXTENT IMPLIED WARRANTIES MAY NOT BE ENTIRELY DISCLAIMED BUT IMPLIED WARRANTY LIMITATIONS ARE ALLOWED BY APPLICABLE LAW, IMPLIED WARRANTIES ON THE SOFTWARE PRODUCT, IF ANY, ARE LIMITED TO NINETY (90) DAYS.
CUSTOMER REMEDIES. If the Supplier fails to deliver the Goods and/or perform the Services by the applicable date or in compliance with its obligations under this Contract, the Customer shall, in its sole discretion and without limiting any of its other rights or remedies, have one or more of the following rights:
CUSTOMER REMEDIES. When Licensee reports any problems with the Software, Vendor has the option to fix and send changes to Licensee in the timeframe decided by Vendor.
CUSTOMER REMEDIES. ANYCHART’s and its suppliers’ entire liability and your exclusive remedy shall be, at ANYCHART’s option, either (a) return of the price paid, if any, or (b) repair or replacement of the Software that does not meet ANYCHART’s Limited Warranty and which is returned to ANYCHART with a copy of your receipt. This Limited Warranty is void if failure of the Software has resulted from accident, abuse or misapplication. Any replacement Software will be warranted for the remainder of the original warranty period or thirty (30) days, to be determined by whichever is longer.
CUSTOMER REMEDIES. If the Software or Services do not conform to the Limited Warranty above, Trend Micro’s entire liability and Your sole remedy shall be, at Trend Micro’s option, for Trend Micro to:
(a) use commercially reasonable efforts to correct the error in the Software; (b) help You work around or avoid the Software error; (c) refund You the cost of the Software; (d) re-perform the Services; or (e) refund any prepaid fees for Services after the date of breach of the Limited Warranty; provided that You notify Trend Micro of Your claim under the Limited Warranty within the warranty period.
