In Warranty Sample Clauses

In Warranty. (i) If Repair Services were the result of a breach of warranty: no charge. (ii) If no breach of warranty is found: as set forth in the Repair Fee Schedule. (iii) For any failure analysis Customer requests: as mutually agreed by the Parties.
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In Warranty. Parts which are covered by a HITEL warranty that has not expired and is otherwise in effect and which are not subject to any exceptions, exclusions or the like (including but not limited to exceptions listed in the Authorized Distributor Agreement) will be treated as in-warranty according to the warranty provisions set out in the Distributor Agreement.
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In Warranty. In the event Equipment under warranty is returned to Nortel and is judged by Nortel to be beyond repair due to faulty material or workmanship, Nortel will replace the defective Equipment with a new, repaired, or functionally equivalent unit at no cost to Buyer.
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In Warranty. IN represents and warrants that, as of the Effective ----------- Date: (a) other than the third-party licenses set forth in Exhibit C and the --------- rights granted therein, it and its licensors are the sole and rightful owners of all right, title and interest in and to the Licensed Patents and it has the unrestricted right to license the Licensed Patents in the jurisdictions of the Territory where the Licensed Patents have issued, including the right to grant the licenses granted to TW hereunder in such jurisdictions; (b) it has performed all corporate actions and received all corporate authorizations necessary to execute and deliver this Agreement and to perform its obligations hereunder and this Agreement is valid, binding and enforceable against it (subject to applicable principles of equity and bankruptcy and insolvency laws); (c) to the best of its knowledge, other than as set forth in Exhibit D attached hereto, (a) no unresolved claims have been made in respect of the Licensed Patents and no demands of any third party have been made pertaining to them, and (b) no proceedings have been instituted or are pending or threatened that challenge the rights of IN in respect thereof; (d) the patents set forth in Exhibit B comprise all of IN's patents in the --------- Interactive Field of Use issued in the Territory as of the Effective Date; (e) it has and shall maintain the power and authority and all material governmental licenses, authorizations, consents and approvals to be obtained within the United States to own its assets, carry on its business and to execute, deliver, and perform its obligations under this Agreement; and (f) there are no (A) non-governmental third parties or (B) governmental or regulatory entities in the United States who are entitled to any notice of the transaction, licenses and services contemplated hereunder or whose consent is required to be obtained by IN for the consummation of the transaction contemplated hereunder.
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In Warranty. Distributor shall provide trouble shooting and technical support to its customers in the Territory. In the event that a Workstation or Spare is found to be defective during the Warranty Period, Distributor shall replace such Workstation or Spare from its parts depot and hold such defective Workstation or Spare for DiaSys' instructions together with: i the name and address of Distributor's sales/service person to contact with questions concerning the Workstation or Spare; ii a description of the defect in the Workstation or Spare; and, iii a description of any remedial measures taken in the field to repair such Workstation or Spare. DiaSys, upon such inspection, shall reasonably determine whether such Workstation or Spare is defective under Warranty. If under Warranty, DiaSys will repair or replace such defective Workstation or Spare at no cost to Distributor.
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In Warranty. If the Product(s) and/or Spares Delivered to IMI hereunder are found in need of repair or replacement, IMI shall notify DSC thereof. Upon receipt by DSC of such notice from IMI, DSC shall promptly issue to IMI a Return Merchandise Authorization number. IMI will return the unit of Product in need of repair or replacement with the following information: (i) IMI's name and address; (ii) name and telefax number of IMI's employee(s) to contact with questions concerning Product; (iii) a description of the defect in Product if known; and, (iv) a description of any remedial measures taken in the field to repair such Product. If the Product fails to conform to the Warranty and is returned within the Warranty period, DSC shall bear all costs associated with the repair or replacement, at DSC's options, of the defective unit and all shipping by UPS ground from and to IMI's facility any place in the continental United States.
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In Warranty. 1. Supplier shall make available telephonic Technical Assistance Center (TAC) SERVICE, twenty-four (24) hours per day, seven (7) days per week, utilizing Supplier’s technical information for installation, testing, operation, maintenance, use, and analysis, all at the no charge to Purchaser. 2. In the event of an emergency or service-affecting condition involving the SYSTEM or PRODUCT, Supplier shall provide immediate technical support and shall work continuously until such emergency and/or service-affecting condition is remedied.
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In Warranty. The following provisions define the obligations of the parties in the event, under normal and proper use, a defect or non-conformity appears in PRODUCT during the applicable warranty period, as set forth in Article 14 hereof, entitled WARRANTIES. 1. Purchaser must notify Supplier in writing of the claimed defect or nonconformity of PRODUCT not later than thirty (30) days after the expiration of the applicable warranty period.
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Related to In Warranty

