Limited Warranty Remedy. In the event of breach of the Limited Warranty, ZEISS will, at its sole discretion, repair or replace any parts that it reasonably determines to have failed due to defects in material or workmanship during the Warranty Period, free of any charge for either parts or labor, or if such attempts to repair or replace do not succeed in remedying the defect(s) in workmanship and/or materials, ZEISS may, at its sole discretion, refund the value of the Nonconforming Product. ZEISS shall not be liable for a breach of the warranty set forth in Section 14.1 unless Xxxxx gives written notice of the defect, reasonably described, to ZEISS within 10 business days of the time when Xxxxx discovers or ought to have discovered the defect. This Section 14.4 represents ZEISS’ sole liability, and Xxxxx’s sole and exclusive remedy, for Nonconforming Product.
Limited Warranty Remedy. In the event of breach of the Limited Warranty, ZEISS will, at its sole discretion, replace or issue Buyer a refund for any nonconforming Product. ZEISS shall not be liable for a breach of the warranty set forth in Section 14.1 unless Xxxxx gives written notice of the defect, reasonably described, including whether such Product came into contact with any patients, to ZEISS within 10 business days of the time when Xxxxx discovers or ought to have discovered the defect. This Section 14.4 represents ZEISS’ sole liability, and Xxxxx’s sole and exclusive remedy, for Nonconforming Product.
Limited Warranty Remedy. (a) Cyclomedical warrants that each Product Unit supplied to Customer under this Agreement shall meet the quality requirements for the Product set forth in the SOPs and shall be delivered at the time specified in Section 3(c).
(b) In the event of any breach of the limited warranty set forth in Section 4(a), Cyclomedical will replace any Product Unit determined not to meet the required specifications, without charge to Customer. The provisions of this Section 4(a) are Customer’s only remedy for breach of the limited warranty set forth in Section 4(a) of this Agreement. THE LIMITED WARRANTY SET FORTH IN SECTION 4(A) OF THIS AGREEMENT IS EXCLUSIVE AND IN LIEU OF, AND CUSTOMER HEREBY WAIVES, ALL OTHER WARRANTIES RELATING TO THE PRODUCT, EXPRESSED OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF CYCLOMEDICAL WITH RESPECT TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limited Warranty Remedy. If Lative breaches the Performance Warranty, and Customer makes a reasonably detailed warranty claim within 30 days of discovering the issue, then Lative will use reasonable efforts to correct the breach or non- conformity. If Lative, acting reasonably, determines such remedy to be impracticable or Customer would otherwise be entitled to terminate the Agreement under Clause 13.1, either Party may terminate the affected Service Order. Lative will then refund to Customer any pre-paid, unused fees for the terminated portion of the Subscription Term.
Limited Warranty Remedy. 7.1. Apptoto warrants to Customer that the Software shall operate in substantial conformity with the Documentation (subject to the terms hereof), and that the Consulting Services, if any, will be performed in a professional and workmanlike manner. The foregoing warranty shall not apply if the non-conformance is not replicable or results from third party systems or components used by Customer to access the Software, including any lack of interoperability with such third party systems or components. The Software are provided “As-Is” and as available and Apptoto does not represent or warrant that operation of or access to the Software will be uninterrupted or error-free, or that all reported defects will be corrected.
7.2. Apptoto’s sole liability and Customer’s sole and exclusive remedy for any breach of the limited warranty set forth above shall be, in Apptoto’s sole discretion, to (i) use commercially reasonable efforts to provide an error-correction or work around for the reported non-conformity, or (ii) terminate this Agreement and refund to Customer the that portion of any prepaid Fee associated with any unused balance of the then-current term. Apptoto shall have no obligation with respect to a warranty claim unless notified of such claim promptly and the non-conformity and notice occurred during the term. Customer is solely responsible for maintaining its own connectivity and connection to the Software via any necessary hardware, software, telecommunications and internet connections, at its own cost and expense, and Apptoto is not responsible for any interruptions thereto. Customer expressly agrees that Apptoto shall not be liable in any manner for any interruption in or failure of access to the Software, nor shall any such interruption or failure of access be deemed a breach of the terms of this Agreement. If and to the extent the Software, includes, integrates or links to any third party content, data or software (“Third Party Content”), such as, without limitation, Google Calendar, Outlook Calendar, Office 365, Xxxxxxxxxx.xxx, etc. or any customer database or management program, Customer acknowledges and agrees that (a) Apptoto is not responsible for any Third Party Content; and (b) any Third Party Content may be subject to additional terms and conditions (including applicable terms of use, privacy policies, end user license terms, etc.), for which Customer shall be responsible for agreeing to and complying with. Without limiting the generality of t...
