Limited Warranty to Buyer Sample Clauses

Limited Warranty to Buyer. Mountain warrants to Buyer that each Product shall comply as of the date of manufacture with written plans, designs and specifications agreed to by Mountain and Buyer (“Specifications”) and any certificate of compliance delivered with any Products; provided, however, this warranty shall not apply if failure of Products to meet Specifications is not due to the acts or omissions of Mountain, including, without limitation, any problems caused in whole or in part by: (i) use, handling, shipment, operation, alteration, maintenance, assembly, or storage by any party other than Mountain; (ii) negligence by any party other than Mountain; (iii) repair or modifications performed by anyone other than Mountain or a party authorized in writing by Mountain;
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Limited Warranty to Buyer. If Seller provides Item Work Sheet(s) to Buyer with respect to one or more of the Products, Seller warrants that those Products, when supplied to Buyer in production quantities, will conform to any specifications listed in the “Specifications” section of such Work Sheet provided by Seller with respect to that Product. Unless otherwise agreed in writing, Seller’s sole obligation in the event of a breach of any warranty shall be to issue a credit for defective product if the amount of damage exceeds3% of the total purchase amount for such product. Seller is not responsible for shop worn packages or damage caused during domestic shipment. Any damage resulting from shipment must be claimed immediately upon delivery so as to place carrier on notice of claim. Xxxxx agrees to make all claims for damages from shipping directly with carrier.
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Limited Warranty to Buyer. If Seller provides Technical Data Sheet(s) to Buyer with respect to one or more of the Products, Seller warrants that those Products, when supplied to Buyer in production quantities, will conform to any specifications listed in the “Specifications” section of the most recent Data Sheet provided by Seller with respect to that Product. Unless otherwise agreed in writing, Xxxxxx’s sole obligation in the event of a breach of any warranty shall be to repair or replace the defective Product or to refund all payments made by Buyer to Seller for such Product, at Seller’s option.
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Limited Warranty to Buyer. If Seller provides Technical Data Sheet(s) to Buyer with respect to one or more of the Products, the values provided in the Technical Data Sheets represent typical values and should not be relied on in determining the suitability of the Product for Buyer’s specific application. Upon shipment, the Products will be accompanied by a certificate of analysis (COA). It is the COA that provides the technical specification for a particular shipment. Seller’s sole warranty with respect to the Products shall be as set forth in Buyer’s invoice. Unless otherwise agreed in writing, Xxxxxx’s sole obligation in the event of a breach of any warranty shall be to repair or replace the defective Product or to refund all payments made by Buyer to Seller for such Product, at Seller’s option. This remedy shall be Xxxxx’s sole and exclusive remedy and Seller’s entire liability for any breach of the limited warranty set forth in the invoice.
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Limited Warranty to Buyer. LAKE REGION MEDICAL warrants to Buyer that each Product shall comply as of the date of manufacture with written plans and specifications agreed to by LAKE REGION MEDICAL and Buyer (“Specifications”), provided, however, this warranty shall not apply if failure of Products to meet Specifications is not due to the acts or omissions of LAKE REGION MEDICAL. By way of examples, but without limitation, the warranty shall not apply to problems caused in whole or in part by: (i) use, handling, shipment, operation, alteration, maintenance, assembly, or storage by any party other than LAKE REGION MEDICAL; (ii) negligence by any party other than LAKE REGION MEDICAL; (iii) repair or modifications performed by anyone other than LAKE REGION MEDICAL or a party authorized in writing by LAKE REGION MEDICAL; (iv) use in any manner or procedure other than that for which the Product is labeled; (v) use by any person other than trained medical personnel under order of a physician; and (vi) sterilization services performed on the Product by a third party. An alleged breach of this limited warranty must be promptly reported to LAKE REGION MEDICAL consistent with the requirements of Section 12A or shall be forever waived.
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Limited Warranty to Buyer. SurModics hereby warrants to Buyer that the Products manufactured by SurModics will meet the most current written specifications developed and distributed by SurModics regarding the Products. SurModics’ sole obligation in the event of a breach of the above warranties shall be, at SurModics’ option, to repair or replace such Product or to refund all payments made by Buyer to SurModics for such Product. SurModics’ choice of one of these remedies shall be Xxxxx’s sole remedy for breach of such warranty by SurModics. This remedy shall not be deemed to have failed of its essential purpose so long as SurModics is willing and able to repair or replace the products or refund the purchase price therefor in the manner provided herein.
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Limited Warranty to Buyer. Wytech warrants to Buyer that each Product shall comply as of the date of manufacture with written plans, designs and specifications agreed to by Wytech and Buyer (“Specifications”) and any certificate of compliance delivered with any Products; provided, however, this warranty shall not apply if failure of Products to meet Specifications is not due to the acts or omissions of Wytech, including, without limitation, any problems caused in whole or in part by: (i) use, handling, shipment, operation, alteration, maintenance, assembly, or storage by any party other than Wytech; (ii) negligence by any party other than Wytech; (iii) repair or modifications performed by anyone other than Wytech or a party authorized in writing by Wytech; (iv) use in any manner or procedure other than that for which the Product is intended, including without limitation, surgical implantation into the body, or for other products for which a Product failure could cause personal injury or death; and (v) use by any person other than trained medical personnel under order of a physician. An alleged breach of this limited warranty must be promptly reported to Wytech consistent with the requirements of Section 10A or shall be forever waived. Buyer agrees to undertake its own clinical tests and other studies to determine the safety and efficacy of the Products and shall make its own independent evaluation of such clinical tests.
Sample 1
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Related to Limited Warranty to Buyer

