Common use of Limited Product Warranty Clause in Contracts

Limited Product Warranty. Company hereby warrants ("Limited Warranty") only to the purchaser that first activates the Product, that the Product will be free from defects in workmanship and materials for a period ("Limited Warranty Period") of one (1) calendar year after the date that you purchased the Product. The Limited Warranty does not apply to normal wear and tear and does not cover repair or replacement if the Product is damaged by tampering, misuse, accident, abuse, neglect, improper installation, misapplication, alteration of any kind, disaster, defects due to repairs or modifications made by anyone other than Company or an authorized service representative of Company, or reception problems caused by signal conditions or cable or antenna systems outside the Product. Further, the Limited Warranty does not apply to physical damage of any nature whatsoever to the Product, including any opening or attempted opening of the Product, and any such opening or attempted opening of the Product shall render the Limited Warranty invalid. REPAIR OR REPLACEMENT OF A DEFECTIVE PRODUCT IS YOUR SOLE AND EXCLUSIVE REMEDY UNDER THE LIMITED WARRANTY. SOFTWARE LOADED ON THE PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY. COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES FOR BREACH OF THE LIMITED WARRANTY. IN ADDITION, YOU ACKNOWLEDGE THAT COMPANY DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS, AND YOU EXPRESSLY WAIVE, ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY WARRANTY ARISING OUT OF ANY PROPOSAL, SPECIFICATION, OR SAMPLE. THE TERM OF ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW SHALL BE LIMITED TO THE DURATION OF THE FOREGOING EXPRESS WARRANTY PERIOD. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND/OR DO NOT ALLOW LIMITATIONS ON THE AMOUNT OF TIME AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. You agree that neither Company nor any other party has made any representations or warranties, nor have you relied on any representations or warranties, express or implied, including any implied warranty of merchantability or fitness for any particular purpose with respect to the Products. You acknowledge that no affirmation of fact or statement (whether written or oral) made by Company, its representatives, or any other party outside of this Agreement with respect to the Products shall be deemed to create any express or implied warranty on the part of Company or its representatives. To obtain warranty service contact the Customer Service Department using the support number located on the website you were provided when you purchased the product. Provide them with the IMEI (International Mobile Equipment Identity) number printed on each product label for warranty coverage verification. Upon verification of coverage, a return authorization number (“RA#”) will be issued and provided to you by fax, email, or over the phone. Package product(s) and send to Company with the RA# clearly written on the outside of each package (returns without an RA# will be rejected) and ship to: Connected Dealer Services, LLC Attn: CarRx Returns, 00000 Xxxxxxxxx Xxx, Irvine, CA 92614 (Note: You are responsible for shipping charges to the returns department). Company will test all properly returned products to determine if they are defective. If the product is defective Company will provide replacement of the defective product(s) and Company is responsible for shipping charges back to you. If the product is not defective, you will be charged $9.95 to cover the cost of testing the product and you are responsible for the shipping charges back to you.

