Limited Warranty and Exclusive Remedy Sample Clauses

Limited Warranty and Exclusive Remedy. A. LHD warrants that the most recent release of Technical Documents conforms to its current standard practices. LHD otherwise provides Technical Documents "AS IT IS" with no further warranty whatsoever.
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Limited Warranty and Exclusive Remedy. 5.1. For ninety (90) days running from Delivery of the Program Materials to the Licensee, or for the period specified in any extended warranty offered by the Licensor (if applicable) (Warranty Period) the Licensor warrants that the media upon which the Program Materials is furnished will be free from defects in material and workmanship under normal use.
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Limited Warranty and Exclusive Remedy. Subject to the terms and conditions of this Agreement, Color will perform the Tests and Services in accordance with Color's standard protocols (see Section 7(c)(v) herein for links where these can be reviewed) for conducting such Tests and Services (the “Limited Warranty”). Client’s sole and exclusive remedy for any breach by Color of the Limited Warranty will be to have Color re-perform the affected Tests and Services, provided that Color receives any additional Samples as are necessary to re-perform the affected Services. Client shall have ten (10) days from an Eligible Individual’s or ordering HCP’s receipt of the Test result to inform Color in writing of any claim that the Services fail to comply with the Limited Warranty.
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Limited Warranty and Exclusive Remedy. Milestone warrants to you that for a period of ninety (90) days following the Effective Date, the Software provided by Milestone, as delivered, will conform to the Documentation referred to in Section 4 of this XXXX, provided that: (i) the Software is used properly in accordance with the Documentation; and (ii) you notify Milestone of an alleged breach of this limited warranty in writing and Milestone receives such notice prior to ninety (90) days following the Effective Date. This limited warranty is void if failure of the Software results, in whole or in part, from accident, abuse, or misapplication by you or failure to implement any Updates. Milestone’s entire liability, and your sole and exclusive remedy, for breach of this limited warranty shall be, at Milestone’s sole option, either to: (a) use reasonable efforts to correct or help you work around the “Error”; or (b) terminate this XXXX and refund the license fee paid, so long as the Software is returned to Milestone with a copy of your receipt within sixty (60) days following the Effective Date. An “Error” is a defect in the Software that causes it not to perform substantially in accordance with the limited warranty set forth in this Section 12(a). This limited warranty is effective for the original warranty period described in this Section 12(a) only, and shall not be extended in the event that replacement software, updates or other releases pertaining to the Software are made available.
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Limited Warranty and Exclusive Remedy. SELLER provides Buyer a limited warranty (this “Limited Warranty”) only that the Products referenced in this Agreement and delivered to Buyer will at the time of delivery conform to the Specifications and be free from defects in materials and workmanship upon delivery. This Limited Warranty shall last for only one (1) year from date of the Invoice. An additional period beyond one (1) year warranty is available if documented in writing on the sales acknowledgment. The value for this Limited Warranty is the actual funds paid on an individual order and is not cumulative. Any modification or repair or attempt to repair the Products by anyone other than an authorized representative of SELLER automatically voids this Limited Warranty. This Limited Warranty shall not apply to those Products sold but not paid for in full. This Limited Warranty will be the exclusive remedy available to Buyer from SELLER for any failure of the Products to conform to the Specifications or for any defect in the Products sold by SELLER or for any defect or nonconformance resulting from any cause whatsoever, including without limitation, SELLER ’s negligence. This Limited Warranty applies only to Buyer and may not be assigned or extended by Buyer to anyone or in any manner. This Limited Warranty does not extend to any system or module or device into which the Products may be incorporated or installed, and SELLER provides no representation or warranty that its Products will operate as anticipated within any system or module or device or application. The Products are sold AS-IS WHERE IS with all faults, except as otherwise provided by this Limited Warranty and herein. THIS LIMITED WARRANTY CONSTITUTES BUYER’S SOLE AND EXCLUSIVE REMEDY. SELLER ’s sole liability for any breach of the foregoing Limited Warranty shall be for SELLER , at SELLER ’s sole option, to repair, replace or modify the non- conforming or defective Product, or refund to Buyer the purchase price paid by Buyer for the non-conforming or defective Product. This exclusive remedy will not be deemed to have failed of its essential purpose as long as SELLER is (i) willing and able to replace such defective Product in the prescribed manner or (ii) willing to accept return of such non-conforming or defective Product in exchange for the stated cash consideration. SELLER shall be allowed a reasonable period to investigate any claim relating to non-conforming or defective Products and shall be given access to Buyer’s relevant records...
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Limited Warranty and Exclusive Remedy. A. LED warrants that the most recent release of Technical Documents conforms to its current standard practices. LED otherwise provides Technical Documents "AS IT IS" with no further warranty whatsoever.
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Limited Warranty and Exclusive Remedy. (1) MERCK warrants that Products sold to Neogen by MERCK pursuant to this agreement will conform to the performance specifications set forth on the application notes which accompany such Products until the expiration date printed on the container for such Products. MERCK's sole responsibility under this warranty shall be limited to the replacement, at MERCK's expense, of any Product not complying with this warranty. Product replacement shall be at the sole discretion of MERCK. The foregoing warranty shall apply only if MERCK is notified by Neogen of any such alleged non-conformance therewith within thirty (30) days after Neogen learns of the same and if the non-conformance could not have been found during the inspection according to ARTICLE 7. The foregoing warranty is expressly conditioned upon Products being used, operated, handled, maintained and shipped by the Customer and/or by Neogen in accordance with the application notes and is void as to any Product modified, altered or damaged by any person other than MERCK (unless done with MERCK's prior consent). This warranty shall not be applicable to any Products which become defective through either Neogen's or a Customers' negligence or through any intentional acts.
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Limited Warranty and Exclusive Remedy. Products sold hereunder, which are manufactured by Xxxxxx, are warranted to conform to specifications of the latest issue of the Industrial Fasteners Institute or Buyer’s written plans and specifications (“Limited Warranty”). This Limited Warranty is expressly in lieu of all other warranties, whether expressed or implied, including without limitations, any implied warranty of merchantability or fitness for a particular purpose and any warranty that the products are tamper proof and shall expire one year from the date of delivery of the product to the Buyer. Xxxxx will immediately notify Xxxxxx in writing of any alleged deficiencies in the delivered product and failure to so notify Xxxxxx shall be a waiver of any alleged deficiencies. Assuming notice of alleged deficiency is given, Xxxxxx, at its option, will either repair or replace (without charge to the buyer, except for the cost of shipping) products under Limited Warranty which are returned to Xxxxxx’x factory which Xxxxxx in its sole opinion finds: (1) deviate from the plans and specifications by at least fifteen percent (15%); and (2) such deviation adversely affects the design; and (3) such deviation if proven to be the sole and primary cause of the product failure; and (4) the product has not been subjected to misuse or modified in any way. Alternatively, Xxxxxx, at its option may refund consideration paid by the Buyer for the product and have no further liability. The Limited Warranty shall be the sole and exclusive remedy of the buyer.
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Limited Warranty and Exclusive Remedy. 6.1 Provider warrants to Customer that (i) the Service itself contains no malware (for the avoidance of doubt: this does not refer to malware contained in a Sample and analyzed by the Service) (ii) the Service will operate without material error or defect in conformance to ANNEX A: Service Specification, ANNEX B: Support Provisions, ANNEX C: Service Level Agreement, and the Documentation under normal use and circumstances until the expiration or termination of Customer’s paid right to access and use such Service, (iii) Provider will perform its overall obligations under this SAASA with reasonable care and expertise, (iv) Provider will install Updates as they come available and will inform Customer about any predictable Service downtime caused by such an Update.
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Related to Limited Warranty and Exclusive Remedy

