Limited Warranty - Services Sample Clauses

Limited Warranty - Services a. Seller warrants to Buyer that Services will be performed by qualified personnel in a workmanlike and professional manner.
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Limited Warranty - Services. 8.1 State Library of Victoria shall supply Internet Services with all due care and skill.
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Limited Warranty - Services. In the unlikely event that a Product should become defective during the limited warranty period, the Customer shall use best endeavours to resolve the problem locally. If these efforts are unsuccessful, the Customer should contact Promethean Inc.’s service support centre. Where Promethean Inc. is unable to resolve the problem, Promethean Inc. will provide telephone or email support to the user of the product during the limited warranty period. It is the Customer’s responsibility to ensure that the person contacting Promethean Inc.’s service support centre is ready to supply the serial numbers of all Activboards and complete systems before Promethean Inc. can offer service support to that person. Furthermore, it is the Customer’s responsibility to ensure that Promethean Inc.’s service support centre does not receive support requests relating to the following: • The supply and installation of the Products • Products for which the limited warranty has not been registered • Products Promethean Inc. has not sold • Products outside the limited warranty period • Other Products the Customer may wish to purchase Limited Warranty for Promethean PRM-10 Projector and PRM-10 Projector Lamp In the unlikely event that the Promethean PRM-10 projector should become defective during the limited warranty period, the Customer should contact Promethean Inc.’s service support centre by telephone or e-mail. Promethean Inc.’s service support centre shall use reasonable endeavours to resolve the problem remotely. Where Promethean Inc. is unable to resolve the problem with the projector by telephone or e-mail, Promethean Inc. shall despatch at its own expense a replacement projector, without a lamp, to the Customer . The Customer will return at its own expense the defective projector to Promethean Inc. If the defective projector is not despatched by the Customer within 30 days of the date of receipt of the replacement projector Promethean Inc. may, at its entire discretion, charge the Customer the full list price of the projector in force at the end of the 30 day period and a handling charge. At the time of delivery of the replacement projector, the defective projector shall become the property of Promethean Inc. and the replacement projector shall become the property of the Customer. The warranty period of the replacement projector will expire on the same date as the warranty period of the first projector to which the warranty relates. It is the Customer’s responsibility to ensure...
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Limited Warranty - Services. Nasuni warrants that the Services will be performed in a professional manner in accordance with generally accepted industry standards for such Services. Your exclusive remedy and Xxxxxx’s sole liability for breach of this Services Limited Warranty is to terminate that portion of the affected SOW or Order related to the applicable Services for which such breach occurred and receive a refund from Nasuni of the pro-rata portion of pre-paid, as yet unearned fees for such Services as of the Effective Date of Termination.
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Limited Warranty - Services. Digium warrants it will perform Services in a manner consistent with reasonably applicable industry standards. As your sole remedy and Digium's sole liability for beach of the foregoing warranty, Digium will re-perform or remedy at no charge to you any non-conforming performance reported by you within ten days of completion. Digium shall include technical support for the Products in accordance with the policies, terms and conditions set forth on the Digium web site for the Products you purchase. You may elect to renew your support from Digium at Digium's then current rates unless such Products and associated Services are discontinued in Digium's sole discretion.
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Related to Limited Warranty - 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.

  • Professional Services Warranty Kodak warrants that it shall perform Professional Services in a professional manner using appropriately skilled personnel in accordance with generally accepted industry standards and Kodak’s then current policies and procedures. Subject to the provisions of condition 16.1 Customer’s sole and exclusive remedy under the warranty described in this condition shall be, at Kodak’s option, (1) re-performance of the non-conforming Professional Services, or (2) refund of the amount paid by Customer for the non-conforming Professional Services.

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