Appears in 1 contract

Samples: Subscription Service Agreement and Terms of Purchase

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Limited Product Warranty. Company hereby warrants ("Limited Warranty") only to the purchaser that first activates the Product, that the Product will be free from defects in workmanship and materials for a period ("Limited Warranty Period") of one (1) calendar year after the date that you purchased the Product. The Limited Warranty does not apply to normal wear and tear and does not cover repair or replacement if the Product is damaged by tampering, misuse, accident, abuse, neglect, improper installation, misapplication, alteration of any kind, disaster, defects due to repairs or modifications made by anyone other than Company or an authorized service representative of Company, or reception problems caused by signal conditions or cable or antenna systems outside the Product. Further, the Limited Warranty does not apply to physical damage of any nature whatsoever to the Product, including any opening or attempted opening of the Product, and any such opening or attempted opening of the Product shall render the Limited Warranty invalid. REPAIR OR REPLACEMENT OF A DEFECTIVE PRODUCT IS YOUR SOLE AND EXCLUSIVE REMEDY UNDER THE LIMITED WARRANTY. SOFTWARE LOADED ON THE PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY. COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES FOR BREACH OF THE LIMITED WARRANTY. IN ADDITION, YOU ACKNOWLEDGE THAT COMPANY DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS, AND YOU EXPRESSLY WAIVE, ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY WARRANTY ARISING OUT OF ANY PROPOSAL, SPECIFICATION, OR SAMPLE. THE TERM OF ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW SHALL BE LIMITED TO THE DURATION OF THE FOREGOING EXPRESS WARRANTY PERIOD. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND/OR DO NOT ALLOW LIMITATIONS ON THE AMOUNT OF TIME AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. You agree that neither Company nor any other party has made any representations or warranties, nor have you relied on any representations or warranties, express or implied, including any implied warranty of merchantability or fitness for any particular purpose with respect to the Products. You acknowledge that no affirmation of fact or statement (whether written or oral) made by Company, its representatives, or any other party outside of this Agreement with respect to the Products shall be deemed to create any express or implied warranty on the part of Company or its representatives. To obtain warranty service contact the Customer Service Department using the support number located on the website you were provided when you purchased the product. Provide them with the IMEI (International Mobile Equipment Identity) number printed on each product label for warranty coverage verification. Upon verification of coverage, a return authorization number (“RA#”) will be issued and provided to you by fax, email, or over the phone. Package product(s) and send to Company with the RA# clearly written on the outside of each package (returns without an RA# will be rejected) and ship to: Connected Dealer Services, LLC Attn: CarRx ELO GPS Returns, 00000 Xxxxxxxxx Xxx, Irvine, CA 92614 (Note: You are responsible for shipping charges to the returns department). Company will test all properly returned products to determine if they are defective. If the product is defective Company will provide replacement of the defective product(s) and Company is responsible for shipping charges back to you. If the product is not defective, you will be charged $9.95 to cover the cost of testing the product and you are responsible for the shipping charges back to you.

Appears in 1 contract

Samples: Subscription Service Agreement and Terms of Purchase

Limited Product Warranty. Company hereby B&L represents and warrants to AERIE that ("Limited Warranty"i) only to at the purchaser that first activates the Producttime of delivery, that the Product will be manufactured and supplied hereunder to conform to cGMPs, meet mutually agreed upon product specifications as modified from time to time, and will meet the requirements of the Act, and other applicable laws and regulations, (ii) all Product supplied by B&L under this Agreement shall be merchantable, free from defects in workmanship and materials for a period shall not be adulterated or misbranded within the meaning of the ACT, as amended, ("Limited Warranty Period"iii) of one (1) calendar year after the date that you purchased the Product. The Limited Warranty does not apply to normal wear and tear and does not cover repair or replacement if B&L shall manufacture the Product in accordance with the Specifications of this Agreement and the Quality Agreement and in a facility that complies with all Applicable Laws, and is damaged covered by tamperingall necessary registrations and licenses, misuseand B&L shall maintain all such registrations and licenses during the Term hereof, accident, abuse, neglect, improper installation, misapplication, alteration of any kind, disaster, defects due to repairs or modifications made by anyone other than Company or an authorized service representative of Company, or reception problems caused by signal conditions or cable or antenna systems outside the Product. Further, the Limited Warranty does not apply to physical damage of any nature whatsoever (iv) when applicable to the Productwork performed by B&L, including any opening or attempted opening of B&L will adhere to Applicable Laws, (v) B&L shall store all API and Product in a secure facility and in accordance with the ProductSpecifications and all Applicable Laws, and any such opening or attempted opening of the Product (vi) B&L shall render the Limited Warranty invalid. REPAIR OR REPLACEMENT perform all services to accepted industry standard.. THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF A DEFECTIVE PRODUCT IS YOUR SOLE AND EXCLUSIVE REMEDY UNDER THE LIMITED WARRANTY. SOFTWARE LOADED ON THE PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY. COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES FOR BREACH OF THE LIMITED WARRANTY. IN ADDITION, YOU ACKNOWLEDGE THAT COMPANY DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS, AND YOU EXPRESSLY WAIVE, ALL OTHER WARRANTIES, WHETHER EXPRESSED, WARRANTIES EXPRESS OR IMPLIED, OR STATUTORYINCLUDING, INCLUDING WITHOUT LIMITATION ALL BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. EXCEPT WHERE B&L COMMITS A WILLFUL, GROSSLY NEGLIGENT OR USEINTENTIONAL BREACH OF ANY MATERIAL PROVISION UNDER THIS AGREEMENT, B&L SHALL NOT BE RESPONSIBLE OR LIABLE UNDER ANY PROVISION OF THIS AGREEMENT OR UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY RESULTANT INDIRECT, INCIDENTAL, OR ANY WARRANTY ARISING OUT OF ANY PROPOSALCONSEQUENTIAL DAMAGES INCLUDING, SPECIFICATION, OR SAMPLE. THE TERM OF ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW SHALL BE BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS FROM B&L’S FAILURE TO PROVIDE THE DURATION OF THE FOREGOING EXPRESS WARRANTY PERIOD. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND/PRODUCT TO AERIE OR DO NOT ALLOW LIMITATIONS ON THE AMOUNT OF TIME AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. You agree that neither Company nor any other party has made any representations or warranties, nor have you relied on any representations or warranties, express or implied, including any implied warranty of merchantability or fitness for any particular purpose with respect to the Products. You acknowledge that no affirmation of fact or statement (whether written or oral) made by Company, its representatives, or any other party outside of this Agreement with respect to the Products shall be deemed to create any express or implied warranty on the part of Company or its representatives. To obtain warranty service contact the Customer Service Department using the support number located on the website you were provided when you purchased the product. Provide them with the IMEI (International Mobile Equipment Identity) number printed on each product label for warranty coverage verification. Upon verification of coverage, a return authorization number (“RA#”) will be issued and provided to you by fax, email, or over the phone. Package product(s) and send to Company with the RA# clearly written on the outside of each package (returns without an RA# will be rejected) and ship to: Connected Dealer Services, LLC Attn: CarRx Returns, 00000 Xxxxxxxxx Xxx, Irvine, CA 92614 (Note: You are responsible for shipping charges to the returns department). Company will test all properly returned products to determine if they are defective. If the product is defective Company will provide replacement of the defective product(s) and Company is responsible for shipping charges back to you. If the product is not defective, you will be charged $9.95 to cover the cost of testing the product and you are responsible for the shipping charges back to youOTHERWISE.

