HARDWARE PERFORMANCE WARRANTY Sample Clauses

HARDWARE PERFORMANCE WARRANTY. CA warrants that the Hardware shall be substantially free from material defects in material and workmanship under normal authorized use and service and will substantially conform to the written documentation accompanying the Hardware for twelve (12) months from date of shipment (the “Hardware Warranty Period”). Any third party hardware that is (a) not manufactured by CA; (b) not embedded within the CA Offerings manufactured by CA; or (c) identified as separate items on CA’s price list or quotes shall be subject exclusively to the manufacturer’s warranty for such third party hardware.
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HARDWARE PERFORMANCE WARRANTY. 9.1 CA warrants that the Hardware shall be substantially free from material defects in material and workmanship under normal authorized use and service and will substantially conform to the written documentation accompanying the Hardware for twelve (12) months from date of shipment (the “Hardware Warranty Period”). Any third party hardware that is (a) not manufactured by CA; (b) not embedded within the CA Offerings manufactured by CA; or (c) identified as separate 7.2. メインフレーム用ソフトウェアについては、お客様が本契約を遵守することを条件として、CA は、メインフレーム・ソフトウェアが、契約期間中、ドキュメンテーションに定められた該当仕様に実質的に従って動作することを保証します。 8. ソフトウェア性能保証の救済策 8.1. CA が性能保証と題する条項に定められた保証に違反した場合、CA は、お客様との協議により (i) 業界の標準に従い、✎✎る欠陥を是正するために合理的な努力を払う✎、(ii) CA ソフトウェアを実質的にドキュメンテーションに適合するものと交換する✎、または (iii) ライセンスを解除し、支払済のライセンス料および／またはサポート料を比例案分でお客様または CA パートナー（そこ✎ら不適合の CA オファリングが調達された）に返金する✎、いずれ✎の方法によりお客様を救済します。選択肢 (iii) が適用される場合、比例案分による返金は、適用されるトランザクション・ドキュメントの残余月数に基づき計算される✎、CA ソフトウェアが無期✲ライセンスでライセンスされている場合、返金の計算のみを目的として償却年数を 3 年として計算されます。CA に保証違反が生じた場合は、上記救済をもって、当該違反に関してお客様に与えられる唯一の救済とし、CA が負担する義務のすべてとします。 8.2. 保証の救済策は、(i) 報告されたエラーまたは欠陥が、CA によって合理的に再現可能であること、(ii) CA ソフトウェアが修正されておらず、✎つ CA のドキュメンテーションに従って使用されていること、✎つ (iii) 違反が CA 製以外の製品もしくはサービスの全部または一部に起因しないことを条件とします。 9. ハードウェア性能保証 9.1 CA は、通常の認定された使用とメンテナンスのもとではハードウェアの材料面および技量面での重大な欠陥が実質的に存在しないこと、また、ハードウェアが出荷日より 12 ヶ月間（以下「ハードウェア保証期間」 items on CA’s price list or quotes shall be subject exclusively to the manufacturer’s warranty for such third party hardware.
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HARDWARE PERFORMANCE WARRANTY. 11.1 VOICETEK warrants to NTI (or a NORTHERN TELECOM COMPANY) that each unit of HARDWARE PRODUCTS as delivered by VOICETEK hereunder will, under normal use and service, be free from defects in materials and workmanship during the WARRANTY PERIOD and shall conform to the SPECIFICATIONS in effect on the SHIPMENT DATE. VOICETEK's sole obligation and NTI's sole remedy under this HARDWARE performance warranty are limited to the (a) VOICETEK's receipt of written notice of a defect in HARDWARE PRODUCTS from NTI within the WARRANTY PERIOD; and (b) the HARDWARE PRODUCTS not having been altered or repaired BY others without VOICETEK's written consent except in cases where NTI purchases hardware not manufactured BY VOICETEK direct from VOICETEK's suppliers) and such direct purchase and installation is undertaken by NTI or NTI's qualified technicians; and (c) the alleged defect not being the result of mishandling, improper servicing or improper operation (including use in conjunction with hardware electrically or mechanically incompatible). This warranty shall survive inspection, acceptance and payment. 11.2 VOICETEK warrants to NTI and/or NORTHERN TELECOM COMPANIES that all HARDWARE PRODUCTS shipped pursuant to the AGREEMENT will be manufactured and/or assembled from new and unused components. 11.3 No HARDWARE PRODUCTS shall be returned to VOICETEK without VOICETEK's authorization pursuant to an RMA issued by VOICETEK's designated repair coordinator. The costs and risk of loss associated with shipping defective HARDWARE PRODUCTS to VOICETEK's factory shall be borne by NTI, a NORTHERN TELECOM COMPANY or MANUFACTURING LICENSEE. Costs and risk of loss associated with returning repaired or replacement HARDWARE PRODUCTS to NTI or a NORTHERN TELECOM COMPANY or MANUFACTURING LICENSEE shall be borne by VOICETEK. VOICETEK shall return the repaired HARDWARE PRODUCTS or a replacement within the WARRANTY REPAIR PERIOD. In all cases, an RMA shall be issued within one (1) business day of a request therefor by NTI or a NORTHERN TELECOM COMPANY or MANUFACTURING LICENSEE. 11.4 In the event NTI or a NORTHERN TELECOM COMPANY or MANUFACTURING LICENSEE contacts VOICETEK and requests an RMA, and the defective HARDWARE PRODUCTS are circuit boards under warranty, VOICETEK shall upon request by NTI, NORTHERN TELECOM COMPANIES or MANUFACTURING LICENSEES ship replacement boards within twenty-four (24) hours to the requesting office of NTI or NORTHERN TELECOM COMPANIES or MANUFACTURING LICENSEE...
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Related to HARDWARE PERFORMANCE WARRANTY

  • Performance Warranty Contractor shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to County’s satisfaction. Contractor shall be responsible for the professional quality, technical assurance, timely completion and coordination of all documentation and other goods/services furnished by the Contractor under this Contract. Contractor shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of County required in its governmental capacity, in connection with performance of the work. If permitted to subcontract, Contractor shall be fully responsible for all work performed by subcontractors.

