Express Warranty. The Service will be provided with the same reasonable degree of care customarily provided within the home service industry. If this express warranty is breached, then we shall, at our option, re- perform the Service or refund the Price.
Express Warranty. Subject to the limitations in these Terms, Seller warrants to Buyer only, and not Buyer’s customers or any other third parties, that the Products will be free from significant operational defects in material and workmanship for a period of 60 days from the date of sale as shown on the invoice. Seller warrants that the Products will not infringe any patent covering the Products themselves, excluding portions specified, designed, or manufactured by Buyer (the two foregoing sentences collectively, the “Warranty”). However, Seller does not warrant against infringement by reason of the use of such Products in combination with other articles or materials or in any overall process or combination and Buyer assumes all responsibility for determining whether relevant patents exist covering such use, together with all risk and liability arising out of infringement of any such patents. Seller’s liability is limited to replacing or repairing the Products, at Seller’s discretion. A Warranty replacement or repair of a claimed defective Product shall not have the effect of extending this Warranty period. The Warranty is valid only if Buyer (a) notifies Seller in writing within 30 days from discovery of any alleged nonconformity; (b) the Products are returned to Seller for inspection and testing; (c) Seller’s ’ inspection discloses to its satisfaction that any alleged nonconformance are material and have not been caused by misuse, neglect, wear and tear, improper installation, unsuitable storage, repair, alteration, or accident; and (d) the Products were installed, maintained and used in accordance with Seller instructions, if any.
Express Warranty. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS ARE SPECIFICALLY PROHIBITED BY APPLICABLE LAW, SOME OF THE EXCLUSIONS SET FORTH BELOW MAY NOT APPLY TO LICENSEE. EXHAUSTLESS SHALL USE REASONABLE SKILL AND DUE CARE IN PROVIDING THE SERVICE. THE FOLLOWING DISCLAIMERS ARE SUBJECT TO THIS EXPRESS WARRANTY. EXHAUSTLESS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT LICENSEE’S USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND LICENSEE AGREES THAT FROM TIME TO TIME EXHAUSTLESS MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT. As Is Basis. LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT THE SERVICE, INCLUDING THE MOCK AUCTION PROGRAM, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXHAUSTLESS AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON- INFRINGEMENT. IN PARTICULAR, EXHAUSTLESS AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SERVICE WILL MEET LICENSEE’S REQUIREMENTS; (II) LICENSEE’S USE OF THE SERVICE WILL BE TIMELY, UNINTERRUPTED, SECURE OR ERROR-FREE; (III) ANY INFORMATION OBTAINED BY LICENSEE AS A RESULT OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND
Express Warranty. Licensor warrants to the original Licensee that (a) the data carrier medium on which the Software is stored shall be free from defects in workmanship and material at the time of delivery to Licensee, and (b) for the warranty period specified in the relevant Purchase Order, the Software (but not Updates) shall function in material accordance with the Specifications, provided the Software is used in the manner permitted in the foregoing license, on the Specified Computer Facility and in accordance with the conditions of installation, use and operation set forth in the Product description. Licensor does not warrant that the Software will be free of defects, run without interruption, meet the expectations of Licensee, or function in combination with the hardware or software products of third parties, or that all program errors will be corrected. In addition to the foregoing, in order for a defect in the Software to be sufficiently material so as to violate the warranty set forth in letter (b) above of this paragraph, the defect must cause the Software - while being used in the manner permitted in the foregoing license - to function in a way so divergent from the Specifications that it is unsuitable for the purpose described in the Product description. Furthermore, if the required functionality can be achieved by the Licensee indirectly (through a so called “work-around”), then the applicable impairment shall not constitute a defect giving rise to duties under the foregoing warranty. Licensor’s sole obligation under the foregoing warranty shall be, at Licensor’s sole option and expense, to either (a) replace the data carrier and/or the Software, so as to materially conform with the Specifications (including, without limitation, replacement with a more recent version or equivalent software); or
(b) repair the Software by providing, correction codes, work-around solutions and/or Updates, including updated documentation and other documents; or (c) terminate this License Agreement and refund all license fees received following the return of the Software in accordance with Section 7 below. The foregoing warranty will apply to any replaced data carriers and Software until expiry of the original warranty period. The costs and risk of any delivery of Software to the service point nominated by Licensor shall be borne by Licensee.
