Common use of Limited Warranty; Disclaimer Clause in Contracts

Limited Warranty; Disclaimer. INDEMNITY. --------------------------------------- a. Company provides only the warranty set forth in its warranty policy, as modified by this Section 13(a). Distributor will handle and be responsible for all warranty returns from its direct customers. Products obtained from Company that do not comply with the warranty and are returned (by Distributor only) to Company during the warranty period (as shown by appropriate documentation) will be repaired or replaced at Company's option, provided Distributor bears the cost of freight and insurance to the point of repair. Company will bear the cost of freight and insurance for return of goods to Distributor. If Company cannot, or determines that it is not practical to, repair or replace the returned Product, the price therefor paid by Distributor will be refunded or, at the Company's discretion, credited against other Distributor obligations or toward future purchases. COMPANY MAKES NO OTHER WARRANTIES WITH RESPECT TO THE PRODUCTS OR ANY SERVICES AND DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ANY ACTION AGAINST COMPANY BASED ON THIS AGREEMENT MUST BE BROUGHT WITHIN ONE YEAR FOLLOWING INJURY. b. The above warranty does not extend to any Product that is modified or altered, is not maintained to Company's maintenance recommendations, is operated in a manner other than that specified by Company, has its serial number removed or altered or is treated with abuse, negligence or other improper treatment (including, without limitation, use outside the recommended environment). Distributor's sole remedy with respect to any warranty or defect is as stated above. c. Distributor may extend its own product warranty to its customers provided Distributor alone shall be responsible to such customer thereof and neither Distributor nor such customer shall have recourse against Company with respect thereto. Distributor hereby agrees to indemnify and hold Company harmless from any and against all claims, actions, losses, damages, costs, liabilities and expenses (including reasonable attorneys' fees) based upon any express or implied warranty made by Distributor to any customer.

Limited Warranty; Disclaimer. INDEMNITY(a) Riverbed warrants to Partner that the Services will be provided in a professional manner in accordance with generally accepted industry standards. --------------------------------------- a. Company provides only Partner’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect to any failure to provide the Services in accordance with the foregoing warranty is to re-perform the applicable Services. Products are provided with the limited warranty as set forth in the XXXX. Products will be new (other than Products that were previously used in a customer evaluation or replacement Products provided as part of Support or warranty) on original shipment from Riverbed unless otherwise designated by Riverbed at the time of order or on its warranty policy, as modified by this Section 13(athen-current price list (e.g. all Product SKUs designated with a “-E” are refurbished Products). Distributor will handle and be responsible for all warranty returns from its direct customers. Products obtained from Company Riverbed that do not comply with the applicable warranty and are returned (by Distributor only) Partner to Company Riverbed during the applicable warranty period (as shown by appropriate documentationand for which a Riverbed RMA has been issued) will be repaired or replaced at Company's Riverbed’s option, provided Distributor that Partner bears the cost of freight and insurance to the point of repairrepair or return. Company Riverbed will bear the cost of freight and insurance for return of goods to DistributorPartner. If Company Riverbed cannot, or determines that it is not practical to, repair or replace the returned Product, the price therefor paid to Riverbed for returned non-conforming units of Product for which full documentation and proof of non-conformity is provided to Riverbed (and for which a Riverbed RMA has been issued) within the applicable warranty period will be credited to Partner or the End User making the warranty claim. Riverbed is not responsible for any difference between the amount paid to Riverbed for the returned Product and the amount paid by Distributor will be refunded orPartner or a customer for such returned Product. Partner’s sole and exclusive remedy, at and Riverbed’s sole and exclusive obligation, with respect to any nonconformity, deficiency, warranty or defect with respect to the Company's discretionProducts and/or Services is as stated above in this Section. (b) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, credited against other Distributor obligations or toward future purchases. COMPANY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, RIVERBED MAKES NO OTHER WARRANTIES WITH RESPECT TO THE ANY PRODUCTS OR ANY SERVICES AND DISCLAIMS ALL OTHER WARRANTIESWARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, SECURITY, RELIABILITY AND NONINFRINGEMENT. RIVERBED ALSO MAKES NO WARRANTY REGARDING NONINTERRUPTION OF USE OR FREEDOM FROM BUGS OR THAT ANY ACTION AGAINST COMPANY BASED ON PRODUCT OR SERVICE WILL MEET PARTNER’S OR ANY END USER’S REQUIREMENTS. THIS AGREEMENT MUST BE BROUGHT WITHIN ONE YEAR FOLLOWING INJURYDISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. b. The above warranty does not extend to any Product that is modified or altered, is not maintained to Company's maintenance recommendations, is operated in a manner other than that specified by Company, has its serial number removed or altered or is treated with abuse, negligence or other improper treatment (including, without limitation, use outside the recommended environment). Distributor's sole remedy with respect to any warranty or defect is as stated above. c. Distributor may extend its own product warranty to its customers provided Distributor alone shall be responsible to such customer thereof and neither Distributor nor such customer shall have recourse against Company with respect thereto. Distributor hereby agrees to indemnify and hold Company harmless from any and against all claims, actions, losses, damages, costs, liabilities and expenses (including reasonable attorneys' fees) based upon any express or implied warranty made by Distributor to any customer.

