Common use of Limited Warranty Clause in Contracts

Limited Warranty. Subject to the limitations contained in Section 8 herein, Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller will be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety (90) days from the date of shipment or completion of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICES.

Appears in 5 contracts

Samples: Standard Terms and Conditions of Sale, Standard Terms and Conditions of Sale, Standard Terms and Conditions of Sale

AutoNDA by SimpleDocs

Limited Warranty. Subject A. Except as set forth herein, GEOARM makes no representations or warranty of any kind, expressed or implied, with respect to the limitations contained condition of equipment, and disclaims any and all warranties of merchantability, fitness for a particular purpose or any other warranty. CLIENT acknowledges that no other representations were made to CLIENT or relied upon by CLIENT with respect to the quality and function of the goods or service. B. In the event any new part of the equipment sold by GEOARM to CLIENT shall be determined defective or inoperative by GEOARM under normal use (subject to Section E of the Limited Warranty stated below), within one year of shipping GEOARM shall replace or repair such defective part without charge to CLIENT (exclusive of shipping and programming costs) and CLIENT agrees to pay for service in Section 8 herein, Seller accordance with prevailing rates. GEOARM reserves the right to replace any product under the warranty with new or remanufactured product or parts. GEOARM is not responsible for labor costs of removal or reinstallation of products. GEOARM warrants that any repaired or replaced product shall satisfy the licensed firmware embodied warranty set out for the balance of the term of the warranty for the initial product. To be eligible CLIENT must contact GEOARM by email or in writing by registered mail at the address set forth above, fully describing the nature of the defect so that GEOARM will have the right to cure the defect within a reasonable period of time. Service for equipment no longer under warranty will be provided by GEOARM at prevailing rates and CLIENT agrees to pay the same. C. In the event GEOARM takes over monitoring of an existing security system owned by CLIENT and not designed, sold, or installed to CLIENT by GEOARM, GEOARM assumes no responsibility whatsoever for the maintenance, operation or non-operation, actuation or non-actuation, of CLIENT’S existing equipment. Monitoring service will commence when GEOARM has programmed CLIENT’S equipment to the central monitoring station and has received test signals from CLIENT’S premises and both GEOARM and CLIENT agree that such signals have been satisfactorily transmitted and received. GEOARM makes no representation as to suitability or condition of CLIENT’S system. Telephonic and/or e-mail technical support will be provided by GEOARM at prevailing rates and CLIENT agrees to pay the same. D. In no event shall GEOARM be liable for more than, and CLIENT’S exclusive remedy for breach of this limited warranty shall be limited to, the repair or replacement of defective equipment sold under this agreement, and GEOARM shall not be liable for injuries to persons or property, including but not limited to, all general, direct, special, exemplary, punitive, incidental or consequential damages. E. GEOARM shall not be liable at any time for costs of repair or replacement in the Goods will execute event of damage to material or equipment caused by accident, vandalism, flood, water, lightning, fire, intrusion, abuse, misuse, an act of God, any casualty, including electricity, unauthorized repair service, modification or improper installation not deemed acceptable by GEOARM and/or any other cause beyond the programming instructions provided control of GEOARM, including interruption of electrical or telephone service, cellular or internet. In the event repair service or modification is needed and to be performed by Selleranyone except a GEOARM REPRESENTATIVE, CLIENT must inform GEOARM beforehand of any service to be performed on a GEOARM monitored system by phone or email with CLIENT REPRESENTATIVE’S name and contact information so that GEOARM REPRESENTATIVE can facilitate when and how CLIENT and/or CLIENT REPRESENTATIVE should render the appropriate service. F. CLIENT acknowledges that any affirmation of fact or promise made by GEOARM shall not be deemed to create an express warranty, and that GEOARM makes no representation or warranty that the Goods manufactured by Seller will system or service supplied may not be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionallycompromised, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety (90) days from the date of shipment or completion of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handlingcircumvented, or any other cause not that the fault of Seller are not covered by this limited warrantysystem or services will in cases provide the signaling, monitoring, and shall be at Buyer’s expenseresponse for which it was intended. Seller shall CLIENT is not be obligated solely relying on GEOARM’S skill or judgment in selecting or furnishing a system suitable for any particular purpose. G. This agreement becomes binding upon submission of order to pay any costs or charges incurred by Buyer or any other party except GEOARM. CLIENT acknowledges receipt of a copy of this agreement, and specifically acknowledges and accepts that GEOARM’S liability is limited as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICES.

Appears in 4 contracts

Samples: Monitoring Agreement, Monitoring Agreement, Monitoring Agreement

Limited Warranty. Subject Seller agrees to provide, through its general contractor Summit Homes Construction, LLC (“Builder”), a Limited Warranty on workmanship and materials related to construction of the Residence in accordance with the terms and provisions of the Limited Warrantyset forth on Exhibit C attached hereto and incorporated herein (the “Limited Warranty”). Xxxxxxxxx agrees to sign and deliver the Limited Warranty to Seller at the time of execution of this Agreement, although it is understood and agreed that the effectiveness of the Limited Warranty is conditioned upon Closing and conveyance of the Property to Purchaser. Xxxxxxxxx agrees to give Seller written notice of any warranty claim at the time given to Builder pursuant to the limitations contained Limited Warranty. Purchaser’s sole remedy (in Section 8 herein, lieu of all remedies implied by law or otherwise) against Seller warrants that in connection with defects shall be to require Seller or Builder to correct the licensed firmware embodied defect in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller will be free from defects in materials material or workmanship under normal use in accordance with the Limited Warranty. Neither Seller nor Builder shall be responsible for any defects where the cause is determined to result from Purchaser’s actions or negligence. The Limited Warranty is non-transferable and care and Services will in no event shall any subsequent purchaser of the Residence be performed entitled to any claim for repair, replacement or otherwise of any part of the Residence, including without limitation the structural components of the Residence, except as may be required by trained personnel using proper equipment and instrumentation for the particular Service providedlaw. Additionally, by executing this Agreement Xxxxxxxxx agrees to include the foregoing warranties will apply until confirmation of non-transferability of Seller’s warranty in any subsequent purchase and sale agreement for the expiration Residence. The Limited Warranty does not extend or relate to any items of tangible personal property in the Residence (whether or not such property is attached to or installed in the Residence) including, without limitation, any range, oven, range hood and fan, microwave, garbage disposal, dishwasher, refrigerator, hot water heater, components of the applicable warranty periodheating system and any fire, alarm or other life-safety or security system installed in or servicing the Residence. Goods are warranted for the earlier of twelve (12) months Seller will assign tothe Purchaser at Closing any unexpired warranties Seller has received from the date manufacturers of initial installation or eighteen (18) months from such tangible personal property, to the date of shipment by Seller. Services extent such warranties are warranted for a period of ninety (90) days from the date of shipment or completion of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expenseassignable. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty responsible for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach performance of any warranty shall be for Seller to re-perform such manufacturer under the Servicesmanufacturer’s warranties. WITH REGARD TO ANY APPLIANCES OR SUCH OTHER ITEMS OF TANGIBLE PERSONAL PROPERTY, repair or replace the GoodsWHETHER OR NOT WARRANTED BY MANUFACTURERS, subject to the limitations set forth in Section 8(aSELLER DISCLAIMS ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PURCHASER AGREES TO COMPLY WITH ALL MAINTENANCE MANUALS AND OTHER DOCUMENTS AND RECOMMENDATIONS PROVIDED TO PURCHASER WITH RESPECT TO THE INSPECTION, OPERATION AND ROUTINE MAINTENANCE OF ALL SYSTEMS, EQUIPMENT, AND SIMILAR ITEMS (INCLUDING, BUT NOT LIMITED TO, MECHANICAL, ELECTRICAL, PLUMBING, STRUCTURAL AND EXTERIOR SYSTEMS AND IMPROVEMENTS) hereinMADE PART OF OR SERVING THE PROPERTY. PURCHASER UNDERSTANDS AND AGREES THAT IF PURCHASER FAILS TO FOLLOW THE WARRANTIES INSPECTION, MAINTENANCE AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVEREPAIR REQUIREMENTS AND STANDARDS CONTAINED IN SUCH MANUAL OR MATERIALS DELIVERED TO PURCHASER AND SUCH FAILURE CAUSES, WHETHER IN WHOLE OR IN PART, DAMAGE TO THE PROPERTY OR OTHER PROPERTY, THE RESULTING DAMAGE SHALL NOT BE COVERED BY THIS LIMITED WARRANTY AND SHALL FURTHER BE DEEMED NOT TO BE THE RESULT OF A DESIGN OR CONSTRUCTION DEFECT. THERE ARE EXCEPT AS STATED IN THE FIRST PARAGRAPH OF THIS LIMITED WARRANTY ABOVE, SELLER MAKES NO REPRESENTATIONS WARRANTY OR WARRANTIES REPRESENTATION OF ANY KINDNATURE, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF WORKMANLIKE CONSTRUCTION, HABITABILITY, DESIGN, CONDITION, OR QUALITY AS TO MERCHANTABILITYTHE PROPERTY UNDERLYING THE PROJECT, FITNESS FOR PARTICULAR PURPOSE THE RESIDENCE, OR ANY THE OTHER MATTER WITH RESPECT IMPROVEMENTS CONSTITUTING THE PROJECT, AND, TO ANY THE EXTENT PERMITTED BY LAW, SELLER SPECIFICALLY EXCLUDES SUCH MATTERS IN CONSIDERATION OF THE GOODS EXPRESS WARRANTIES GIVEN UNDER THIS AGREEMENT. EXCEPT AS EXPRESSLY DISCLOSED BY THE SOILS REPORT DESCRIBED IN SECTION 20(o) BELOW, SELLER MAKES NO REPRESENTATION OR SERVICESWARRANTY CONCERNING ANY GEOLOGICAL OR ENVIRONMENTAL MATTERS AND SPECIFICALLY EXCLUDES GEOLOGICAL AND ENVIRONMENTAL MATTERS FROM ANY WARRANTIES GIVEN UNDER THIS AGREEMENT. Except as otherwise provided in the Limited Warranty, Purchaser assumes the risk of damage occurring in the Residence after Closing. The provisions of this Section shall survive Closing.

Appears in 4 contracts

Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement

Limited Warranty. Subject Rogue Wave warrants to the limitations contained in Section 8 herein, Seller warrants Licensee and for Licensee’s benefit only that the licensed firmware embodied unaltered Licensed Software, when used as permitted under the License Agreement and in accordance with the instructions in the Goods Documentation, will execute operate substantially as described in the programming instructions provided by Seller, and that the Goods manufactured by Seller will be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted Documentation for a period of ninety thirty (9030) days from the date of shipment or completion delivery (the “Software Warranty Period”). The Licensed Software is for use by sophisticated software developers, and Rogue Wave does not warrant that use of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees Licensed Software will be uninterrupted or error-free, that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping all errors will be corrected, or that use of the Resale ProductsLicensed Software will meet Licensee’s needs. If Buyer discovers any warranty defectsRogue Wave will, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear at its own expense and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, as its sole obligation and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made by Seller. BuyerLicensee’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a any breach of this warranty, use commercially reasonable efforts to correct any warranty shall be reproducible error in the Licensed Software reported to Rogue Wave by Licensee in writing during the Software Warranty Period; provided, however, that no such error correction provided to Licensee will extend the original Software Warranty Period. If Rogue Wave determines that it is unable to correct the error, Rogue Wave may, in the case of a perpetual license for Seller the Licensed Software, upon approval by Licensee, refund to re-perform Licensee the Services, repair or replace fees paid by the Goods, subject Licensee for the defective Licensed Software and terminate the License Agreement with respect to the limitations set forth in Section 8(a) affected perpetual licenses granted herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVEIn the event Licensee does not approve of such refund and termination of the License Agreement with respect to the affected perpetual licenses of the Licensed Software, Licensee will be entitled to keep the Licensed Software and use it pursuant to the licenses granted herein; provided, however, that Rogue Wave will not be obligated to provide Maintenance and Support for the perpetual licenses of the Licensed Software that are impacted by the reported defect. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KINDIn the event the Licensee has a subscription-based license for the Licensed Software, EXPRESS OR IMPLIEDand if Rogue Wave determines that it is unable to correct the error, AS TO MERCHANTABILITYRogue Wave will terminate the subscription licenses for the affected Licensed Software, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICESand refund to the Licensee the remaining portion of the pre-paid subscription license fees for the affected licenses.

Appears in 4 contracts

Samples: Software License Agreement, Software License Agreement, Software License Agreement

Limited Warranty. Subject to Seller provides such warranty as set forth in any instruction manual provided with the limitations contained in Section 8 hereindeliverable, or if there is no such warranty or instruction manual, Seller warrants to Buyer that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller such deliverable will be free from defects in materials material and workmanship (in either case the "Limited Warranty"). Except as expressly set forth in this Section 13 or workmanship under normal use and care and Services will be performed specifically authorized by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionallyan executive officer of Seller in writing, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation Limited Warranty is not transferable or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety (90) days from the date of shipment assignable and any such transfer or completion of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Productsassignment is void. If Buyer discovers is authorized by Seller to be a reseller of deliverables that are goods or an installing contractor, the Limited Warranty may be passed through to Buyer's customer, but Buyer shall not alter the Limited Warranty in any warranty defectsway. Notwithstanding the foregoing, if Buyer must notify re-brands Seller's deliverable or Seller, at Buyer's request, brands the deliverable with a xxxx not owned by Seller, the Limited Warranty may not be transferred or assigned, and all claims under the Limited Warranty shall be made directly by Buyer to Seller thereof and not by any customer of Buyer. The Limited Warranty does not cover service trips, service calls, costs of removing and reinstalling components and other labor charges or the cost of shipment of replacement parts. The Limited Warranty excludes damages due to (i) failure to install, operate or maintain deliverables as directed in writing during the any instruction manual provided or under applicable warranty period. All replacements law or repairs necessitated regulation, (ii) misuse, abuse, neglect or modification of a deliverable or any controls, in any way, (iii) improper service, use of replacement parts or accessories that are not specified by inadequate maintenanceSeller, normal wear and usage(iv) improper installation, unsuitable power sources or environmental conditionsany relocation of a deliverable after initial installation, (v) incorrect supply, accident, misusefire, improper installationflood, modificationacts of God or other casualty, repair, (vi) use of unauthorized replacement a deliverable other than its intended purpose and normal usage, (vii) use of a deliverable in a corrosive atmosphere or any atmosphere containing contaminants, (viii) shipment of a deliverable (all claims must be filed with carrier), (ix) use of a deliverable in the vicinity of combustible or explosive materials, (x) any defect in a deliverable arising from a drawing, design, or specification supplied by or on behalf of Buyer, (xi) failure of parts, storage components, services or handling, or any other cause hook-ups not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance supplied by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing (xii) incompatibility with items not supplied by Seller. Goods repaired and parts replaced , (xiii) a deliverable not properly installed by Seller during a qualified contractor experienced in installing the warranty period shall be in warranty deliverable, (xiv) inadequate air for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICES.combustion,

Appears in 4 contracts

Samples: General Terms and Conditions of Sale, General Terms and Conditions of Sale, General Terms and Conditions of Sale

Limited Warranty. Subject A one year (1) limited warranty is included in this Agreement for defects in the work furnished by Contractor. Near the end of the warranty year, Buyer must supply a clearly typed list to Contractor stating any items under warranty that are in need of repair or replacement. Contractor has 30 days, or otherwise agreed upon time, to complete list. Emergency situations, such as heating, water, leaks or electrical, will warrant immediate attention prior to the limitations contained in Section 8 hereinyear-end warranty. If Buyer does not notify Contractor of the defect within the 1 year of receiving the certificate of occupancy, Seller the defect will no longer be covered by this warranty or any other express or implied warranty. This Limited Warranty is not transferable. In addition to any additional warranties agreed to by the parties, Contractor warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller work will be free from faulty materials, constructed according to the standards of the building code applicable for this location, constructed in a skillful manner and fit for habitation, or appropriate use. The warranty rights set forth in the Maine Uniform Commercial Code apply to this Agreement. This warranty excludes: Movement of wood, shrinkage, expansion, warping, doors, sheetrock stress cracks, natural characteristics of wood (including floors), paint smudges, chipping, popping of nails, settlement or expansion, shrinkage or warping of materials that occur, lawn and driveway quality, damage due to ordinary wear and tear, abusive use, or lack of proper maintenance of the property, defects in materials items separately purchased or workmanship under normal use installed by Buyer, or anyone else except by Contractor. This warranty shall not apply to mechanical items such as heaters, appliances, fixtures and care and Services like when such items are covered by the warranty of the manufacturer or other warranties, express or implied. The Contractor does not warrant conditions of hardwood floors due to shrinkage or expansion. Any hardwood warranties provided by distributor will be performed by trained personnel using proper equipment null and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration void if Buyer has failed to run a dehumidifier year-round in basement of the applicable warranty periodhome. Goods Builder is not responsible for allergies, asthma or other respiratory ailments affected by newly constructed homes. Contractor is not responsible for mold. Contractor is not responsible for cracks in the foundation, floors or walls unless do to leaks. Contractor is not responsible for leaks due to snow covered roofs which are warranted not shoveled or frozen pipes due to Buyer’s failure to maintain adequate heat. The Contractor warranties do not cover maintenance or conditions resulting from accidents, wear and tear, misuse or negligence of Buyer, or other persons. Buyer is responsible for maintaining home’s air quality post-closing. It is understood between the earlier of twelve (12) months from parties that Contractor makes no representations, either written or verbal, with respect to the construction and the work other than those set forth in this Agreement unless such representation is set forth in a written agreement executed by and between the parties after the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety (90) days from the date of shipment or completion of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturerhereof. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller Contractor shall not be obligated to pay liable for any costs representation made by any person or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted persons which are not specifically confirmed in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period Contractor (including any warranties or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty representations made by Seller. Buyer’s sole suppliers or subcontractors), and exclusive remedy and Seller’s sole and exclusive obligation Buyer shall not hold Contractor liable or responsible for a breach of any warranty shall be for Seller to resuch third-perform the Services, repair or replace the Goods, subject to the limitations set forth party representation not expressly confirmed in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICESwriting by Contractor.

Appears in 4 contracts

Samples: Home Construction Contract, Home Construction Contract, Home Construction Contract

Limited Warranty. Subject to Licensor warrants for the limitations contained in Section 8 hereinWarranty Period that: (i) if the Licensed Software is supplied via media, Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller media will be free from defects in materials or workmanship under normal use use, and care and Services will be performed by trained personnel using proper equipment and instrumentation for (ii) the particular Service provided. Additionally, the foregoing warranties will apply until the expiration copy of the applicable warranty periodLicensed Software delivered to Licensee substantially conforms in all material respects to the Documentation. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety (90) days from the date of shipment or completion of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made by Seller. BuyerLicensee’s sole and exclusive remedy and Sellerfor any defective media supplied by Licensor shall be Licensor’s repair or replacement of such defective media free of charge, provided that the defective media is returned to Licensor during the Warranty Period. During the Warranty Period, Licensee’s sole and exclusive obligation remedy for a breach not meeting part (ii) of any the above warranty shall be for Seller to re-perform the Services, repair or replace replacement of the Goods, subject Licensed Software by Licensor free of charge so that it substantially conforms to the limitations Documentation or, if Licensor reasonably determines that such remedy is not economically or technically feasible, Licensee shall be entitled to a full refund of the license fee and any maintenance fee paid for such Licensed Software. Upon such refund, Licensee’s license to use such Licensed Software will immediately terminate. The warranties set forth in this Section 8(a5 shall not apply if the defects in the Licensed Software or media result from: (a) hereinfailure to use the Licensed Software in accordance with the Documentation, this Agreement or ALAs; (b) the malfunctioning of Licensee’s equipment or network; (c) accident, neglect, or abuse; (d) service by any unauthorized person; (e) other software used by Licensee and not provided by Licensor, or for which the Licensed Software is not designed or licensed for such use; (f) Third Party Software that is not a Third Party Component; (g) any other cause occurring after initial delivery of the Licensed Software or media to Licensee, unless caused directly by Licensor. Licensor has no responsibility for any claims made outside of the Warranty Period. The foregoing warranty shall not apply to any free-of-charge Licensed Software or updates provided under support and maintenance. THE FOREGOING WARRANTIES DO NOT APPLY, AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KINDLICENSOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICESTHIRD PARTY SOFTWARE THAT IS NOT A THIRD PARTY COMPONENT. The warranties set forth in this Section 5 will not apply and will become null and void if Licensee materially breaches any provision of this Agreement.

Appears in 4 contracts

Samples: End User License Agreement, End User License Agreement, End User License Agreement

Limited Warranty. Subject to the limitations contained in Section 8 herein, Seller Company warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller will be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration a period of the applicable warranty period. Goods are warranted for the earlier of twelve (12) 12 months from the date of initial installation or eighteen substantial completion (18“Warranty Period”) months from commercial equipment manufactured and installed by Company against failure due to defects in material and manufacture and that the labor/labour furnished is warranted to have been properly performed (the "Limited Warranty"). Trane equipment sold on an uninstalled basis is warranted in accordance with Company’s standard warranty for supplied equipment. Product manufactured by Company that includes required startup and is sold in North America will not be warranted by Company unless Company performs the product start-up. Substantial completion shall be the earlier of the date of shipment by Seller. Services are warranted that the Work is sufficiently complete so that the Work can be utilized for a period of ninety (90) days from its intended use or the date of shipment or completion that Customer receives beneficial use of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale ProductsWork. If Buyer discovers any warranty defectssuch defect is discovered within the Warranty Period, Buyer Company will correct the defect or furnish replacement equipment (or, at its option, parts therefor) and, if said equipment was installed pursuant hereto, labor/labour associated with the replacement of parts or equipment not conforming to this Limited Warranty. Defects must notify Seller thereof in writing during be reported to Company within the applicable warranty periodWarranty Period. All replacements Exclusions from this Limited Warranty include damage or repairs necessitated by inadequate maintenance, normal failure arising from: wear and usagetear; corrosion, unsuitable power sources or environmental conditionserosion, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause deterioration; Customer's failure to follow the Company-provided maintenance plan; refrigerant not the fault of Seller are not covered supplied by this limited warranty, Company; and shall be at Buyer’s expensemodifications made by others to Company's equipment. Seller Company shall not be obligated to pay any costs for the cost of lost refrigerant. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or charges incurred cancellation of this Agreement. No warranty liability whatsoever shall attach to Company until the Work has been paid for in full and then said liability shall be limited to the lesser of Company’s cost to correct the defective Work and/or the purchase price of the equipment shown to be defective. Equipment, material and/or parts that are not manufactured by Buyer or any other party except Company (“Third-Party Product(s)” are not warranted by Company and have such warranties as may be agreed upon in writing in advance extended by Sellerthe respective manufacturer. All costs of dismantlingCUSTOMER UNDERSTANDS THAT COMPANY IS NOT THE MANUFACTURER OF ANY THIRD-PARTY PRODUCT(S) AND ANY WARRANTIES, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement dateCLAIMS, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to reSTATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS ARE THOSE OF THE THIRD-perform the ServicesPARTY MANUFACTURER, repair or replace the GoodsNOT COMPANY AND CUSTOMER IS NOT RELYING ON ANY WARRANTIES, subject to the limitations set forth in Section 8(a) hereinCLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS REGARDING THE THIRD-PARTY PRODUCT THAT MAY BE PROVIDED BY COMPANY OR ITS AFFILIATES, WHETHER ORAL OR WRITTEN. THE WARRANTY AND LIABILITY SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS LIABILITIES, WHETHER IN CONTRACT OR WARRANTIES OF ANY KINDIN NEGLIGENCE, EXPRESS OR IMPLIED, AS TO MERCHANTABILITYIN LAW OR IN FACT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY MAKES NO REPRESENTATION OR WARRANTY .OF ANY KIND, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE PURPOSE. ADDITIONALLY, COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING PREVENTING, ELIMINATING, REDUCING OR INHIBITING ANY MOLD, FUNGUS, BACTERIA, VIRUS, MICROBIAL GROWTH, OR ANY OTHER MATTER CONTAMINANTS (INCLUDING COVID-19 OR ANY SIMILAR VIRUS) (COLLECTIVELY, “CONTAMINANTS”), WHETHER INVOLVING OR IN CONNECTION WITH RESPECT TO EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE. IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY FOR THE PREVENTION, ELIMINATION, REDUCTION OR INHIBITION OF THE GOODS GROWTH OR SERVICESSPREAD OF SUCH CONTAMINANTS INVOLVING OR IN CONNECTION WITH ANY EQUIPMENT, THIRD-PARTY PRODUCT, OR ANY COMPONENT THEREOF, SERVICES OR OTHERWISE AND CUSTOMER HEREBY SPECIFICALLY ACKNOWLDGES AND AGREES THERETO.

