Limited Warranty and Remedy. (a) PenPower warrants that the Software will conform to the functional description set forth in its standard documentation, but does not warrant that the use of the Software will operate uninterrupted or error free. Any revisions or upgrades to the Software shall not restart or affect the warranty period.
(b) You agree that your remedy for breach of the above-stated limited warranty shall be, either: (i) correction or replacement of the Software with products which conform to the above-stated limited warranty; or (ii) return of the price paid for the Software and termination of this Agreement. Such remedy shall be provided to you by PenPower only if you give PenPower written notice of any breach of the above-stated limited warranty, within thirty (30) days of receipt of the Software.
Limited Warranty and Remedy. (a) Excluding Third Party Products, SAP warrants to you that: (i) for a period of six (6) months from delivery of the Software, the Software will substantially conform to the functional description set forth in its standard documentation; and (ii) for a period of six (6) months from delivery the physical media (e.g., CD-ROM, DVD, and Electronic Software Distribution) will be free from defects in materials and workmanship. Any implied warranties on the Software and Third Party Products and media are limited to thirty (30) days from delivery to the extent such warranties cannot be disclaimed under Section 8(c) below. The above warranties specifically exclude defects resulting from accident, abuse, unauthorized repair, modifications, or enhancements, or misapplication. SAP does not warrant that use of the Software will operate uninterrupted or error free. Delivery of additional copies of, or revisions or upgrades to, the Software, including releases provided under Support Services, shall not restart or otherwise affect the warranty period.
(b) Your exclusive remedy for breach of the above-stated limited warranty shall be, at SAP’s option, either: (i) correction or replacement of the Software with product(s) which conform to the above-stated limited warranty; or (ii) return of the price paid for the Software and termination of this License Agreement with respect to those copies not in compliance. Such remedy shall be provided to you by SAP only if you give SAP written notice of any breach of the above-stated limited warranty, within six (6) months of delivery of the Software.
Limited Warranty and Remedy. (Section 8): The following is added:
Limited Warranty and Remedy. Seagate warrants the physical media (e.g. diskette(s) or CD-ROM), and the physical documentation, to be free of defects in materials and workmanship for a period of 90 days from the original purchase date. If Seagate receives notification within this warranty period of any such defects and such notification is determined to be correct, Seagate will, at its sole option and discretion, repair or replace the media or documentation, or provide you a full refund. The foregoing is your sole and exclusive remedy arising out of this warranty. This limited warranty is void if the damage or defect has resulted from accident, abuse or misapplication.
Limited Warranty and Remedy. The Software is provided by the Company and accepted by the End-User "as is." The Company warrants only that the Software and any provided hardware will perform substantially in accordance with the Company's accompanying explanatory materials for the duration of the End-User's subscription period. The Company's sole and exclusive liability, and your exclusive remedy, for any breach of this sole warranty or this Agreement, shall be limited to (at the Company's option) either the (i) replacement or (ii) repair of the Software (or the provided hardware, as the case may be). Any replacement Software or hardware will be warranted similarly. The Company is not liable for any performance delays or for nonperformance due to causes beyond its reasonable control or caused by you or any third party(ies). The Company does not warrant the Software, any provided hardware, or headsets against damage, loss, or theft. This Limited Warranty is in addition to any and all other warranties that may be passed through to the End-User by the Company from third party software vendors (e.g., Microsoft). This limited warranty is void if any failure of the Software results from any accident, abuse, misapplication, or modification of the Software by you or any third party. Headsets resold to the End-User as a service to the End-User become the property and responsibility of the End-User and may include a limited warranty from the manufacturer but will not include a separate warranty from the Company. THE ABOVE-STATED LIMITED WARRANTY AND REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, AND THE COMPANY AND ITS DISTRIBUTORS DISCLAIM ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF NON- INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES. IN SUCH STATES SOME OR ALL OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Limited Warranty and Remedy. PCE warrants it is authorized to use credit report data to perform the Service. PCE makes no warranty, expressed or implied, including but not limited to the adequacy, the merchantability and fitness for a particular purpose, nor the compatibility of the Service provided hereunder with Dealership’s intended use of the same, except that PCE will perform its obligations pursuant to this Agreement. The Service is provided on an “As Is, As Available” basis. Furthermore, PCE reserves the right to make changes to any and all aspects of the Service, at any time, without any obligation to notify any person or entity of such changes. To be certain that the Service complies with federal, state, and local law, Dealership must consult with and obtain the opinion of the attorney of its choice and at its own expense. In the event any PCE owners, officers, employees or representatives have made any oral or written representations regarding the Service which conflict with this Agreement or any published literature or advertising materials, such statements shall not be deemed warranties, shall not be relied upon by Dealership and shall not be deemed part of this Agreement. THIS SECTION CONTAINS PCE’S ONLY WARRANTY CONCERNING THE SERVICE, AND IS MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS, ARISING BY CONTRACT OR BY LAW, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTIBILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE, WHICH WARRANTIES AND REPRESENTATIONS ARE HEREBY DISCLAIMED. PCE will not be liable for any indirect, special, incidental, or consequential damages, including, but not limited to lost profits or exemplary damages, whether due to negligence or other form of tort or contractual liability, even if we have been advised of the possibility of such damages. PCE’s total liability relating to this Agreement for breach of contract, negligence, or any other claim shall in no event exceed the fees PCE receives hereunder.