Limited Warranty; Disclaimer. INDEMNITYNMA warrants that, for a period of 30 days after Your receipt of the Product, the Product will perform substantially in accordance with its applicable specifications. --------------------------------------- a. Company provides only NMA 's sole obligation and Your entire remedy for breach of the above warranty set forth in is for NMA, at its warranty policysole option and expense, as modified by this Section 13(a). Distributor will handle and be responsible for all warranty returns from its direct customers. Products obtained from Company that do not comply with the warranty and are returned to: (by Distributor onlya) to Company during the warranty period (as shown by appropriate documentation) will be repaired or replaced at Company's option, provided Distributor bears the cost of freight and insurance to the point of repair. Company will bear the cost of freight and insurance for return of goods to Distributor. If Company cannot, or determines that it is not practical to, repair or replace the non-conforming Product returned Product, during the price therefor warranty period; or (b) refund all fees paid by Distributor will be refunded orYou for the non-conforming Product returned during the warranty period. This limited warranty is void if any non-conformity has resulted from any accident, at abuse, misuse, misapplication, or modification of or to the Company's discretionProduct or any breach of this Agreement. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 9, credited against other Distributor obligations or toward future purchases. COMPANY MAKES NO OTHER ALL PRODUCT IS PROVIDED "As IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE PRODUCTS OR OF ANY SERVICES KIND AND DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, ARISING BY LAW OR OTHERWISE, ARE EXPRESSLY DISCLAIMED AND EXCLUDED BY NMA, INCLUDING, WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY MERCHANTABILITY, TITLE, NON• INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. ANY ACTION AGAINST COMPANY BASED ON THIS AGREEMENT MUST NMA DOES NOT WARRANT THAT THE P RODUCT WILL BE BROUGHT WITHIN ONE YEAR FOLLOWING INJURYACCURATE, CURRENT OR COMPLETE, THAT THE P RODUCT WILL MEET YOUR NEEDS OR EXPECTATIONS, OR THAT T H E OPERATION OF THE PRODUCT W I L L BE ERROR FREE OR UNINTERRUPTED. NMA PROVIDES ALL CONTENT AS A SERVICE TO YOU. SPATIAL, SPECTRAL, AND TEMPORAL ACCURACY CANNOT BE GUARANTEED. NMA RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO MODIFY CERTAIN IMAGE CHARACTERISTICS OF THE C ONTENT INCLUDING, BUT NOT LIMITED TO, WATERMARKING AND DIMENSIONS. b. The above warranty does not extend to any Product that is modified or altered, is not maintained to Company's maintenance recommendations, is operated in a manner other than that specified by Company, has its serial number removed or altered or is treated with abuse, negligence or other improper treatment (including, without limitation, use outside the recommended environment). Distributor's sole remedy with respect to any warranty or defect is as stated above. c. Distributor may extend its own product warranty to its customers provided Distributor alone shall be responsible to such customer thereof and neither Distributor nor such customer shall have recourse against Company with respect thereto. Distributor hereby agrees to indemnify and hold Company harmless from any and against all claims, actions, losses, damages, costs, liabilities and expenses (including reasonable attorneys' fees) based upon any express or implied warranty made by Distributor to any customer.