  • Sole and Exclusive Remedy Except in the event of fraud or any Willful Breach of any representation, warranty or covenant or agreement contained herein, if this Agreement is validly terminated pursuant to Section 8.1, Parent’s receipt of the Termination Fee to the extent owed pursuant to Section 8.3(b) and any amounts owed pursuant to Section 8.3(d), and Parent’s right to seek specific performance pursuant to Section 9.10 (subject to the limitations set forth in Section 9.10), will be the sole and exclusive remedies of Parent and Merger Sub against (A) the Company and its Subsidiaries; and (B) the former, current and future holders of any equity, controlling persons, Representatives, Affiliates, members, managers, general or limited partners, stockholders, directors, officers, employees, agents, attorneys and assignees of each of the Company, its Subsidiaries and each of their respective Affiliates and former, current and future holders of any equity, controlling persons, Representatives, Affiliates, members, managers, general or limited partners, stockholders, directors, officers, employees, agents, attorneys and assignees of each of the foregoing (the Persons in clauses (A) and (B) collectively, the “Company Related Parties”) in respect of this Agreement and the Transactions. Except in the event of fraud or any Willful Breach of any representation, warranty or covenant or agreement contained herein, upon payment of the Termination Fee to Parent or its designee, none of the Company Related Parties will have any further monetary liability or obligation to (A) Parent or Merger Sub; or (B) the former, current and future direct or indirect holders of any equity, controlling persons, Representatives, Affiliates (other than Parent or Merger Sub), members, managers, general or limited partners, stockholders and assignees of each of Parent and Merger Sub (the Persons in clauses (A) and (B) collectively, the “Parent Related Parties”) relating to or arising out of this Agreement or the Transactions (except that the Company and its Subsidiaries (or their Affiliates) will remain obligated with respect to, and Parent and Merger Sub may be entitled to remedies with respect to, the Confidentiality Agreement, Section 8.3(a) (with respect to the expenses of the Company) and Section 8.3(d), as applicable.

  • Exclusive Remedy The foregoing shall constitute the Parties' sole and exclusive remedies and obligations with respect to a third party claim of intellectual property infringement arising out of the conduct of business under this Agreement.

  • Exclusive Remedies The parties acknowledge and agree that their sole and exclusive remedy with respect to any and all claims (other than claims arising from breach of contract, fraud, criminal activity or willful misconduct on the part of a party hereto in connection with the transactions contemplated by this Agreement) for any breach of any representation, warranty, covenant, agreement or obligation set forth herein or otherwise relating to the subject matter of this Agreement, shall be pursuant to the indemnification provisions set forth in this ARTICLE VII. In furtherance of the foregoing, each party hereby waives, to the fullest extent permitted under Law, any and all rights, claims and causes of action for any breach of any representation, warranty, covenant, agreement or obligation set forth herein or otherwise relating to the subject matter of this Agreement it may have against the other parties hereto and their Affiliates and each of their respective Representatives arising under or based upon any Law, except pursuant to the indemnification provisions set forth in this ARTICLE VII. Nothing in this Section 7.06 shall limit any Person's right to seek and obtain any equitable relief to which any Person shall be entitled or to seek any remedy on account of any party's fraudulent, criminal or intentional misconduct.

  • Non-Exclusive Remedies The remedies provided for in this Section 7 are not exclusive and shall not limit any rights or remedies which may otherwise be available to any Indemnified Person at law or in equity.

  • Nonexclusive Remedy Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.

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