Appears in 1 contract

Samples: Contract Manufacturing Supply Agreement (Aerie Pharmaceuticals Inc)

Limited Product Warranty. Company hereby warrants ("Limited Warranty") only to the purchaser that first activates the Product, that the Product will be free from defects in workmanship and materials for a period ("Limited Warranty Period") of one (1) calendar year after the date that you purchased the Product. The Limited Warranty does not apply to normal wear and tear and does not cover repair or replacement if the Product is damaged by tampering, misuse, accident, abuse, neglect, improper installation, misapplication, alteration of any kind, disaster, defects due to repairs or modifications made by anyone other than Company or an authorized service representative of Company, or reception problems caused by signal conditions or cable or antenna systems outside the Product. Further, the Limited Warranty does not apply to physical damage of any nature whatsoever to the Product, including any opening or attempted opening of the Product, and any such opening or attempted opening of the Product shall render the Limited Warranty invalid. REPAIR OR REPLACEMENT OF A DEFECTIVE PRODUCT IS YOUR SOLE AND EXCLUSIVE REMEDY UNDER THE LIMITED WARRANTY. SOFTWARE LOADED ON THE PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY. COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES FOR BREACH OF THE LIMITED WARRANTY. IN ADDITION, YOU ACKNOWLEDGE THAT COMPANY DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. TO XXXXXXXX.XX THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS, AND YOU EXPRESSLY WAIVE, ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY WARRANTY ARISING OUT OF ANY PROPOSAL, SPECIFICATION, OR SAMPLE. THE TERM OF ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW SHALL BE LIMITED TO THE DURATION OF THE FOREGOING EXPRESS WARRANTY PERIOD. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND/OR DO NOT ALLOW LIMITATIONS ON THE AMOUNT OF TIME AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. You agree that neither Company nor any other party has made any representations or warranties, nor have you relied on any representations or warranties, express or implied, including any implied warranty of merchantability or fitness for any particular purpose with respect to the Products. You acknowledge that no affirmation of fact or statement (whether written or oral) made by Company, its representatives, or any other party outside of this Agreement with respect to the Products shall be deemed to create any express or implied warranty on the part of Company or its representatives. To obtain warranty service contact the Customer Service Department using the support number located on the website you were provided when you purchased the product. Provide them with the IMEI (International Mobile Equipment Identity) number printed on each product label for warranty coverage verification. Upon verification of coverage, a return authorization number (“RA#”) will be issued and provided to you by fax, email, or over the phone. Package product(s) and send to Company with the RA# clearly written on the outside of each package (returns without an RA# will be rejected) and ship to: Connected Dealer Services, LLC Attn: CarRx PLAD TECH Returns, 00000 Xxxxxxxxx Xxx, Irvine, CA 92614 (Note: You are responsible for shipping charges to the returns department). Company will test all properly returned products to determine if they are defective. If the product is defective Company will provide replacement of the defective product(s) and Company is responsible for shipping charges back to you. If the product is not defective, you will be charged $9.95 to cover the cost of testing the product and you are responsible for the shipping charges back to you.