  • Limited Warranty Seller warrants to Customer for a period of twelve (12) months following delivery only that (a) the Products shall conform to the description and specifications, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATES.

  • Limited Warranties State Street represents and warrants that it is the owner of and has the right to grant access to the System and to provide the Remote Access Services contemplated herein. Because of the nature of computer information technology including, but not limited to, the use of the Internet, and the necessity of relying upon third party sources, and data and pricing information obtained from third parties, the System and Remote Access Services are provided “AS IS”, and the Customer and its Authorized Designees shall be solely responsible for the investment decisions, results obtained, regulatory reports and statements produced using the Remote Access Services. State Street and its relevant licensors will not be liable to the Customer or its Authorized Designees for any direct or indirect, special, incidental, punitive or consequential damages arising out of or in any way connected with the System or the Remote Access Services, nor shall either party be responsible for delays or nonperformance under this Addendum arising out of any cause or event beyond such party’s control. State Street will take reasonable steps to ensure that its products (and those of its third-party suppliers) reflect the available state of the art technology to offer products that are Year 2000 compliant, including, but not limited to, century recognition of dates, calculations that correctly compute same century and multi century formulas and date values, and interface values that reflect the date issues arising between now and the next one-hundred years, and if any changes are required, State Street will make the changes to its products at no cost to you and in a commercially reasonable time frame and will require third-party suppliers to do likewise. The Customer will do likewise for its systems. EXCEPT AS EXPRESSLY SET FORTH IN THIS ADDENDUM, STATE STREET, FOR ITSELF AND ITS RELEVANT LICENSORS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES CONCERNING THE SYSTEM AND THE SERVICES TO BE RENDERED HEREUNDER, WHETHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. State Street will defend or, at our option, settle any claim or action brought against the Customer to the extent that it is based upon an assertion that access to the System or use of the Remote Access Services by the Customer under this Addendum constitutes direct infringement of any patent or copyright or misappropriation of a trade secret, provided that the Customer notifies State Street promptly in writing of any such claim or proceeding and cooperates with State Street in the defense of such claim or proceeding. Should the System or the Remote Access Services or any part thereof become, or in State Street’s opinion be likely to become, the subject of a claim of infringement or the like under any applicable patent or copyright or trade secret laws, State Street shall have the right, at State Street’s sole option, to (i) procure for the Customer the right to continue using the System or the Remote Access Services, (ii) replace or modify the System or the Remote Access Services so that the System or the Remote Access Services becomes noninfringing, or (iii) terminate this Addendum without further obligation.

  • Product Warranties Except as set forth on Schedule 3.13, (i) there are no warranties express or implied, written or oral, with respect to the products or services of the Company, and there are no pending or, to the knowledge of the Company, threatened, claims with respect to any such warranty; (ii) during the past five years, the Company has not had a claim against it for a product it has warranted and does not reserve for such warranty claims; and (iii) the Company has no Knowledge of any facts that might lead to an increase in warranty claims in the future.

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