Appears in 3 contracts

Samples: Commercial Installation Agreement, Commercial Installation Agreement, Commercial Installation Agreement

Limited Warranty. Subject a. Fiber Composites LLC, individually and doing business as Fiberon (“Fiberon”) warrants to the limitations contained original purchaser (“Purchaser”, “you” or “your”) that for the Warranty Period set forth below the following products (“Fiberon Product”) shall, under normal and proper service conditions, remain free from material manufacturing defects and will not check, splinter, delaminate, rot, or suffer structural damage from fungal decay, when installed, used and maintained in Section 8 hereinan above-ground application and in accordance with Fiberon’s written instructions. For purposes of this Limited Warranty, Seller warrants that (a) the licensed firmware embodied in “original purchaser” means the Goods will execute individual or individuals who were the programming instructions provided by Sellerowners of the structure when the deck constructed of the subject Fiberon Products was installed, and that (b) a “residential application” is an installation of the Goods manufactured by Seller will be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation Fiberon Product on an owner-occupied residence. The term of this Limited Warranty (“Warranty Period”) for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months Fiberon Product listed below shall be in effect from the date of initial installation original purchase by or eighteen for a residential application as long as the Purchaser owns the property upon which the Fiberon Product was installed. Decking: Fiberon® Paramount™ PVC Decking The term of this Limited Warranty (18“Warranty Period”) months for the Fiberon Product listed below shall be twenty-five (25) years from the date of shipment original purchase by Seller. Services are warranted or for a period residential application as long as the Original Purchaser owns the property upon which the Fiberon Product was installed. Decking: Fiberon® Horizon® Decking, Fiberon® ProTect Advantage™ Decking, Fiberon® ProTect® Decking, Fiberon® Sanctuary® Decking, Fiberon® Good Life™ Decking The term of ninety this Limited Warranty (90“Warranty Period”) days for the Fiberon Products listed below shall be twenty (20) years from the date of shipment original purchase by or completion for a residential application as long as the Original Purchaser owns the property upon which the Fiberon Product was installed. Decking: Fiberon® Classic Decking, Fiberon® Professional Decking, Veranda® ArmorGuard® Decking, Fiberon® Xxxxxxxxx® Xtreme Decking, Fiberon® Xxxxxxxxx Xtreme Wide Decking Railing: Fiberon® Horizon® Railing, Fiberon® Fiberail® Railing, Fiberon® HomeSelect® Railing Veranda® ArmorGuard® Railing, Veranda® Regency Railing and Veranda® Enclave® Railing Fasteners: Fiberon® branded Hidden Fasteners (“Fiberon Fastener”) as listed on xxx.xxxxxxxxxxxxxx.xxx The term of this Limited Warranty (“Warranty Period”) for the Fiberon Products listed below shall be fifteen (15) years from the date of original purchase by or for a residential application as long as the Original Purchaser owns the property upon which the Fiberon Product was installed. Decking: Veranda® Composite Decking by Fiberon®, Xxxxxxxxx® Decking, Fiberon® Xxxxxxxxx® Europa Decking, Fiberon® Xxxxxxxxx Exotics Decking Fencing: Fiberon® Fencing Pickets and Cross Rails, Veranda® Composite Fencing Pickets and Cross Rails, Fiberon® Wood Shades® Fencing Pickets and Cross Rails The term of this Limited Warranty (“Warranty Period”) for the Fiberon Products listed below shall be ten (10) years from the date of original purchase by or for a residential application as long as the Original Purchaser owns the property upon which the Fiberon Product was installed. Fencing: Fiberon® Wood Shades® Fencing Posts, Fiberon® Fencing Posts, Veranda® Composite Fencing Posts b. Fiberon written instructions are available from your Fiberon dealer or your contractor or from Fiberon at xxx.xxxxxxxxxxxxxx.xxx or by writing to Fiberon at the address stated below. c. In the event of a failure of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during Fiberon Product or Fiberon Fastener within the applicable warranty period. All replacements or repairs necessitated by inadequate maintenanceWarranty Period as warranted above, normal wear when properly installed, used and usagemaintained as described above, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not Fiberon will replace the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except nonconforming item as may be agreed upon set forth in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This Section 2 below. d. The limited warranty set forth in this Limited Warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation (whether written or oral, express or implied) Fiberon makes for a breach of any warranty shall be for Seller to re-perform the Services, repair your Fiberon Product or replace the Goods, Fiberon Fasteners; it is subject to the limitations set forth all terms and conditions stated herein and no one (including but not limited to a Fiberon dealer, installer, reseller, agent or employee) is authorized to modify, expand or add to this limited warranty. Fiberon makes no other representation, guarantee or warranty. No one is authorized to make any representation, guarantee or warranty on Fiberon’s behalf, and Fiberon shall not be bound by or liable for, any representation, guarantee, warranty, or condition with regard to any Fiberon Product or Fiberon Fastener other than as expressly stated in Section 8(a) hereinthis Limited Warranty. THE WARRANTIES THIS LIMITED WARRANTY COMPRISES FIBERON’S SOLE AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVEENTIRE WARRANTY AND OBLIGATION IN CONNECTION WITH FIBERON PRODUCTS OR FIBERON FASTENERS. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KINDALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, QUALITY, CONDITION, SUITABILITY, OR ANY OTHER MATTER WITH RESPECT PERFORMANCE, ARE EXPRESSLY EXCLUDED AND DISCLAIMED. ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NOT EFFECTIVELY DISCLAIMED ARE LIMITED TO ANY THE APPLICABLE STATUTE OF LIMITATIONS BUT IN NO EVENT WILL EXTEND BEYOND THE APPLICABLE WARRANTY PERIOD. FIBERON EXCLUDES AND WILL NOT PAY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT, REGARDLESS OF THE GOODS BASIS OF ANY CLAIM OR SERVICESLIABILITY, SHALL FIBERON BE LIABLE FOR ANY DAMAGES, OF ANY NATURE OR DESCRIPTION WHATSOEVER, EXCEEDING THE ACTUAL PURCHASE PRICE, AND ANY LIABILITY SHALL BE LIMITED TO, THE ACTUAL PURCHASE PRICE OF THE DEFECTIVE PRODUCT AS ADJUSTED ON THE BASIS OF THE PRORATED WARRANTY SCHEDULE PROVIDED HEREIN.

Appears in 3 contracts

Samples: Limited Warranty, Limited Warranty, Limited Warranty

Limited Warranty. Subject to the limitations contained in Section 8 herein, Seller warrants to Buyer that for a period of 24 months from the licensed firmware embodied in date the Goods will execute the programming instructions provided by Sellerare delivered (“Warranty Period”), and that the such Goods manufactured by Seller will be free from material defects in materials material and workmanship. Any Parts purchased separately shall be covered for 12 months from delivery. This Warranty does not include or workmanship under normal use cover parts subject to replacement due to operational degradation or wear and care and Services will tear (viz. belts, traction elements, etc.), nor does it cover costs associated with installation, removal, dismantling, or reinstallation. Furthermore, any equipment or components manufactured or created by third parties which may be performed by trained personnel using proper equipment and instrumentation for contained in the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted not covered by this Limited Warranty and are subject only to whatever warranty may be granted by the third party creator, if any. Parts or Goods serviced or repaired under warranty shall be returned to Buyer and covered under the original Warranty Period. Parts or Goods serviced or repaired outside warranty shall be covered for the earlier a period of twelve (12) 12 months from the date of initial installation or eighteen (18) months from the date delivery of shipment by Sellersuch repaired portions thereof. Services are warranted for a period of ninety (90) days from the date of shipment or completion of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) herein. EXCEPT FOR THE WARRANTIES AND REMEDIES WARRANTY SET FORTH ABOVE ABOVE, GOODS ARE EXCLUSIVE. THERE ARE SOLD “AS IS” AND SELLER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KINDWARRANTY WHATSOEVER, EXPRESS OR IMPLIED, AS WITH RESPECT TO MERCHANTABILITYTHE GOODS, FITNESS INCLUDING ANY WARRANTY OF MERCHANTABILITY OR WARRANTY FOR A PARTICULAR PURPOSE PURPOSE, OR ANY OTHER MATTER WITH RESPECT TO ANY WARRANTY EXPRESS OR IMPLIED BY LAW, COURSE OF THE GOODS DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR SERVICESOTHERWISE. (a) Buyer makes further use of the Goods after discovery and notice of the defect, (b) the defect arises by Buyer’s own misuse, improper storage, installation, or maintenance of the Goods or by acting contrary to Seller’s written or oral instructions related to the Goods, or (c) Buyer makes (or causes to be made) alterations, repairs, or services on the Goods without prior written consent of Seller. Seller shall, in its sole discretion, elect to either: (a) repair or replace defective Goods or parts thereof, or (b) credit or refund such Goods at the pro rata contract rate. Any and all replacement Goods or parts shall be delivered pursuant to Section 6 of these Terms.

Appears in 3 contracts

Samples: Terms and Conditions for Sale of Goods, Terms and Conditions for Sale of Goods, Terms and Conditions for Sale of Goods

Limited Warranty. Subject a. Fiber Composites LLC, individually and doing business as Fiberon (“Fiberon”) warrants to the limitations contained original purchaser (“Purchaser”, “you” or “your”) that for the Warranty Period set forth below the following products (“Fiberon Product”) shall, under normal and proper service conditions, remain free from material manufacturing defects and will not check, splinter, delaminate, rot, or suffer structural damage from fungal decay, when installed, used and maintained in Section 8 hereinan above-ground application and in accordance with Fiberon’s written instructions. For purposes of this Limited Warranty, Seller warrants that (a) the licensed firmware embodied in “original purchaser” means the Goods will execute individual or individuals who were the programming instructions provided by Sellerowners of the structure when the deck constructed of the subject Fiberon Products was installed, and that (b) a “residential application” is an installation of the Goods manufactured by Seller will be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation Fiberon Product on an owner-occupied residence. The term of this Limited Warranty (“Warranty Period”) for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months Fiberon Product listed below shall be in effect from the date of initial installation original purchase by or eighteen for a residential application as long as the Purchaser owns the property upon which the Fiberon Product was installed. Decking: Fiberon Paramount® PVC Decking The term of this Limited Warranty (18“Warranty Period”) months for the Fiberon Product listed below shall be twenty-five (25) years from the date of shipment original purchase by Seller. Services are warranted or for a period residential application as long as the Original Purchaser owns the property upon which the Fiberon Product was installed. Decking: Fiberon Horizon® Decking, Fiberon Symmetry® Decking, Fiberon ProTect Advantage® Decking, Fiberon ProTect® Decking, Fiberon Sanctuary® Decking, and Fiberon Good Life Decking Railing: Fiberon Symmetry Railing The term of ninety this Limited Warranty (90“Warranty Period”) days for the Fiberon Products listed below shall be twenty (20) years from the date of shipment original purchase by or completion for a residential application as long as the Original Purchaser owns the property upon which the Fiberon Product was installed. Decking: Fiberon Professional Decking, Fiberon Xtreme Decking, Fiberon Xtreme Wide Decking, Xxxxxxxxx® Xtreme Decking, Fiberon Xtreme Advantage Decking, Fiberon ArmorGuard® Decking, and Veranda® ArmorGuard Decking Railing: Fiberon Horizon Railing, Fiberon Good Life Railing, Fiberon Natural Railing, Fiberon HomeSelect® Railing, Veranda ArmorGuard Railing, Veranda Regency Railing, and Veranda Enclave® Railing Fasteners: Fiberon and Phantom® branded Hidden Fasteners (“Fiberon Fastener”) as listed on xxx.xxxxxxxxxxxxxx.xxx The term of this Limited Warranty (“Warranty Period”) for the Fiberon Products listed below shall be fifteen (15) years from the date of original purchase by or for a residential application as long as the Original Purchaser owns the property upon which the Fiberon Product was installed. Decking: Fiberon Traditional Decking, Fiberon Exotics Decking, Xxxxxxxxx Decking, and Veranda Decking, Fencing: Fiberon Fencing Pickets and Cross Rails, Veranda Composite Fencing Pickets and Cross Rails, Fiberon Wood Shades® Fencing Pickets and Cross Rails Note: Substitution of wood or other materials for any portion of the ServicesFencing system will void this warranty. Products purchased by Seller from a third party for resale to Buyer This warranty is only valid if the entire Fiberon manufactured system is used: Posts, Pickets, and Backer Rails. The term of this Limited Warranty (“Resale ProductsWarranty Period”) for the Fiberon Products listed below shall carry only be ten (10) years from the warranty extended date of original purchase by or for a residential application as long as the original manufacturerOriginal Purchaser owns the property upon which the Fiberon Product was installed. Buyer agrees that Seller has no liability Fencing: Fiberon Wood Shades Fencing Posts, Fiberon Fencing Posts, Veranda Composite Fencing Posts Note: Substitution of wood or other materials for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping any portion of the Resale ProductsFencing system will void this warranty. If Buyer discovers any This warranty defectsis only valid if the entire Fiberon manufactured system is used: Posts, Buyer must notify Seller thereof in Pickets and Backer Rails. b. Fiberon written instructions are available from your Fiberon dealer or your contractor or from Fiberon at xxxxxxxxxxxxxx.xxx or by writing during to Fiberon at the address stated below. c. In the event of a failure of the Fiberon Product or Fiberon Fastener within the applicable warranty period. All replacements or repairs necessitated by inadequate maintenanceWarranty Period as warranted above, normal wear when properly installed, used and usagemaintained as described above, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not Fiberon will replace the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except nonconforming item as may be agreed upon set forth in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This Section 2 below. d. The limited warranty set forth in this Limited Warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation (whether written or oral, express or implied) Fiberon makes for a breach of any warranty shall be for Seller to re-perform the Services, repair your Fiberon Product or replace the Goods, Fiberon Fasteners; it is subject to the limitations set forth all terms and conditions stated herein and no one (including but not limited to a Fiberon dealer, installer, reseller, agent or employee) is authorized to modify, expand or add to this limited warranty. Fiberon makes no other representation, guarantee or warranty. No one is authorized to make any representation, guarantee or warranty on Fiberon’s behalf, and Fiberon shall not be bound by or liable for, any representation, guarantee, warranty, or condition with regard to any Fiberon Product or Fiberon Fastener other than as expressly stated in Section 8(a) hereinthis Limited Warranty. THE WARRANTIES THIS LIMITED WARRANTY COMPRISES FIBERON’S SOLE AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVEENTIRE WARRANTY AND OBLIGATION IN CONNECTION WITH FIBERON PRODUCTS OR FIBERON FASTENERS. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KINDALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, QUALITY, CONDITION, SUITABILITY, OR ANY OTHER MATTER WITH RESPECT PERFORMANCE, ARE EXPRESSLY EXCLUDED AND DISCLAIMED. ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NOT EFFECTIVELY DISCLAIMED ARE LIMITED TO ANY THE APPLICABLE STATUTE OF LIMITATIONS BUT IN NO EVENT WILL EXTEND BEYOND THE APPLICABLE WARRANTY PERIOD. FIBERON EXCLUDES AND WILL NOT PAY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT, REGARDLESS OF THE GOODS BASIS OF ANY CLAIM OR SERVICESLIABILITY, SHALL FIBERON BE LIABLE FOR ANY DAMAGES, OF ANY NATURE OR DESCRIPTION WHATSOEVER, EXCEEDING THE ACTUAL PURCHASE PRICE, AND ANY LIABILITY SHALL BE LIMITED TO, THE ACTUAL PURCHASE PRICE OF THE DEFECTIVE PRODUCT AS ADJUSTED ON THE BASIS OF THE PRORATED WARRANTY SCHEDULE PROVIDED HEREIN.

Appears in 3 contracts

Samples: Limited Warranty, Limited Warranty, Limited Warranty

Limited Warranty. Subject To the extent obtained by Seller from the general contractor for the Project, and to the limitations contained in Section 8 hereinextent the same is assignable to Purchaser, Seller warrants that at Closing, Purchaser shall receive a limited warranty from the licensed firmware embodied in general contractor for the Goods will execute Project warranting the programming instructions provided by Seller, materials and that workmanship relating to the Goods manufactured by Seller will Purchaser’s Unit to be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration a period of the applicable warranty period. Goods are warranted for the earlier of twelve one (121) months year from the date of initial installation or eighteen substantial completion of Purchaser’s Unit. The one (18) months 1)‐year warranty period for such warranty shall begin from the date of shipment substantial completion of Purchaser’s Unit, and, therefore, should Closing occur after such one‐year period has expired as to such Unit, no such warranty shall be extended to Purchaser. In no event shall all or any portion of such limited warranty be deemed to come from Seller, and Seller shall have no obligation or liability related to such limited warranty. The execution, delivery and recordation of Purchaser’s Unit Deed shall constitute an assignment without recourse by Seller to Purchaser of such warranty and the assignment without recourse by Seller to Purchaser of any other warranties relating to the Unit. Seller may assign such warranties described herein to future purchasers if such warranties are still in effect at the time the Unit is conveyed. Seller, however, makes no representation or warranty whatsoever as to whether such warranties can be further transferred. Services are warranted for a period Any rights to inspection of ninety the Unit described in Section E.9 herein conferred on Purchaser by Seller pursuant to this Purchase Agreement shall not extend to any future purchasers of such Unit. In addition, Seller shall assign to Purchaser, without recourse, any manufacturer’s or dealer’s warranties covering the furnishings and appliances in the Unit. In no event shall all or any portion of such warranties be deemed to come from Seller, and Seller shall have no obligations or liabilities related to such warranties. HAWAII REVISED STATUTES, CHAPTER 672E ("CHAPTER 672E" OR "THE CONTRACTOR REPAIR ACT"), CONTAINS IMPORTANT REQUIREMENTS PURCHASER MUST FOLLOW BEFORE PURCHASER MAY FILE A LAWSUIT OR COMMENCE OTHER ACTION FOR DEFECTIVE CONSTRUCTION AGAINST THE CONTRACTOR WHO DESIGNED, REPAIRED, OR CONSTRUCTED PURCHASER’S UNIT. NINETY (90) days from the date of shipment or completion of the ServicesDAYS BEFORE PURCHASER FILES PURCHASER’S LAWSUIT OR COMMENCES ANY ACTION, PURCHASER MUST SERVE ON THE CONTRACTOR A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS PURCHASER ALLEGES ARE DEFECTIVE. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) UNDER THE LAW, A CONTRACTOR HAS THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR AND/OR PAY FOR THE DEFECTS. PURCHASER IS NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY A CONTRACTOR. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER THE LAW AND FAILURE TO FOLLOW THEM MAY NEGATIVELY AFFECT PURCHASER’S ABILITY TO FILE A LAWSUIT OR COMMENCE ANY OTHER ACTION AGAINST THE CONTRACTOR. CHAPTER 672E APPLIES TO ANY CIVIL ACTION, INCLUDING THE INITIATION OF AN ARBITRATION PROCEEDING. REFERENCE TO CHAPTER 672E OR THE CONTRACTOR REPAIR ACT DOES NOT MEAN THAT PURCHASER HAS A RIGHT TO FILE A LAWSUIT WHENEVER CHAPTER 672E MAY APPLY. This Section E.18 shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement survive Closing and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and merged with the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICESUnit Deed.

