Limited Warranty Remedies. 4.1 If the Owner submits a timely and eligible claim under the Limited Product Workmanship Warranty or the Limited Power Output Warranty set forth above, Panasonic USA will provide one of the following remedies in its sole discretion: (1) an additional new or refurbished Product, (2) repair and replace the Product, or (3) a provide a refund to Owner in limited circumstances only in accordance with Section 4-2 below.
4.2 Panasonic USA may, in its sole discretion, refund the original Product purchase price to Owner in response to in-warranty claim under Section 2 or Section 3 above. Any refund may be pro-rated by the number of months from the date of original purchase by the original Owner and/or may be calculated based on the difference between actual power output (Product measured under STC) and minimal guaranteed output.
Limited Warranty Remedies. Panasonic, at is sole discretion, will take one of following remedies
a. PANASONIC will repair or replace the Product with new or refurbished Product
b. PANASONIC will provide additional new or refurbished Product to restore deficient output;
c. PANASONIC will refund the Customer the original Product purchase price. Any refund may be pro-rated by the number of months from the date of original purchase by the Customer and/or may be calculated based on the difference between actual power output (Product measured under STC) and minimal guaranteed output;
Limited Warranty Remedies. Customer's exclusive remedy with respect to any breach of the express warranties set forth in Section 7.1 shall be limited to, at CMC's option, (a) the repair or correction of any defective or nonconforming Licensed Program, or (b) the replacement of any defective or nonconforming Licensed Program. CMC shall have no obligation to make corrections, repairs or replacements for any material non-conformity or defect which results, in whole or in part, from (i) any force majeure event (as described below in Section 13.7) related to Customer, (ii) the fault or negligence of Customer, (iii) use of the Licensed Program in a manner for which it was not designed, including, without limitation, use of the Licensed Program with computer hardware and/ software other than the Supported Systems, (iv) modifications of the Licensed Program by anyone other than authorized employees or agents of CMC, (v) causes external to the Licensed Program such as, but not limited to, power failure or electrical power surges, (vi) the interaction of the Licensed Program with software not provided by CMC, or (vii) Customer's failure to install any update provided by CMC which would have avoided the defect. CMC shall not be obligated to correct, cure, or otherwise remedy any such nonconformity or defect in the Licensed Program if Customer has not reported to CMC the existence and nature of such nonconformity or defect within thirty (30) days following discovery thereof. Notwithstanding anything to the contrary in this Agreement, CMC reserves the right at its sole discretion, at any to time, to supersede versions of the Licensed Program with newer versions which may add, modify, or replace specific features or characteristics of earlier versions. Customer shall agree to accept, install and use such replacements, which versions shall also be deemed warranty replacements for purposes of this Section 8.1-
Limited Warranty Remedies. Unless otherwise set forth below, or otherwise provided in an applicable Proposal, a defective or nonconforming Product or part thereof will be repaired or, at Seller’s option, replaced free of charge, FCA, if a warranty claim with regard to such defective or nonconforming part is made within twelve (12) months from the date of shipment (the “Limited Warranty”).
Limited Warranty Remedies. 10.1. Licensor warrants that the Software will perform substantially in accordance with the accompanying Documentation for a period of ninety (90) days from the date of Licensee’s receipt (“Initial Warranty Period”). Licensee must immediately report any nonconformance to Licensor in writing during the Warranty Period. Any implied warranties that cannot be disclaimed by contract are hereby limited to the Initial Warranty Period. Licensee’s exclusive remedy for any breach of the foregoing limited warranty shall be, at Licensor’s option, either for Licensor to modify, correct, or replace the Software or, if Licensor is unable to provide a reasonable replacement or work-around for the reported nonconformance, Licensor will accept the return of the defective Software and terminate this Agreement. Licensor will refund the License Fee received by Licensor for such Software. This warranty shall not apply to any Software which has been modified by Licensee or by any party other than Licensor or which has been improperly installed or used in any manner other than as authorized under this Agreement.
Limited Warranty Remedies a. SANYO may repair or replace the Product with new or refurbished Product; or
b. SANYO may provide additional new or refurbished Product to restore deficient output; or
c. SANYO may refund the Customer the original Product purchase price. Any refund will be pro-rated by the number of months from the date of original purchase by the Customer.
Limited Warranty Remedies. 4.1 If the Owner submits a timely and eligible claim under the Module Product Workmanship Limited Warranty or the Power Output Limited Warranty set forth above, Panasonic USA will provide one of the following remedies in its sole discretion: (1) an additional new or refurbished Module, (2) repair and replace the Module, or (3) a provide a refund to Owner in limited circumstances only in accordance with Section 4-2 below.
4.2 Panasonic USA will refund the Owner the original Module purchase price. Any refund may be pro-rated by the number of months from the date of original purchase by the original Owner and/or may be calculated based on the difference between actual power output (Module measured under STC) and minimal guaranteed output.
Limited Warranty Remedies. Onapsis and its licensor(s) represent and warrant to Customer that (i) the Software, under normal use and if installed properly (on hardware appropriate for use therewith, if applicable), shall perform substantially in accordance with the Documentation for 30 days from the date Onapsis delivers the Key pursuant to Section III.1 above, (ii) upon delivery, the Software shall not contain any viruses, Trojan horses, worms, traps, back doors, disabling devices or code that self-replicates, and (iii) the Support Services shall be of professional quality conforming to generally accepted industry standards and practices. The sole remedy for a breach of the Limited Warranties with respect to the Software set forth in this Section shall be for Onapsis to correct the Software, provided Customer submits written notice of such breach to Onapsis immediately upon discovering said breach, setting forth in reasonably sufficient detail for Onapsis to reproduce the defect or otherwise reasonably identify the error during the warranty period. The sole remedy for a breach of Section VII.1 (iii) with respect to Support Services shall be re-performance of the Support Services. ANY BREACH BY CUSTOMER OF THE LICENSE RESTRICTIONS SET FORTH HEREIN SHALL VOID ALL WARRANTIES.
Limited Warranty Remedies. Company warrants that (a) the Equipment sold shall be free from defects in materials and workmanship for a period of twelve (12) months after delivery; and (b) Services rendered shall be performed consistent with generally accepted industry standards and shall be warranted for period of six (6) months from the date of performance of the Services; provided, however, that the Company-certified “pre-owned” and/or demonstration Equipment have a limited warranty period of six
Limited Warranty Remedies. (a) Microsoft warrants that Microsoft-hosted services will perform in accordance with the applicable SLA during Customer’s use. Customer’s remedies for breach of this warranty are described in the SLA. All applicable SLAs are published on xxxxxxxxx.xxx/xxxxxxxxx/xxxxxxxxx or a successor site.
(b) Microsoft warrants that the software version that is current at the time will perform substantially as described in the applicable product documentation for one year from the date Customer acquires a license for that version. If it does not, and Customer notifies Microsoft within the warranty term, Microsoft will, at its option, (a) return the price Customer paid for the Software license or (b) repair or replace the Software.
(c) The remedies above are Customer’s sole remedies for breach of the warranties in this section. Customer waives any warranty claims not made during the warranty period.
(d) The warranties in this Agreement do not apply to problems caused by accident, abuse, or use inconsistent with this Agreement, including failure to meet minimum system requirements. These warranties do not apply to free, trial, preview, or prerelease products, or to components of products that Customer is permitted to redistribute.
(e) Except for the limited warranties above and subject to applicable law, Microsoft provides no other warranties or conditions for Products and disclaims any other express, implied or statutory warranties for Products, including warranties of quality, title, non-infringement, merchantability, and fitness for a particular purpose.