Express Warranty. Subject to the limitations in these Terms, Seller warrants to Buyer only, and not Buyer’s customers or any other third parties, that the Products will be free from significant operational defects in material and workmanship for a period of 60 days from the date of sale as shown on the invoice. Seller warrants that the Products will not infringe any patent covering the Products themselves, excluding portions specified, designed, or manufactured by Buyer (the two foregoing sentences collectively, the “Warranty”). However, Seller does not warrant against infringement by reason of the use of such Products in combination with other articles or materials or in any overall process or combination and Buyer assumes all responsibility for determining whether relevant patents exist covering such use, together with all risk and liability arising out of infringement of any such patents. Seller’s liability is limited to replacing or repairing the Products, at Seller’s discretion. A Warranty replacement or repair of a claimed defective Product shall not have the effect of extending this Warranty period. The Warranty is valid only if Xxxxx (a) notifies Seller in writing within 30 days from discovery of any alleged nonconformity; (b) the Products are returned to Seller for inspection and testing;
Express Warranty. 1.1 Subject to the terms of this document, we warrant that the Product will be free from defects caused by faulty workmanship or materials for the relevant Warranty Period ( “Express Warranty”). The remedy for any breach of the Express Warranty will be repair or replacement of the Product pursuant to clause 1.6
Express Warranty. Epicor hereby warrants that it is authorized to enter into this Agreement and supply the Products hereunder.
Express Warranty. Seller warrants to the original purchaser of its products that the products are free from defects in workmanship and material, when operated under normal conditions and in accordance with Seller’s and/or industry recommended practices. Seller makes no warranty to those defined as consumers in the Xxxxxxxx-Xxxx Warranty-Federal Trade Commission Improvement Act. This warranty shall be in effect for a period of 60 months from the shipment date, but not to exceed 65 months from the date of manufacture as indicated by the date code stamping. To be eligible for warranty consideration all product items must be covered by acceptable documentation and received at Seller’s factory within 3 months of the date of claim according to the requirements of the HydraForce Returned Goods Policy, as revised, which is considered to be part of this limited warranty. This warranty shall not apply to products which, in the sole judgment of Seller have been inadequately maintained or shelf-preserved, subjected to contamination, negligent handling, improper installation, tampering or unauthorized disassembly. Liability under this warranty is limited to the repair or replacement, at Seller’s option, of the products determined to be defective upon examination and to be within the warranty period. The warranty period upon replacement or repair shall not extend beyond the date of expiration of the warranty period for the original product.
Express Warranty. All products sold hereunder are warranted to be free from defects in material and workmanship at the time of delivery, subject to the limitations contained herein. This express warranty is in lieu of and excludes all other warranties, express or implied, and is given to Customer exclusively, and to no others. Defective products may be returned by customer to GMP after inspection by GMP, or upon authority from GMP without inspection, after receiving return shipping instructions from GMP. Packaging of returned merchandise shall conform to the same methods employed by GMP in shipping to Customer. Credit will not be allowed for returned Products damaged beyond the original defects, which damage was occasioned by carelessness of Customer or third parties, or improper packaging for return. Products so inspected or so returned and found by GMP to be defective will be replaced or repaired without charge, but GMP shall not be liable for deficiencies and/or damage which are the result, among other things, of objects implemented by Customer, wear and tear, faulty assembly/faulty putting into service by Customer or by third parties, faulty or negligent handling, unsuitable or undue utilization, excessive operational load, disregarding of GMP utilization or instruction manuals, unsuitable operational resources, modifications and/or repairs not approved by GMP, repairs etc. effected by Customer or third parties, excessive storage time and other circumstances lying within Customer’s sphere of influence including implementing material, instructions given by Customer, etc. The liability of GMP to Customer is expressly limited to the replacement or repair of defective products. Every claim on account of defective material or workmanship or for any other cause shall be deemed waived by Customer unless made in writing to GMP within sixty (60) days from the date of the receipt of the product to which such claim relates. Replacement of defective materials, when so agreed to by GMP, shall be made on a separate order issued by Customer who undertakes to supply an adequate number of steel discs/core/carriers/etc. or other integral parts if and as required to permit replacement. CUSTOMER HEREBY WAIVES ANY AND ALL EXPRESS WARRANTIES NOT WRITTEN HEREIN AND ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMTIATION THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND THE IMPLIED WARRANTY OF MERCHANTABILITY, AND ANY REMEDIES NOT OTHERWISE STATED HEREIN.
Express Warranty. In addition to the acceptance procedures described in Article 7 above, Flextronics hereby warrants that each Product including service parts, accessories and lamps supplied hereunder are free and clear of all liens, encumbrances, security interests and other claims, and further warrants from the time of delivery for six (6) months, (“Warranty Period”) thereafter will be:
(i) manufactured in accordance with the agreed to Manufacturing and Process Documentation free from defects in workmanship.