Limited Warranty and Remedy. TABS does not warrant that the operation of the Service will be uninterrupted or error free or that the functions of the Service will meet your needs or requirements. TABS’s sole and exclusive liability and your exclusive remedy for breach of warranty shall be limited to either, at TABS’s option, the replacement of the media for the Service or to refund your money upon returning the Service. Any replacement Service will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. TABS is not liable for performance delays or for nonperformance due to causes beyond its reasonable control. This Limited Warranty is void if failure of the Service resulted from accident, abuse, or misapplication. THE STATED LIMITED WARRANTIES AND REMEDY ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS. TABS DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF NON-INFRINGEMENT,
Limited Warranty and Remedy. Seller warrants to the original purchaser that any original part that is found to be defective in material or workmanship will, at Seller’s option and as Customer's sole and exclusive remedy, subject to provisions hereinafter stated, be replaced with a new or rebuilt part. The labor warranty remains in effect one (1) year from installation or fifteen (15) months from the shipping date, whichever occurs first. Seller will bear normal labor charges performed by an authorized Seller service agent during standard business hours and excluding overtime, holiday rates or any additional fees. The parts warranty remains in effect for one (1) year from installation or fifteen (15) months from the shipping date, whichever occurs first. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL SELLER BE LIABLE FOR LOSS OF USE, LOSS OF REVENUE OR PROFIT, OR LOSS OF PRODUCT, OR FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Limited Warranty and Remedy. 21.1 ANY REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PRODUCT, SOFTWARE, UPDATES AND DOCUMENTATION ARE THOSE EXPRESSLY MADE BY NBUSA IN THIS PRODUCT AGREEMENT.
21.2 NBUSA warrants that the Services will be performed in a good and workmanlike manner. The sole, entire and exclusive liability of NBUSA and the sole, exclusive and entire remedy in the event of any breach of the foregoing warranty shall be that, at the sole option of NBUSA in its sole discretion, NBUSA shall either (a) re-perform the Services in question or (b) refund the Fees associated with such Services. THE FOREGOING IS THE SOLE, ENTIRE AND EXCLUSIVE WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, MADE BY OR ON BEHALF OF NBUSA, ITS AGENTS, SUPPLIERS AND SUBDISTRIBUTORS RESPECTING THE SERVICES. ANY AND ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR USE OR PURPOSE ARE HEREBY EXPRESSLY DISCLAIMED IN THEIR ENTIRETIES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
21.3 NEITHER NBUSA NOR ANY PERSON OR ENTITY THAT HAS BEEN INVOLVED IN THE DESIGN, DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, MARKETING OR DELIVERY OF THE PRODUCT OR ANY OF ITS COMPONENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING DIRECTLY OR INDIRECTLY OUT OF THE SERVICES HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE EVEN IF NBUSA OR OTHERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
21.4 NBUSA SHALL HAVE NO LIABILITY FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER SPECIAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF NBUSA, ITS AGENTS AND SUPPLIERS, SUBDISTRIBUTORS OR RESELLERS CONCERNING ANY CLAIM ARISING FROM OR RELATING TO THIS SERVICE AGREEMENT AND/OR ANY SERVICES PROVIDED HEREUNDER, EXCEED THE AMOUNT OF FEES PAID BY YOU FOR THE APPLICABLE.
21.5 EACH PERSON OR ENTITY SIGNING AS CLIENT IS JOINTLY AND SEVER...
Limited Warranty and Remedy. For the warranty period described below by product, Toshiba, as its only obligation, will replace or repair, without charge to Customer during Toshiba’s normal working hours (if Customer requests warranty service outside such hours, Customer will pay overtime premium for labor), any component of the Equipment that is defective in materials or workmanship, provided such defect is reported to Toshiba within the warranty period. Toshiba’s warranty period is as follows: (a) Systems and Major Components - one year from date of completion of installation; (b) Accessories/Options (except glassware) - six months from date of completion of installation. Toshiba does not warrant that the operation of the Equipment will be uninterrupted. Components not manufactured by Toshiba, including but not limited to X-Ray tubes, monitors, glassware, VTRS, cameras, computer equipment, and software will be furnished subject only to the manufacturer’s warranty, if any, and without any warranty whatsoever by Toshiba. During the warranty period, Toshiba will furnish free of charge any upgrades, including software required to correct any defect in the Equipment or as required under applicable laws. All defective parts replaced by Toshiba will become the property of Toshiba. Replacement parts may be re-manufactured. However, such parts will meet the manufacturer’s specifications for new components as of the date of completion of installation. TOSHIBA’S OBLIGATION TO REPAIR OR REPLACE DEFECTIVE PARTS WILL BE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR A BREACH OF THE WARRANTY SET FORTH IN THIS SECTION. SUCH WARRANTY WILL BE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The warranty set forth in this Section will not apply to, and Toshiba will not be liable for any defects resulting from misuse, repairs performed by unauthorized third parties, accidents, acts of God, or neglect of anyone other than Toshiba.