Appears in 3 contracts

Samples: Purchase Agreement, Purchase Agreement, Purchase Agreement

Limited Warranty. Subject This limited warranty extends to and covers only the limitations Customer, as the purchaser of the Product, Software and Service; the Customer represents and warrants to Electro that the Customer is subject to and bound by the limited warranty and disclaimer of warranty contained in within Section 8 herein, Seller 8.0: Electro warrants that commencing from the licensed firmware embodied in the Goods will execute the programming instructions provided by SellerProduct’s date of delivery and continuing immediately following thereafter for a period of four (4) consecutive years, and that the Goods manufactured by Seller Product will be free from defects in materials or workmanship under normal use material and care workmanship, and Services will be performed by trained personnel using proper equipment and instrumentation except for the particular Service provided. Additionallyforegoing, the foregoing warranties will Product is sold AS IS with all faults. This warranty does not apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months to defects resulting from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety (90) days from the date of shipment or completion of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accidentunauthorized modification, misuse, improper installation, modification, repair, or use of unauthorized replacement partsthe Product for any use other than electrical power monitoring, storage or handling, or any other cause not which is the fault of Seller are not covered by this limited warranty, intended and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder normal use of the original warranty period or ninety (90) days from the replacement date, whichever is longerProduct. This limited warranty is the only warranty made by Seller. BuyerThe Customer’s sole and exclusive remedy and Sellerthe entire liability of Electro under this limited warranty will be, at Electro's option, as follows: (i) the Product’s sole repair; or (ii) shipment of a replacement Product within the above stated warranty period. To exercise this limited warranty, the Customer must give notice (See Section 16.8) to Electro’s customer-support department and exclusive obligation give additional notice to Electro’s customer-support department by facsimile or by telephone for a breach of any warranty shall be Electro’s instructions for Seller to re-perform the ServicesProduct’s return or repair. If the Product is repaired, repair or replace Electro will ship the Goods, subject repaired Product to the limitations set forth in Section 8(a) hereinCustomer. THE FOREGOING WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KINDTHE SOLE WARRANTIES, EXPRESS OR IMPLIED, AS GIVEN BY ELECTRO IN CONNECTION WITH THE PRODUCT, AND ELECTRO DISCLAIMS ALL OTHER WARRANTIES, INCLUDING BUT NOT LMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND WARRANTIES AGAINST LATENT DEFECTS. The Customer must notify Electro promptly, but in no event more than four (4) year after the Product’s date of delivery of any claimed breach of this warranty, or such claim shall be time barred. THE LIMITED WARRANTY CONTAINED WITHIN SECTION 8.0 WILL NOT BE GIVEN OR APPLY, AND NO EXPRESS OR IMPLIED WARRANTY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND WARRANTIES AGAINST LATENT DEFECTS SHALL BE DEEMED APPLICABLE, GIVEN OR ANY OTHER MATTER PROVIDED BY ELECTRO WITH RESPECT TO OR CONCERNING THE PRODUCT, IF: (a) the Product has been altered, except by Electro or Electro’s authorized representative; (b) the Product has not been installed, operated, repaired, or maintained in accordance with instructions supplied by Electro; (c) the Product has been subjected to abnormal physical or electrical stress, abnormal environmental conditions, misuse, negligence, or accident; (d) the Product is used in ultrahazardous activities; or (e) the Customer failed to pay Electro the Product’s purchase price pursuant to Section 3.0 and Section 6.0 of these Terms of Sale. Electro warrants that Service provided hereunder shall be performed in a workmanlike manner consistent with industry standards. The Customer must notify Electro promptly by written notice (see Section 16.8), but in no event more than one (1) year after completion of the Service of any claimed breach of this warranty, or such claim shall be time barred. The Customer’s sole and exclusive remedy for breach of any of these foregoing service warranty shall be, at Electro’s option, re-performance of the Service, or termination of the applicable Service and the return of the Service fees/amounts paid to Electro by Customer for such non-conforming Service. The provision of Service subject to Terms of Sale shall not extend the warranties provided with any Product purchased or Software licensed by Customer. THE FOREGOING SERVICE WARRANTIES ARE THE SOLE WARRANTIES, EXPRESS OR IMPLIED, GIVEN BY ELECTRO IN CONNECTION WITH THE SERVICE, AND ELECTO DISCLAIMS ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY OTHER EXPRESSED OR IMPLIED WARRANTIES CONCERNING THE SERVICE. THE LIMITED WARRANTY CONTAINED WITHIN SECTION 8.0 WILL NOT BE GIVEN OR APPLY, AND NO WARRANTY SHALL BE DEEMED APPLICABLE, GIVEN OR PROVIDED BY ELECTRO WITH RESPECT TO OR CONCERNING THE SERVICE, IF THE CUSTOMER FAILED TO PAY ELECTRO THE SERVICE’S PURCHASE PRICE PURSUANT TO SECTION 3.0 AND SECTION 6.0 OF THE GOODS OR SERVICESTHESE TERMS OF SALE.

Appears in 2 contracts

Samples: Terms of Sale, Terms of Sale

Limited Warranty. Subject a. Fiber Composites LLC, individually and doing business as Fiberon (“Fiberon”) warrants to the limitations contained original purchaser (“Purchaser”, “you” or “your”) that for the Warranty Period set forth below the following products (“Fiberon Product”) shall, under normal and proper service conditions, remain free from material manufacturing defects and will not check, splinter, delaminate, rot, or suffer structural damage from fungal decay, when installed, used and maintained in Section 8 hereinan above-ground application and in accordance with Fiberon’s written instructions. For purposes of this Limited Warranty, Seller warrants that (a) the licensed firmware embodied in “original purchaser” means the Goods will execute individual or individuals who were the programming instructions provided by Sellerowners of the structure when the deck constructed of the subject Fiberon Products was installed, and that (b) a “residential application” is an installation of the Goods manufactured by Seller will be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation Fiberon Product on an owner-occupied residence. The term of this Limited Warranty (“Warranty Period”) for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months Fiberon Product listed below shall be in effect from the date of initial installation original purchase by or eighteen for a residential application as long as the Purchaser owns the property upon which the Fiberon Product was installed. Decking: Fiberon Paramount® PVC Decking The term of this Limited Warranty (18“Warranty Period”) months for the Fiberon Product listed below shall be twenty-five (25) years from the date of shipment original purchase by Seller. Services are warranted or for a period residential application as long as the Original Purchaser owns the property upon which the Fiberon Product was installed. Decking: Fiberon Horizon® Decking, Fiberon Horizon Symmetry™ Collection Decking, Fiberon ProTect Advantage® Decking, Fiberon ProTect® Decking, Fiberon Sanctuary® Decking, Fiberon Good Life™ Decking Railing: Fiberon Symmetry™ Railing The term of ninety this Limited Warranty (90“Warranty Period”) days for the Fiberon Products listed below shall be twenty (20) years from the date of shipment original purchase by or completion for a residential application as long as the Original Purchaser owns the property upon which the Fiberon Product was installed. Decking: Fiberon Professional Decking, Fiberon Xtreme Decking, Fiberon Xtreme Wide Decking, Xxxxxxxxx® Xtreme, Fiberon ArmorGuard® Decking and Veranda® ArmorGuard Decking Railing: Fiberon Horizon Railing, Fiberon Good Life Railing, Fiberon Natural Railing, Fiberon HomeSelect® Railing, Veranda ArmorGuard Railing, Veranda Regency Railing and Veranda Enclave® Railing Fasteners: Fiberon and Phantom® branded Hidden Fasteners (“Fiberon Fastener”) as listed on xxx.xxxxxxxxxxxxxx.xxx The term of this Limited Warranty (“Warranty Period”) for the Fiberon Products listed below shall be fifteen (15) years from the date of original purchase by or for a residential application as long as the Original Purchaser owns the property upon which the Fiberon Product was installed. Decking: Fiberon Traditional Decking, Fiberon Exotics Decking, Xxxxxxxxx Decking and Veranda Composite Decking Fencing: Fiberon Fencing Pickets and Cross Rails, Veranda Composite Fencing Pickets and Cross Rails, Fiberon Wood Shades® Fencing Pickets and Cross Rails Note: Substitution of wood or other materials for any portion of the ServicesFencing system will void this warranty. Products purchased by Seller from a third party for resale to Buyer This warranty is only valid if the entire Fiberon manufactured system is used: Posts, Pickets and Backer Rails. The term of this Limited Warranty (“Resale ProductsWarranty Period”) for the Fiberon Products listed below shall carry only be ten (10) years from the warranty extended date of original purchase by or for a residential application as long as the original manufacturerOriginal Purchaser owns the property upon which the Fiberon Product was installed. Buyer agrees that Seller has no liability Fencing: Fiberon Wood Shades Fencing Posts, Fiberon Fencing Posts, Veranda Composite Fencing Posts Note: Substitution of wood or other materials for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping any portion of the Resale ProductsFencing system will void this warranty. If Buyer discovers any This warranty defectsis only valid if the entire Fiberon manufactured system is used: Posts, Buyer must notify Seller thereof in Pickets and Backer Rails. b. Fiberon written instructions are available from your Fiberon dealer or your contractor or from Fiberon at xxxxxxxxxxxxxx.xxx or by writing during to Fiberon at the address stated below. c. In the event of a failure of the Fiberon Product or Fiberon Fastener within the applicable warranty period. All replacements or repairs necessitated by inadequate maintenanceWarranty Period as warranted above, normal wear when properly installed, used and usagemaintained as described above, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not Fiberon will replace the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except nonconforming item as may be agreed upon set forth in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This Section 2 below. d. The limited warranty set forth in this Limited Warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation (whether written or oral, express or implied) Fiberon makes for a breach of any warranty shall be for Seller to re-perform the Services, repair your Fiberon Product or replace the Goods, Fiberon Fasteners; it is subject to the limitations set forth all terms and conditions stated herein and no one (including but not limited to a Fiberon dealer, installer, reseller, agent or employee) is authorized to modify, expand or add to this limited warranty. Fiberon makes no other representation, guarantee or warranty. No one is authorized to make any representation, guarantee or warranty on Fiberon’s behalf, and Fiberon shall not be bound by or liable for, any representation, guarantee, warranty, or condition with regard to any Fiberon Product or Fiberon Fastener other than as expressly stated in Section 8(a) hereinthis Limited Warranty. THE WARRANTIES THIS LIMITED WARRANTY COMPRISES FIBERON’S SOLE AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVEENTIRE WARRANTY AND OBLIGATION IN CONNECTION WITH FIBERON PRODUCTS OR FIBERON FASTENERS. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KINDALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, QUALITY, CONDITION, SUITABILITY, OR ANY OTHER MATTER WITH RESPECT PERFORMANCE, ARE EXPRESSLY EXCLUDED AND DISCLAIMED. ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NOT EFFECTIVELY DISCLAIMED ARE LIMITED TO ANY THE APPLICABLE STATUTE OF LIMITATIONS BUT IN NO EVENT WILL EXTEND BEYOND THE APPLICABLE WARRANTY PERIOD. FIBERON EXCLUDES AND WILL NOT PAY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT, REGARDLESS OF THE GOODS BASIS OF ANY CLAIM OR SERVICESLIABILITY, SHALL FIBERON BE LIABLE FOR ANY DAMAGES, OF ANY NATURE OR DESCRIPTION WHATSOEVER, EXCEEDING THE ACTUAL PURCHASE PRICE, AND ANY LIABILITY SHALL BE LIMITED TO, THE ACTUAL PURCHASE PRICE OF THE DEFECTIVE PRODUCT AS ADJUSTED ON THE BASIS OF THE PRORATED WARRANTY SCHEDULE PROVIDED HEREIN.

Appears in 2 contracts

Samples: Limited Warranty, Limited Warranty

Limited Warranty. Subject to the limitations contained Purchaser being in compliance with this Agreement, and provided the Purchaser has only used the goods in accordance with the published specifications and has not otherwise used the goods in violation of Section 8 herein17, the Seller warrants that (the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller“Warranty”) that, and that the Goods manufactured by Seller will be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety forty-five (9045) days from after the date of shipment or completion first delivery of the Services. Products purchased by Seller from a third party for resale goods to the Buyer (the Resale ProductsWarranty Period”), the sold goods shall substantially conform to Seller’s published specifications during that Warrant Period. In the event the Buyer discovers an alleged defect in the goods which Xxxxx believes will give rise to a claim under the Warranty, the Buyer must report any such alleged defect in writing to Seller within the above described forty-five (45) day Warranty period of Buyer’s discovery of the same (the “Warranty Claims”) otherwise the Warranty covering that alleged defect shall carry only expire. The Warranty Claim must provide a commercially reasonable summary of the warranty extended by alleged defects in the original manufacturergoods. The Buyer agrees that must first obtain the written instructions of the Seller before the Purchaser has the right to return any allegedly defective goods to the Seller. Upon Xxxxxx’s receipt of a Warranty Claim, the Seller has no liability the right to inspect the alleged Warranty Claim to verify the alleged defects in the goods and the Purchaser will reasonably cooperate with the Seller for Resale Products beyond making this purpose. In addition, upon Seller’s receipt of a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warrantyWarranty Claim, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for option, the Seller has the right to re-perform the Services, either repair (using commercially reasonable efforts) or replace the Goodsnonconforming goods (the “Remedy”). The Remedy is Seller’s sole obligation, subject and Xxxxx’s exclusive recourse, for all Warranty Claims, including without limitation all claims of defects with respect to any goods. If the Remedy is adjudicated insufficient however, Seller has the option, at its election, to refund the purchase price paid by Purchaser and Seller shall have no further liability to Buyer relating to the limitations set forth in Section 8(a) hereinsubject goods. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KINDBuyer shall pay costs of returning goods under a Warranty Claim, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICESand Seller shall pay the costs of sending goods to Buyer after Remedy is performed.

Appears in 2 contracts

Samples: General Terms and Conditions, General Terms and Conditions

Limited Warranty. Subject to the limitations contained in Section of Sections 7, 8 hereinand 9, Seller warrants (i) subject to the other provisions of the Contract, good title to and the unencumbered use of the Products and (ii) that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods Products manufactured by Seller will shall conform with Seller's specifications therefore and be free from of defects in materials and workmanship. Seller will make good, by repair or workmanship at Seller's option by the supply of a replacement part or parts, any defects which, under normal use and proper use, care and Services will be performed by trained personnel using proper equipment maintenance, appear in Products of Seller’s manufacture and instrumentation for which are reported to Seller within 7 days from putting such Products into operation or 7 days after the particular Service provided. Additionally“USE BY” date printed on the Products, whichever period expires the foregoing warranties will apply until sooner (the expiration "Warranty Period"), which are reported to the Seller within 3 months after occurrence of the applicable relevant defect and which arise solely from faulty materials or workmanship: provided always that defective items are returned to Seller at Buyer’s cost carriage and insurance prepaid within the Warranty Period. This warranty does not extend to any losses or damages due to misuse, accident, abuse, neglect, normal wear and tear, negligence (other than Seller's), unauthorized modification or alteration, use beyond rated capacity, unsuitable power sources or environmental conditions, improper installation, repair, handling, maintenance or application or any other cause not the fault of Seller. To the extent that Buyer or its agents has supplied specifications, information, representation of operating conditions or other data to Seller in the selection or design of the Goods and the preparation of Seller's quotation, and in the event that actual operating conditions or other conditions differ from those represented by Buyer, any warranties or other provisions contained herein which are affected by such conditions shall be null and void. If within thirty (30) days after Xxxxx's discovery of any warranty defects within the warranty period, Buyer notifies Seller thereof in writing, Seller shall, at its option and as Buyer’s exclusive remedy, repair, correct or replace F.O.B. point of manufacture, or issue credit or refund the purchase price for, that portion of the Goods found by Seller to be defective. Failure by Buyer to give such written notice within the applicable time period shall be deemed an absolute and unconditional waiver of Buyer's claim for such defects. Buyer assumes all other responsibility for any loss, damage, or injury to persons or property arising out of, connected with, or resulting from the use of Goods, either alone or in combination with other products/components. Goods are repaired or replaced pursuant to this warranty shall be warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety (90) days from the date of shipment or completion unexpired portion of the Serviceswarranty applying to the original Goods. Products purchased Goods or Services sourced by Seller from a third party (not being a Seller Affiliate) for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated liable for any defects caused by: fair wear and tear; materials or workmanship made, furnished or specified by Buyer; non-compliance with Seller's storage, installation, operation or environmental requirements; lack of proper maintenance; any modification or repair not previously authorised by Seller in writing; nor the use of non-authorised software or spare or replacement parts. Seller's costs incurred in investigating and rectifying such defects shall be paid by Xxxxx upon demand. Buyer shall at all times remain solely responsible for the adequacy and accuracy of all information supplied by it. All Services are provided on an “AS IS” and “AS AVAILABLE” basis unless otherwise set forth in this Agreement. Additionally, Buyer understands that the Goods may utilize wireless networks such as, but not limited to, 4G LTE, CDMA, GSM (“Wireless Networks”) and that actual signal availability may depend on a combination of the Goods, third party wireless network carriers and availability of and actions of roaming partners, and that factors outside of Seller’s control, such as weather, buildings, topography, usage, or maintenance activities of Wireless Network Providers may limit or interrupt the Services. As such, Seller will not be liable to pay any costs or charges incurred by Buyer or any third parties for interruption or limitation of Services based on issues with Wireless Networks. Furthermore, the Goods are not for use as the sole method of measuring or tracking temperature in products and articles that are perishable or could affect the health or safety of persons, plants, animals, or other party except as may living organisms, including but not limited to foods, beverages, pharmaceuticals, medications, blood and blood products, organs, flammable, and combustible products. Buyer shall assure that redundant (or other primary) methods of testing and determining the handling methods, quality, and fitness of the articles and products should be agreed upon in writing in advance by Sellerimplemented. All costs Temperature tracking with this product, where the health or safety of dismantlingthe aforementioned persons or things could be adversely affected, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause is only recommended when supplemental or redundant information sources are used. Buyer shall be borne by Buyer unless accepted in writing by Seller. Goods repaired responsible for proper use and parts replaced by Seller during the warranty period shall be in warranty for the remainder storage of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICESthis product.

Appears in 2 contracts

Samples: Sales Contracts, Sales Contracts

Limited Warranty. Subject to the limitations contained in Section 8 6 herein, Seller warrants that (a) the licensed firmware that Seller created that is embodied in the Goods will execute the programming instructions provided by Seller, and that (b) the Goods manufactured by Seller will be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period, and (c) it will perform the Services in a professional, workmanlike and timely manner in accordance with commercially reasonable industry standards and that the Services shall be completed in accordance with the applicable agreed to specifications. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller, whichever period expires first. Consumables and Services are warranted for a period of ninety (90) 90 days from the date of shipment or completion of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify defects and notifies Seller thereof in writing during the applicable warranty period, Seller shall, at its option, correct any errors that are found by Seller in the firmware or Services or repair or replace F.O.B. point of manufacture that portion of the Goods or firmware found by Seller to be defective, or refund the purchase price of the defective portion of the Goods/Services. Failure by Buyer to give such written notice of defects within the applicable time period shall be deemed an absolute and unconditional waiver of Buyer’s claim for such defects. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement datedays, whichever is longer. This limited warranty is the only warranty made by Seller and can be amended only in a writing signed by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICES.

Appears in 2 contracts

Samples: Sales Contract, Sales Contract

Limited Warranty. Subject to the limitations contained in Section 8 hereinTHE FOLLOWING NON-ASSIGNABLE, Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller will be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety (90) days from the date of shipment or completion of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to reNON-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) herein. TRANSFERABLE WARRANTY IS GIVEN TO THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES ORIGINAL BUYER IN LIEU OF ANY KINDALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITYINCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. SELLER SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INCIDENTAL, CONSEQUENTIAL OR ANY OTHER MATTER WITH RESPECT DAMAGES ARISING FROM OR ON ACCOUNT OF SUCH DEFECTS IN THE WORK, AND THE REMEDIES HEREIN ARE EXPRESSLY AGREED TO ANY OF BE EXCLUSIVE. 6.1 Seller warrants that all work will be performed in a commercially reasonable manner and will meet or exceed industry standards. Seller warrants that all workmanship and materials furnished by it in the construction of the home shall be free from defects for a period of one (1) year from date of Closing or Buyer’s earlier occupancy of the home. Before the expiration of the warranty period, Buyer shall provide Seller with a single written list of any defects in the finished construction of the home so that Seller may correct all such conditions at the end of the warranty period. Seller shall repair such defects within a reasonable period of time thereafter. Notwithstanding the foregoing, Buyer shall not wait until the end of the warranty period, and shall immediately notify Seller of any serious or material defect which Seller shall promptly correct. Accordingly, Seller shall not be responsible for any damage which could have been prevented by timely notice and correction of a defect. 6.2 Upon receipt of notice of a defect substantially affecting the Property, Seller will undertake to make repairs promptly. Damages resulting from failure to notify Seller of a problem within a reasonable time period are not covered under this warranty. Other defects will be repaired within a reasonable period of time. Buyer acknowledges that it is Buyer’s responsibility to provide access to the Property during Seller’s normal working hours (Monday through Friday, 8:00am to 3:00pm, excluding recognized holidays) to make corrections/repairs to any warranted items. 6.3 Seller’s warranty does not extend to any work, materials, or items warranted by third parties, including without limitation, manufacturer’s warranties. Seller’s warranty excludes damage or defect caused by abuse or modifications to the Property not executed by Seller, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. Seller does not warrant against gouges, scratches, dents, etc., that are not recorded on the final walk-through inspection. Seller will not be responsible for fallen trees or consequential damages for fallen trees after Closing. 6.4 Seller will install materials specified in the Agreement, although materials may be substituted with like quality materials, at Seller’s sole discretion due to availability. Where the Agreement does not call for a specific grade or specification, Seller will install materials which are new and conform to industry standards. Seller is not responsible for the suitability, function, or safety of materials or designs specified by Buyer. Seller is not responsible for property damage or other damage caused by chemical, biological or toxic agents or elements that may be part of any building materials utilized in construction unknown to Seller. 6.5 Any warranty claim or any other cause of action arising under the terms of this Agreement, including the warranty, must be filed in a court of competent jurisdiction within four (4) months of the expiration of the warranty. Any unresolved, unasserted or undiscovered claim or cause of action which is not filed within four (4) months from the expiration of this warranty is waived. 6.6 Buyer acknowledges that there are commercially available homeowner warranties that cover many structured mechanical components of the residence. Buyer is advised to obtain said coverage at their own expense, as part of their purchase. 6.7 Manufactured or consumer products such as roofing materials, appliances, hardware, windows, heating and mechanical systems, fixtures, etc. are not separately warranted by Seller. 6.8 ONLY THE GOODS OR SERVICES.FOLLOWING ITEMS ARE WARRANTED:

Appears in 2 contracts

Samples: Purchase & Sale Addendum, Purchase & Sale Agreement

Limited Warranty. Subject to the limitations contained in Section 8 herein, Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller will be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety (90) days from the date of shipment or completion of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer Xxxxx agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer Xxxxx discovers any warranty defects, Buyer Xxxxx must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by SellerXxxxxx. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICES.

Appears in 2 contracts

Samples: Standard Terms and Conditions of Sale, Standard Terms and Conditions of Sale

Limited Warranty. Subject to the limitations contained in Section 8 6 herein, Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller will be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the The foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller, whichever period expires first. Consumables and Services are warranted for a period of ninety (90) 90 days from the date of shipment or completion of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer Xxxxx agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer Xxxxx discovers any warranty defects, Buyer must notify defects and notifies Seller thereof in writing during the applicable warranty period, Seller shall, at its option, correct any errors that are found by Seller in the firmware or Services or repair or replace F.O.B. point of manufacture that portion of the Goods or firmware found by Seller to be defective, or refund the purchase price of the defective portion of the Goods/Services. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by SellerXxxxxx. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement datedays, whichever is longer. This limited warranty is the only warranty made by Seller and can be amended only in a writing signed by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICES.

