Common use of Limited Service Warranty Clause in Contracts

Limited Service Warranty. Honeywell warrants that the Services shall be performed in a good and workmanlike manner and upon return shipment of the Product to Customer; any material included in the Services shall be free from defects under normal and proper use. Honeywell reserves the right to use new or refurbished parts and products in connection with the Services. Honeywell’s liability under this Service warranty is limited to Products returned as directed by Honeywell, transportation prepaid, to Honeywell’s designated Service facility within ninety (90) days after Service, and found by Honeywell to have failed to function solely because of Honeywell’s defective workmanship or Honeywell’s installation of defective materials during the applicable Service. Honeywell’s Service warranty is limited to repairing and returning said Products using new or refurbished parts and/or products. The Service warranty will be void for Products which have been: set up, operated and/or installed contrary to Honeywell’s product documentation; subjected to misuse, abuse, neglect (including without limitation failure to follow proper maintenance service and cleaning schedules), or intentional, reckless or malicious acts or omissions; used in a manner or for a purpose for which it was not designed, including without limitation use of the Product outside of its operational and environmental specifications; subjected to attempted or completed Product service, repair, disassembly, alteration or modification by Customer or unauthorized third party; subjected to accident or natural or man-made disasters (including without limitation fire, theft, water damage and floods) that would cause internal and external component damage or destruction; subjected to improper shipping or handling, improper installation, static electricity or electro-static discharge, or excessive voltage or current supplied to or drawn from interface connections. THE FOREGOING WARRANTY IS MADE AND ACCEPTED IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. TO THE EXTENT ALLOWABLE BY APPLICABLE LAW, HONEYWELL’S SOLE RESPONSIBILITY AND CUSTOMER’S SOLE REMEDY UNDER THIS SERVICE WARRANTY IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE PRODUCT WITH NEW OR REFURBISHED PARTS OR PRODUCTS, AT HONEYWELL’S OPTION. ALL OTHER REMEDIES ARE DISCLAIMED, AND CUSTOMER HEREBY RELEASES HONEYWELL FROM ANY OBLIGATION OTHER THAN SAID REPAIR OR REPLACEMENT.

Limited Service Warranty. Honeywell TIG represents and warrants that Services performed by TIG will: (i) be performed in a timely, competent, professional and workmanlike manner; (ii) substantially conform to the written specifications contained in the Work Order for 30 days from completion. (iii) be in compliance with all laws, rules and regulations applicable to TIG’s performance of the Services contained in the Work Order. If any of the Services are found by TIG to be defective by reason of TIG's workmanship or assembly, TIG's liability for the Services shall be limited. BUYER’s sole and exclusive remedy and TIG's entire liability with respect to this warranty will be, at the sole option of TIG, to either (a) use its reasonable commercial efforts to re-perform or cause to be re-performed any Services not in a good and workmanlike manner and upon return shipment substantial compliance with this warranty or (b) refund amounts paid by BUYER related to the portion of the Product to CustomerServices not in substantial compliance; any material included provided, in each case, BUYER notifies TIG in writing within five (5) business days after performance of the Services shall be free from defects under normal and proper use. Honeywell reserves the right to use new or refurbished parts and products in connection with the applicable Services. Honeywell’s liability under this Service warranty is limited to Products returned as directed by HoneywellEXCEPT AS SET FORTH HEREIN OR IN ANY WORK ORDER THAT EXPRESSLY AMENDS TIG’S WARRANTY, transportation prepaidAND SUBJECT TO APPLICABLE LAW, to Honeywell’s designated Service facility within ninety (90) days after ServiceTIG MAKES NO OTHER, and found by Honeywell to have failed to function solely because of Honeywell’s defective workmanship or Honeywell’s installation of defective materials during the applicable Service. Honeywell’s Service warranty is limited to repairing and returning said Products using new or refurbished parts and/or products. The Service warranty will be void for Products which have been: set upAND EXPRESSLY DISCLAIMS ALL OTHER, operated and/or installed contrary to Honeywell’s product documentation; subjected to misuseREPRESENTATIONS, abuse, neglect (including without limitation failure to follow proper maintenance service and cleaning schedules), or intentional, reckless or malicious acts or omissions; used in a manner or for a purpose for which it was not designed, including without limitation use of the Product outside of its operational and environmental specifications; subjected to attempted or completed Product service, repair, disassembly, alteration or modification by Customer or unauthorized third party; subjected to accident or natural or man-made disasters (including without limitation fire, theft, water damage and floods) that would cause internal and external component damage or destruction; subjected to improper shipping or handling, improper installation, static electricity or electro-static discharge, or excessive voltage or current supplied to or drawn from interface connections. THE FOREGOING WARRANTY IS MADE AND ACCEPTED IN LIEU OF ALL OTHER WARRANTIES, EXPRESSCONDITIONS OR COVENANTS, IMPLIED, EITHER EXPRESS OR STATUTORY, IMPLIED (INCLUDING WITHOUT LIMITATION LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, MERCHANTABILITY, DURABILITY, TITLE, ACCURACY OR OTHERWISE. NON-INFRINGEMENT) ARISING OUT OF OR RELATED TO THE EXTENT ALLOWABLE BY APPLICABLE LAW, HONEYWELL’S SOLE RESPONSIBILITY AND CUSTOMER’S SOLE REMEDY UNDER THIS SERVICE WARRANTY IS LIMITED TO THE REPAIR PERFORMANCE OR REPLACEMENT NON-PERFORMANCE OF THE PRODUCT WITH NEW SERVICES, THIS DISCLAIMER AND EXCLUSION SHALL APPLY EVEN IF THE EXPRESS WARRANTY AND LIMITED REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE. BUYER ACKNOWLEDGES THAT NO REPRESENTATIVE OF TIG OR REFURBISHED PARTS OF ITS AFFILIATES IS AUTHORIZED TO MAKE ANY REPRESENTATION OR PRODUCTS, AT HONEYWELL’S OPTION. ALL OTHER REMEDIES ARE DISCLAIMED, AND CUSTOMER HEREBY RELEASES HONEYWELL FROM WARRANTY ON BEHALF OF TIG OR ANY OBLIGATION OTHER THAN SAID REPAIR OR REPLACEMENTOF ITS AFFILIATES THAT IS NOT IN THIS AGREEMENT.