Common use of Limited Warranty and Disclaimer Clause in Contracts

Limited Warranty and Disclaimer. 9.1 Electric warrants that the Electric Platform shall perform in substantial accordance with any and all official specifications and similar documentation provided to Customer by Electric. In the event the Electric Platform does not substantially conform to such specifications or documentation, Customer shall provide written notice of non-conformance to Electric and Electric shall, at its option and as its sole obligation and as Electric’s sole liability and Customer’s exclusive remedy, repair the affected portion of the Electric Platform at no additional charge, or, if it determines that the foregoing option is not commercially practical, terminate this Agreement with respect to the Electric Platform and issue a refund for any prepaid amounts for unused portions of the term. To the extent it is permitted to do so, Electric will pass through to Customer any third-party warranties in respect of the Hardware and/or Purchased Third Party Software as applicable. 9.2 ELECTRIC DOES NOT WARRANT THAT THE ELECTRIC PLATFORM, SUPPORT SERVICES, HARDWARE, OR PURCHASED THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. OTHER THAN THE EXPRESS WARRANTY SET FORTH IN SECTION 9.1, THE SERVICES ARE PROVIDED “AS IS” AND ELECTRIC DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

Limited Warranty and Disclaimer. 9.1 Electric warrants that the Electric Platform service shall perform in substantial accordance with any and all official specifications and similar documentation provided to Customer by Electriccustomer. In the event the Electric Platform service does not substantially conform to such specifications or documentation, Customer customer shall provide written notice of non-conformance to Electric electric and Electric electric shall, at its option and as its sole obligation and as Electric’s sole liability and Customercustomer’s exclusive remedy, repair re-perform the affected portion of the Electric Platform services at no additional charge, issue a refund for the non-conforming services, or, if it determines that neither of the foregoing option is not options are commercially practical, terminate this Agreement with respect to the Electric Platform agreement and issue a refund for any prepaid amounts for unused portions of the term. To the extent it is permitted to do so, Electric will pass through to Customer any third-party warranties in respect of the Hardware and/or Purchased Third Party Software as applicable. 9.2 ELECTRIC DOES NOT WARRANT THAT THE ELECTRIC PLATFORM, SUPPORT SERVICES, HARDWARE, OR PURCHASED THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE ELECTRIC PLATFORM, SUPPORT SERVICES, HARDWARE, OR PURCHASED THIRD PARTY SOFTWARE. OTHER THAN THE EXPRESS WARRANTY SET FORTH IN SECTION 9.1, THE SERVICES ELECTRIC PLATFORM, SUPPORT SERVICES, HARDWARE, AND ANY PURCHASED THIRD PARTY SOFTWARE ARE PROVIDED “AS IS” AND ELECTRIC DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

Limited Warranty and Disclaimer. 9.1 Electric warrants that the Electric Platform shall perform in substantial accordance with any and all official specifications and similar documentation provided to Customer by ElectricElectric for a period of ninety (90) days after initial delivery of the Electric Platform to Customer. In the event the Electric Platform does not substantially conform to such specifications or documentation, Customer shall provide written notice of non-conformance to Electric and Electric shall, at its option and as its sole obligation and as Electric’s sole liability and Customer’s exclusive remedy, repair the affected portion of the Electric Platform at no additional charge, or, if it determines that the foregoing option is not commercially practical, terminate this Agreement with respect to the Electric Platform and issue a refund for any prepaid amounts for unused portions of the term. To the extent it is permitted to do so, Electric will pass through to Customer any third-party warranties in respect of the Hardware and/or Purchased Third Party Software as applicable. 9.2 ELECTRIC DOES NOT WARRANT THAT THE ELECTRIC PLATFORM, SUPPORT SERVICES, HARDWARE, OR PURCHASED THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. OTHER THAN THE EXPRESS WARRANTY SET FORTH IN SECTION 9.1, THE SERVICES ARE PROVIDED “AS IS” AND ELECTRIC DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

Limited Warranty and Disclaimer. 9.1 Electric warrants that the Electric Platform shall perform in substantial accordance with this Agreement, the applicable Order Form, and any and all official specifications and similar documentation provided to Customer by Electric. In the event the Electric Platform does not substantially conform to such specifications or documentation, Customer shall provide written notice of non-conformance to Electric and Electric shall, at its option and as its sole obligation and as Electric’s sole liability and Customer’s exclusive remedyremedy with respect to the foregoing warranty (without limiting any other non-warranty claim hereunder), repair the affected portion of the Electric Platform at no additional charge, or, if it determines that the foregoing option is not commercially practical, terminate this Agreement with respect to the Electric Platform and issue a refund for any prepaid amounts for unused portions of the term. To the extent it is permitted to do so, Electric will pass through to Customer any third-party warranties in respect of the Hardware and/or Purchased Third Party Software as applicable. Electric further warrants that the Electric Platform will be delivered in a timely, professional and workmanlike manner and with a degree of quality in line with applicable industry standards. 9.2 EXCEPT AS MAY BE PROVIDED BY SECTION 1.4 AND SECTION 9.1, ELECTRIC DOES NOT WARRANT THAT THE ELECTRIC PLATFORM, SUPPORT SERVICES, HARDWARE, OR PURCHASED THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. OTHER THAN THE EXPRESS WARRANTY SET FORTH IN SECTION 9.1, THE SERVICES ARE PROVIDED “AS IS” AND ELECTRIC DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