Appears in 1 contract

Samples: Subscription Service Agreement and Terms of Purchase

Limited Product Warranty. Company hereby The Light Connection, Inc., warrants ("Limited Warranty") only to the purchaser that first activates the Product, that the Product goods delivered hereunder will be free from defects in workmanship materials and materials workmanship. Goods that do not meet the foregoing warranty shall be deemed non-conforming and TLC will give appropriate credit to Buyer for a period ("Limited Warranty Period") non-conforming goods or replacement of one (1) calendar year after the date that you purchased the Productsuch goods. The Limited Warranty does not apply to normal wear and tear and does not cover repair or replacement if the Product foregoing warranty is damaged by tampering, misuse, accident, abuse, neglect, improper installation, misapplication, alteration of any kind, disaster, defects due to repairs or modifications conditioned on (i) all claims regarding such non-conforming goods must be made by anyone other Xxxxx in writing to TLC not later than Company or an authorized service representative sixty days after TLC’s shipment of Company, or reception problems caused goods; (ii) the non- conforming goods shall have been maintained and stored by signal conditions or cable or antenna systems outside the ProductBuyer in accordance with packaging specification (packaging specification NEMA WC26); (iii) no returns will be accepted by TLC unless accompanied by TLC’s Return Material Authorization (RMA). Further, the Limited Warranty does not apply to physical damage of any nature whatsoever TLC warrants all goods supplied under this contract only to the Product, including any opening or attempted opening of the Product, and any such opening or attempted opening of the Product shall render the Limited Warranty invalidextent set forth in this paragraph. REPAIR THIS WARRANTY APPLIES TO THE GOODS ONLY AND NOT TO ANY OF COMBINATION OR REPLACEMENT OF A DEFECTIVE PRODUCT IS YOUR SOLE AND EXCLUSIVE REMEDY UNDER THE LIMITED WARRANTY. SOFTWARE LOADED ON THE PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY. COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES FOR BREACH ASSEMBLY OF THE LIMITED WARRANTYGOODS OR TO ANY SERVICES OF TLC. THE WARRANTY HEREIN DESCRIBED IS MADE IN ADDITION, YOU ACKNOWLEDGE THAT COMPANY DOES NOT CONTROL THE TRANSFER LIEU OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS, AND YOU EXPRESSLY WAIVE, ALL OTHER WARRANTIES, WHETHER EXPRESSED, EXPRESS OR IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ALL BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, THE MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE, WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. TLC SHALL NOT BE LIABLE TO THE BUYER OR ANY WARRANTY ARISING OUT OTHER PERSON UNDER ANY LEGAL, THEORY, INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR STRICT LIABILITY, FOR ANY INJURY OR FOR ANY DIRECT OR CONSEQUENTIAL DAMAGES SUSTAINED OR INCURRED BY REASON OF THE USE OF ANY PROPOSAL, SPECIFICATION, OR SAMPLETLC’S PRODUCTS. IN NO EVENT WILL TLC’S LIABILITY EXCEED THE TERM OF ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW SHALL BE LIMITED PURCHASE PRICE PAID TO TLC FOR THE DURATION OF THE FOREGOING EXPRESS WARRANTY PERIOD. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND/OR DO NOT ALLOW LIMITATIONS ON THE AMOUNT OF TIME AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. You agree that neither Company nor any other party has made any representations or warranties, nor have you relied on any representations or warranties, express or implied, including any implied warranty of merchantability or fitness for any particular purpose with respect to the Products. You acknowledge that no affirmation of fact or statement (whether written or oral) made by Company, its representatives, or any other party outside of this Agreement with respect to the Products shall be deemed to create any express or implied warranty on the part of Company or its representatives. To obtain warranty service contact the Customer Service Department using the support number located on the website you were provided when you purchased the product. Provide them with the IMEI (International Mobile Equipment Identity) number printed on each product label for warranty coverage verification. Upon verification of coverage, a return authorization number (“RA#”) will be issued and provided to you by fax, email, or over the phone. Package product(s) and send to Company with the RA# clearly written on the outside of each package (returns without an RA# will be rejected) and ship to: Connected Dealer Services, LLC Attn: CarRx Returns, 00000 Xxxxxxxxx Xxx, Irvine, CA 92614 (Note: You are responsible for shipping charges to the returns department). Company will test all properly returned products to determine if they are defective. If the product is defective Company will provide replacement of the defective product(s) and Company is responsible for shipping charges back to you. If the product is not defective, you will be charged $9.95 to cover the cost of testing the product and you are responsible for the shipping charges back to youGOODS.

