DELIVERY AND WARRANTY Sample Clauses

DELIVERY AND WARRANTY. 5.1. Axway shall provide Customer with the Licensed Component in object code form and with the Documentation. Full title to the Hardware Product passes to Customer upon Delivery. Products are delivered Free On Board (FOB) shipping point with freight and insurance prepaid. 5.2. The Use of certain Licensed Components will require a key. The key will be generated by Axway based on computer- dependent Customer information. Customer agrees to provide the necessary information as required to generate and activate the key. 5.3. THE TERMS OF THIS AGREEMENT ARE INSTEAD OF ALL WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS AND OBLIGATIONS IMPLIED BY STATUTE, COMMON LAW, CUSTOM, TRADE USAGE, COURSE OF DEALING OR OTHERWISE, ALL OF WHICH ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

DELIVERY AND WARRANTY. 5.1. Axway shall provide Customer with the Licensed Component in object code form and with the Documentation. Full title to the Hardware Product passes to Customer upon Delivery. Products are delivered Free On Board (FOB) shipping point with freight and insurance prepaid. 5.2. The Use of certain Licensed Components will require a key. The key will be generated by Axway based on computer- dependent Customer information. Customer agrees to provide the necessary information as required to generate and activate the key.

DELIVERY AND WARRANTY. 5.1. Axway shall provide Customer with the Licensed Component in object code form and with the Documentation. Full title to the Hardware Product passes to Customer upon Delivery. Products are delivered Free On Board (FOB) shipping point with freight and insurance prepaid. 5.2. The Use of certain Licensed Components will require a key. The key will be generated by Axway based on computer- dependent Customer information. Customer agrees to provide the necessary information as required to generate and activate the key. 5.3. Axway represents and warrants that, for a period of 90 days from Delivery (“Warranty Period”), the Product will conform to and perform in accordance with the Documentation. Unless certified by Axway, Axway does not warrant that the Product will operate in combination with other software selected by Customer, or that the Product will operate uninterrupted or free of non-material errors. Axway will modify, repair or replace the Product, at no additional charge, to correct any Defect, provided that Customer reports the Defect to Axway during the Warranty Period. In the event that Axway is unable after reasonable efforts to correct any such Defect in a Product during the Warranty Period, Customer may, in Customer’s sole discretion, terminate this Agreement in writing, discontinue use of and return such Product (along with any copies, if applicable) and then receive a full refund of the fees paid by Customer for that Product. Axway further warrants that the Product as provided by Axway will not contain any malicious code, program, or internal component (e.g., computer worm) and will have been screened using customary procedures in the industry for viruses. THE REMEDIES DESCRIBED IN THIS ARTICLE 5 SHALL BE THE SOLE AND EXCLUSIVE REMEDIES FOR DEFECTS CONTAINED IN AND FOR THE PERFORMANCE OF THE PRODUCT. 5.4. The limited warranties in Section 5.3 are conditioned upon Customer’s Use of the Product in accordance with the terms of the Documentation, and shall not apply to the extent that an error occurs because of and would not have occurred but for: (i) modifications made to the Product by a party other than Axway; (ii) Customer’s failure to implement enhancements provided by Axway; or (iii) Use of the Product in connection with any operating system, computer equipment or device which does not meet the minimum requirements set forth in the Documentation. 5.5. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS ARTICLE 5, ALL OTHER WARRANTIES ARE DISC...

DELIVERY AND WARRANTY. 5.1. Axway shall provide Customer with the Licensed Component in object code form and with the Documentation. Full title to the Hardware Product passes to Customer upon Delivery. Products are delivered Free On Board (FOB) shipping point with freight and insurance prepaid. 5.2. The Use of certain Licensed Components will require a key. The key will be generated by Axway based on computer- dependent Customer information. Customer agrees to provide the necessary information as required to generate and activate the key. 5.3. THE TERMS OF THIS AGREEMENT ARE INSTEAD OF ALL WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS AND OBLIGATIONS IMPLIED BY STATUTE, COMMON LAW, CUSTOM, TRADE USAGE, COURSE OF DEALING OR OTHERWISE, ALL OF WHICH ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. 5.4. Where Consumer Protection Legislation imposes or implies warranties, conditions or guarantees into this Agreement which cannot be excluded, nothing in this Agreement operates to exclude those warranties, conditions or guarantees, and Axway’s liability for any breach of such warranties, conditions or guarantees is limited, at Axway’s option, to: (a) in case of goods: (i) replacement of the goods or supply of equivalent goods, (ii) repair of the goods or (iii) payment of the costs of replacement of the goods or acquisition of equivalent goods; and (b) in case of services: (i) re-supply of the services or (ii) payment of the costs of re-supply of the services.