Appears in 2 contracts

Samples: Terms and Conditions of Sale, Terms and Conditions of Sale

Limited Warranty. Subject Defective parts must be returned to Texas AirSystems or one of its authorized factory locations within 10 days. Failure to return parts and obtain a Texas AirSystems’ “RETURNED GOODS AUTHORIZATION” (RGA) number will void and the limitations contained in Section 8 herein, Seller purchaser will be issued an invoice by Texas AirSystems for the “fair market value” of said parts. Contact Texas AirSystems for RGA number and return parts to “ship to” location. The Company warrants that the licensed firmware embodied it will provide free replacement parts in the Goods will execute the programming instructions provided by Seller, and that the Goods event any product manufactured by Seller will be free from defects Company and used in materials the United States proves defective in material or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier a period of twelve (12) months from the date of initial installation or eighteen (18) months from shipment. Goods not manufactured be the date of shipment by Seller. Services Company but also sold under this agreement are warranted only to the extent that the manufacturer warranted them to the Company and or directly to the Purchaser. The Company does not provide warranty for a period of ninety consumable items (90) days from e.g. filtration devices). The Company’s liability to the date of shipment or completion Purchaser shall not exceed the lesser of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only cost of correcting defects in the warranty extended by goods or the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping purchase price of the Resale Productsgoods, and the Company shall not in any event be liable to buyer or third parties for any delays of special, indirect, or consequential damages. If Buyer discovers Replacement parts must be maintained and serviced per manufacturer recommendations or warranty is voided. The Company’s warranty does not apply to any warranty defectsgoods which have been opened, Buyer must notify Seller thereof in writing during disassembled, repaired, or altered by anyone other than the applicable warranty period. All replacements Company or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources its authorized service representative or environmental conditions, accident, which have been subjected to misuse, improper installationmisapplication, modification, repair, use of unauthorized replacement or abuse. The Company is not obligated to pay any labor or service costs for removing or replacing parts, storage or handling, or any other cause not the fault of Seller shipping charges. Refrigerants, fluids, oils, and expendable items such as filters are not covered by this limited warranty, . This parts warranty and shall be at Buyerany optional expended warranties are granted only to the original user. Company’s expense. Seller shall not be obligated duty to pay perform under any costs or charges incurred by Buyer or any other party except as warranty may be agreed upon delayed, at Company’s sole option, until Company has been paid in writing in advance full for all goods purchased by SellerPurchaser. All costs No such delay shall extend the warranty period. For additional consideration the company will provide an extended warranty(ies) on certain goods or components thereof within the terms of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis warranty certificate(s). To obtain assistance under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This limited warranty is please contact the only warranty made by Sellerselling agency. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller To obtain information or to regain factory assistance, contact: Texas AirSystems, LLC., Warranty Parts Department, ; (000)-000-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICES0000.

Appears in 2 contracts

Samples: Construction Contract, Construction Contract

Limited Warranty. Subject to the limitations contained in Section 8 herein, 18.1 Seller warrants to Buyer that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller will Products shall be free from defects in materials or material and workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration a period of the applicable warranty period. Goods are warranted for the earlier of twelve one (121) months year from the date of initial installation delivery. Buyer must notify Seller of any such defect within 60 days after discovery of the defect otherwise this limited warranty is void. Seller, at its option, shall repair the defective Product, replace the defective Product with a new or eighteen reconditioned Product, or credit the price of the defective Product to Buyer, provided, that the Product is under warranty and notice of the defect is given to Seller within 60 days after discovery. 18.2 New replacement Products carry the same one (181) months year warranty as described in paragraph 18.1 above starting from the date of shipment by Sellerdelivery of the replacement Product. Services Reconditioned replacement Products and repaired Products are warranted against defects in workmanship and materials for a the longer of (i) the remainder of the original one (1) year warranty period of ninety the defective Product or (90ii) 90 days from the date of shipment or completion delivery of the Services. Products purchased reconditioned or repaired Product. 18.3 This warranty does not cover defects caused by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defectsabuse, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditionsmishandling, accident, misuseimproper installation or application, improper installation, modification, repair, use the malfunction of unauthorized replacement parts, storage another component or handlingpart of any device in which the Product is installed or with which the Product interfaces, or any other cause not the fault of extend to Products which have been modified or repaired by anyone except Seller are not covered by this limited warrantyor its authorized service representative, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer whose serial numbers or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantlingidentification marks have been altered or removed. 18.4 SELLER MAKES NO OTHER WARRANTIES OTHER THAN THOSE EXPRESSLY STATED HEREIN, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) herein. INCLUDING BUT NOT LIMITED TO THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR IMPLIED WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, AND IMPLIED WARRANTIES AGAINST NON-INFRINGEMENT. IF APPLICABLE LAW DOES NOT PERMIT SELLER TO DISCLAIM IMPLIED WARRANTIES, ANY OTHER MATTER WITH RESPECT WARRANTIES IMPLIED BY LAW ARE LIMITED TO ANY OF THE GOODS MAXIMUM EXTENT PERMITTED BY LAW. BUYER’S SOLE AND EXCLUSIVE REMEDY UNDER THIS LIMITED WARRANTY IS REPAIR, REPLACEMENT OR SERVICESCREDIT AT SELLER’S SOLE OPTION.

Appears in 2 contracts

Samples: Sales Contracts, Sales Terms and Conditions

Limited Warranty. Subject to the limitations contained in Section 8 herein, Seller 5.1 Licensor warrants that the licensed firmware embodied in media on which the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller Océ Software is delivered will be free from defects in materials or and workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve Warranty Period (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety (90) days from the date of shipment or completion of the Services. Products purchased Océ Software is first used by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longerLicensee). This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be terminated immediately if the media is subjected to accident, abuse, or improper use. Licensor will be obliged to honor this warranty only if Licensee provides notice to Licensor of a defect in the media during the Warranty Period. 5.2 Licensor warrants that upon installation, the Océ Software will materially conform to Licensor’s then current published specifications, provided the Océ Software is properly installed and used. Licensor further warrants that prior to shipment, Licensor has tested the Océ Software using commercially available virus detection programs and no viruses were found and that, except as noted herein, the Océ Software contains no “time bombs” or other disabling devices. Licensor has implemented disabling code to protect Océ Software and Océ Equipment against unlicensed use. Improperly or non-licensed Océ Software will operate only for Seller a limited time, or will operate in some diminished capacity. There are no other warranties, express or implied in connection with the Océ Software. 5.3 Except as set forth in 5.1 and 5.2 above, Licensee expressly acknowledges and agrees that the Océ Software and Océ Firmware are provided “as is” and without warranty of any kind. Licensor expressly disclaims any other warranty, implied or statutory, including warranties of merchantability, non-infringement and fitness for a particular purpose. OCÉ DOES NOT WARRANT THAT THE OCÉ SOFTWARE AND OCÉ FIRMWARE WILL MEET CUSTOMER’S REQUIREMENTS OR THAT THE OPERATION OF THE OCÉ SOFTWARE OR OCÉ FIRMWARE WILL BE UNINTERRUPTED OR ERROR FREE. 5.4 The entire liability of Licensor, and the sole remedy of Licensee, in the event of breach of this License Agreement shall be, at Licensor’s option, (i) Licensor’s use of commercially reasonable efforts to re-perform the Services, repair correct or replace the Goodsnon-conforming Océ Software or Océ Firmware within a reasonable period of time after receiving written notice from Licensee or (ii) refund the license fee paid by Licensee to Licensor less a reasonable fee for the period of use (based on depreciation deducted over a five year straight line basis), subject provided Licensee ceases all use of and returns the Océ Software to the limitations set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICESLicensor.

Appears in 2 contracts

Samples: End User Software License Agreement, End User Software License Agreement

Limited Warranty. Subject to the limitations contained in Section 8 hereinHardware Products. Prysm warrants, Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, hardware Products meet Xxxxx’s published specifications and that the Goods manufactured by Seller will be free from defects in materials workmanship or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation material for the particular Service providedWarranty Period. AdditionallyThe “Warranty Period” shall be (i) in the case of LPDs, one (1) year from Customer acceptance; provided that, if Customer acceptance does not occur within three (3) months of physical delivery to Customer’s designated site and Customer has not identified any material defects in the delivered Product, the foregoing warranties will apply until Warranty Period shall commence three months after delivery, and (ii) in the expiration case of other hardware Products manufactured by Prysm, one (1) year from physical delivery of the applicable warranty periodProduct to Customer’s designated location. Goods are warranted for Should any defect in workmanship or material appear within the earlier of twelve relevant Warranty Period, Prysm will (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety (90) days from the date of shipment or completion of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenanceWarranty Period, normal wear and usageproper substantiation has been provided to Prysm that the goods have been stored, unsuitable power sources or environmental conditionsinstalled, accidentmaintained, misuseand operated in accordance with Prysm’s recommended practice and the standard industry practice, improper installationand that the defect(s) are not the result of an unauthorized repair, modification, repair, use of unauthorized replacement parts, storage or handlingimproper connection by mechanical, or electrical means to any other cause not piece of equipment or device) correct such defect(s) by suitable repair or replacement at the fault factory, at the place of Seller are not covered by this limited business of the Customer or at the location of the hardware Product under warranty, at Prysm’s option. All returns to Prysm’s factory must be authorized in advance of shipment in writing, and shall shipped prepaid. Prysm assumes no risk of loss, or liability for damage during shipment prior to acceptance of delivery at Prysm’s factory, nor will Prysm be at Buyerresponsible for any duties or taxes associated for the delivery to Xxxxx’s expensefactory. Seller shall Outgoing freight charges for repaired or replacement Products will not be obligated paid by Prysm if the incoming inspection fails to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Sellerdisclose a warranted defect. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) hereinIT IS AGREED BETWEEN PRYSM AND CUSTOMER AND/OR PRYSM AND THE END CUSTOMER THAT THE FOREGOING LIMITED WARRANTY SHALL BE CUSTOMER’S EXCLUSIVE REMEDY. THE WARRANTIES SOLE PURPOSE OF THE EXCLUSIVE REMEDY SHALL BE TO PROVIDE CUSTOMER WITH REPAIR AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVEREPLACEMENT OF DEFECTIVE PRODUCT IN THE MANNER PROVIDED HEREIN, AND SHALL NOT BE DEEMED TO HAVE FAILED ITS ESSENTIAL PURPOSE AS LONG AS PRYSM IS WILLING TO REPAIR, OR REPLACE DEFECTIVE PRODUCT IN THE DESCRIBED MANNER. THERE ARE NO REPRESENTATIONS OR WARRANTIES THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY KIND, EXPRESS OR IMPLIED, AS TO WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE PURPOSE, OR ANY OTHER MATTER WARRANTY OF QUALITY OR PERFORMANCE, WHETHER EXPRESSED OR IMPLIED. CORRECTION OF NONCONFORMITIES, IN THE MANNER AND TIME PERIOD PROVIDED ABOVE, SHALL CONSTITUTE FULFILLMENT OF ALL LIABILITIES OF PRYSM TO CUSTOMER WITH RESPECT TO ANY TO, OR ARISING OUT OF THE GOODS FAILURE OR SERVICESMALFUNCTION OF THE PRODUCT, PRIOR TO, OR IN USE, WHETHER BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE. All returns that are replaced shall become the property of Prysm and shall, at Prysm’s request, be returned by Customer to Prysm at Prysm’s cost.

Appears in 2 contracts

Samples: General Terms & Conditions of Sale, General Terms & Conditions

Limited Warranty. Subject to Cummins shall perform the limitations contained Services in Section 8 herein, Seller warrants that a reasonable and workmanlike manner. Parts and components purchased or supplied under this Agreement are governed by the licensed firmware embodied in the Goods will execute the programming instructions express written manufacturers’ warranty. No other warranty for parts or components supplied during Services provided by Seller, and that the Goods manufactured by Seller will under this Agreement is provided under this Agreement. All Services shall be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety (90) days from after completion of Services. In the date event of shipment or completion a warrantable defect in workmanship of Services supplied under this Agreement (“Warrantable Defect”), Cummins’ obligation shall be solely limited to correcting the Warrantable Defect. Cummins shall correct the Warrantable Defect where (i) such Warrantable Defect becomes apparent to Customer during the warranty period; (ii) Cummins receives written notice of the Warrantable Defect within thirty (30) days following discovery by Customer; and (iii) Cummins has determined that there is a Warrantable Defect. Warrantable Defects remedied under this provision shall be subject to the remaining warranty period of the original warranty of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing New parts supplied during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use remedy of unauthorized replacement parts, storage or handling, or any other cause not Warrantable Defects are warranted for the fault balance of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of still available from the original warranty period or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) hereinsuch parts. THE REMEDIES PROVIDED IN THIS LIMITED WARRANTY AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY CUMMINS AND CUMMINS INC. TO THE CUSTOMER UNDER THIS AGREEMENT. EXCEPT AS SET FORTH ABOVE ARE EXCLUSIVEOUT IN THIS LIMITED WARRANTY AND THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, CUMMINS AND CUMMINS INC. THERE ARE NO REPRESENTATIONS OR WARRANTIES EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITYINCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT AND ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICESA 8. INDEMNIFICATION. Customer shall indemnify, defend and hold harmless Cummins and Cummins Inc. from and against any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorneys' fees, brought against or incurred by Cummins and/or Cummins Inc. related to or arising out of this Agreement or the Services, or parts supplied under this Agreement (collectively, the “Claims”), where such Claims were caused or contributed to by, in whole or in part, the acts, omissions, fault or negligence of the Customer. Customer shall present any Claims covered by this indemnity, including any tenders for defense and indemnity by Cummins to its insurance carrier unless Cummins directs that the defense will be handled by Cummins' legal counsel at Customer’s expense.

Appears in 2 contracts

Samples: Planned Maintenance Agreement, Planned Maintenance Agreement

Limited Warranty. Subject (a) NeuLion warrants that it can grant the license described in this Agreement and NeuLion agrees to indemnify Licensee, hold Licensee harmless and defend Licensee against or, at NeuLion’s option, settle any action at law or in equity against Licensee based upon a claim that Licensee’s use of the limitations contained Licensed Programs in Section 8 hereinaccordance with this Agreement infringes any patent, Seller copyright or other intellectual property right of any third party; provided that Licensee gives NeuLion prompt written NeuLion Initials Licensee Initials notice of such claim and control of the defense or settlement thereof, provided that the Licensee shall be entitled to participate in the defense of such claim and to employ counsel of its choice for such purpose and NeuLion may not without Licensee’s prior written consent enter into any settlement that obligates Licensee to pay money, to perform obligations or to admit liability without the consent of Licensee. (b) NeuLion also warrants that the licensed firmware embodied Licensed Programs will operate according to the specifications published by NeuLion for the Licensed Programs. If it is determined that the Licensed Programs does not operate according to such specifications, NeuLion’s only responsibility will be to use its best efforts, consistent with industry standards, to cure the defect. (c) Any warranties made by NeuLion (other than that of non-infringement) will extend and be in effect only for the Goods period that Licensee is entitled to use the Licensed Programs and for which Licensee shall have paid NeuLion’s License Fee and Maintenance Fee, if applicable. (d) In the event that Licensee makes any changes or modifications to the Licensed Programs, Licensee agrees that such changes and modifications shall be the property of NeuLion. Furthermore, any such changes or modifications made by Licensee to a Licensed Programs will execute mean that the programming instructions provided foregoing limited warranty of NeuLion with respect to such Licensed Programs shall no longer apply to the extent a defect is caused by Sellersuch changes or modifications, and NeuLion shall have the right to charge Licensee for additional support services at NeuLion’s then prevailing service rate with respect to any defects caused by such changes or modifications, provided that the Goods manufactured by Seller will be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety (90) days from the date of shipment or completion of the Services. Products purchased by Seller from a third party for resale NeuLion shall have no obligation to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort agree to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICESprovide such services.

Appears in 2 contracts

Samples: License Agreement (Jumptv Inc), License Agreement (Jumptv Inc)

Limited Warranty. Subject Seller warrants to the limitations contained in Section 8 herein, Seller warrants first purchaser of the Products that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller such Products will be free from material defects in workmanship and materials or workmanship under normal use and care service for a period of one year from Seller's delivery hereunder. The warranty period on a repaired unit is 30 days from the date of repair for workmanship, and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) 12 months from the date of initial installation repair for replacement parts. There is NO WARRANTY for any part, product or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety (90) days from the date of shipment component installed, serviced, or completion of the Services. Products purchased replaced at any location other than as designated by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only in writing. There is NO WARRANTY if the warranty extended Product is opened, altered, or repaired by the original manufactureranyone other than Seller personnel. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping Product designs do not offer user serviceable parts. There is NO WARRANTY in cases of the Resale Products. If Buyer discovers any warranty defectsdamage in transit, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenancenegligence, abuse, abnormal usage, neglect, alteration, misuse, accidents, normal wear and usagetear, unsuitable power sources damage, or deterioration due to environmental conditionsor natural elements, accident, misuse, failure to follow Seller's instructions or improper or inadequate installation, modificationstorage, repairrepair or maintenance. There is NO WARRANTY for any Engineering Samples, Prototypes, Pre-Production units, etc. (as designated by the use of unauthorized replacement suffixes ES, PP, etc. with the Part Number). This warranty does not cover parts furnished but not produced or manufactured by Seller, and Seller's sole obligation with respect to such parts shall be limited to assigning or transferring to Buyer any written warranty extended to Seller by the manufacturer of such parts to the extent such warranty may reasonably be assigned or transferred. However, Seller does not adopt, guarantee, or represent that the manufacturer will comply with any of the terms of the warranty of such manufacturer. Remedy: Seller's sole and exclusive obligation under this warranty (and Xxxxx's sole and exclusive remedy) shall be, upon prompt written notice by Buyer during the warranty period and immediately upon Buyer's discovery of any breach, to either, at Seller's option, repair or replace without charge, F.O.B. Seller's Facility, any defective Product or part thereof expressly warranted herein by Seller against defects and found by Seller in its sole discretion to be defective and covered by this warranty or, solely at Seller's option, credit Buyer for the purchase price paid for such Product or part. For customized parts, storage Seller shall not typically offer credit for the purchase price paid as a warranty remedy. Seller shall be given the right to inspect and test Products claimed to be defective. Seller will provide Buyer with written instructions regarding return of any Products to Seller for inspection and testing or handlingfor replacement or repair. Buyer shall not return Products to Seller without Seller's written authorization and instructions. Repair or replacement of a Product shall not extend the warranty term. Xxxxxxxx returns must have a prior authorization in the form of an RMA number and are handled on a first received, first served basis. Neither incoming nor outgoing freight is included in warranty coverage or repair prices. Seller does not accept unauthorized debit memos. Debits issued against Seller without authorization or for any other cause Product that is determined by Seller not the fault of Seller are not to be covered by Seller's limited warranty will be immediately posted to Buyer's past due balance. Seller's standard inspection and test charges shall apply to all Products returned and found by Seller to be functioning within the approved specifications for that Product and not in breach of the above limited warranty. Buyer shall promptly pay Seller's invoice in connection with such charges. SELLER SHALL NOT BE LIABLE TO BUYER, OR TO ANYONE CLAIMING UNDER BUYER, FOR ANY OTHER OBLIGATIONS OR LIABILITIES, INCLUDING, BUT NOT LIMITED TO, OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR WARRANTY, Any assistance Seller provides to or procures for Buyer outside the terms, limitations or exclusions of this warranty will not constitute a waiver of the terms, limitations or exclusions of this limited warranty, and shall be at Buyer’s expensenor will such assistance extend or revive the warranty. Seller shall will not be obligated to pay reimburse Buyer for any costs or charges expenses incurred by Buyer in repairing, correcting or replacing any other party defective Products, except as may be agreed upon in writing in advance by for those incurred with Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICES's prior written permission.

Appears in 2 contracts

Samples: Sales Contract, Sales Contract

Limited Warranty. Subject to the limitations contained in Section 8 hereinHMH warrants, Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller will be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety (90) days from the date of shipment or completion commencement of this License Agreement (referred to as the Services. Products purchased by Seller "Warranty Period"), that the CD- ROM and DVD-ROM discs in which the Software is contained are free from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement defects in material and shipping of the Resale Productsworkmanship. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated Warranty Period, a defect in the Software appears, Licensee may return the Program to HMH for either a replacement or, if so elected by inadequate maintenanceHMH, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use refund of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered amounts paid by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis Licensee under this warranty clause shall License Agreement. Any replacement Software will be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in under warranty for the remainder of the original warranty period Warranty Period or ninety (90) days from the replacement date30 days, whichever is longer. This limited As to any defects discovered after the Warranty Period, there is no warranty or condition of any kind. In no event shall the warranty herein apply: (i) to Software that has been modified from its standard form as provided by HMH or that is not up to date with all updates, enhancements and new releases/new versions released by HMH, or (ii) to difficulties or defects that are not reproducible or that are due to Licensee’s computer hardware, third party software, environment, operating system or misuse or other causes external to the only warranty made by SellerSoftware. Buyer’s Licensee agrees that the foregoing constitutes the sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of by HMH or any warranty shall be for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) hereinwarranties made under this License Agreement. THE WARRANTIES AND REMEDIES EXCEPT AS SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KINDABOVE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HMH AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, AS INCLUDING BUT NOT LIMITED TO ANY WARRANTIES FOR INFORMATION, DATA, DATA PROCESSING SERVICES, DATA OR CONTENT MAINTENANCE OR STORAGE, UPTIME OR UNINTERRUPTED ACCESS, OR ANY WARRANTY OF ACCURACY, CORRECTNESS, PRECISION, TIMELINESS, THOROUGHNESS, COMPLETENESS, USE OR APPLICATION, ADEQUACY AND SUITABILITY, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICESPURPOSE, TITLE, AND NON-INFRINGEMENT.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Limited Warranty. Subject to the limitations contained in Section 8 6 herein, Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller will be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the The foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller, whichever period expires first. Consumables and Services are warranted for a period of ninety (90) 90 days from the date of shipment or completion of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify defects and notifies Seller thereof in writing during the applicable warranty period, Seller shall, at its option, correct any errors that are found by Seller in the firmware or Services or repair or replace F.O.B. point of manufacture that portion of the Goods or firmware found by Seller to be defective, or refund the purchase price of the defective portion of the Goods/Services. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement datedays, whichever is longer. This limited warranty is the only warranty made by Seller and can be amended only in a writing signed by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICES.