Limited Warranty Remedy. In the event of breach of the Limited Warranty, ZEISS will, at its sole discretion, repair or replace any parts that it reasonably determines to have failed due to defects in material or workmanship during the Warranty Period, free of any charge for either parts or labor, or if such attempts to repair or replace do not succeed in remedying the defect(s) in workmanship and/or materials, ZEISS may, at its sole option, refund the value of the Nonconforming Product. ZEISS shall not be liable for a breach of the warranty set forth in Section 13.1 unless Buyer gives written notice of the defect, reasonably described, to ZEISS within 10 business days of the time when Buyer discovers or ought to have discovered the defect.
Limited Warranty Remedy. In the event of breach of the Limited Warranty, ZEISS will, at its sole discretion, replace or issue Buyer a refund for any nonconforming Product. ZEISS shall not be liable for a breach of the warranty set forth in Section 13.1 unless Buyer gives written notice of the defect, reasonably described, including whether such Products came into contact with any patients, to ZEISS within 10 business days of the time when Buyer discovers or ought to have discovered the defect.
Limited Warranty Remedy. 22.1 THE ENTIRE LIABILITY OF SYSKIT AND ITS AFFILIATES RELATED TO SUCH WARRANTY CLAIM AND THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY UNDER ANY WARRANTY WILL BE LIMITED TO EITHER, AT SYSKIT’S OPTION, SUPPORT OF THE SOFTWARE BASED ON THE WARRANTY CLAIM, UPDATE OF THE SOFTWARE, OR, IF SUPPORT OR UPDATE IS NOT PRACTICABLE AT SYSKIT’S DETERMINATION, REFUND OF THE LICENSE FEE THE CUSTOMER PAID FOR THE SOFTWARE (IF ANY).
22.2 THE LIMITED WARRANTY SET FORTH IN THIS SECTION GIVES CUSTOMER- SPECIFIC LEGAL RIGHTS. THE CUSTOMER MAY HAVE ADDITIONAL RIGHTS UNDER LAW THAT MAY VARY FROM JURISDICTION TO JURISDICTION. SYSKIT DOES NOT SEEK TO LIMIT THE CUSTOMER’S WARRANTY RIGHTS TO ANY EXTENT NOT PERMITTED BY LAW. PLEASE SEE SECTION 25 (GOVERNING LAW AND JURISDICTION) FOR JURISDICTION-SPECIFIC PROVISIONS.
22.3 Disclaimer of Warranties. ALL SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND "WITH ALL FAULTS" AND WITHOUT ANY WARRANTY. EACH OF THE SYSKIT ENTITIES HEREBY DISCLAIMS ALL WARRANTIES, CONDITIONS AND DUTIES OF ANY KIND (IF ANY), EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY OF MERCHANTABILITY, OF FITNESS FOR ANY PARTICULAR PURPOSE, OF ACCURACY, OF SYSTEM INTEGRATION OR COMPATIBILITY, OF WORKMANLIKE EFFORT OR OF NON–NEGLIGENT PERFORMANCE. THE FOREGOING DISCLAIMERS INCLUDE, WITHOUT LIMITATION, ANY WARRANTY, DUTY OR CONDITION THAT THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED, RELIABLE, AVAILABLE AT ANY PARTICULAR TIME, SECURE, ERROR-FREE OR VIRUS-FREE OR CORRESPOND TO ANY CONDITION; THAT MESSAGES OR REQUESTS WILL BE DELIVERED; THAT DEFECTS WILL BE CORRECTED OR THAT THE SOFTWARE OR SERVICES, ANY CONTENT, SYSTEMS, SERVERS AND INFORMATION THAT IS IN OR UTILIZED BY THE SOFTWARE AND/OR SERVICES WILL BE FREE OF HARMFUL ASPECTS. ALSO, THERE IS NO WARRANTY OF TITLE OR AGAINST INTERFERENCE WITH ANYONE’S ENJOYMENT OF THE SOFTWARE OR SERVICES OR AGAINST INFRINGEMENT.
Limited Warranty Remedy. Crystal Engineering represents and warrants to the Customer (and not to any third party) that for a period of ten (10) business days following the delivery of the Part (the "Warranty Period"), that the Part shall conform to the Specifications for such Part. Crystal Engineering's entire liability and the Customer's exclusive remedies under this warranty shall be as follows: In the event the Customer notifies Crystal Engineering during the Warranty Period that the Part fails to comply with the applicable Specifications in all material respects, Crystal Engineering will, as the Customer's sole and exclusive remedy, at Crystal Engineering's option either : (1) provide the Customer a replacement Part that confirms to the Specifications or (2) refund the amount paid by the Customer for the affected Part in exchange for the return of the non-conforming Parts at Crystal Engineering's sole cost and expense. No returns will be accepted by Crystal Engineering unless the Customer has notified Crystal Engineering within the Warranty Period. If the Customer fails to contact Crystal Engineering within the Warranty Period, Crystal Engineering shall have no further obligations with respect to such Part.
Limited Warranty Remedy. If the Product does not conform to the warranties provided herein, CATL liability will be limited to the full repair or replacement of the Product.