  • Software Performance HP warrants that its branded software products will conform materially to their specifications and be free of malware at the time of delivery. HP warranties for software products will begin on the date of delivery and unless otherwise specified in Supporting Material, will last for ninety (90) days. HP does not warrant that the operation of software products will be uninterrupted or error-free or that software products will operate in hardware and software combinations other than as authorized by HP in Supporting Material.

  • PERFORMANCE/ WARRANTIES Supplier warrants and undertakes that the Deliverables will be free from defects in material and workmanship and will conform to any specifications or requirements in the Agreement or agreed upon by the Parties in writing. Supplier warrants that if any Deliverable(s) fails to meet any such specifications or requirements or is otherwise nonconforming, Supplier will, at its own cost and expense and within 10 days of its receipt of written notice of such failure, either correct such deficiency or provide a plan acceptable to Accenture for correcting such deficiency. If such deficiency is not corrected within such 10-day period or a corrective plan is not accepted by Accenture, Accenture will have the option to require Supplier to: (i) provide a full refund; or (ii) promptly replace or reperform the Deliverable(s) at no charge. All Deliverables will be subject to an inspection and acceptance by Accenture, even if the Parties have not set forth any specifications or requirements regarding the Deliverables in the Agreement.

  • Contractor’s Performance Warranties Contractor represents and warrants to the State that: (i) Each and all of the services shall be performed in a timely, diligent, professional and skillful manner, in accordance with the highest professional or technical standards applicable to such services, by qualified persons with the technical skills, training and experience to perform such services in the planned environment. (ii) Any time software is delivered to the State, whether delivered via electronic media or the internet, no portion of such software or the media upon which it is stored or delivered will have any type of software routine or other element which is designed to facilitate unauthorized access to or intrusion upon; or unrequested disabling or erasure of; or unauthorized interference with the operation of any hardware, software, data or peripheral equipment of or utilized by the State. Without limiting the generality of the foregoing, if the State believes that harmful code may be present in any software delivered hereunder, Contractor will, upon State’s request, provide a new or clean install of the software. Notwithstanding the foregoing, Contractor assumes no responsibility for the State’s negligence or failure to protect data from viruses, or any unintended modification, destruction or disclosure. (iii) To the extent Contractor resells commercial hardware or software it purchased from a third party, Contractor will, to the extent it is legally able to do so, pass through any such third party warranties to the State and will reasonably cooperate in enforcing them. Such warranty pass-through will not relieve the Contractor from Contractor’s warranty obligations set forth herein.

  • Service Warranty Provider has carefully examined and analyzed the provisions of this Agreement, including but not limited to all exhibits attached and incorporated into it, and can and will perform, or cause, the Services to be performed in strict accordance with the provisions and requirements of the Agreement. Services will be performed in a timely, professional and workmanlike manner in accordance with all applicable industry and professional standards.

  • Hardware Warranty Company warrants that for a period of one (1) year from delivery of Hardware, Hardware will be free from defects in material and workmanship in normal use, but does not cover any of the following: (i) improper installation, maintenance, adjustment, repair or modification by Customer or a third party; (ii) misuse, neglect, or any other cause other than ordinary use, including without limitation, accidents or acts of God; (iii) improper environment, excessive or inadequate heating or air conditioning, electrical power failures, surges, water damage or other irregularities; (iv) third party software or software drivers; or (v) damage during shipment.

  • Registry Performance Specifications Registry Performance Specifications for operation of the TLD will be as set forth in Specification 10 attached hereto (“Specification 10”). Registry Operator shall comply with such Performance Specifications and, for a period of at least one (1) year, shall keep technical and operational records sufficient to evidence compliance with such specifications for each calendar year during the Term.

  • Software Warranty We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the maintenance and support process set forth in Section C(9), below, the SLA and our then current Support Call Process.

  • Service Warranties Contractor warrants that: (i) the Services will be rendered with promptness and diligence and will be executed in a workmanlike manner, in accordance with the practices and professional standards used in well-managed operations performing services similar to the Services; and (ii) Contractor will perform the Services in the most cost-effective manner consistent with the required level of quality and performance. Contractor warrants that each Deliverable will conform to and perform in accordance with the requirements of this Agreement and all applicable specifications and documentation. For each such Deliverable, the foregoing warranty shall commence for such Deliverable upon the JBE’s acceptance of such Deliverable, and shall continue for a period of one (1) year following acceptance. In the event any Deliverable does not to conform to the foregoing warranty, Contractor shall promptly correct all nonconformities to the satisfaction of the JBE.

  • Limited Software Warranty MyECheck represents, warrants, and covenants that: MyECheck warrants to the original end user (“Customer”), and not to subsequent end users, of the Extreme Networks software product (“Software”) that for ninety (90) days from the date of installation of the Software from MyECheck, the Software shall substantially conform with the specification for the Software at the (“Documentation”). MyECheck does not warrant (i) that the Software is error free, (ii) that Customer will be able to operate the Software without problems or interruptions or (iii) that the Software will be free of vulnerability to intrusion or attack. Except for the limited warranty set forth in this section, the Software is provided “AS IS.”

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