LIMITED WARRANTY AND REMEDIES. 6.1 Robelle warrants that,
(a) the software will, on the date of delivery, perform substantially in accordance with the then-applicable Documentation for a period of ninety (90) days;
(b) the media on which the Software is furnished will be free from defects for a period of ninety (90) days from the date of delivery, and;
(c) it holds title to the Software and Documentation and has the right to grant the license hereunder. You are responsible for selection of the Software to achieve your intended results, and for installation, use and results obtained from the Software. Robelle does not warrant that updates or upgrades from time to time will not require changes to hardware or operating systems. Robelle shall have no obligation to provide services, modifications or replacements due to problems with, or failures of, any non-Robelle software, firmware, hardware or data or the combination, operation or use of the Software with such components.
6.2 Subject to all other conditions and limitations herein, upon your discovery of any non-compliance of these warranties, you must promptly notify Robelle in writing. Robelle will assess the problem, and if caused by the Software, modify or replace the Software, or refund the license fees paid by you in respect of the Software, within 30 days of Robelle’s receipt of your written notice.
6.3 ROBELLE DOES NOT WARRANT THAT THE OPERATION OF THE SOFTWARE WILL NOT BE INTERRUPTED BY REASON OF ANY DEFECT OR THAT ROBELLE CAN OR WILL CORRECT ALL ERRORS. ROBELLE MAKES NO OTHER REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, OTHER THAN AS EXPLICITLY PROVIDED ABOVE, AND SPECIFICALLY EXCLUDES IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO DEALER OR ANY OTHER PARTY HAS ANY AUTHORITY TO MAKE ANY OTHER REPRESENTATION ON BEHALF OF ROBELLE OR OTHERWISE TO BIND ROBELLE WITH RESPECT TO THE SOFTWARE. IN NO EVENT SHALL ROBELLE BE LIABLE TO ANYONE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGE INCLUDING BUT NOT LIMITED TO LOSS OF USE OF DATA OR PROFITS ARISING OUT OF THIS AGREEMENT OR ANY PERFORMANCE UNDER THIS AGREEMENT, WHETHER IN AN ACTION BASED ON CONTRACT OR TORT INCLUDING NEGLIGENCE, OR OTHERWISE, EVEN IF ROBELLE HAS ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROVIDED IN SECTION 7.1, ROBELLE’S TOTAL LIABILITY FOR DAMAGES AND OTHER MONETARY LIABILITY ARISING OUT OF THIS AGREEMENT, ANY NEGOTIATIONS RELATED TO THIS AGREEMENT, AND ANY RELATIONSHIP CREATED BY THIS ...
LIMITED WARRANTY AND REMEDIES. DARAMIC WARRANTS THAT IT WILL PRODUCE THE SEPARATORS IN A GOOD AND WORKMANLIKE MANNER AND THAT THE SEPARATORS DELIVERED TO BUYER WILL CONFORM TO THE SPECIFICATIONS. ***. DARAMIC ALSO WARRANTS TO BUYER THAT IT WILL CONVEY GOOD TITLE TO THE SEPARATOR PRODUCTS SOLD AND DELIVERED HEREUNDER FREE OF ANY LIENS AND ENCUMBRANCES. DARAMIC HEREBY EXCLUDES AND DISCLAIMS ALL WARRANTIES EXCEPT THOSE EXPRESSLY SET FORTH IN THIS SECTION. THE REMEDIES OF BUYER FOR ANY BREACH OF THE WARRANTIES SET FORTH IN THIS SECTION SHALL, SUBJECT TO THE OTHER TERMS OF THIS AGREEMENT, BE THE REPLACEMENT OF THE NONCONFORMING PRODUCT OR, IN THE SOLE DISCRETION OF BUYER, REFUND FOR THE PRICE PAID FOR ANY NONCONFORMING PRODUCT, TO THE EXCLUSION OF ANY AND ALL OTHER REMEDIES, INCLUDING, WITHOUT LIMITATION, SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES. NO AGREEMENT VARYING OR EXTENDING THE FOREGOING WARRANTIES WILL BE BINDING UPON DARAMIC UNLESS IN WRITING, SIGNED BY AN OFFICER OF DARAMIC.