Appears in 1 contract

Samples: www.thelightconnection.com

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Limited Product Warranty. Company hereby warrants ("Limited Warranty") only to the purchaser that first activates the Product, that the Product will be free from defects in workmanship and materials for a period ("Limited Warranty Period") of one (1) calendar year after the date that you purchased the Product. The Limited Warranty does not apply to normal wear and tear and does not cover repair or replacement if the Product is damaged by tampering, misuse, accident, abuse, neglect, improper installation, misapplication, alteration of any kind, disaster, defects due to repairs or modifications made by anyone other than Company or an authorized service representative of Company, or reception problems caused by signal conditions or cable or antenna systems outside the Product. Further, the Limited Warranty does not apply to physical damage of any nature whatsoever to the Product, including any opening or attempted opening of the Product, and any such opening or attempted opening of the Product shall render the Limited Warranty invalid. REPAIR OR REPLACEMENT OF A DEFECTIVE PRODUCT IS YOUR SOLE AND EXCLUSIVE REMEDY UNDER THE LIMITED WARRANTY. SOFTWARE LOADED ON THE PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY. COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES FOR BREACH OF THE LIMITED WARRANTY. IN ADDITION, YOU ACKNOWLEDGE THAT COMPANY DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS, AND YOU EXPRESSLY WAIVE, ALL OTHER WARRANTIES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ANY WARRANTY ARISING OUT OF ANY PROPOSAL, SPECIFICATION, OR SAMPLE. THE TERM OF ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW SHALL BE LIMITED TO THE DURATION OF THE FOREGOING EXPRESS WARRANTY PERIOD. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND/OR DO NOT ALLOW LIMITATIONS ON THE AMOUNT OF TIME AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. You agree that neither Company nor any other party has made any representations or warranties, nor have you relied on any representations or warranties, express or implied, including any implied warranty of merchantability or fitness for any particular purpose with respect to the Products. You acknowledge that no affirmation of fact or statement (whether written or oral) made by Company, its representatives, or any other party outside of this Agreement with respect to the Products shall be deemed to create any express or implied warranty on the part of Company or its representatives. To obtain warranty service contact the Customer Service Department using the support number located on the website you were provided when you purchased the product. Provide them with the IMEI (International Mobile Equipment Identity) number printed on each product label for warranty coverage verification. Upon verification of coverage, a return authorization number (“RA#”) will be issued and provided to you by fax, email, or over the phone. Package product(s) and send to Company with the RA# clearly written on the outside of each package (returns without an RA# will be rejected) and ship to: Connected Dealer Services, LLC Attn: CarRx Intercept Returns, 00000 Xxxxxxxxx Xxx, Irvine, CA 92614 (Note: You are responsible for shipping charges to the returns department). Company will test all properly returned products to determine if they are defective. If the product is defective Company will provide replacement of the defective product(s) and Company is responsible for shipping charges back to you. If the product is not defective, you will be charged $9.95 to cover the cost of testing the product and you are responsible for the shipping charges back to you.

