Limited Warranty on Services Sample Clauses

Limited Warranty on Services. Tech Data warrants that Services will be performed in a reasonable and workmanlike manner. Customer's sole remedies for breach of this Services warranty are, at Tech Data Services's sole discretion, to: (i) re-perform the Tech Data Services, or (ii) refund the portion of the fees paid by Customer that relate to the non-conforming Tech Data Services (support service doesn’t allow refund). Tech Data will have no obligation with respect to any warranty claim if the claim is the result of (i) damage caused by unauthorized modification by You or any third party not performing under the direction of Tech Data, (ii) any abuse or misuse or improper use or operation by You or any third party not performing under the direction of Tech Data, (iii) electrical problems; accidents; use in dusty atmospheres, static electricity; inadequate environment, fire, flood, wind or lightning. (iv) any repair or maintenance, alteration or modification of the Deliverables not performed by Tech Data or its authorized personnel, (v) any of your non- suitable infrastructure or the irregular operation of infrastructure, (vii) damages resulting from the use of a modified or old version of the Deliverables or Services if those damages could have been prevented by using the unmodified or most recent version made available by Tech Data. This section (“Limited Warranty”) states Tech Data’s entire liability for warranty claims. The Customer must notify Tech Data in writing of any alleged breach of warranty within the applicable warranty period and no later than thirty (30) days after completion of the applicable Services. TO THE EXTENT PERMITTED BY LAW, TECH DATA MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, SUCH AS WARRANTY OF MERCHANTABILITY, FITNESS OR PURPOSE OR NON-INFRINGEMENT, AND DISCLAIMS ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, STATUTORY OR OTHERWISE. IN PARTICULAR, TECH DATA DOES NOT WARRANT THAT SOFTWARE PROVIDED BY TECH DATA IS UNINTERRUPTED OR ERROR-FREE.
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Limited Warranty on Services. Subject to the terms of the Sales Agreement, Heraeus warrants that for a period of 30 days from the date of substantial completion of the Services: (a) the Services will be performed by individuals who are experienced and skilled in their profession in accordance with industry standard; (b) the Services, when delivered, will (i) conform to their written specifications in all material respects; and (ii) be free from defects in workmanship. This warranty is only for the benefit of Customer and is not transferrable. Customer must notify Heraeus in writing of any Service defects within 45 days of the completion of the Services.
Limited Warranty on Services. Consultant warrants to Client that it will provide the Services hereunder utilizing reasonable care and professional skill in accordance with customary applicable industry standards. In the event that Consultant breaches this warranty, Client shall promptly notify Consultant in writing and shall specifically describe the deficiency and a determination as to whether re-performance is practicable Development Master Services Agreement under the circumstances. If applicable, Consultant agrees to promptly re-perform such Services that failed to meet this standard of care. If the Services as re-performed continue to fail to meet this standard of care, Consultant shall refund to Client that amount paid by Client for the deficient Services. Client must make any claim for breach of this warranty by written notice to Consultant within thirty (30) days of performance or re-performance of such Services.
Limited Warranty on Services. Subject to the terms and conditions set forth herein, Vacutech warrants to a Purchaser of installation services (the “Services”) that it shall perform the Services in a professional and workmanlike manner in accordance with industry standards for similar services (the “Services Limited Warranty”) and that such Services shall be warranted for a period of one (1) year from the final date of installation. Manufacturer’s Warranty on Variable Frequency Devices (VFD): To the extent permitted, Vacutech hereby assigns to a Purchaser of a Variable Frequency Device (VFD) the manufacturer’s warranty for any such VFD, subject to the terms and conditions set forth therein (the “VFD Manufacturer’s Warranty”). Vacutech will provide Purchaser with a copy of such warranty upon request. Other than the foregoing assignment of warranty, VFDs ARE SOLD “AS-IS” AND VACUTECH MAKES NO WARRANTY FOR VFDs, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limited Warranty on Services. Fortis warrants that Services provided by Fortis or its subcontractors in connection with the Products will be performed with reasonable skill and care. For any breach of this warranty reported to Fortis in writing within thirty (30) days after completion of the Services or the failure of Fortis to perform the services, Fortis shall, in its discretion, promptly perform, correct or re-perform those Services. Notwithstanding the foregoing, Fortis shall have no warranty liability for services provided by third party vendors or other service providers purchased by Customer in connection with the Services provided hereunder, even if Fortis has recommended such third party vendors or service providers.

Related to Limited Warranty on Services

  • Limited Warranty If Customer obtained the Software directly from TIBCO, then TIBCO warrants that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.

  • Services Warranty The Contractor warrants and represents that each of its employees, Subcontractors, or agents assigned to perform any services under the terms of this Agreement shall have the skills, training, and background reasonably commensurate with his or her level of performance or responsibility, so as to be able to perform in a competent and professional manner. The Contractor further warrants that the services provided hereunder will conform to the requirements of this Agreement. All warranties, including any special warranties specified elsewhere herein, shall inure to the Judicial Council, its successors, assigns, customer agencies, and any other recipients of the services provided hereunder.

  • Service Warranty Provider has carefully examined and analyzed the provisions of this Agreement, including but not limited to all exhibits attached and incorporated into it, and can and will perform, or cause, the Services to be performed in strict accordance with the provisions and requirements of the Agreement. Services will be performed in a timely, professional and workmanlike manner in accordance with all applicable industry and professional standards.

  • Limitations on Services (a) The Parties recognize that certain responsibilities and obligations are imposed by federal and state securities laws and by the applicable rules and regulations of stock exchanges, the National Association of Securities Dealers, Inc., in-house "due diligence" or "compliance" departments of Licensed Securities Firms, etc.; accordingly, the Employee agrees that he will not:

  • Customer Warranties Customer represents and warrants that:

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