LIMITED WARRANTY AND REMEDIES. BOA warrants that: (i) it has the right to license the Programs to AP; (ii) the BOA Products, when properly used, will operate in substantial conformity with the BOA Documentation for such version for so long as AP shall purchase Support from BOA in accordance with the terms of Section 11 of this Agreement; (iii) the Program media shall be free of defects, for ninety (90) days from the date of shipment of such version to AP; and (iv) each Program under this Agreement shall be Year 2000 compliant as more specifically outlined in the "YEAR 2000 COMPLIANCE ADDENDUM" attached hereto as EXHIBIT C. BOA does not warrant that the BOA Products work or perform satisfactorily with any AP Products or that the AP Products will work or perform satisfactorily. The medium on which the BOA Products are delivered to AP is warranted against defects for a period of 90 days from the page 5 of 13 original date of invoice. If the medium is defective, return it within the warranty period, and BOA will replace it at no charge. BOA's obligations under this warranty are limited to replacing or repairing at BOA's option, the initial copy of the BOA Products delivered to AP and which shall be returned to BOA, transportation charges prepaid, and which are, after examination, disclosed to BOA's satisfaction to be defective. This warranty shall not apply to any BOA Products that have been altered or repaired, except by BOA, or which have been subject to misuse, negligence or accident. AP's remedies in the event of a breach of clause (i), (ii) or (iv) of this Section 8 shall be (1) for BOA to repair or replace the affected Program, or, in BOA's sole discretion, if that is not practicable, (2) for Licensee to return the affected Program to BOA and BOA to refund an amount equal to the license fees paid to BOA for such Program multiplied by a fraction, the numerator of which is thirty-six (36) minus the number of months that such Program was used by AP, and the denominator of which is thirty-six (36), along with a pro rata share of any Support Fees that Licensee actually paid to BOA for the period that the Program was not usable. In the event of a breach of clause (iii), BOA shall replace the media if notified of such defect within the ninety (90) day period.
LIMITED WARRANTY AND REMEDIES. Unless otherwise specified in the product’s user manual, DCS warrants to Buyer that for two years from the date of shipment of Products to the Buyer that Products will substantially conform to the product specifications agreed to by DCS. This warranty is not transferable.
a. This warranty does not cover:
(i) defects due to misuse, abuse, or improper or inadequate care, service or repair of Products; (ii) defects due to modification of Products, or due to alteration or repair by anyone other than DCS; or (iii) problems that arise from lack of compatibility between DCS's Products and other components used with those Products or the design of the product into which Products are incorporated. Buyer is solely responsible for determining whether Products are appropriate for Buyer's purpose, and for ensuring that any product into which Products are incorporated, other components used with DCS' Products, and the purposes for which DSC's Products are used are appropriate and compatible with those Products. THE WARRANTY IN THIS SECTION 11 IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. DCS EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DCS IS NOT RESPONSIBLE IN ANY WAY FOR DAMAGE TO A PRODUCT, PROPERTY DAMAGE OR PHYSICAL INJURY RESULTING IN WHOLE OR IN PART FROM (1) IMPROPER OR CARELESS USE, (2) UNAUTHORIZED MODIFICATIONS, OR (3) OTHER CAUSES BEYOND DCS'S CONTROL. IN NO EVENT IS DCS LIABLE TO THE BUYER OR ANY OTHER PERSON FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, LOSS OF PROFITS, OR FOR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
b. To obtain service under this warranty, unless DCS agrees otherwise, Xxxxx must contact the DCS Salesman or the DCS Customer Service Department to obtain a Return Material Authorization Number and provide to DCS a Purchase Order Number for non-warranted repairs and/or unauthorized credits. Buyer must pack any nonconforming Product carefully, and ship it, postpaid or freight prepaid, to DCS at 0000 XX Xxxxxxx Xxxxxxx, Xxxxxxxx, XX 00000 XXX before the expiration of the warranty period. Buyer must include a brief description of the nonconformity. Any actions for breach of this warranty must be brought within one year of the expiration of this warranty.
c. If DCS determines that a returned Product does not conform to the warranty in this Section 11, it will either repair or replace that Product, at DCS's discretion, and will ship the Product...
LIMITED WARRANTY AND REMEDIES. Value Plastics warrants to Buyer that the Products shall be free from defects in materials and workmanship. Any claims for breach of the foregoing warranty shall only be valid if Buyer makes such claim within sixty (60) days of the date of shipment of FITNESS FOR PARTICULAR USE. Any repair or attempt to repair Products by anyone other than an authorized representative of Value Plastics automatically voids any warranty on those Products. Value Plastics’ parts are not intended for human implantation or use in aircraft applications. Buyer may request free samples for testing and evaluation.