Appears in 2 contracts

Samples: Terms and Conditions of Sale, Terms and Conditions of Sale

Limited Warranty. Subject to the limitations contained in Section 8 herein, Seller Panasas warrants that the licensed firmware embodied in the Goods Software will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller will be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration substantially comply with Panasas's written descriptions of the applicable warranty period. Goods are warranted for the earlier functionality of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted such Software for a period of ninety (90) days from the date of shipment or completion of Customer receives it and provided Customer installs the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only Software and accepts the warranty extended by the original manufacturer. Buyer agrees associated XXXX terms, provided that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof Panasas is notified in writing during the applicable warranty of any material non-conformity within such 90-day period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s Customer's sole and exclusive remedy and Seller’s sole and exclusive obligation for a any breach of this warranty is for Panasas to undertake reasonable efforts to correct any warranty shall material non-conformity, to provide replacement Software that has the described functionality, or to permit return of the Software and the associated Panasas Product(s) so that Customer may obtain a refund. Panasas does not warrant that the Software will meet Customer’s requirements or that the operation of the Software will be for Seller to reuninterrupted or error-perform the Servicesfree. PANASAS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES IN RELATION TO THE SOFTWARE, repair or replace the Goods, subject to the limitations set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE Customer’s Obligations. Customer shall provide to Panasas access to the Software, Hardware and Customer equipment and employees, and shall otherwise cooperate with Panasas as reasonably necessary for Panasas to verify compliance with and enforce this Agreement and for Panasas perform any warranty obligations it may have. Customer shall maintain e-mail and HTTP, SMTP and FTP access as specified by Panasas for remote access to the Software by Panasas to verify compliance with and enforce this Agreement and for Panasas perform any warranty obligations it may have. LIMITATION OF LIABILITY. PANASAS'S LIABILITY ARISING OUT OF THIS AGREEMENT OR SALE OF THE PANASAS PRODUCTS SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PANASAS PRODUCTS. IN NO EVENT SHALL PANASAS BE LIABLE TO CUSTOMER OR ANY OTHER MATTER WITH RESPECT TO PERSON OR ENTITY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, UNFORESEEABLE OR INDIRECT DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, LOSS OF ANTICIPATED PROFITS, LOSS OF BUSINESS OR REVENUE, LOSS OR INACCURACY OF INFORMATION OR DATA, COST OF RECOVERING SOFTWARE OR DATA, LOSS OF USE, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY, LOST EMPLOYEE TIME, OR LOST OPERATIONAL SAVINGS OR COSTS), HOWEVER CAUSED OR ARISING, ON ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION ANY ACTIONS OR CLAIMS ARISING IN CONTRACT, WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR OTHERWISE), AND WHETHER OR NOT PANASAS HAS BEEN ADVISED OF OR AWARE OF THE GOODS POSSIBILITY OF SUCH DAMAGES OR SERVICES.LOSSES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. PANASAS EXPRESSLY DISCLAIMS, AND CUSTOMER AGREES, THAT PANASAS SHALL HAVE NO LIABILITY OF ANY KIND FOR ANY THIRD PARTY PRODUCT OR Indemnity. Panasas will indemnify and hold Customer harmless or settle any claim against Customer that the Software covered by these license terms infringe any U.S. copyright or U.S. registered trademark. If such a claim appears likely, Panasas may modify the Software, procure any necessary license, replace it, or terminate this Agreement and refund to Customer the amounts paid to Panasas by Customer for the Panasas Product(s) the use of which is impaired or enjoined, limited to actual money paid to Panasas by Customer for such Panasas Product(s), depreciated over a three- (3-) year period beginning on the date such amounts are paid, using a straight-line method. Panasas’s obligation to indemnify, hold harmless and/or settle a claim pursuant to this section is subject to Customer

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

Limited Warranty. Subject to the limitations contained in Section 8 herein, (a) The Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller products to be delivered under these Terms of Sale will be free from defects in materials or material and workmanship under normal use and care service and Services will be performed by trained personnel using proper equipment and instrumentation for conform in all material respects to the particular Service providedthen-current mutually agreed-upon product design specifications. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety (90) days from the date of shipment or completion of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis 's obligations under this warranty clause are limited to replacing or repairing or giving credit for, at its option, at its factory, any of said products which shall, within one (1) year after shipment, be returned to the Seller's factory of origin, transportation charges prepaid, and which are, after examination, disclosed to the Seller's satisfaction to be thus defective. THIS WARRANTY IS EXPRESSED IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND OF ALL OTHER OBLIGATIONS OR LIABILITIES ON THE SELLER'S PART, AND IT NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR THE SELLER ANY OTHER LIABILITIES IN CONNECTION WITH THE SALE OF THE SAID ARTICLES. This warranty shall be borne not apply to any of such products which shall have been repaired or altered, except by Buyer unless accepted in writing by the Seller, or which shall have been subjected to misuse, negligence, accident or improper storage. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of The aforementioned provisions do not extend the original warranty period of any product which has either been repaired or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made replaced by Seller. Buyer’s sole . (b) It is understood that if an order calls for the delivery of semiconductor devices which are not finished and exclusive remedy fully encapsulated, then no warranty, statutory, express or implied, including the implied warranty of merchantability and Seller’s sole and exclusive obligation fitness for a breach of any warranty particular purpose, shall be for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) hereinapply. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICESAll such devices are sold as is where is.

Appears in 2 contracts

Samples: Agreement Regarding Terms of Sale (Dexcom Inc), Agreement Regarding Terms of Sale (Dexcom Inc)

Limited Warranty. Subject to the limitations contained in Section 8 herein, Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller will be sold hereunder are free from defects in materials or material and workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service providedWarranty Period set forth below. AdditionallySeller warrants its Good(s) only to the original Buyer. There are no warranties whatsoever on Goods built or acquired, wholly or partially, to a Buyer’s designs or specifications. This express warranty in this Section is in lieu of and excludes all other warranties, express or implied, by operation or law or otherwise including THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE (WHETHER KNOWN TO SELLER OR NOT), all other such warranties being hereby expressly disclaimed by Seller and waived by Xxxxx. Written notice of claimed defects shall have been given to Seller within the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve Warranty Period, and within thirty (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety (9030) days from the date of shipment any such defect is first discovered. The Good or completion parts claimed to be defective must be returned to Seller, accompanied by a Return Material Authorization (RMA) issued by Seller’s facility responsible for supplying Goods, with transportation prepaid by Xxxxx, with written specifications of the Servicesclaimed defect. Products purchased by If a warranty claim is valid, Seller shall pay reasonable one-way costs of transportation of the defective Goods from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by either the original manufacturerdestination or the location where defect occurred, whichever is closest to Seller’s facility. Buyer agrees that Under no circumstances shall Seller has no liability be liable for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses removal of Seller’s personnel and representatives for site travel and diagnosis under this Goods from Buyer’s equipment or re-installation into Buyer's equipment. No person including any agent, distributor, or representative of Seller is authorized to make any representation or warranty clause shall be borne by Buyer unless accepted in writing on behalf of Seller concerning any Goods manufactured by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICES.

Appears in 2 contracts

Samples: Global Terms and Conditions, Global Terms and Conditions

Limited Warranty. Subject HITEL warrants to the limitations contained in Section 8 hereinDISTRIBUTOR alone, Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller PRODUCTS sold to DISTRIBUTOR pursuant to this Agreement will be delivered free from defects in materials or material and workmanship under normal and proper use and care and Services will be performed by trained personnel using proper equipment and instrumentation for materially conform to HlTEl’s specifications at the particular Service provided. Additionallytime of delivery to DISTRIBUTOR, with the foregoing warranties will apply until the expiration term of the applicable said warranty period. Goods are warranted for the earlier of twelve being fifteen (1215) months for all PRODUCTS, from the date of initial installation or eighteen delivery to DISTRIBUTOR provided that: (18a) months from HITEL is promptly notified in writing of any warranty claim: and (b) DISTRIBUTOR provides HITEL with the date of shipment by Seller. Services are warranted for means and access to examine and test the PRODUCTS within a reasonable period of ninety time, and at DISTRIBUTOR’s cost; and (90c) days from HITEL’s examination of such items shall disclose to its reasonable satisfaction that the date of shipment or completion claimed defect in the PRODUCTS constitutes a breach of the Servicesabove warranty and was not caused by such occurrences as misuse, abuse, neglect, improper handling, installation, operation, maintenance, unauthorized repair, alteration or accident. Products purchased Modification of PRODUCTS by Seller from a third party DISTRIBUTOR or at DISTRIBUTOR’s direction, unless specifically authorized in writing by HITEL, shall invalidate the above warranty; and (d) DISTRIBUTOR complies in all respects with the procedures for resale to Buyer implementing HITEL’s warranty protections set forth in HITEL’s Return Material Authorization (“Resale Products”RMA) shall carry only the warranty extended by the original manufacturerprogram description. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping A copy of the Resale Productscurrent RMA program description is attached as Exhibit E. This Limited Warranty does not cover any items normally consumed in operation of Products (such as lamps, fuses, etc.) or cosmetic damage. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at BuyerHITEL’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis liability under this warranty clause is limited to repairing, replacing or issuing a credit in the amount of the unit Agreement price, at its election, for any such claim. Any repair or replacement shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during not extend the warranty period shall be period, except as provided in warranty for Exhibit E hereof. If HITEL elects to replace a defective PRODUCT, HITEL’s obligation is limited to making a replacement PRODUCT available to DISTRIBUTOR FO HITEL’s designated shipping point, and does not include such items as the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach provision of any warranty shall be labor involved or connected therewith, such as that which is required to diagnose trouble, service faults, etc., or removing or installing any PRODUCT, responsibility for Seller to re-perform the Services, repair or replace the Goods, subject any transportation expense other than delivery to the limitations set forth FOB point, and any taxes, duties or the like in Section 8(a) hereinconnection therewith. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KINDHITEL may replace PRODUCTS hereunder with new or refurbished parts or PRODUCTS, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICESin HITEL’s discretion.

Appears in 2 contracts

Samples: Authorized Distributor Agreement (Xeta Technologies Inc), Authorized Distributor Agreement (Xeta Technologies Inc)

Limited Warranty. Subject to the limitations contained in Section 8 herein, Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller will be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided8.1. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for Where Licensee within a period of ninety six (906) days from months after the date Effective Date of shipment or completion this Agreement provides written docu- mentation demonstrating that there is an Error in the Li- censor Software which can be proved and reproduced, Licensor shall either 1) deliver, free of charge, a new ver- sion of the ServicesLicensor Software without the Error, 2) correct the Error free of charge or 3) return the license fee actu- ally paid for the license to the Licensor Software by Licen- see. Products purchased by Seller from The performance of Licensor’s obligations under ar- ticle 8.1 shall be Licensor’s total maximum liability and Li- censor’s entire obligation to Licensee as a third party for resale to Buyer consequence of all and any Errors in the Licensor Software, and Licen- see shall have no other claims against Licensor as a result of such Errors. Error correction may also take the form of a statement of procedures or manners of application (“Resale Productswork arounds”) shall carry only whereby the warranty extended by the original manufacturer. Buyer agrees that Seller has Error will have no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping signifi- cant effect on Licensee’s use of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longerLicensor Software. This limited warranty is void if failure of the only Licensor Soft- ware has resulted from accident, abuse or misapplication by Licensee. Any modification, including modifications to Application Code, of the Licensor Software by anyone other than Licensor voids the foregoing warranty made on any portion of the Licensor Software modified or affected by Sellersuch modification. BuyerAny analysis work carried out by Licen- sor due to Licensee’s sole notification of Errors shall not be in- voiceable if and exclusive to the extent the Error is documented and warranted, but in other situations such analysis work is invoiced on a time and material basis at Licensor’s standard hourly rates. 8.2. Other than as provided in article 8.1, the Licensor Soft- ware (including Updates) is considered “as-is” with no other warranties, representations, obligations of remedy and Seller’s sole and exclusive obligation or rights other than those described above, whether im- plied or express, statutory, oral or written, including but not limited to any implied warranties of merchantability, against infringement, quiet enjoyment, accuracy of data, system integration, or fitness for a breach of any warranty particular purpose. Ac- cordingly, Licensee shall have no right to raise claims against Licensor if the Licensor Software contains errors and inconveniences not covered by article 8.1. 8.3. Licensee shall be responsible for Seller to rethe use, deployment and application of the Licensor Software and related software and equipment in its organization, as well as for sufficient back-perform the Servicesups, repair or replace the Goods, subject security measures and adequate system man- agement. The Licensor Software is not localized for par- ticular country-specific requirements (except if and to the limitations set forth extent the Licensor in Section 8(a) hereinits discretion has created one or more of such localised specific versions of the Licensor Software and has notified the Licensee thereof), and should localization be requested by Licensee then it can be agreed upon via a separate contract governing the consultancy task that such localization would involve. 8.4. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVEThe warranty, cf. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KINDarticle 8.1, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICESis furthermore limited to the latest commercial release of the Licensor Software which is supported by Licensor.

Appears in 2 contracts

Samples: Software License Agreement, Software License Agreement

Limited Warranty. Subject to the limitations contained in Section 8 herein, 1) Seller hereby warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller will goods sold hereunder shall be free from material defects in materials or workmanship material and workmanship, if properly installed and used under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation operating conditions, for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier a period of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety shipment, whichever comes first (90the “Warranty Period”). 2) days With respect to gears and housings only, the Warranty Period is extended to thirty-six (36) months from the date of shipment invoice or completion twenty-four (24) months from the date of the Services. Products purchased by Seller from a third party for resale installation, whichever comes first. 3) The limited warranty shall not apply to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort any components or parts which are subject to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal operational wear and usagetear, unsuitable power sources or environmental conditionsincluding, accidentbut not limited to, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or belts and traction discs. 4) Should any other cause not goods fail to comply with the fault of Seller are not covered by this foregoing limited warranty, Buyer shall provide written notice to Seller of the claimed defect and shall be at all relevant details within thirty (30) days of Buyer’s expensediscovery of the claimed defect. Buyer shall return the allegedly defective goods to Seller shall not be obligated at its facilities in Waunakee, Wisconsin or to pay any costs or charges incurred by Buyer or any such other party except location within the USA as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced designated by Seller during in its sole discretion, with all shipping and transportation charges prepaid by Buyer. 5) Seller shall then examine the warranty period shall be in warranty for returned goods to determine if the remainder of claimed defect is covered by the original warranty period or ninety (90) days from limited warranty. If the replacement dateclaimed defect is covered by the limited warranty, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and shall be to have Seller repair or replace, at Seller’s sole option, the defective goods or components in accordance with the terms of this limited warranty. 6) Seller shall have a commercially reasonable time to make such repairs or replacements and exclusive obligation for a breach may use new or reconditioned components. Any repair or replacement shall not extend the Warranty Period unless otherwise agreed by Seller. 7) Buyer shall pay all shipping costs and any costs of any removal and re-installation of goods or components. 8) The foregoing limited warranty shall be for not apply with respect to any goods or components (i) which are not installed, used, operated, serviced or maintained in accordance with manufacturer’s instructions or which are otherwise not properly installed, used, operated, serviced or maintained, or (ii) which are misused, neglected, damaged, altered, repaired, reconfigured or incorrectly wired. 9) Seller to re-perform the Services, repair or replace the Goods, subject makes no representations as to the limitations specifications, capacity or performance of the goods sold hereunder, except as may be specifically set forth in Section 8(athe invoice’s written specifications, and any such representations are expressly conditioned upon the accuracy and completeness of the data and information furnished by the buyer and upon the goods being properly installed, used, serviced and maintained by Buyer. 10) hereinAny description or model of the goods is for identification or illustrative purposes only and shall not be deemed to create any warranty, express or implied. 11) The foregoing limited warranty shall extend solely to Buyer and not to any other party. The foregoing limited warranty is in lieu of any and all other warranties, whether express or implied. Seller hereby excludes and disclaims any and all other warranties, whether express or implied, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. 12) If Buyer shall fail to pay when due any portion of the purchase price or any other payment required from Buyer to Seller under this contract, all warrantied and remedies set forth herein shall be deemed null and void, ab initio. 13) The parties acknowledge and agree that the exclusive remedy under the foregoing limited warranty shall NOT HAVE FAILED OF ITS ESSENTIAL PURPOSE (AS THAT TERM IS USED IN THE WARRANTIES UNIFORM COMMERCIAL CODE) PROVIDED THAT SELLER REMAINS WILLING TO REPAIR OR REPLACE DEFECTIVE GOODS WITHIN A COMMERCIALLY REASONABLE TIME. 14) BUYER SPECIFICALLY ACKNOWLEDGES AND REMEDIES AGREES THAT THE PRICE CHARGED BY SELLER FOR THE GOODS IS BASED UPON THE LIMITATIONS OF SELLER’S WARRANTY OBLIGATIONS AND OTHER LIABILITIES AS SET FORTH ABOVE ARE EXCLUSIVEHEREIN. THERE ARE LIMITATION OF LIABILITY. NOTWITHSTANDING ANY OTHER PROVISION HEREOF, IN NO REPRESENTATIONS EVENT SHALL SELLER BE LIABLE TO BUYER OR WARRANTIES TO ANY OTHER PARTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR FOR ANY LOSSES, CLAIMS OR DAMAGES RELATING TO OR ARISING FROM THE USE OR OPERATION OF THE GOODS, AND IN NO EVENT SHALL ANY CLAIM OR RECOVERY OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY KIND EXCEED THE PURCHASE PRICE OF THE GOODS OR SERVICESIDENTIFIED IN THE RELATED INVOICE.

Appears in 2 contracts

Samples: General Terms and Conditions of Sale, General Terms and Conditions of Sale

Limited Warranty. Subject to the limitations contained in Section 8 herein, (a) Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, warrants: (i) All Products (excluding software and that the Goods spare parts) manufactured by Seller will conform to the specifications provided by Seller and will be free from of defects in materials material and workmanship (“Defects”) for 12 months following installation or workmanship 18 months following ship date, whichever occurs first, under normal use and care regular service and Services maintenance, if installed pursuant to Seller’s instructions. New spare parts will be performed by trained personnel using proper equipment free of Defects for 12 months following ship date. Buyer must notify Seller of any Defect promptly upon discovery and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of if such notification occurs within the applicable warranty period. Goods are warranted for the earlier , Seller shall remedy such Defect by, at Seller’s option, adjustment, repair or replacement of twelve (12) months from the date Products or any affected portion of initial installation Products, or eighteen (18) months from the date of shipment by Seller. Services are warranted for providing a period of ninety (90) days from the date of shipment or completion refund of the Services. Products purchased by Seller from a third party for resale portion of the purchase price attributable to Buyer (“Resale Products”) shall carry only the warranty extended by defective portion of the original manufacturerProduct. Buyer agrees that Seller has no liability assumes all responsibility and expense for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantlingremoval, reinstallation and freight charges (both for return and delivery of new parts). Buyer must grant Seller access to the time Terms and expenses Conditions of Seller’s personnel Sale – Confidential v1.1 premises at which Products are located at all reasonable times so that Seller can evaluate any Defect and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Sellermake repairs or replacements on site. Goods repaired and parts Repaired or replaced by Seller during portions of Products are warranted until the later of the end of the warranty period applicable to the defective portion of Products repaired or replaced; or 30 days following the completion of the repair or ship date of the replacement parts; and (ii) Services will be of workmanlike quality. If Buyer notifies Seller of any nonconforming Services within 30 days after Services are completed, Seller shall re-perform, if able to be cured, those Services directly affected by such failure, at its sole expense. Xxxxx’s sole remedy for such nonconforming Services is limited to the cost of re- performing the Services. (b) Buyer is responsible for disassembly and re- assembly of non-Seller supplied products. Seller does not warrant and shall have no obligation with respect to any Products that: (i) have been repaired or altered by someone other than Seller; (ii) have been subject to misuse, abuse, neglect, intentional misconduct, accident, Buyer or third party negligence, unauthorized modification or alteration, use beyond rated capacity, a Force Majeure Event, or improper, or a lack of, maintenance; (iii) are comprised of materials provided by, or designed pursuant to instructions from, Buyer; (iv) have failed due to ordinary wear and tear; or (v) have been exposed to adverse operating or environmental conditions. Products and third party software supplied by Seller, but manufactured or created by third parties are warranted only to the extent of the manufacturer’s warranty and to the extent such manufacturer permits Seller to pass any third-party warranty through to Buyer. If Seller has relied upon any specifications, information, representations or descriptions of operating conditions or other data supplied by Buyer or its agents to Seller in warranty the selection or design of Products, and actual operating conditions or other conditions differ, any warranties or other provisions contained herein that are affected by such conditions will be null and void. (c) Buyer is solely responsible for determining the fitness and suitability of Products for the remainder use contemplated by Xxxxx. Buyer shall ensure that (i) the Products are used only for the purposes and in the manner for which they were designed and supplied, (ii) all persons likely to use or come into contact with the Products receive appropriate training and copies of applicable instructions and documentation supplied by Seller, (iii) all third parties who use or may be affected by or rely upon the original warranty period Products are given full and clear warning of any hazards associated with them or ninety limitations of their effectiveness and that safe working practices are adopted and complied with, (90iv) days any warning notices displayed on the Products are not removed or obscured, (v) any third party to whom the Products are supplied agrees not to remove or obscure such warning notices. Buyer assumes all responsibility for any loss, damage, or injury to persons or property arising out of, connected with, or resulting from the replacement dateuse of Products, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the Services, repair either alone or replace the Goods, subject to the limitations set forth in Section 8(acombination with other Products or components. (d) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE IN THIS SECTION 6 ARE EXCLUSIVE. THERE SELLER’S SOLE AND EXCLUSIVE WARRANTIES WITH RESPECT TO PRODUCTS AND SERVICES, AND ARE NO REPRESENTATIONS OR IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AGAINST INFRINGEMENT; AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, USAGE OF TRADE, AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. THE REMEDIES PROVIDED IN THIS SECTION 6 ARE BUYER’S SOLE REMEDIES FOR ANY AND ALL CLAIMS ARISING FROM OR ANY OTHER MATTER WITH RESPECT RELATED TO ANY OF THE GOODS OR PRODUCTS AND SERVICES. All warranty claims must be received by Seller on or before the end of the applicable warranty period.

Appears in 2 contracts

Samples: Terms and Conditions of Sale, Terms and Conditions of Sale

Limited Warranty. Subject Except as otherwise provided below, Silmar warrants its products to the limitations contained be in Section 8 herein, Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, conformance with their specifications and that the Goods manufactured by Seller will to be free from defects in mate­ rials and workmanship under normal use and service for 90 days from the date of original purchase unless the installation instructions or catalog sets forth a shorter period, in which case the shorter period shall apply. Silmar's obligation shall be limited to repairing or replac­ ing, at its option, free of charge for materials or labor, any part which is proved not in com­ pliance with its specifications or proves defective in materials or workmanship under normal use and care service. Where Silmar acts as distributor on behalf of a manufacturer, the manu­ facturer's warranty shall be the only warranty on the product and Services will be performed Silmar extends no sepa­ rate warranty of its own. Any warranty hereunder is void if the product is altered or improp­ erly repaired or serviced by trained personnel using proper equipment anyone other than an approved factory service facility or if the product was not stored suitably, misused, abused or used for a purpose other than for which it was designed. For warranty service, return product transportation prepaid, to the Silmar office from which it was purchased. The foregoing warranty extends to Buyer and instrumentation for the particular Service provided. Additionallynot to purchasers from Buyer, except that if Buyer is an authorized re-seller of a product sold by Silmar, the foregoing warranties will apply until warranty (and no other) subject to the expiration terms and conditions thereof, may be extended to purchasers from such distributor of the applicable goods covered hereby. Buyer shall defend and indemnify Silmar from any claim made under any warranty periodor representation made by Buyer to any third party. Goods are warranted THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FIT NESS FOR A PARTICULAR PURPOSE OR OTHERWISE, WHICH EXTEND BEY OND THE DESCRIPTION ON THE FACE HEREOF. IN NO CASE SHALL SILMAR BE LIABLE TO ANY ONE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR BREACH OF THIS OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, OR UPON ANY OTHER BASIS OF LIABILITY WHAT XXXXXX, INCLUDING, BUT NOT LIMITED TO, STRICT LIA­ BILITY EVEN IF THE LOSS OR DAMAGE IS CAUSED BY SILMAR'S OWN NEGLI­ GENCE, INTENTIONAL ACTIONS, GROSS NEGLIGENCE, DELAY IN PERFORMANCE, NON-PERFORMANCE, BREACH OF CONTRACT OR FAULT. Silmar does not represent that its security products may not be compromised or circumvent­ ed, that such a product will prevent any personal injury or property loss, burglary, robbery, fire or otherwise, or that the product will in all cases provide adequate warning or protection. Buyer understands that a properly installed and maintained security system may only reduce the risk of a burglary, robbery or fire without warning, but there is no assurance or guarantee that such will not occur or that there will be non personal injury of property loss as a result. CONSEQUENTLY, SILMAR SHALL HAVE NO LIABILIT Y FOR ANY PERSON­ AL INJURY, PROPERTY DAMAGE OR OTHER LOSS BASED ON A CLAIM THE PRODUCT FAILED TO GIVE WARNING OR FAILED TO DETECT AND/OR WARN OF A DANGER OR FAILED TO PERFORM PROPERLY. However, if Silmar is held liable, whether directly or indirectly, for any loss or damage arising under this Limited Warranty or otherwise, regardless of cause or origin, Silmar's maximum liability shall not in any case exceed the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety (90) days from the date of shipment or completion purchase price of the Services. Products purchased by Seller from product which shall be fixed as liquidated damages and not as a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warrantypenalty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation the complete and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longerexclusive remedy against Silmar. This limited warranty Limited Warranty replaces all previous warranties and is the only warranty made by SellerSilmar on its products. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the ServicesNo increase or alteration, repair written or replace the Goodsverbal, subject to the limitations set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICESthis Limited Warranty is authorized.

