EXCLUSIVE REMEDY FOR BREACH OF WARRANTY Sample Clauses

EXCLUSIVE REMEDY FOR BREACH OF WARRANTY. A thirty (30)-day warranty period, commencing upon delivery of the applicable deliverable, shall apply to all deliverables that do not meet the technical specifications set forth in the applicable Statement of Work. Company is responsible only to use reasonable efforts to repair and replace (with Company bearing applicable shipping costs) any such defective deliverable component during such thirty (30)-day warranty period, and if unable to do so, then to refund a reasonably allocable portion of the monies paid by Client upon Client’s return to Company of the defective deliverable component. The remedies set forth in this Section shall constitute Client’s sole and exclusive remedy for any breach of warranty by Company.
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EXCLUSIVE REMEDY FOR BREACH OF WARRANTY. If the Services provided to You for any given month during the services term were not in accordance with the warranty specified in Section 7, You must provide written notice to Oracle no later than five (5) business days after the last day of that particular month. Your notice must contain a description of the deficiency in Services (including the Service Request number notifying Oracle of the deficiency in service) and must be submitted to xxxxxxxxxxxxxxxxx_xx@xxxxxx.xxx. If applicable, Oracle will remit a services fee credit for such month calculated in accordance with the Service Level set forth in the applicable Ordering Document for Oracle’s failure to provide the Services as warranted. The credit will be in the form of a credit towards any outstanding balance for Oracle Managed Cloud Services owed to Oracle, and the remittance of such credit WILL REPRESENT YOUR EXCLUSIVE REMEDY, AND ORACLE’S SOLE LIABILITY, FOR ALL BREACHES OF ANY WARRANTY SPECIFIED IN THIS SCHEDULE M.
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EXCLUSIVE REMEDY FOR BREACH OF WARRANTY. If during the Warranty Period, the System or System components do not conform to the Warranty set forth herein with respect to the original structure to which it was installed and if the Owner shall provided DRI-Deck with written notice of the claimed defect and otherwise comply with the terms set forth below, then within a reasonable time of its determination that the System or System components do not conform to the Warranty set forth above DRI-Deck will, at its option and in its sole discretion, one of the following: (i) provide replacement parts/components for any nonconforming or defective parts/components, or (ii) remit to Owner the percentage of the purchase price Owner paid to purchase the non-conforming System parts/components equal to the percentage of the Warranty Period remaining from the time Owner notified DRI-Deck in the manner provided below of the nonconformity. THESE REMEDIES ARE THE EXCLUSIVE AND SOLE REMEDIES FOR ANY BREACH OF WARRANTY. Consequently, without limiting the generality of the foregoing, DRI-Deck under no circumstances provide or be liable for labor costs, costs of removal or reinstallation of parts/components of the System, disposal costs, freight, taxes, or any other costs, charges or expenses incurred by Owner in connection with any nonconforming or defective parts/components
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EXCLUSIVE REMEDY FOR BREACH OF WARRANTY. If Seller breaches any warranty set forth in clause (i) or clause (ii) of Section 10, Buyer's sole and exclusive remedy for such breach shall be the replacement of the affected Product and delivery of conforming Product, at Seller's sole expense.
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EXCLUSIVE REMEDY FOR BREACH OF WARRANTY. If the Services do not conform in all material respects to the description thereof set forth in the Documentation, SmartUse shall, at its option and expense, either: (i) use reasonable efforts to correct any such non-conformities in the Services or provide you with a workaround; (ii) correct any errors or discrepancies in the Documentation; or (iii) refund the fee paid by you for the Services for the unused portion of the Subscription Term. SmartUse shall have no liability for any claim based upon (a) improper use of the Services or use of the Services not in accordance with instructions provided by SmartUse; (b) any modification of the Application or Services that is not done by SmartUse; or (c) errors caused by the infrastructure, network, communications facilities, including the internet, other software or hardware used to access the
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Related to EXCLUSIVE REMEDY FOR BREACH OF WARRANTY

  • Exclusive Remedy The foregoing shall constitute the Parties' sole and exclusive remedies and obligations with respect to a third party claim of intellectual property infringement arising out of the conduct of business under this Agreement.

  • Exclusive Remedies Subject to Section 9.12, the parties acknowledge and agree that their sole and exclusive remedy with respect to any and all claims (other than claims arising from intentional fraud on the part of a party hereto in connection with the transactions contemplated by this Agreement) for any breach of any representation, warranty, covenant, agreement or obligation set forth herein or otherwise relating to the subject matter of this Agreement, shall be pursuant to the indemnification provisions set forth in this ARTICLE VII. In furtherance of the foregoing, each party hereby waives, to the fullest extent permitted under the law, any and all rights, claims and causes of action for any breach of any representation, warranty, covenant, agreement or obligation set forth herein or otherwise relating to the subject matter of this Agreement it may have against the other parties hereto and their affiliates and each of their respective representatives arising under or based upon any law, rule or regulation, except pursuant to the indemnification provisions set forth in this ARTICLE VII. Nothing in this Section 7.05 shall limit any person’s right to seek and obtain any equitable relief to which any person shall be entitled pursuant to Section 9.12 or to seek any remedy on account of any intentional fraud by any party hereto.

  • Remedy for Breach In the event of any actual or threatened breach of any of the provisions of this Section 11 by the Architectural Designer, and in addition to any other remedies that may be available to the School District in law or equity, the School District shall be entitled to a restraining order, preliminary injunction, permanent injunction, or other appropriate relief to specifically enforce the terms of this Section 11. The parties agree that a breach of the terms of this Section 11 by the Architectural Designer would cause the School District injury not compensable in monetary damages alone, and that the remedies provided herein are appropriate and reasonable.

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