Appears in 1 contract

Samples: Subscription Service Agreement and Terms of Purchase

Limited Product Warranty. Company hereby B&L represents and warrants to AERIE that ("Limited Warranty"i) only to at the purchaser that first activates the Producttime of delivery, that the Product will be manufactured and supplied hereunder to conform to cGMPs, meet mutually agreed upon product specifications as modified from time to time, and will meet the requirements of the Act, and other applicable laws and regulations, (ii) all Product supplied by B&L under this Agreement shall 6 be merchantable, free from defects in workmanship and materials for a period shall not be adulterated or misbranded within the meaning of the ACT, as amended, ("Limited Warranty Period"iii) of one (1) calendar year after the date that you purchased the Product. The Limited Warranty does not apply to normal wear and tear and does not cover repair or replacement if B&L shall manufacture the Product in accordance with the Specifications of this Agreement and the Quality Agreement and in a facility that complies with all Applicable Laws, and is damaged covered by tamperingall necessary registrations and licenses, misuseand B&L shall maintain all such registrations and licenses during the Term hereof, accident, abuse, neglect, improper installation, misapplication, alteration of any kind, disaster, defects due to repairs or modifications made by anyone other than Company or an authorized service representative of Company, or reception problems caused by signal conditions or cable or antenna systems outside the Product. Further, the Limited Warranty does not apply to physical damage of any nature whatsoever (iv) when applicable to the Productwork performed by B&L, including any opening or attempted opening of B&L will adhere to Applicable Laws, (v) B&L shall store all API and Product in a secure facility and in accordance with the ProductSpecifications and all Applicable Laws, and any such opening or attempted opening of the Product (vi) B&L shall render the Limited Warranty invalid. REPAIR OR REPLACEMENT perform all services to accepted industry standard.. THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF A DEFECTIVE PRODUCT IS YOUR SOLE AND EXCLUSIVE REMEDY UNDER THE LIMITED WARRANTY. SOFTWARE LOADED ON THE PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY. COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES FOR BREACH OF THE LIMITED WARRANTY. IN ADDITION, YOU ACKNOWLEDGE THAT COMPANY DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. COMPANY IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS, AND YOU EXPRESSLY WAIVE, ALL OTHER WARRANTIES, WHETHER EXPRESSED, WARRANTIES EXPRESS OR IMPLIED, OR STATUTORYINCLUDING, INCLUDING WITHOUT LIMITATION ALL BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. EXCEPT WHERE B&L COMMITS A WILLFUL, GROSSLY NEGLIGENT OR USEINTENTIONAL BREACH OF ANY MATERIAL PROVISION UNDER THIS AGREEMENT, B&L SHALL NOT BE RESPONSIBLE OR LIABLE UNDER ANY PROVISION OF THIS AGREEMENT OR UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY RESULTANT INDIRECT, INCIDENTAL, OR ANY WARRANTY ARISING OUT OF ANY PROPOSALCONSEQUENTIAL DAMAGES INCLUDING, SPECIFICATION, OR SAMPLE. THE TERM OF ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW SHALL BE BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS FROM B&L’S FAILURE TO PROVIDE THE DURATION OF THE FOREGOING EXPRESS WARRANTY PERIODPRODUCT TO AERIE OR OTHERWISE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES AND/OR DO NOT ALLOW LIMITATIONS ON THE AMOUNT OF TIME AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. You agree that neither Company nor any other party has made any representations or warranties, nor have you relied on any representations or warranties, express or implied, including any implied warranty of merchantability or fitness for any particular purpose with respect to the Products. You acknowledge that no affirmation of fact or statement (whether written or oral) made by Company, its representatives, or any other party outside of this Agreement with respect to the Products shall be deemed to create any express or implied warranty on the part of Company or its representatives. To obtain warranty service contact the Customer Service Department using the support number located on the website you were provided when you purchased the product. Provide them with the IMEI (International Mobile Equipment Identity) number printed on each product label for warranty coverage verification. Upon verification of coverage, a return authorization number (“RA#”) will be issued and provided to you by fax, email, or over the phone. Package product(s) and send to Company with the RA# clearly written on the outside of each package (returns without an RA# will be rejected) and ship to: Connected Dealer Services, LLC Attn: CarRx Returns, 00000 Xxxxxxxxx Xxx, Irvine, CA 92614 (Note: You are responsible for shipping charges to the returns department). Company will test all properly returned products to determine if they are defective. If the product is defective Company will provide replacement of the defective product(s) and Company is responsible for shipping charges back to you. If the product is not defective, you will be charged $9.95 to cover the cost of testing the product and you are responsible for the shipping charges back to you.B.

Appears in 1 contract

Samples: Contract Manufacturing Supply Agreement

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