Limited Warranty; Disclaimer. INDEMNITY(a) Subject to the limitations set forth below, Seller hereby makes the following warranties with respect to the products or services sold or provided by it under this Agreement: (i) materials of new product construction and work performed thereon by Seller are warranted to conform in all substantial respects to the applicable Seller promulgated specifications, drawings, blueprints, and/or samples, and to be free from defects in material content and seller’s workmanship, for a period of twenty-four (24) months from date of shipment; and (ii) materials of construction and work performed for repaired products or for any and all field services performed by Seller are warranted to conform in all substantial respects to the applicable promulgated specifications, drawings, blueprints, and/or samples and to be free from defects in material content and seller’s workmanship, for a period of twelve (12) months from date of shipment or date upon which field services work was completed. --------------------------------------- a. Company provides The foregoing warranties shall not extend to any goods, services or parts thereof which have been subjected to misuse, misapplication or neglect, damaged by accident, rendered defective by reason of improper installation, or by the performance of repairs or alterations outside of Seller’s plant, except when performed under Seller’s specific authority. This warranty shall not apply to any goods, services or parts thereof furnished or solicited by Buyer or acquired from others at Buyer’s request and/or Buyer’s specifications. The foregoing warranties shall not apply to any components not manufactured by Seller (such as bearings and seals) which are attached to, incorporated in or otherwise made a part of Seller’s goods, it being acknowledged by Buyer that only the warranty set forth respective original manufacturers’ warranties with respect to such components shall be offered to Buyer to the extent permitted by such manufacturer. (b) If goods are claimed to be defective in its warranty policymaterial content or Seller’s workmanship, or not to conform in all substantial respects to specifications, designs, drawings, blueprints, and/or samples, Seller, upon written notice promptly given, will either examine the goods at their site or issue shipping instructions for their return to Seller (transportation costs prepaid by Buyer). In the event any goods or services are determined by Seller to be defective and covered by this warranty, transportation costs to and from Seller’s plant, as modified well as de-installation, installation, re-installation and any related costs, will be borne by this Section 13(aBuyer. In case of a dispute as to whether the goods or services meet contract specifications, Seller or Buyer may designate a mutually acceptable independent testing company and/or surveyor to make an examination and in such case said testing company’s and/or surveyor’s findings shall be conclusive and binding on both parties (the expense of which examination shall be borne by Seller with respect to each item found not to conform to specification and by Buyer with respect to each item found to conform to specifications). (c) With respect to any claim of breach of warranty hereunder, Buyer shall notify Seller in writing within ten (10) days from the date the defect is discovered or, upon reasonable inspection, should have been discovered. Distributor will handle Buyer’s failure to give such written notice of such claim within such 10-day period shall constitute an unqualified acceptance of the product or service and be responsible for a waiver of all warranty returns from its direct customersclaims with respect thereto. Products obtained from Company that do not In the event timely notice is given by Xxxxx, but Seller fails to comply with its obligations hereunder, Xxxxx agrees that any action for a breach of warranty or any other provision of this Agreement will be, and must be, commenced within one (1) year from the warranty and are returned date the alleged breach was discovered or should have been discovered, whichever occurs first. (by Distributor onlyd) to Company during the warranty period BUYER AND SELLER EXPRESSLY AGREE THAT SELLER’S SOLE OBLIGATION UNDER THIS WARRANTY SHALL BE TO ISSUE CREDIT, REPAIR OR REPLACE (as shown by appropriate documentationALL AT SELLER’S OPTION) will be repaired or replaced at Company's optionANY ITEM OR PART THEREOF MANUFACTURED OR SERVICED BY SELLER WHICH SELLER DETERMINES TO BE OTHER THAN AS WARRANTED; NO ALLOWANCE SHALL BE MADE FOR ANY LABOR, provided Distributor bears the cost of freight and insurance to the point of repair. Company will bear the cost of freight and insurance for return of goods to Distributor. If Company cannotCHARGES OF BUYER FOR REPLACEMENT OF PARTS, or determines that it is not practical toADJUSTMENTS OR REPAIRS, repair or replace the returned ProductOR ANY OTHER WORK, the price therefor paid by Distributor will be refunded or, at the Company's discretion, credited against other Distributor obligations or toward future purchases. COMPANY MAKES NO UNLESS SUCH CHARGES ARE AUTHORIZED IN WRITING IN ADVANCE BY SELLER. (e) THE WARRANTIES SET FORTH IN SECTION 10(a) ABOVE ARE IN LIEU OF ALL OTHER WARRANTIES AND COMPRISE SELLER’S SOLE AND ENTIRE WARRANTY OBLIGATION AND LIABILITY TO BUYER, ITS CUSTOMERS AND ASSIGNS IN CONNECTION WITH RESPECT TO THE PRODUCTS OR ANY GOODS AND SERVICES AND DISCLAIMS SOLD HEREUNDER. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY AND AND/OR FITNESS FOR A ANY PARTICULAR PURPOSE. ANY ACTION AGAINST COMPANY BASED ON THIS AGREEMENT MUST BE BROUGHT WITHIN ONE YEAR FOLLOWING INJURY, ARE EXPRESSLY EXCLUDED. b. The above warranty does not extend to any Product that is modified or altered, is not maintained to Company's maintenance recommendations, is operated in a manner other than that specified by Company, has its serial number removed or altered or is treated with abuse, negligence or other improper treatment (including, without limitation, use outside the recommended environment). Distributor's sole remedy with respect to any warranty or defect is as stated above. c. Distributor may extend its own product warranty to its customers provided Distributor alone shall be responsible to such customer thereof and neither Distributor nor such customer shall have recourse against Company with respect thereto. Distributor hereby agrees to indemnify and hold Company harmless from any and against all claims, actions, losses, damages, costs, liabilities and expenses (including reasonable attorneys' fees) based upon any express or implied warranty made by Distributor to any customer.