LIMITED WARRANTY AND REMEDIES. Coala Life warrants to you that the Licensed Product will materially conform to published specifications and be free from defects in materials, at the time that Coala Life ships the Licensed Product. Commencing upon the expiration of the Trial Period and continuing for twelve (12) months (the “Warranty Period”), Coala Life warrants solely to you that the Licensed Product shall perform the functions set forth in the Documentation existing on the Effective Date. If failure occurs during Warranty Period, you must notify Coala Life within two (2) weeks of the failure. Coala Life, at its sole option and expense, shall use commercially reasonable efforts to promptly correct any failure of the Licensed Product to perform in accordance with the foregoing limited warranty if the failure is reported during the Warranty Period. If Coala Life is unable, after using commercially reasonable efforts, to correct the failure of the Licensed Product to perform in accordance with the foregoing limited warranty, your sole and exclusive remedy shall be to terminate this Agreement and receive a refund of the payments actually received by Coala Life from you for the applicable Licensed Product during the monthly periods in which Coala Life was in breach of the foregoing limited warranty after you provided notice to Coala Life of your warranty claim. Coala Life shall have no obligation to make corrections, repairs, or replacements which result, in whole or in part, from your fault or negligence, or use of the Licensed Product in a manner not specified in the applicable Documentation. This Limited Warranty shall be void if the Licensed Product has been misused, neglected, improperly handled, altered, abused or used for any purpose other than the one for which it was manufactured or if the Licensed Product’s failure to conform to the Limited Warranty was due in whole or in part to conditions beyond the control of Coala Life. This Limited Warranty shall also be void, and Coala Life assumes no liability, with respect to the Licensed Product being altered in anyway or otherwise not used consistent with applicable Product Instruction for Use. This Limited Warranty does not cover normal wear and tear. See Subscription Services and Purchase Terms sections for software and hardware specific coverage terms. In the event that Coala Life determines that a problem under investigation by Coala Life is not the result of the Licensed Product, you may, at the discretion of Coala Life, be required...
LIMITED WARRANTY AND REMEDIES. 2.1 Warranties. Loud warrants to Customer that the Product will be free from defects in materials and workmanship under normal use during the Warranty Period of 90 days. This Product Warranty does not include: (a) physical installation or removal of the Product at or from Customer's site; (b) visits to Customer's site; (c) labor necessary to effect repairs or replace defective parts other than during normal business hours Pacific time, exclusive of weekends and Loud / authorized service center holidays; (d) expendable or disposable items; (e) Product calibration; (f) any power distribution related to the Product, accessories or other devices associated with the use of the Product within the Customer's facility (e.g., outlets, fuse boxes and wiring); (g) Products with missing or altered inspection seals or serial numbers; (h) normal wear and tear such as scratches, etc; or (i) any work with any third party equipment or software.
LIMITED WARRANTY AND REMEDIES. 3.01 For a period of fourteen (14) months from date of shipping at the LICENSEE'S site specified in Schedule A, LICENSOR warrants that the Licensed Product will conform to published performance specifications applicable as of the date of this agreement and will be free from defects in workmanship, under normal use and service, when correctly installed and maintained.
LIMITED WARRANTY AND REMEDIES. Carnegie Speech warrants that the SOFTWARE PRODUCT will perform substantially in accordance with the accompanying written materials for a period of thirty (30) days from the date of installation, provided you operate the SOFTWARE PRODUCT in accordance with such written materials. Carnegie Speech’s and its suppliers’ entire liability and your exclusive remedy shall be, at Carnegie Speech’s option, either (a) return of the price paid, if any, or (b) repair or replacement of the SOFTWARE PRODUCT that does not meet Carnegie Speech’s limited warranty set forth above and which is returned to Carnegie Speech along with proof of purchase. The above limited warranty is void if failure of the SOFTWARE PRODUCT has resulted from accident, abuse, or misapplication. Outside the United States, neither these remedies nor any product support services offered by Carnegie Speech are available without proof of purchase from an authorized international source.
LIMITED WARRANTY AND REMEDIES. Contractor warrants that its Services and Deliverables/Work Products will conform in all material respects to the applicable specifications set forth in Appendix A (“Scope of Work”), Appendix B (“Calculation of Charges”) or elsewhere in this Agreement for a period of twelve (12) months from the date of District's Acceptance (the "Warranty Period"). District must report any deficiencies to Contractor in writing within the Warranty Period to receive the remedies detailed in this Section for any deficiencies discovered in the Services and/or Deliverables/Work Products during the warranty period (“Warranty Remedies”). District’s Limited Warranty Remedies are as follows: for Contractor to provide corrected Services and/or Deliverables/Work Products to District to correct the deficiencies, and if Contractor is unable to correct the deficiencies within thirty (30) days following receipt of a notice of deficiency under this Limited Warranty, unless another time period is mutually agreed upon in writing by the parties, District is entitled to recover the fees paid to Contractor for the deficient portion(s) of the Services and/or Deliverables/Work Products, however, Contractor shall not thereby be relieved of its obligation to provide corrected Services and/or Deliverables/Work Products to District to correct the deficiencies as provided for in this Section.