Limited Warranty and Disclaimer. 9.1 Electric warrants that the Electric Platform shall perform in substantial accordance with this Agreement, the applicable Order Form, and any and all official specifications and similar documentation provided to Customer by Electric. In the event the Electric Platform does not substantially conform to such specifications or documentation, Customer shall provide written notice of non-conformance to Electric and Electric shall, at its option and as its sole obligation and as Electric’s sole liability and Customer’s exclusive remedy, repair the affected portion of the Electric Platform at no additional charge, or, if it determines that the foregoing option is not commercially practical, terminate this Agreement with respect to the Electric Platform and issue a refund for any prepaid amounts for unused portions of the term. To the extent it is permitted to do so, Electric will pass through to Customer any third-party warranties in respect of the Hardware and/or Purchased Third Party Software as applicable. Electric further warrants that the Electric Platform will be delivered in a timely, professional and workmanlike manner and with a degree of quality in line with applicable industry standards. 9.2 EXCEPT AS MAY BE PROVIDED BY SECTION 1.4 AND SECTION 9.1, ELECTRIC DOES NOT WARRANT THAT THE ELECTRIC PLATFORM, SUPPORT SERVICES, HARDWARE, OR PURCHASED THIRD PARTY SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. OTHER THAN THE EXPRESS WARRANTY SET FORTH IN SECTION 9.1, THE SERVICES ARE PROVIDED “AS IS” AND ELECTRIC DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

Limited Warranty and Disclaimer. 9.1 Unless Customer’s access to the Services is qualified as a “beta,” “trial,” “evaluation” or other non-production service, Electric warrants that the Electric Platform shall perform in substantial accordance with this Agreement, the applicable Order Form, and any and all official specifications and similar documentation provided to Customer by Electric, and will be delivered in a timely, professional and workmanlike manner and with a degree of quality in line with applicable industry standards. In the event the Electric Platform does not substantially conform to such specifications or documentation, Customer shall provide written notice of non-conformance to Electric and Electric shall, at its option and as its sole obligation and as Electric’s sole liability and Customer’s exclusive remedyremedy with respect to the foregoing warranty (without limiting any other non-warranty claim hereunder), repair the affected portion of the Electric Platform at no additional charge, or, if it determines that the foregoing option is not commercially practical, terminate this Agreement with respect to the Electric Platform and issue a refund for any prepaid amounts for unused portions of the term. To the extent it is permitted to do so, Electric will pass through to Customer any third-party warranties in respect of the Hardware and/or Purchased Third Third-Party Software as applicable. Electric further warrants that the Services will be delivered in a timely, professional and workmanlike manner and with a degree of quality in line with applicable industry standards. 9.2 IF CUSTOMER’S ACCESS TO THE SERVICES IS QUALIFIED AS A “BETA,” “TRIAL,” “EVALUATION” OR OTHER NON-PRODUCTION SERVICE, THE WARRANTY IN SECTION 9.1 DOES NOT APPLY. In such cases, Electric will make reasonable efforts to answer Customer’s questions regarding use of the Services but is not obligated to provide any other support. 9.3 EXCEPT AS MAY BE PROVIDED BY SECTION 9.1, ELECTRIC DOES NOT WARRANT THAT THE ELECTRIC PLATFORM, SUPPORT SERVICES, HARDWARE, OR PURCHASED THIRD PARTY SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. OTHER THAN THE EXPRESS WARRANTY SET FORTH IN SECTION 9.19.1 (IF APPLICABLE), THE SERVICES ARE PROVIDED “AS IS” AND ELECTRIC DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.

Limited Warranty and Disclaimer. 9.1 Unless Customer’s access to the Electric Platform is qualified as a “beta,” “trial,” “evaluation” or other non-production service, Electric warrants that the Electric Platform shall perform in substantial accordance with this Agreement, the applicable Order Form, and any and all official specifications and similar documentation provided to Customer by Electric, and will be delivered in a timely, professional and workmanlike manner and with a degree of quality in line with applicable industry standards. In the event the Electric Platform does not substantially conform to such specifications or documentation, Customer shall provide written notice of non-conformance to Electric and Electric shall, at its option and as its sole obligation and as Electric’s sole liability and Customer’s exclusive remedyremedy with respect to the foregoing warranty (without limiting any other non-warranty claim hereunder), repair the affected portion of the Electric Platform at no additional charge, or, if it determines that the foregoing option is not commercially practical, terminate this Agreement with respect to the Electric Platform and issue a refund for any prepaid amounts for unused portions of the term. To Electric further warrants that the extent it is permitted to do soElectric Platform. 9.2 IF CUSTOMER’S ACCESS TO THE ELECTRIC PLATFORM IS QUALIFIED AS A “BETA,” “TRIAL,” “EVALUATION” OR OTHER NON-PRODUCTION SERVICE, THE WARRANTY IN SECTION 9.1 DOES NOT APPLY. In such cases, Electric will pass through make reasonable efforts to Customer any third-party warranties in respect answer Customer’s questions regarding use of the Hardware and/or Purchased Third Party Software as applicableElectric Platform but is not obligated to provide any other support. 9.2 9.3 EXCEPT AS MAY BE PROVIDED BY SECTION 9.1, ELECTRIC DOES NOT WARRANT THAT THE ELECTRIC PLATFORM, SUPPORT SERVICES, HARDWARE, OR PURCHASED THIRD PARTY SOFTWARE PLATFORM WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. OTHER THAN THE EXPRESS WARRANTY SET FORTH IN SECTION 9.19.1 (IF APPLICABLE), THE SERVICES ARE PROVIDED “AS IS” AND ELECTRIC DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.