Appears in 1 contract

Samples: General Terms and Conditions

Limited Warranty. Subject to the limitations contained in Section 8 hereinIn lieu of all other warranties, expressed or implied, Seller warrants only that the licensed firmware embodied Products will substantially conform to the written warranty set forth in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller will be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation applicable Product quotation for the particular Service providedlimited time period set forth in such quotation (“Warranty Period”), provided the Product has been used solely in accordance with the terms of this Agreement and its applicable documentation and has not been repaired, modified, altered or neglected and has been properly stored prior to use or installation and provided that, if more restrictive terms are set forth in the applicable quotation, those more restrictive terms shall be applicable to the warranty for the Product (“Limited Warranty”). Additionally, In the event of a failure of any Product to comply with the foregoing warranties will apply until warranty during the expiration applicable Warranty Period (a “Defect”), Seller shall, at its option, repair or replace the Product or refund the fees paid by Buyer for such Product following Buyer’s return of the applicable Product (shipping and insurance at Buyer’s expense), or provide a workaround for the Defect. Products provided as replacement products may be new or refurbished products. Replacement products provided under this limited warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety (90) days from the date of shipment or completion of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the remaining warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from Product, if any, as specified in the replacement date, whichever is longerquotation for the original Product. This limited warranty is the only warranty made by Seller. The foregoing sets forth Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation remedies for a breach of the above limited warranties. The warranty is made on the condition that the Buyer will provide Seller reasonable opportunity to investigate all claims, will allow and provide for inspection of such products(s) at seller’s factory, will provide any warranty and all records related to said order products that are relevant and/or requested by Seller, including but not limited to maintenance records, inspection records, job reports, handling/storage records, and provided that Seller’s inspection reveals that Xxxxx’s claim is valid under the terms of this warranty. No returns shall be accepted without Seller’s Return Material Authorization (RMA). No warranty is provided for Seller to rethird party goods or goods provided by customer (in whole or in part). This warranty does not cover faults or damages arising from natural wear and tear, faulty or careless treatment, use of non-perform the ServicesIRIS INSTRUMENTS approved parts, repair or replace the Goodsimproper storage, subject to the limitations set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICESand unauthorized commissioning.

Appears in 1 contract

Samples: General Terms and Conditions of Sales

Limited Warranty. Subject to the limitations contained in Section 8 herein, Seller warrants that the licensed firmware embodied Products will conform to Seller’s published specifications therefore, or such other specifications as the Parties may expressly agree in the Goods will execute the programming instructions writing, provided by Seller, and that the Goods manufactured by Seller will be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation Products are subjected to only the usage for the particular Service providedwhich they were manufactured. Additionally, the foregoing warranties will apply until the expiration of the applicable The warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from shall commence on the date of shipment by Seller. Services are warranted and continue for a period of ninety (90) days from days. In the date of shipment or completion of event that any Product fails to comply with the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defectsforegoing limited warranty, Buyer must notify Seller thereof in writing during promptly (but no later than expiration of the applicable warranty period) contact Seller to obtain a return materials authorization. All replacements or repairs necessitated Products must be returned to Seller, freight prepaid by inadequate maintenanceSeller, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of for determination by Seller that such Products are not covered by this limited warranty, and defective. Such Products shall be at Buyer’s expenseaccompanied by a written description of the circumstances under which the applicable Products purportedly failed. Seller shall not replace or repair, at its sole option and expense, any defective Products for parts thereof that prove to be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller defective during the warranty period period, and return such repaired/replacement Products to Buyer, freight prepaid by Seller, or refund the purchase price paid therefore. THIS REMEDY IS THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO BUYER FOR DEFECTIVE PRODUCT. If Seller determines in its sole discretion that the defect is attributable to any cause other than poor workmanship or defective materials supplied by Seller, then Seller shall have no obligation whatsoever with respect to repair or replacement of the defective Products. Seller shall return the Products to Buyer, freight to be paid by Buyer, and the warranty described herein shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longervoid. This limited warranty is the only warranty made does not cover defects caused by normal deterioration and wear and tear, and does not apply if Products have been subject to modification, or to misuse, mishandling, misapplication, operation outside rated capacities, negligence (including, without limitation, improper maintenance), or accident or if any adjustments or repair has been performed by anyone other than Seller or an authorized service representative of Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES THIS WARRANTY IS IN LIEU OF ANY KINDOTHER WARRANTIES, AND SELLER HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICESNONINFRINGEMENT.

Appears in 1 contract

Samples: Terms and Conditions of Sale

Limited Warranty. Subject to (a) For a period of sixty (60) days after the limitations contained in Section 8 hereinfirst download of the Software by Licensee (the “Software Warranty Period”), Seller Licensor warrants that the licensed firmware embodied Software, when used as permitted under this Agreement and in accordance with the instructions in the Goods Documentation will execute operate substantially as described in the programming instructions provided by Seller, and Documentation. Licensor does not warrant that the Goods manufactured by Seller Licensee’s use of the Software will be error-free from defects or uninterrupted. Licensor will, at its own expense and as its sole obligation and Licensee’s exclusive remedy for any breach of this warranty, use commercially reasonable efforts to correct any reproducible error in materials or workmanship under normal the Software reported to Licensor by Licensee in writing during the Software Warranty Period or, if Licensor determines that it is unable to correct the error, Licensor will refund to Licensee all license fees actually paid, in which case this Agreement and Licensee’s right to use and care and Services the Software will be performed by trained personnel using proper equipment and instrumentation for terminated. Any such error correction provided to Licensee will not extend the particular Service original Software Warranty Period. (b) If a hardware activation key is provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted then for a period of ninety sixty (9060) days from the date of after shipment or completion of the Services. Products purchased activation key by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only Licensor, Licensor warrants that when used as permitted under this Agreement and in accordance with the warranty extended by instructions in the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping Documentation, the encoding of the Resale ProductsSoftware on the activation key will operate substantially in accordance with the Documentation. If Buyer discovers any LICENSOR PROVIDES NO WARRANTY WHATSOEVER ON ANY HARDWARE. LICENSEE’S EXCLUSIVE REMEDY AND THE SOLE AND ENTIRE LIABILITY OF LICENSOR WITH RESPECT TO ANY ACTIVATION KEY SHALL BE, UPON LICENSEE’S RETURN OF THE DEFECTIVE ACTIVATION KEY TO LICENSOR, LICENSOR WILL SHIP A REPLACEMENT ACTIVATION KEY TO LICENSEE AT LICENSOR’S EXPENSE. ANY REPLACEMENT ACTIVATION KEY PROVIDED TO LICENSEE WILL NOT EXTEND THE ORIGINAL SOFTWARE WARRANTY PERIOD. To make a warranty defectsclaim, Buyer Licensee must notify Seller thereof contact Licensor at the address provided in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenancesection 3 (b), normal wear above. (c) EXCEPT AS EXPRESSLY PROVIDED IN SECTIONS 4(a) and usage4(b), unsuitable power sources or environmental conditionsTHE SOFTWARE, accidentDOCUMENTATION, misuseANY ACTIVATION KEY AND ANY SUPPORT OR OTHER SERVICES PROVIDED BY LICENSOR HEREUNDER IS PROVIDED ON AN “AS IS” BASIS, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF WITHOUT ANY KINDWARRANTY WHATSOEVER, EXPRESS OR IMPLIED, AS TO INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR ANY OTHER MATTER WITH RESPECT TO ANY TITLE. THE ENTIRE RISK ARISING OUT OF THE GOODS USE OF THE SOFTWARE IS WITH LICENSEE. NO ORAL OR SERVICES.WRITTEN INFORMATION OR ADVICE GIVEN BY

Appears in 1 contract

Samples: End User License Agreement (Eula)

Limited Warranty. Subject to Any claim in anyway arising out of this agreement must be commenced within one (1) year of the limitations contained in Section 8 herein, delivery date. Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Sellerits goods, tooling and that the Goods manufactured by Seller will be free from manufacturing against defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety Ninety (90) days from subject to the following: Seller warrants that goods manufactured by it have been manufactured in accordance with its standard practices. Unless expressly agreed upon in writing by Seller and Buyer, all goods, tools and materials shall be furnished subject to Seller’s standard tolerances and variations. If Seller’s manufactured and tooled products fail to function properly under normal and proper use because of defects in material or workmanship and written notice thereof is given to Seller no later than Ninety (90) days after date of shipment receipt of such goods by Buyer, Seller (reserving the right to either inspect such defective products or completion of request the Services. Products purchased return to Seller) will at its sole option, credit, repair, or replace products determined by Seller from a third party for resale to Buyer (“Resale Products”) be defective, provided that the product shall carry only the warranty extended by the original manufacturernot have been altered or repaired after shipment to Buyer. Buyer agrees that any custom orders manufactured by Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expensespecifications, Seller only warrants that they conform to Buyers written specifications. Seller shall not be obligated held liable to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses third parties for use of Seller’s personnel products once delivery is made to Buyer. This Limited Warranty is given only to the original Buyer and representatives for site travel and diagnosis under this warranty clause shall it may not be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder transferred or assigned to subsequent purchasers or transferees of the original warranty period or ninety (90) days from the replacement date, whichever is longerproduct. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) herein. THE IT IS EXPRESSLY AGREED THAT THIS WARRANTY IS IN LIEU OF ANY AND ALL OTHER WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KINDLIABILITIES, EXPRESS OR IMPLIED, AS INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR ANY PURPOSE AND ANY LIABILITY FOR CONSEQUENTIAL, OR ANY OTHER MATTER WITH RESPECT TO ANY PUNITIVE DAMAGES ARISING OUT OF THE USE OF THE PRODUCT SOLD HEREUNDER. THE FOREGOING STATES SELLER’S ENTIRE AND EXCLUSIVE SOLE REMEDY FOR ANY CLAIM OF DAMAGES IN CONNECTION WITH THE SALE OF GOODS AND PRODUCTS HEREUNDER WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) STRICT LIABILITY OR SERVICESOTHERWISE. SELLER WILL IN NO EVENT BE LIABLE FOR ANY DAMAGE OR EXPENSE ARISING DIRECTLY OR INDIRECTLY FROM ANY DEFECT IN ITS GOODS. SELLER’S LIABILITY FOR LOSSES OR DAMAGES ARISING OUT OF THE SUPPLYING OR USE OF ITS PRODUCTS SHALL IN NO EVENT EXCEED THE PRICE CHARGED FOR THE PRODUCT.

Appears in 1 contract

Samples: Plastic Molding Agreement

Limited Warranty. Subject to the limitations contained in Section 8 herein, Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by 10.1. Seller, and that the Goods manufactured by Seller will be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable ’s warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months is effective from the date of shipment by Seller. Services are warranted for a and is limited to six (6) months thereafter or such other period of ninety (90) days from the date of shipment or completion of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon notified by Seller to Buyer in writing in advance by Seller(the “warranty period”). All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller If during the warranty period period, goods prove faulty by reason of inherently defective material or inferior workmanship and the faulty goods are returned to Seller promptly upon discovery of such fault and properly packaged so as not to sustain any damage in transit, Seller shall at its option, without charge, repair or replace the goods shown to the satisfaction of Seller to be defective in material or workmanship as aforesaid. The warranty shall not operate where the goods have been subject to use beyond their normal performance specifications or in any other way misused. 10.2. Notwithstanding the foregoing, Seller’s liability in respect of goods subject to a separate guarantee by the manufacturer of same goods will be limited to the manufacturer’s own warranty terms and conditions. 10.3. Buyer is responsible for design work rendered by Seller unless otherwise expressly agreed to by an authorized representative of Seller on the remainder face of the original warranty period or ninety (90) days from the replacement date, whichever is longerthis Terms and Conditions of Sale. 10.4. This limited warranty is the only warranty made by Seller. The remedies described in this Terms and Conditions of Sale are Buyer’s sole and exclusive remedy and Sellerremedies. Under no circumstance shall Seller be liable for any cost, loss, expense, damages, special damages, incidental damages, or consequential damages arising, directly or indirectly, from Buyer’s sole and exclusive obligation for a purchase, ownership, or use of the goods, whether based upon breach of warranty, breach of contract, negligence, strict tort liability, or any warranty shall be for Seller other legal theory. 10.5. Such damages include, but are not limited to, loss of profits, loss of savings or revenue, loss of use of the goods or any associated property, costs of capital, costs of any substitute equipment, facilities or services, downtime, the claims of third persons (including lessees, customers, and invitees), and injury to re-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) hereinproperty. 10.6. THE WARRANTIES AND REMEDIES SET FORTH ABOVE LIMITS OF LIABILITY DESCRIBED HEREIN ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR IN LIEU OF ALL OTHER WARRANTIES OF ANY KINDAND LIABILITIES, EXPRESS EXPRESSED OR IMPLIED, AS TO MERCHANTABILITYINCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICESPURPOSE.

Appears in 1 contract

Samples: Supply Agreement (Cardiovascular Systems Inc)

Limited Warranty. Subject to (a) For a period of one year from the limitations contained in Section 8 herein, Seller cutover date ("warranty period") Hi Country warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller will System shall be free from defects in materials and workmanship and shall perform in conformance with specifications contained in the manufacturers warranty provided with the Equipment. If the System fails to perform within said one year, Hi Country shall, repair the System or workmanship under normal use components of the System, (including parts and care labor) at Hi Country's expense. (b) Customer's sole and Services will exclusive remedy for breach of warranty or Hi Country's failure to perform shall be performed by trained personnel using proper equipment and instrumentation for as set forth above in subparagraph (a) immediately preceding. Hi Country's obligations to remedy failures of the particular Service provided. Additionally, part or equipment described in the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety (90) days from the date of shipment or completion of the Services. Products purchased by Seller from a third party for resale notice to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees Hi Country that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller were discovered during the warranty period shall continue until the System is operating according the terms of this Agreement provided Customer notifies Hi Country in writing during the warranty period. Repair and replacement parts shall be in new for the first 90 days of the warranty period and shall be new or like new for the remainder fo the warranty period. (c) Hi Country shall not be liable for any long distance charges, toll charges or any other expense to Customer caused by unauthorized usage, fraud, theft, or by any person not authorized by Hi Country. (d) The limited warranty contained in this agreement from Hi Country to Customer excludes repairs or replacements, whether made necessary by Customer or by a third party that are attributable to misuse, negligence, accident, theft, abuse fluctuations in electric current, power surges, shorts, fire, water, flood, temperature variation beyond that recommended in the manufacturer's documentation to Customer or manufacturer's specifications, wind, storms, lightening or any act of God, access to repair or work on the original system by any person who is not authorized by Hi Country. Hi Country shall perform repairs necessitated by any excluded cause at Customer's request provided that rates and charges for such repairs are approved in writing by Customer. (e) In addition to the above described warranty services, Hi Country shall respond to Customer request to perform service during the warranty period or ninety (90) days from as outlined in SCHEDULE 2, MAINTENANCE AGREEMENT UNDER WARRANTY. If there is a conflict between this Agreement and the replacement dateSCHEDULE 2 Agreement, whichever is longer. This limited warranty is then the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach provisions of any warranty this Purchase Agreement shall be for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICESprevail.

Appears in 1 contract

Samples: Purchase Agreement (Jato Communications Corp)

Limited Warranty. Subject to the limitations contained in Section 8 6 herein, Seller warrants that that (a) the licensed firmware that Seller created that is embodied in the Goods will execute the programming instructions provided by Seller, and that (b) the Goods manufactured by Seller will be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period, and (c) it will perform the Services in a professional, workmanlike and timely manner in accordance with commercially reasonable industry standards and that the Services shall be completed in accordance with the applicable agreed to specifications. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller, whichever period expires first. Consumables and Services are warranted for a period of ninety (90) 90 days from the date of shipment or completion of the Services. Products purchased by Seller from a third party for resale to Buyer or included as components in the Goods (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer Xxxxx agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale ProductsProducts and coordinating claims under the original manufacturer’s warranty. If Buyer Xxxxx discovers any warranty defects, Buyer must notify defects and notifies Seller thereof in writing during the applicable warranty period, Seller shall, at its option, correct any errors that are found by Seller in the firmware or Services or repair or replace F.O.B. point of manufacture that portion of the Goods or firmware found by Seller to be defective, or refund the purchase price of the defective portion of the Goods/Services. Failure by Buyer to give such written notice of defects within the applicable time period shall be deemed an absolute and unconditional waiver of Buyer’s claim for such defects. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by SellerXxxxxx. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement datedays, whichever is longer. This limited warranty is the only warranty made by Seller and can be amended only in a writing signed by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICES. SELLER SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE RESULTING FROM SELLER’S USE OF OR COMPLIANCE WITH DESIGNS, PROCESSES, FLOW CHARTS, BUSINESS RULES, SPECIFICATIONS, INFORMATION, INSTRUCTIONS, AND REPRESENTATIONS OF OPERATING CONDITIONS OR OTHER DATA SUPPLIED BY BUYER (“BUYER DATA”).

Appears in 1 contract

Samples: Terms and Conditions

Limited Warranty. Subject to the limitations contained in Section 8 herein, Seller warrants that at time of delivery to the licensed firmware embodied in the Goods applicable carrier for delivery to Buyer, its Products will execute the programming instructions provided by Seller, comply with applicable Seller drawings and that the Goods manufactured by Seller will be materially free from defects in materials workmanship and material. These warranties shall run to Buyer, its successors and assigns, provided, however, that Buyer shall indemnify Seller against any costs or workmanship under normal use and care and Services will damages relating to any additional warranty granted to its successors or assigns. The warranty shall be performed by trained personnel using proper equipment and instrumentation valid for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from after delivery of the Products to Buyer or six (6) months after date of initial installation or eighteen (18) months from the date of shipment by Sellerfirst use, whichever occurs first. Services are warranted for a period of ninety (90) days from the date of shipment or completion of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during of a failure to comply with applicable Seller drawings or defects in workmanship or material (a “Nonconformance”) within the applicable warranty period and return the Product to Seller within thirty (30) calendar days after such discovery. Upon timely receipt of such notification and Seller’s determination to its satisfaction after examination that such Product contained a nonconformance, Seller’s obligation and Buyer’s remedy under this warranty is limited to either repair or replacement of any Product, at Seller’s option. All Products repaired or replaced hereunder shall be warranted only for the unexpired portion of the original warranty period. All replacements or repairs necessitated by inadequate maintenanceFor all purposes hereof, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use tear shall not constitute a Nonconformance. All warranties relate to the Product at the time of unauthorized replacement parts, storage or handling, or any other cause not delivery to the fault of Seller are not covered by this limited warranty, and shall be at carrier for delivery to Buyer’s expense. Seller shall not be obligated to pay any costs liable for warranty claims if the Product has been exposed or charges incurred by Buyer subjected to: Any maintenance, repair, installation, handling, transportation, storage, operation or any other party except as may be agreed upon use which is improper or otherwise not in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of compliance with Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne instructions or applicable government regulation or law; Any alteration, modification or repair performed by Buyer unless accepted anyone other than Seller or those specifically authorized in writing by Seller. Goods repaired and ; Any accident, contamination, foreign object damage, abuse, neglect or negligence after delivery to the applicable carrier for delivery to Buyer; Any damage precipitated by failure of Product not under warranty or by any product not supplied by Seller; or Any use of counterfeit or replacement parts replaced that are neither manufactured nor approved by Seller during for use in Products. Seller’s obligations under this warranty are conditioned upon Buyer’s obligation to maintain records, which will accurately reflect operating time, and maintenance performed on the warranty period shall be in warranty for Product and establish the remainder nature of any unsatisfactory condition of the original warranty period or ninety (90) days from Product and reasonably establish that such condition existed at the replacement datetime provided herein. Buyer shall, whichever is longer. This limited warranty is upon the only warranty made by request of Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach , promptly delivery to Seller copies of such records as necessary to substantiate any warranty shall be for Seller to re-perform the Servicesclaims. (i) THE PRODUCT COMPLIES WITH THE FEDERAL FOOD, repair or replace the GoodsDRUG AND COSMETIC’S ACT AND REGULATIONS THEREUNDER OR (ii) THE PRODUCTS DO NOT INFRINGE ANY INTELLECTUAL PROPERTY RIGHTS, subject to the limitations set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY EVEN IF SELLER HAS BEEN MADE AWARE OF THE GOODS OR SERVICESPOTENTIAL FOR SUCH INFRINGEMENT.