DELIVERY AND WARRANTY. 5.1 The Products will be delivered to the unloading platform or directly over the threshold of the agreed delivery address, unless otherwise agreed. If the Client refuses to accept delivery of the Products or is negligent in providing information or instructions necessary for the delivery, the resulting costs, including in any case storage costs, will be borne by the Client and the risk will nevertheless pass to the Client at that time. 5.2 Towa Europe is at all times entitled to deliver the Products in partial deliveries, unless expressly otherwise agreed in writing. 5.3 All (delivery) terms for the Products or Services mentioned and/or agreed by Towa Europe have been determined to the best of its knowledge, but are never binding or final. The mere exceedance of a stated or agreed (delivery) period does not result in default of Towa Europe, nor does it therefore result in an attributable shortcoming. If any period is exceeded, Towa Europe will deliver the Products to the Client or perform the Service for the benefit of the Client as soon as possible. 5.4 Towa Europe is never obliged to deliver Products similar to Products delivered to the Client under previously concluded agreements, but will advise the Client at the first request about similar Products if the requested Products cannot be delivered. 5.5 The Products are covered by the manufacturer’s warranty, as well as replacement and repair of defective parts of the Products.

DELIVERY AND WARRANTY. 3.1 Delivery of the Works shall be in accordance with the Commercial Terms and &Partners IT Ltd will use reasonable efforts to supply the Works by the due date and on a timely basis. Time is not of the essence unless agreed in writing. 3.2 Where the Works are software, then: 3.2.1 upon delivery by &Partners IT Ltd to Client of the Works for the final acceptance testing, the Client shall have a period of 5 business days following delivery to inspect the Works (and in accordance with any agreed acceptance tests set out in a Commercial Terms if applicable). Client shall notify &Partners IT Ltd immediately if a Defect exists, whereupon &Partners IT Ltd shall, as Client’s exclusive remedy, correct and redeliver the Works (or applicable part thereof) as soon as reasonably practicable. If Client does not notify &Partners IT Ltd of any Defect within 5 business days following delivery then Client shall be deemed to have accepted the Works; and 3.2.2 Partners IT Ltd shall correct any Defect without charge for a period of fourteen (14) days after acceptance or deemed acceptance of the Works. During this warranty period, &Partners IT Ltd shall, as Client’s exclusive remedy, correct the Works (or applicable part thereof) as soon as reasonably practicable. With respect of any Defect or bug that materially impacts on the operability of the Works which is discovered after the warranty period, then the parties shall agree in good faith the terms upon which &Partners IT Ltd may attempt to resolve the Defect or bug. 3.3 Client shall be deemed to have accepted the Works where the Works are used in a commercial or public environment. 3.4 Client shall not unreasonably withhold, delay, or condition acceptance of the Works at any time. 3.5 The Client acknowledges and agrees that the Fees payable and &Partners IT Ltd’s obligations under this Agreement are agreed pursuant to the applicable specification set out in the Commercial Terms or applicable Statement of Work and, in particular, the applicable specifications, terms and requirements of the relevant mobile and/or other software application, device and/or hardware platform (“Platform”) as set out in that specification or Statement of Work (if any) at the date of this Agreement (“Platform Terms”).

DELIVERY AND WARRANTY. The Contractor shall complete all inspection and commissioning requirements prior to final inspection. The warranty shall be issued in accordance with FAR 52.246-21. Extended warranties offered by the Contractor and its subcontractors or suppliers may be accepted at the Government’s discretion. The Contractor shall review installed equipment and prepare databases of equipment/systems with information such as scheduled maintenance, compatibility with existing systems, vendor sources, and warranty expiration dates for all systems installed at sites that will not achieve site closure by the end of the PoP. The Contractor shall also provide system O&M manuals and parts lists to the Government.

DELIVERY AND WARRANTY. Delivery Bids with deviation in delivery period mentioned in Clause No. - 5 of Section IV: Conditions of Contract (COC) by more than four (4) weeks shall be rejected.

DELIVERY AND WARRANTY. The Contractor shall complete all inspection and commissioning requirements prior to final inspection. The warranty shall be issued in accordance with FAR 52.246-21. Extended warranties offered by the Contractor and its Subcontractors or suppliers may be accepted at the Government’s discretion. The Contractor shall review installed equipment and prepare a repository of equipment/systems with information such as scheduled maintenance, compatibility with existing systems, vendor sources, and warranty expiration dates for all systems installed at sites that will not achieve site closure by the end of the POP. The Contractor shall also provide system O&M manuals and parts lists to the Government. Tasks including site restoration involving vegetation plantings, remedial construction, erosion controls shall be the guaranteed by the Contractor until the final work product is proven effective, e.g., surviving vegetation plantings.

DELIVERY AND WARRANTY. We shall inform you of the date and location of the delivery in the Notice. Subject to Clause 7 hereof, we shall warrant the merchantability of your Sedan to the extent required by the applicable laws. However, we shall not be responsible for any malfunction or damage to your Sedan directly or indirectly caused by, due to or resulting from normal wear or deterioration; natural disasters, abuse or misuse of your Sedan, negligence; accident; improper maintenance, operation, storage, transport or other use or service of your Sedan not in accordance with the Sedan maintenance handbook.