Limited Warranties and Remedies. (1) Online Services. Microsoft warrants that each Online Service will perform in accordance with the applicable SLA during Customer’s use. Customer’s remedies for breach of this warranty are described in the SLA.
Limited Warranties and Remedies. To the extent permitted by applicable law, the remedies below are Customer’s sole remedies for breach of the warranties provided in this section, and Customer waives any warranty claims not made during the applicable warranty period.
Limited Warranties and Remedies. The following limited warranties apply only to the extent that Customer has purchased the applicable Dynatrace Offering:
Limited Warranties and Remedies. Each party warrants that the individual entering into this Agreement and any order governed by this Agreement on behalf of such party has the authority to enter into this Agreement or any such order on behalf of such party, and that it will comply with all applicable statutes, laws, rules and regulations in the exercise of its rights and the performance of its obligations under this Agreement.
Limited Warranties and Remedies. We warrant that (a) the Hosted Service will perform in substantial conformance with the technical specifications set forth in the Documentation during a Subscription Term; and (b) the materially functionality of the Hosted Service will not decrease during a Subscription Term; and (c) our employees and contractors will perform any services listed on an Order in a manner conforming to generally accepted industry standards and practices. For any breach of the warranties set forth in subsections (a) or (b) above, Your exclusive remedy, and our entire liability, will be (i) the correction of the Hosted Service errors that caused the breach of the warranty; or (ii) if such correction cannot be reasonably effected by us, the termination of this Agreement and all Orders and the refund of any unused, prepaid fees paid for the Hosted Service. For any breach of the warranty set forth in subsection (c) above, Your exclusive remedy and our entire liability will be re- performance of the services at no cost to you. Each party warrants that any individual who signs this Agreement and any Order governed by the Agreement on behalf of such party has the authority to enter into this Agreement or any such Order on behalf of such party, and that it will comply with all applicable statutes, laws, rules and regulations in the exercise of its rights and the performance of its obligations under this Agreement.
Limited Warranties and Remedies. Seller warrants for a period of 30 days that the Parts shall be free from defects in material and workmanship and shall conform to the design and description determined in a signed Statement of Work, drawings, award letter or other mutually signed documents. THIS WARRANTY SHALL BE IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. There are no other representations of warranties or guaranties applicable to the sale of the Parts unless otherwise agreed to in writing by an officer of Seller. Improper installation, misuse, use in applications outside of the specifications of the Parts, failure to maintain the Parts in accordance with applicable standards, alteration of the Parts or other similar circumstances will void any warranty for the Parts. Buyer’s exclusive remedy for any warranty claim or for any other claim arising out of the purchase of the Parts will be the replacement of the Parts, free of charge, FOB Seller’s facility, or, at Seller’s option, a credit in a fair amount not to exceed the aggregate purchase price for the Parts, which are proven to be defective within the Warranty Period. As a condition precedent to any replacement or credit under this paragraph, Seller shall have the right to request and obtain reasonable evidence of and impose reasonable requirements for submission of a warranty claim. Buyer must return 100% of the purportedly defective parts or a statistically relevant share as mutually agreed upon for testing by Seller. SELLER WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES SUSTAINED BY BUYER INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS OR REVENUE, PUNITIVE OR EXEMPLARY DAMAGES, LOSS OF USE OF THE PARTS, COST OF CAPITAL, COST OF ANY COVER, COST OF PLANT SHUTDOWNS OR CLAIMS BY BUYER’S CUSTOMERS FOR ANY DAMAGES. This remedy applies to limit the damages recoverable regardless of the nature of the Buyer’s claim, whether in tort, contract, equity, breach of warranty, negligence or strict liability and regardless whether the defect is due to Seller’s negligence or defect in the product.
Limited Warranties and Remedies. Seller warrants that, at the time of delivery to Customer’s chosen carrier, the Products will be of the Product type set forth in this Quote. ALL PRODUCTS ARE HEREBY SOLD AND DELIVERED “AS IS” AND WITH NO WARRANTY UNLESS SELLER AND CUSTOMER SPECIFICALLY AGREE OTHERWISE IN WRITING. Customer acknowledges that it is responsible for securing any engineering, building, or architectural advice necessary to determine the correct type of Products for any particular project. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR THAT THE PRODUCTS ARE FIT FOR ANY PARTICULAR PURPOSE OR USE, AND ALL WARRANTIES WHICH MIGHT OTHERWISE ARISE FROM COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY SPECIFICALLY EXCLUDED. If the Products fail to conform to this limited warranty, Customer’s sole and exclusive remedy, and Seller’s entire liability will be, at Seller’s election, (i) the repair or replacement by Seller, within a reasonable time, of the non-conforming Products, or (ii) the refund of the price paid for the non-conforming Products, and in either case only if Customer rejects the Products in accordance with paragraph 5 above.
Limited Warranties and Remedies. Each party warrants that the individual entering into this Agreement and any order governed by this Agreement on behalf of such party has the authority to enter into this Agreement or any such order on behalf of such party, and that it will comply with all applicable statutes, laws, rules and regulations in the exercise of its rights and the performance of its obligations under this Agreement. You acknowledge that the direct or indirect transfer of a Product contrary to United States law or any other applicable law is prohibited. You warrant that (a) you are not a Restricted Party; and (b) you are not controlled by or acting on behalf of any Restricted Party; and (c) neither you nor any of your employees, agents or contractors will transfer or
Limited Warranties and Remedies. We warrant that (a) for a period of six (6) months from the effective date of an order (“Warranty Period”), each Product listed on the order and Updates delivered for the Product during the Warranty Period will perform in substantial conformance with the technical specifications set forth in the Documentation; and (b) prior to release, we scan each version of the Products using a nationally recognized virus scanning program and we will remove any virus detected by such virus scanning program prior to releasing such version of the Products; and (c) we will not materially decrease the level of Technical Support Services provided during an active subscription to such Technical Support Services; and (d) our employees and contractors will perform any services listed on an order in a manner conforming to generally accepted industry standards and practices. For any breach of the warranty set forth in subsection (a) above, your exclusive remedy and our entire liability will be (i) the correction of the Product errors that caused the breach of the warranty; or
Limited Warranties and Remedies. EACH PRODUCT PROVIDED BY US OR ANY OF OUR AFFILIATES IS PROVIDED “AS IS”. NO WARRANTIES OR COMMITMENTS, EXPRESS OR IMPLIED, ARE MADE WITH RESPECT TO THE PRODUCTS INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEMS INTEGRATION, TITLE, SATISFACTORY QUALITY AND NON- INFRINGEMENT. Each party warrants that it will comply with all applicable statutes, laws, rules and regulations in the exercise of its rights and the performance of its obligations under this Agreement.