Appears in 1 contract

Samples: Terms and Conditions of Sale

Limited Warranty. Subject Damage to the limitations contained in Section 8 hereinProduct after delivery by Seller is the responsibility of the Buyer, and Buyer acknowledges that Seller will not accept claims for damage that occurs during transportation or at any time after departure from Seller's dock has occurred. Seller hereby warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller Products sold hereunder will be free from of workmanship defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety (90) days from the date of shipment or completion of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees delivery, provided, however, that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Productsdoes not warrant Buyer Furnished Parts. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during of any defect within the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall the defective Product must be at received back by Seller within twenty (20) business days of receiving the notification. Seller's obligation and Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis 's sole remedy under this warranty clause shall be borne by Buyer unless accepted in writing by is limited, at Seller's election, to repair or replacement. Goods All Products repaired and parts or replaced by Seller during the warranty period shall be in warranty are warranted only for the remainder unexpired portion of the original warranty period period. Seller will not be liable under this warranty for: (1) maintenance, repair, installation, handling, packaging, transportation, storage, operation or ninety use of Products which is improper or otherwise not in compliance with Buyer's instructions or specifications; (902) days from the replacement dateProduct alteration, whichever is longer. This limited modification, or repair by anyone other than Buyer or those specifically authorized by Buyer; (3) accident, contamination, foreign object damage, abuse, neglect, improper operation or negligence after Product delivery to Buyer; (4) damage caused by failure of a Seller supplied Product not under warranty is the only warranty made or by any other hardware or software not supplied by Seller. Buyer’s sole ; or (5) normal wear and exclusive remedy tear and Seller’s sole the need for regular overhaul and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) hereinperiodic maintenance. THE FOREGOING LIMITED WARRANTIES SET OUT ABOVE AND THE OBLIGATIONS OF SELLER THEREUNDER, ARE EXPRESSLY IN LIEU OF, AND BUYER HEREBY WAIVES AND RELEASES SELLER FROM, ANY AND ALL OTHER WARRANTIES, AGREEMENTS, INDEMNITIES, GUARANTEES, CONDITIONS, OBLIGATIONS, REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KINDLIABILITIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITYARISING BY LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. NO AGREEMENT OR UNDERSTANDING VARYING, ALTERING, OR EXTENDING SELLER'S LIABILITY HEREUNDER WILL BE BINDING ON SELLER UNLESS IN WRITING AND SIGNED BY SELLER'S DULY AUTHORIZED REPRESENTATIVE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. THE FOREGOING WARRANTIES DO NOT APPLY TO ENGINES, AUXILIARY POWER UNITS, LANDING GEAR NEW SURPLUS AND/OR AS-REMOVED PARTS AND THE SAME ARE DELIVERED AND SOLD TO BUYER SUBJECT TO EACH DISCLAIMER SET FORTH IN THIS LIMITED WARRANTY SECTION. IN NO EVENT SHALL SELLER'S LIABILITY UNDER ANY WARRANTY EXCEED THE PRICE (EXCLUSIVE OF TAXES AND OTHER MATTER WITH RESPECT TO ANY CHARGES) OF THE GOODS OR SERVICESPRODUCT SOLD TO BUYER.

Appears in 1 contract

Samples: Terms and Conditions of Sale (Lift Aircraft Inc.)

Limited Warranty. (a) Subject to the limitations contained in Section 8 herein, Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller will be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety (90) days from the date of shipment or completion of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(athese Terms & Conditions, Seller warrants (1) hereinits goods sold new shall be free from defects in workmanship or material for one (1) year from delivery; and (2) leased goods to be in good condition upon delivery, and (3) and repairs on goods to be free from defects in workmanship or material for six (6) months from delivery (but only as to the material or component repaired by Seller). THE Seller’s sole and exclusive liability for breach of this warranty is expressly limited to, at Seller’s sole option, the repair or replacement, FOB Seller's facility or on location, of the good which proves to be defective during the warranty period. Buyer shall pay for repairs or damage to equipment caused by Buyer and all freight charges and mileage. (b) Seller does not guarantee the results of services because of the nature of the work and unpredictable conditions. Seller warrants the services performed hereunder for a period of thirty (30) days. Seller’s liability for breach of this warranty, and Xxxxx’s sole and exclusive remedy, is expressly limited to, at Seller’s sole option, the re-performance of services which prove to be defective during the warranty period or a refund of the consideration paid for the services. If Buyer fails to make any such warranty claim within thirty (30) days after completion of the services, Buyer hereby waives and releases Seller from any and all claims it may or does have with respect to such services. (c) Goods furnished by Seller but not manufactured by Seller will carry only the warranty of the manufacturer of the product, if any. Seller does not warrant any product not manufactured by Seller, but will use reasonable efforts to assign any manufacturer’s warranty or guarantee to Buyer. (d) These warranties and remedies are conditioned upon: (a) the proper storage, installation, operation, and maintenance of the product, in accordance with the manuals and information provided by or available from Seller or its suppliers or vendors; (b) Buyer keeping accurate records of the operation and maintenance of the product during the warranty period and providing such records to Seller on request; (c) modification or repair of any product only as authorized by Seller, (d) Buyer promptly notifying the Seller of any defect in writing during the warranty period, and (e) Buyer keeping such goods or the results of services in a condition that can be examined by Seller and, upon request by Seller, returning the product to a facility designated by Seller for testing and inspection. Any repaired or replaced good shall have an additional one (1) year warranty from the time the repaired or replaced good is delivered to Buyer but only as to the components or parts repaired or replaced. (e) These warranties shall not apply (i) if the product or result of service had been subject to misuse, negligence, modification, or use other than as specified by Seller, (ii) if Buyer uses the goods with components which are not manufactured or approved by Seller, (iii) if the product does not perform or requires replacement due to normal wear and tear, and (iv) if the designer any part of it was provided by Buyer or Buyer's behalf to Seller. (f) This section provides the exclusive remedy for all claims based upon a failure of or defects in goods or services, whether the failure or defect occurs during the warranty period, and whether a claim is based upon contract, warranty, indemnity, tort, extra-contractual liability (including negligence), strict liability, or otherwise. THESE WARRANTIES ARE EXCLUSIVE AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR IN LIEU OF ANY OTHER WARRANTIES OF ANY KINDTEND, EXPRESS OR WRITTEN, ORAL, IMPLIED, AS TO MERCHANTABILITYSTATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY COURSE OF THE GOODS PERFORMANCE, COURSE OF DEALING, OR SERVICESUSAGE OF TRADE.

Appears in 1 contract

Samples: Terms and Conditions

Limited Warranty. Subject to the limitations contained in Section 8 6 herein, Seller USAC warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller USAC will be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provideduse. Additionally, the The foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety (90) days from the date of shipment or completion of the ServicesUSAC. Products or materials purchased by Seller USAC from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer The buyer agrees that Seller USAC has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer Xxxxx discovers any warranty defects, Buyer must notify Seller defects and notifies USAC thereof in writing during the applicable warranty period, USAC shall, at its option, correct any errors that are found by USAC in products or materials repair or replace F.C.A. point of manufacture that portion of the products or materials found by USAC to be defective, or refund the purchase price of the defective portion of the products or materials. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources usage or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller USAC are not covered by this limited warranty, warranty and shall be at Buyer’s expense. Seller USAC shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by SellerUSAC. All costs of dismantling, reinstallation and freight and the time and expenses of SellerUSAC’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by the Buyer unless accepted in writing by SellerUSAC. Goods repaired and parts replaced by Seller USAC during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement datedays, whichever is longer. This limited warranty is the only warranty made by SellerUSAC and can be amended only in a writing signed by USAC. Buyer’s sole The warranties and exclusive remedy and Seller’s sole and exclusive obligation remedies set forth above are exclusive. There are no representations or warranties of any kind, express or implied, as to merchantability, fitness for a breach particular purpose or any other matter with respect to any of any warranty shall be for Seller to re-perform the Services, repair goods or replace the Goods, subject to the limitations set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICESservices.

Appears in 1 contract

Samples: Terms and Conditions of Sale

Limited Warranty. Subject 7.1 NEW FULL ASSEMBLY LIMITED WARRANTY. PT Tech warrants that, on the Shipment Date, all Full Assemblies (a) will conform to any specifications explicitly identified on the limitations contained face of PT Tech’s quotation or acknowledgement or set forth explicitly in Section 8 hereinanother document that is a part of the Agreement, Seller and (b) will be free of defects in material and workmanship that would be discovered by following PT Tech’s standards of manufacture and inspection at the time of manufacture. Full Assemblies shall be defined as complete clutch / brake / torque limiter units as the first install of a product. The Full Assembly limited warranty will remain in effect for a period of 12 months commencing with the Full Assembly’s date of shipment or 1,000 hours, whichever occurs first. 7.2 KITS LIMITED WARRANTY. PT Tech warrants that all Kits, on the Shipment Date, will be free of defects in material and workmanship that would be discovered by following PT Tech’s standards of manufacture and inspection at the time of manufacture. Kits shall be defined as a compilation of several components that make up a portion of the Full Assemblies. The Kits limited warranty will remain in effect for a period of 6 months commencing with the Kit’s date of shipment or 500 hours, whichever occurs first. PT Tech warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller will be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment in a good and instrumentation for workmanlike manner in accordance with any specifications explicitly identified on the particular Service provided. Additionally, the foregoing warranties will apply until the expiration face of PT Tech’s quotation or acknowledgement or set forth explicitly in another document that is part of the applicable Agreement. 7.3 THE FOREGOING LIMITED WARRANTIES IS IN LIEU OF, AND PT TECH DISCLAIMS, ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WARRANTIES OF DESIGN, PERFORMANCE OR PRODUCT LIFE, WARRANTIES OF COMPLIANCE WITH BUYER’S QUALITY MANUALS, QUALITY POLICIES, INSPECTION PROTOCOLS AND OTHER POLICIES AND REQUIREMENTS, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The limited warranty period. Goods are warranted for will be void upon any action inconsistent with the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety (90) days from the date of shipment or completion proper use and handling of the Products, Service Items or other results of Services. Products purchased by Seller from a third party for resale to Buyer , including (“Resale Products”a) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers improper handling, transportation, storage, adjustment, modification or repair (including any warranty defectsmodification, Buyer must notify Seller thereof in writing addition, or repair made during the applicable warranty period. All replacements or repairs necessitated period by inadequate maintenanceanyone other than PT Tech), normal wear and usage, unsuitable power sources or environmental conditions, (b) accident, misuseabuse or improper use (including loading beyond the specified maximum), and (c) improper selection, sizing, alignment, installation, modificationlubrication, repair, protection or maintenance. PT Tech does not warrant that the operation or use by Buyer of unauthorized replacement parts, storage the Products or handlingServices in its applications will comply with the requirements of any safety code or regulation, or with any environmental or other law or regulation. HPTO-SPECIFIC STANDARD LIMITED WARRANTY: The HPTO-Specific Standard Limited Warranty provides the same warranty coverage set forth above in the Standard Limited Warranty, however contains the following additional terms and conditions. Machine Commissioning: PT Tech permits its customers to submit machine commissioning documents within the 12 month standard limited warranty period, or 1000 machine hours, whichever comes first. PT Tech must receive the commissioning document within 30 days of machine commissioning which shall not exceed 200 hours. Upon review, PT Tech will then extend the warranty time frame for another 12-month period, not to exceed 24 months total. This warranty is transferable between owners but not transferable to different machines. If any of the sensors which are part of the control system are found to be tampered with, disabled or not properly maintained, this warranty shall be void. PT Tech will require controller log downloads as well as maintenance records for HPTO warranty claims. PT Tech may request the HPTO controller to accompany any HPTO warranty claim. Warranties are available only on machines that meet (and are recorded at PT Tech) and are approved applications by PT Tech. Notwithstanding any other cause provision, PT Tech is not responsible under the fault warranties for defects caused by: a failure to follow the instructions in the Documentation, (i.e., Installation & Maintenance; Design Integration Manual); or modifications or alterations made to the Product(s) after the delivery without the prior consent of Seller PT Tech. If defective GOODS are not covered repaired or replaced by this limited warrantyPT Tech, and shall that part is warrantied until the expiration date of the original part that it replaced. Any warranty consideration to be evaluated at PT Tech's facilities will be shipped at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon cost in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Selleraccordance with PT Tech’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Return Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICESAuthorization.

Appears in 1 contract

Samples: Terms and Conditions of Sale

Limited Warranty. Subject to the limitations contained in Section 8 herein, Seller warrants to Buyer that for a period of 3 years from the licensed firmware embodied in date of delivery of the Goods will execute the programming instructions provided by Seller("Warranty Period"), and that the such Goods manufactured by Seller will be free from defects in materials or workmanship under normal use material and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service providedworkmanship. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety (90) days from the date of shipment or completion of the Services. Products purchased by Seller from a third party for resale warrants to Buyer (“Resale Products”) that it shall carry only perform the warranty extended Services using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services. Seller may provide recommendations based on benchmark data provided by Buyer or the original manufacturerindustry at large. Buyer agrees Such recommendations are not meant to substitute load calculations or other engineering analysis that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Productsmight be required. If Buyer discovers any warranty defectsIn addition, Buyer must notify Seller thereof is responsible for confirming structural, electrical and plumbing requirements to support any equipment recommendations unless specified in writing during the applicable warranty periodProposal. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. The Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation liable for a breach of any the warranty set forth in this Section 7 if: (i) the defect arises because Buyer failed to follow Seller's oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods; or (ii) Buyer alters or repairs such Goods without the prior written consent of Seller. Buyer shall be for permit Seller to inspect any claim of breach of warranty. In the event that Buyer determines any deficiency is the result of any circumstance, cause or event that does not constitute a breach of warranty by Seller, Buyer shall compensate Seller for the cost of all inspection efforts, including an hourly reimbursement of labor and travel expenses, with a minimum charge of at least $1,750. In the event of any breach of warranty, Seller shall, in its sole discretion, either: (i) repair or replace such Goods (or the defective part) or, if applicable, repair or re-perform the Services, repair applicable Services or replace (ii) credit or refund the Goods, subject to price of such Goods or Services at the limitations set forth in Section 8(a) hereinpro rata contract rate. THE WARRANTIES AND REMEDIES SET FORTH ABOVE IN HEREIN ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF THE BUYER'S SOLE AND EXCLUSIVE REMEDIES AND CONSTITUTE SELLER'S ENTIRE LIABILITY FOR ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY BREACH OF THE GOODS OR SERVICESWARRANTIES SET FORTH IN THIS SECTION 7.

Appears in 1 contract

Samples: Terms and Conditions of Sale

Limited Warranty. Subject to the limitations contained in Section 8 herein, Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller will be its products are free from defects in materials or material and workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration a period of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months one year from the date of initial installation delivery, except that Seller explicitly makes no warranties as to products or eighteen (18) months from the date of shipment materials manufactured by Sellerothers. Services are warranted for a period of ninety (90) days from the date of shipment or completion of the Services. Products purchased As to products manufactured by Seller from a third party for resale to Buyer (“Resale Products”) others, Purchaser's sole remedy shall carry only the warranty extended be under warranty, if any, made by the original manufacturer. Buyer agrees This limited warranty is nontransferable or assignable. It is the Purchaser’s responsibility to notify Seller in writing at xxxx@xxxxxxxxxxxxxxx.xxx (email) or mailed overnight mail with tracking to Atlas Greenhouse, Attn: Xxxx Xxxxxx, P.O. Box 558, Alapaha, GA 31622 within ten (10) calendar days of the occurrence of any claim, defect, or deficiency arising out of materials provided by Seller under the Agreement. Failure of the Purchaser to provide written notice of the occurrence will result in the Purchaser waiving all claims that may be brought against Seller has no liability for Resale Products beyond making because of or relating to the occurrence, including claims arising in law, equity, contract, warranty, tort, or federal or state statutory claims. Upon receiving notice, Seller will within a reasonable commercial effort to time inspect the Materials, and if the cause of the defect is within the coverage as stated above, the Seller will arrange for procurement and shipping repairs/replacements to be made. If the cause of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are damage is not covered by this limited the warranty, Seller will notify Purchaser that the damage is not covered, and Seller shall not be liable to Purchaser for the cost of repairs or damage. Purchaser's remedies hereunder are limited to the repair and/or replacement of goods manufactured by Seller as provided herein. Any warranty provided by Seller shall be void if Purchaser fails to pay for any materials ordered pursuant to the Agreement. The obligations of Seller herein are in lieu of all others, and Seller makes no other warranties, express or implied, including, without limitation, any warranties of merchantability or fitness, for any purpose. Under no circumstances shall Seller be liable for any special or consequential damages, even if Seller has been notified of the possibility the same. Purchaser shall hold and protect all products for which Purchaser has given notice, as stated above, until Purchaser is specifically instructed to do otherwise by Seller. While such products are under Purchaser's protection, Purchaser shall be liable for all damages to said products. Non-code or non-certified structures acquired by the Purchaser are done so at Buyer’s expensethe Purchaser's own risk. Purchaser shall indemnify Seller from any liabilities or costs including attorneys’ fees for structural failure or any legal action taken by governing agencies for nonconformance. The structure set forth in this proposal is designed with the understanding that the interior may be cooled and/or heated. If the structure set forth in this proposal is structurally certified by a licensed structural engineer, the certification is based on figures for a continuously heated greenhouse. The Purchaser understands that it is required to regulate the inside temperatures to avoid excessive snow loads. Purchaser understands that the cost of structural certification not requested at time of purchase but requested after Purchaser received structure and signed delivery receipt will be charged to Purchaser. In addition, any components (additional trusses, purlins, spacings, braces, etc.) necessary to meet the required certification will be charged to the Purchaser. Purchaser is responsible for informing Seller of required loads for the county in which the structure is to be located. Seller shall not be obligated to pay responsible for any costs damages, direct or charges incurred by Buyer consequential, whether or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantlingnot the structure contains growing plants, reinstallation and freight and which shall result either from: (a) the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder failure of the original warranty period Purchaser to always regulate inside temperatures, or ninety (90in the event the Purchaser is responsible hereunder for installing environmental control equipment), (b) days from the replacement date, whichever is longer. This limited warranty is failure of the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach Purchaser to complete timely installation of any warranty shall be for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICESsaid equipment.

Appears in 1 contract

Samples: Purchase Agreement

Limited Warranty. Subject to Cummins shall perform the limitations contained Services in Section 8 herein, Seller warrants that a reasonable and workmanlike manner. Parts and components purchased or supplied under this Agreement are governed by the licensed firmware embodied in the Goods will execute the programming instructions express written manufacturers’ warranty. No other warranty for parts or components supplied during Services provided by Seller, and that the Goods manufactured by Seller will under this Agreement is provided under this Agreement. All Services shall be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety (90) days from after completion of Services. In the date event of shipment or completion a warrantable defect in workmanship of Services supplied under this Agreement (“Warrantable Defect”), Cummins’ obligation shall be solely limited to correcting the Warrantable Defect. Cummins shall correct the Warrantable Defect where (i) such Warrantable Defect becomes apparent to Customer during the warranty period; (ii) Cummins receives written notice of the Warrantable Defect within thirty (30) days following discovery by Customer; and (iii) Cummins has determined that there is a Warrantable Defect. Warrantable Defects remedied under this provision shall be subject to the remaining warranty period of the original warranty of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing New parts supplied during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use remedy of unauthorized replacement parts, storage or handling, or any other cause not Warrantable Defects are warranted for the fault balance of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of still available from the original warranty period or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) hereinofsuch parts. THE REMEDIES PROVIDED IN THIS LIMITED WARRANTY AND THIS AGREEMENT ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY CUMMINS AND CUMMINS INC. TO THE CUSTOMER UNDER THIS AGREEMENT. EXCEPT AS SET FORTH ABOVE ARE EXCLUSIVEOUT IN THIS LIMITED WARRANTY AND THIS AGREEMENT, AND TO THE EXTENT PERMITTED BY LAW, CUMMINS AND CUMMINS INC. THERE ARE NO REPRESENTATIONS OR WARRANTIES EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS, WARRANTIES, ENDORSEMENTS, AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE OR NON-INFRINGEMENT AND ANY STATUTORY OR COMMON LAW IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF FITNESS FOR A PURPOSE, SUITABILITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE MERCHANTABLE QUALITY, SATISFACTORY QUALITY, DURABILITY, OR ANY OTHER MATTER WITH RESPECT TO ANY ARISING FROM A COURSE OF THE GOODS DEALING OR SERVICESUSAGE OF TRADE.

Appears in 1 contract

Samples: Planned Maintenance Agreement

Limited Warranty. Subject to the limitations contained in Section 8 herein, Seller warrants that the licensed firmware embodied its Products furnished under this Agreement will conform to and perform in the Goods will execute the programming instructions provided by accordance with Seller, and that the Goods manufactured by Seller will be free from defects ’s published specifications for such Products as in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from effect on the date of shipment by Seller. Services are warranted (within the deviations specified therein) for a period of ninety (90) days from the date of shipment shipment. Seller’s liability and Buyer’s sole remedy under this warranty is limited to repair or completion replacement of items determined by Seller to be defective or, at Seller’s sole option, refund of the Servicespurchase price paid Seller for such items. Products purchased Seller shall have no liability under this warranty unless Seller is notified in writing promptly upon Buyer’s discovery of the defect and the defective items are returned to Seller, freight prepaid, and received by Seller from a third party for resale to Buyer not later than ten (“Resale Products”10) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping days after expiration of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements This warranty shall not apply to any defect or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misusefailure to perform resulting from misapplication, improper installation, modificationimproper operation, repairabuse or contamination, use of unauthorized replacement parts, storage whether internal or handling, or any other cause not the fault of Seller are not covered by this limited warrantyexternal, and Seller shall be at have no liability of any kind for failure of any equipment or other items in which the products are incorporated. This warranty shall not apply to products manufactured by Seller to Buyer’s expensedesigns or specifications, and no warranty is given as to such products. Seller shall not warrants to Buyer that services provided hereunder will be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon performed in writing in advance by Sellera reasonable, workmanlike manner. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis Seller will have no liability under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder is given written notice of the original warranty period or claimed breach and a description thereof within ninety (90) days from after the replacement date, whichever service is longerrendered. This limited warranty is the only warranty made by Seller. ’s entire liability and Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any under this warranty shall be for Seller to re-perform the Services, repair or replace the Goods, subject limited to the limitations set forth in Section 8(a) hereinprovision of such remedial or replacement services as Seller reasonably determines necessary to correct the breach. THE WARRANTIES FOREGOING WARRANTY PROVISIONS ARE EXCLUSIVE AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES GIVEN AND ACCEPTED IN LIEU OF ANY KINDAND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICESPURPOSE. Remedies of Buyer for any breach of warranty are limited to those provided herein to the exclusion of all other remedies, including, without limitation, incidental or consequential damages. No warranty or agreement varying or extending the foregoing warranty and limitation of remedy provisions is authorized by Seller and may not be relied upon unless in writing and signed by the President or a Vice President of Seller. No representation or affirmation of Seller, whether by words or action, shall be construed as a warranty. If any model or sample was shown to Buyer, such model or sample was used merely to illustrate the general type and quality of the products and not to represent that the products would necessarily conform to the model or sample.