  • Representation / Warranty a. All statements contained herein or made in the Proclamation of Sale or otherwise relating to the Property are made without responsibility on the part of the Assignee, the Assignee’s Solicitors, the Auctioneer or their respective servants or agents. b. Such statements are statements of opinions and are not to be taken or relied upon as or implying a statement or representation of fact and any intending bidders must satisfy themselves by inspection or otherwise as to the correctness of any such statements. c. Neither the Assignee, the Assignee’s Solicitors, the Auctioneer nor any person in their employment has any authority to make or give any representation or warranty whatsoever in relation to the Property. d. No error, mis-statement, mis-description, omission or the existence of and/or intention for encroachment or acquisition shall annul the sale nor shall any abatement or compensation be allowed in respect thereof.

  • Price Warranty The Contractor warrants that the prices for the items sold to the City hereunder are not less favorable than those currently extended to any other customer for the same or similar items in similar quantities. The Contractor warrants that prices shown on this Purchase Order/Vendor Contract are complete, and that no additional charge of any type shall be added without the City’s express written consent.

  • Title Warranty Assignor warrants that: a. Except as specifically set forth in the Purchase and Sale Agreement described in Article 10. below or under the contracts and agreements listed in Exhibit 1 to this Assignment, and further except as a consequence of the formation of a unit, neither Assignor nor any parent, subsidiary or affiliate of Assignor during their respective periods of ownership has (A) executed any deed, conveyance, assignment or other instrument as an assignor, grantor, sublessor or in another capacity or (B) has breached any obligation under any Lease that would (i) result in Assignee's being entitled to receive less than the net revenue interest for any Lease, well or unit set forth in Exhibit 1 of all oil and gas in, under, and that may be produced, saved and marketed from or attributable to such Lease, well or unit, or (ii) obligate Assignee to bear the costs and expenses relating to the maintenance, development and operation of such Lease, well or unit in an amount greater than the working interest for such Lease, well or unit set forth in Exhibit 1, unless the net revenue interest attributable to said working interest is increased by a proportionate or greater amount; and b. Except as specifically set forth in the Purchase and Sale Agreement described in Article 10. below or under the contracts and agreements listed in Exhibit 1 to this Assignment, the Assets are free of all liens, security interests and encumbrances; (the limited warranty set forth in subparagraphs (a) and (b) above shall hereinafter be referred to as the Special Limited Warranty ). Assignor shall convey the Assets with no warranty whatsoever other than the Special Limited Warranty, but with full substitution and subrogation to Assignee in and to all covenants, agreements, representations and warranties made by others heretofore given or made in connection with the Assets or any part thereof.

  • Virus Warranty The Contractor represents and warrants that Licensed Software contains no known viruses. Contractor is not responsible for viruses introduced at Licensee’s site.

  • Limited Warranty Seller warrants to Customer for a period of twelve (12) months following delivery only that (a) the Products shall conform to the description and specifications, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATES.

  • 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.

  • Breach of Representation or Warranty Any representation or warranty made or deemed made by Borrower to Lender herein or in any of the other Loan Documents or in any statement, certificate or financial statements at any time given by Borrower pursuant to any of the Loan Documents shall be false or misleading in any material respect on the date as of which made.

  • Breach of Representations or Warranties Any representation or warranty made by the Borrower to the Lenders or the Administrative Agent under this Agreement, or any certificate or information delivered in connection with this Agreement, shall be false in any material respect when made or deemed made.

  • Manufacturer’s Warranty The Goods include the manufacturer’s standard limited parts warranty to replace defective parts covered under such warranty exclusive of labor. Labor is warranted by the Elevator Contractor for 90 days following installation. The manufacturer’s parts warranty may require that the Goods be maintained throughout the warranty period by an authorized manufacturer’s representative under a separate maintenance contract. Any warranty is conditioned on written notice to the Elevator Contractor within warranty period and contingent upon receipt of final payment to Elevator Contractor.

  • MEDIA WARRANTY If Symantec provides the Licensed Software to You on tangible media, Symantec warrants that the magnetic media upon which the Licensed Software is recorded will not be defective under normal use, for a period of ninety (90) days from delivery. Symantec will replace any defective media returned to Symantec within the warranty period at no charge to You. The above warranty is inapplicable in the event the Licensed Software media becomes defective due to unauthorized use of the Licensed Software. THE FOREGOING IS YOUR SOLE AND EXCLUSIVE REMEDY FOR SYMANTEC’S BREACH OF THIS WARRANTY.

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