Appears in 1 contract

Samples: Supply Agreement

Limited Warranty. Subject Seller warrants, for period of (one year) from the date of delivery to Buyer (the limitations contained in Section 8 herein, Seller warrants “Warranty Period”) that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller will be goods delivered hereunder are free from defects in materials or workmanship material and workmanship, excluding finish, under normal conditions of use and care service, subject to: tolerances and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration variations consistent with usages of the applicable trade and regular practices concerning dimension, weight, straightness, section, composition and mechanical properties; normal variations in surface, internal conditions and quality; and deviations from tolerances and variations consistent with practical testing and inspection methods. Seller’s sole obligation under this warranty period. Goods are warranted for shall be, at its option, to either repair or replace the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety (90) days from the date of shipment or completion of the Services. Products purchased by Seller from a third party for resale nonconforming goods without cost to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay repair or replace any costs goods unless Buyer notifies Seller of the defect during the Warranty Period or charges incurred by Buyer if the goods or any part thereof have been misused, abused or damaged (including damages by accident, fire or other party except as may be agreed upon in writing in advance by Seller. All costs of dismantlingcasualty), reinstallation and freight and the time and expenses of used or installed contrary to Seller’s personnel instructions or modified or repaired without Seller’s authorization. The warranty also does not cover defects resulting from corrosion, other components, accident, excessive speed or other abnormal or severe operating conditions. The warranty shall be void if the wheel or rim is altered, modified, or is not used or maintained in the manner in which it was intended for use or designed, or is used for tire size, tire types (run-flat vs. air-filled), inflation pressures, or load ratings in excess of design specifications. Standard warranty applies ONLY to Seller products and representatives warranty is limited to the replacement of any product that proves to be defective with a wheel or rim of like size and type. Seller reserves the right to inspect parts for site travel and diagnosis under which warranty items are filed. Parts for which warranty claims are filed must, upon request, be returned to Seller, with transportation charges pre-paid. Seller is NOT responsible for costs associated with tires, including tire selection, tire mounting, balancing, or dismounting. Repair or replacement pursuant to this warranty clause shall not renew or extend the Warranty Period, but any repaired or replaced goods shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty warranted for the remainder balance of the original warranty period Warranty Period or ninety (90) days from the replacement date90 days, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE SELLER MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KINDKIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO MERCHANTABILITYINCLUDING, WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE CONCERNING ANY PRODUCT. ALL OF THE GUARENTEES, WARRANTIES CONDITIONS AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WHETHER ARISING OUT OF ANY OTHER MATTER STATUTE, LAW , COMMERCIAL USAFE OR OTHERWISE, ARE HEREBY EXCLUDED. TO THE EXTENT SELLER OR SELLER’S REPRESENTATIVES MAY HAVE MADE ORAL OR WRITTEN STATEMENTS OUTSIDE OF THESE TERMS AND CONDITIONS WHICH MAY BE CONSTRUED AS WARRANTIES, SELLER HEREBY EXPRESSLY DISCLAIMS SUCH STATEMENTS, AND BUYER ACKNOWLEDGES THAT BUYER MAY NOT RELY ON SUCH STATEMENTS. WHILE SELLER AND ITS REPRESENTATIVES MAY, FROM TIME TO TIME, OFFER RECOMMENDATIONS AND ADVICE WITH RESPECT TO ANY USE OF THE GOODS OR SERVICESPRODUCTS IT IS UNDERSTOOD THAT ANY SUCH RECOMMENDATIONS AND ADVICE ARE NOT WARRANTIES BY SELLER AND BUYER WILL ACT UPON ANY SUCH RECOMMENDATIONS AND ADVICE AT BUYER’S SOLE RISK.

Appears in 1 contract

Samples: Sales Contracts

Limited Warranty. 11 (a) Subject to the limitations contained in Section 8 hereinprovisions of paragraph 11(b) below, Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Sellerto Buyer, and only to Buyer, that the Goods manufactured by Seller will be free from defects in materials or workmanship Products ordered hereunder shall conform (within one quarter (1/4) inch) with Buyer’s specifications with respect to length and under normal use and care service shall be free of defects in materials and Services will be performed by trained personnel using proper equipment workmanship, ordinary wear and instrumentation tear excepted, for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier a period of twelve (12) months from after delivery, provided that the date of initial installation or eighteen (18) months from the date of shipment by Products are installed and maintained in strict compliance with Seller’s specifications and recommendations. Services are warranted for a period of ninety (90) days from the date of shipment or completion of the Services. Should any Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warrantywarranty prove defective during the warranty period, Buyer shall notify Seller in writing of such defect promptly, but in no event later than thirty (30) days after discovery, or ten (10) days after the expiration of the warranty period, whichever is first to occur. Seller’s sole obligation, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantlingexclusive remedy, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne limited to the repair or replacement, at Seller’s option, of any Product or component thereof covered by Buyer unless accepted this warranty which proves defective in writing by Seller. Goods repaired and parts replaced by Seller materials of workmanship during the warranty period period; provided, however, that Seller shall have no obligation with respect to any such defect unless Seller is given written notice of the defect in the manner and within the time provided above. If any defective Product or component thereof covered by this warranty requires repair or replacement, Buyer shall obtain a written return authorization from Seller and thereafter deliver the defective Product or component to the Seller’s warehouse as indicated on the front side hereof, or to such other destinations as Seller may specify. No claim against Seller shall be in warranty allowed for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Products returned hereunder without Seller’s sole written authorization. All transportation costs and exclusive obligation for a breach charges incurred in connection with the repair or replacement of any Products or components covered by this warranty shall be for Seller to re-perform the Services, account of the Buyer. The repair or replace the Goods, subject replacement of any Product or component pursuant to the limitations foregoing warranty shall not extend the term of such warranty beyond the warranty period set forth in Section 8(a) hereinabove. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE EXCEPT AS EXPRESSLY PROVIDED IN THIS PARAGRAPH, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS NATURE OR DESCRIPTION, EXPRESSED OR IMPLIED, AS TO MERCHANTABILITYINCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS OF ANY PRODUCTS FOR ANY PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF PURPOSE, AND HEREBY DISCLAIMS THE GOODS OR SERVICES.SAME. Effective date: February 1, 2019

Appears in 1 contract

Samples: Terms and Conditions of Sale

Limited Warranty. Subject to the limitations contained in Section 8 herein, Seller warrants that at time of delivery to the licensed firmware embodied in applicable carrier for shipment to Buyer, the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller Products will be free from material defects in materials workmanship and materials. This limited warranty shall run only to Buyer and may not be assigned by Buyer. Xxxxx further agrees to indemnify and hold harmless Seller against any claims, liabilities, costs, expenses (including reasonable attorneys’ fees) or workmanship under normal use and care and Services will damages relating to any additional or subsequent warranty(ies) granted by Xxxxx to any third-party. Seller’s limited warranty shall be performed by trained personnel using proper equipment and instrumentation valid for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of after shipment by Seller. Services are warranted for a period of ninety (90) days from the date of shipment or completion of the ServicesProducts to Buyer. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable of any warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during claim (a “Nonconformance”) within the warranty period shall be in warranty for and return the remainder Product to Seller within thirty (30) calendar days after such discovery. Upon timely receipt of the original warranty period or ninety (90) days from the replacement datesuch notification and Seller’s determination to its satisfaction after examination that such Product contained a Nonconformance, whichever is longer. This limited warranty is the only warranty made by Seller. ’s sole obligation and Buyer’s sole and exclusive remedy and under this warranty is limited to either repair or replacement of such Product, at Seller’s sole option. All Products repaired or replaced hereunder shall be warranted only for the unexpired portion of the original warranty period. For all purposes hereof, normal wear and exclusive tear shall not constitute a Nonconformance. All warranties relate to the Product at the time of delivery to the carrier for shipment to Buyer. Seller shall not be liable for warranty claims if the Product has been exposed or subjected to: Any maintenance, repair, installation, handling, transportation, storage, operation or use which is improper or otherwise not in compliance with Seller’s instructions or applicable government regulation or law; Any alteration, modification or repair performed by anyone other than Seller or those specifically authorized in writing by Seller; Any accident, contamination, foreign object damage, abuse, neglect or negligence after delivery to the applicable carrier for shipment to Buyer; Any damage precipitated by failure of Product not under warranty or by any product not supplied by Seller; or Any use of counterfeit or replacement parts that are neither manufactured nor approved by Seller for use in Products. Seller’s obligations under this warranty are conditioned upon Buyer’s obligation for a breach to maintain records, which will accurately reflect operating time, and maintenance performed on the Product and establish the nature of any warranty shall be for Seller to re-perform unsatisfactory condition of the Services, repair or replace Product and reasonably establish that such condition existed at the Goods, subject to the limitations set forth in Section 8(a) time provided herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KINDBuyer shall, EXPRESS OR IMPLIEDupon the request of Seller, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICESpromptly delivery to Seller copies of such records as necessary to substantiate any warranty claims.

Appears in 1 contract

Samples: Terms and Conditions of Sale

Limited Warranty. Subject As its limited and exclusive warranty to the limitations contained in Section 8 hereinBuyer, Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions goods manufactured and services provided by SellerSeller pursuant to this Agreement to be of the kind and quality described in this Agreement, and that the Goods manufactured by Seller will be free from of parts or labor defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration a period of the applicable warranty period. Goods are warranted for the earlier of twelve one (121) months year from the date of initial installation delivery. Should Seller be notified, in writing, of failure to conform to this warranty within one (1) year of delivery of the goods to Buyer, Seller shall correct such conformity at Seller’s option, by repair or eighteen (18) months replacement of the defective item, FOB Seller’s plant. Buyer may also receive a warranty from the date original manufacturer of shipment certain products provided by Seller. Services are warranted for a period of ninety (90) days from the date of shipment or completion of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only hereby acknowledges that Xxxxx has received the warranty extended policies and procedures for such manufacturer’s warranty, and Xxxxx agrees to enforce all original manufacturer’s warranties directly against that manufacturer and not against Seller. Buyer further acknowledges that the validity and enforceability of any manufacturer’s warranties may be expressly conditioned upon Buyer obtaining preventative maintenance of those products through service providers authorized by the original manufacturer. Buyer In no event shall Seller be responsible for providing, or for the expense of providing, working access to Buyer’s goods, for the removal and disassembly for service, re-assembly and re- installation, or for warranty work, or for alteration or removal of any structure or other equipment for such purposes, or for transportation costs or expenses in connection with warranty work hereunder. Xxxxx agrees that Seller has no liability to assume and pay for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Productsall such expenses. All warranty work hereunder shall be on single shift, straight time. If Buyer discovers requests overtime work to complete warranty service, then Xxxxx agrees to pay for all such overtime costs. The warranty period provided above shall be shortened only for any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use components of unauthorized replacement parts, storage or handlingBuyer’s goods, or for goods serviced, that have an industry recognized, inherently shorter life than one (1) year. A reasonable effort will be made to identify such components or goods in this Agreement, under special terms, or by written notice during service, or no later than by written notice on or with Seller’s final E-Commerce transaction. The limitation of liability contained in this section shall be effective without regard to Seller’s performance or failure or delay of performance under any other cause term or condition of this Agreement, including those contained in any warranty. In any case where Seller is supplying only design and components and is not responsible for erection of the fault equipment, all costs related to the assembly and erection of Seller are not covered by this limited warrantythe equipment in the field shall be deemed special, indirect, incidental or consequential and shall in no case be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by the responsibility of the Seller. All costs of dismantlingExcept for personal injury caused by Xxxxxx’s gross negligence or willful misconduct, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis cumulative liability under this warranty clause shall be borne by Agreement will not exceed the aggregate amount paid to Seller under this Agreement, even if a term of this Agreement fails of its essential purpose. The remedies of Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations specifically set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICESthis Agreement constitute Buyer’s exclusive remedies for the breaches by Seller to which they relate.

Appears in 1 contract

Samples: E Commerce Terms and Conditions

Limited Warranty. Subject Seller provides a limited warranty for goods shipped pursuant to an order. Seller’s warranty terms are set forth in a separate warranty certificate available upon request. Seller’s warranty will be void if full payment for the goods is not received within the agreed upon terms of sale. Any verbal representations intended to modify any existing warranty shall be invalid and unenforceable against Seller. EXCEPT FOR THE EXPRESS WARRANTY DESCRIBED ABOVE, THERE ARE NO EXPRESS OR IMPLIED WARRANTIES AND THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE GOODS OR ANY PART OF COMPONENT THEREOF AND NO WARRANTY SHALL BE IMPLIED BY OPERATION OF LAW OR OTHERWISE. Seller's liability on all claims of any kind, whether based on contract, indemnity, warranty, tort (including negligence), strict liability or otherwise, for all losses or damages arising out of, connected with, or resulting from the Goods or the Contract between Seller and Buyer, will in no case exceed the price allocable to the limitations specific Good that gives rise to the claim. The remedies contained in Section 8 herein, this Warranty constitute the sole recourse of Buyer against Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller will be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety (90) days from the date of shipment or completion of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any of Seller's obligations under this Contract, whether of warranty or otherwise. In no event shall Seller be liable for incidental, consequential, or special damages, including, without limitation, lost revenues, profits, or recall expenses. No variation or change from this Warranty will be binding upon Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth unless made in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICESwriting and signed by an officer of Seller.

Appears in 1 contract

Samples: General Terms and Conditions of Sale

Limited Warranty. Subject Uplink warrants to Dealer that for 12 months following the limitations contained in Section 8 hereindate of purchase, Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller Uplink Devices will be free from of defects in materials and workmanship when installed, operated, maintained, and serviced in strict accordance with Uplink’s and the manufacturer’s requirements. If an Uplink Device fails because of a defect in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for within the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable 12-month warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety (90) days from the date of shipment or completion of the Services. Products purchased by Seller from a third party for resale , Uplink will, at its sole option and at no charge to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the ServicesDealer, repair or replace it or arrange for its repair or replacement. Uplink’s agreement to repair (using new or reconditioned parts) or replace (with an equivalent new or reconditioned device) an Uplink Device found to be defective in materials or workmanship is Dealer’s exclusive remedy; this remedy will not be deemed to have failed of its essential purpose so long as Uplink is willing and able to repair or replace a defective Uplink Device as provided above or, at its sole option, to refund the Goods, subject to the limitations set forth purchase price paid. Any returns hereunder must be made in Section 8(a) hereinaccordance with Uplink’s prescribed RMA process. THE WARRANTIES AND REMEDIES WARRANTY SET FORTH ABOVE ARE EXCLUSIVEIN THIS SECTION IS LIMITED AND IS THE ONLY WARRANTY OFFERED UNDER THIS AGREEMENT. THERE ARE UPLINK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KINDOTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITYINCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, NON-INFRINGEMENT, AND NON- OBSOLESCENCE. THE WARRANTY SET FORTH IN THIS SECTION FURTHERMORE DOES NOT COVER UPLINK DEVICES THAT (A) HAVE BEEN IMPROPERLY INSTALLED, MAINTAINED, OR ANY OTHER MATTER WITH RESPECT SERVICED; (B) HAVE BEEN ABUSED OR TAMPERED WITH; OR (C) HAVE BEEN SUBJECTED TO ANY OPERATING CONDITIONS OUTSIDE OF THE GOODS OR SERVICESSPECIFIED PARAMETERS.

Appears in 1 contract

Samples: Uplinkgps Activation Agreement

Limited Warranty. Subject to the limitations contained in Section 8 Limitations or remedies (a) Except as otherwise specified herein, Seller warrants that the licensed firmware embodied in Products commencing after full payment has been received by the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller will : i) To be free from defects in materials or material and workmanship for a period of time specified in the Distribution Agreement and under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation such conditions as specified in Seller’s warranty for the particular Service provided. Additionallyindividual Product, the foregoing warranties will apply or until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from shipment if a warranty for an individual Product is not specified, and ii) To perform in the date of initial installation manner and under the conditions as specified in Seller’s warranty for the individual Product or eighteen until twelve (1812) months from shipment if a warranty for an individual product is not specified. (b) No representative or person is authorized to bind Seller for any obligations or liabilities beyond this warranty in connection with the date sale of shipment by Seller's goods. Services are warranted for a period of ninety (90) days from the date of shipment or completion of the Services. Products purchased by Seller from a third party for resale This warranty is made to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement purchaser only at the original location and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warrantyis non-transferable, and shall may only be at Buyer’s expense. Seller shall not be obligated to pay any costs modified or charges incurred amended by Buyer or any other party except as may be agreed upon in writing in advance a written instrument signed by Seller. All costs of dismantling, reinstallation and freight and the time and expenses a duly authorized officer of Seller’s personnel and representatives for site travel and diagnosis . i) Goods or parts that are replaced or repaired under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty are warranted only for the remainder remaining unexpired portion of the original warranty period applicable to the specified product. ii) Goods or ninety parts that are replaced or repaired under this warranty because of normal wear or use are warranted on a monthly pro rated basis only for the remaining portion of the warranty as credit toward new replacement goods or parts. iii) Third party items are warranted by their manufacturers and are not covered by the PIT Medical Systems GmbH system warranty. (90c) days from These remedies are available only if Buyer notifies Seller in writing promptly upon discovery of the replacement datedefect, whichever is longerand in any event within the warranty period for the individual Product. This limited warranty is Seller’s examination of such goods discloses to Seller’s satisfaction that such defects actually exist and the only warranty made goods have not been (i) repaired, worked on, or altered by Seller. Buyer’s sole and exclusive remedy and persons not authorized by Seller so as, in Seller’s sole judgment, to injure the stability, reliability, or proper operation of such goods; (ii) subject to misuse, negligence or accident; or (iii) connected, installed used or adjusted otherwise than in accordance with the instructions furnished by Seller. (d) All Products not requiring fixed installation which Buyer considers defective shall be returned to Seller’s office as designated on the face hereof transportation costs prepaid and borne by Buyer (unless otherwise provided on the face hereof). The risk of loss of the goods shipped or delivered to Seller’s plant for repair or replacement will be borne by Buyer. (e) If it is found that any Product has been returned without cause and is still serviceable, Buyer will be notified and the Product returned at Buyer’s expense, in addition, a charge for testing and examination may, in Seller’s sole discretion, be made on Products so returned. (f) Notwithstanding the foregoing, in no event will seller be liable for any consequential damages (including but not limited to loss of use or loss of profits) or for any damages suffered by any third party. (g) The foregoing warranty is exclusive obligation and in lieu of all other warranties (except for specific written product performance guarantees) whether written, oral or implied, including any warranty or merchantability or fitness for a breach of any warranty particular purpose, and shall be the buyer’s sole remedy and seller’s sole liability on contract or warranty or otherwise for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICESproduct.

Appears in 1 contract

Samples: Distribution Agreement

Limited Warranty. Subject Seller warrants to the limitations contained in Section 8 hereinoriginal purchaser that its Products, Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Sellerunder normal use, and that the Goods manufactured by Seller will shall be free from defects in materials material or workmanship under normal use workmanship, and care and Services will be performed shall conform substantially to any specifications provided, or agreed to in writing, by trained personnel using proper equipment and instrumentation Seller, for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration a period of the applicable warranty period. Goods are warranted for the earlier of twelve one (121) months year from the date of initial installation or eighteen (18) months from the date of shipment delivery by Seller, provided that the Product has not been tampered with or repaired by any person other than Seller or its authorized agents, and provided further that Purchaser notifies Seller in writing of any such defects within ten (10) days after discovery thereof, and Seller confirms that the Product is defective upon its examination. Seller warrants that any Services are warranted provided by it shall be performed in a workmanlike manner and consistent with industry standards and warrants against defective Services for a period of ninety thirty (9030) days from the date of shipment or following completion of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expenseServices provided. Seller shall not be obligated liable for any damage to pay any costs Product resulting from the misuse or charges incurred negligence or if any alterations or repairs have been made to the Product which have not been performed by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted authorized in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s The sole and exclusive obligation of Seller under this warranty is limited, at Seller's option, to the replacement or reworking of the defective Products or Services or the return of that portion of the purchase price applicable to the defective Products or Services. This warranty does not cover defects, damage, or deterioration due to normal use, wear and tear, or exposure; normal maintenance services; replacement of service items; damage or defect due to misuse, alteration, negligence, or accident; or any Product modified or operated contrary to any instructions or specifications provided by Seller. Any and all performance figures provided by Seller are estimates only and not guarantees and may vary for a breach numerous reasons including, without limitation, the ability of any the operator and actual operating conditions. Seller makes no warranty with respect to goods, parts, accessories, or peripherals not manufactured by it which shall be for Seller subject only to re-perform whatever warranty may be issued by the Servicesmanufacturer thereof. No person, repair agent, distributor, dealer, or replace company is authorized to change, modify, or amend the Goods, subject to the limitations set forth terms of this limited warranty in Section 8(a) hereinany manner. THE ABOVE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES GIVEN IN LIEU OF ANY KINDOTHER REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AS TO MERCHANTABILITYAND INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE PURPOSE. 9. Limitation of Liabilities. THE SOLE AND EXCLUSIVE REMEDIES OF PURCHASER SHALL BE THOSE SPECIFICALLY SET FORTH IN THE WARRANTIES SECTION HEREOF. SELLER'S MAXIMUM LIABILITY FOR ANY AND ALL CLAIMS ARISING DIRECTLY OR INDIRECTLY FROM THE PERFORMANCE OF ITS OBLIGATIONS HEREUNDER SHALL NOT IN THE AGGREGATE EXCEED THE PURCHASE PRICE OF THE PRODUCTS OR SERVICES INVOLVED. UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE TO PURCHASER OR ANY THIRD PARTY FOR LOSS OF BUSINESS OR PROFIT OR ANY OTHER MATTER WITH RESPECT TO ECONOMIC LOSS, OR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES. THE FOREGOING CONSTITUTES THE SOLE LIABILITY OF SELLER AND THE GOODS EXCLUSIVE REMEDY OF PURCHASER WHETHER OR SERVICESNOT BASED UPON NEGLIGENCE, BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, TORT, OR ANY OTHER COURSE OF ACTION. NO CLAIM AGAINST SELLER FOR ANY DEFECT IN THE PRODUCTS OR SERVICES SHALL BE VALID OR ENFORCEABLE UNLESS PURCHASER'S WRITTEN NOTICE THEREOF IS RECEIVED BY SELLER WITHIN ONE YEAR FROM THE DATE OF SHIPMENT OR PERFORMANCE.

Appears in 1 contract

Samples: Terms and Conditions of Sale

AutoNDA by SimpleDocs

Limited Warranty. Subject to the limitations contained A. Any goods, or part thereof, covered hereby which, under normal operating conditions prove defective and commercially unacceptable in Section 8 hereinmaterial or workmanship, Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided as determined by Seller's inspection, and that the Goods manufactured by Seller will be free from defects in materials within (i) ninety (90) days for tool products, or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation (ii) one (1) year for the particular Service provided. Additionallyturret products, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller, will be repaired or replaced at Seller's option without charge, provided Buyer provides Seller with prompt notice of the defect and establishes that the goods are not subjected to misuse, disrepair, negligence or accident, and are properly installed, maintained and operated within the limits of rated and normal usage and in accordance with Seller’s recommended maintenance and operating instructions. B. This warranty does not extend to any goods, or parts thereof, with a replaceable order size less than $500 or which are deemed perishable by Seller, or to goods, or parts thereof, not manufactured by Seller or which are covered by another manufacturer's warranty. C. Unless expressly contained herein, no oral or written statements of Seller regarding the subject matter hereof, other than those of officers of Seller duly authorized in writing, shall a) be considered a part hereof or of any subsequent contract between Buyer and Seller, b) be considered warranties, or c) be relied upon by Buyer. Services All the terms hereof are warranted embodied herein and this is a complete and exclusive statement of the terms of this Contract. No representative of Seller, other than officers of Seller duly authorized in writing, has authority to vary the terms of this Contract or to bind Seller to a contract for a period the supply of ninety the goods described herein which varies in any way from the express written terms hereof. D. All parts replaced pursuant to this warranty must be returned to Seller within fifteen (9015) days from the date of shipment after they are replaced or completion of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall charge Buyer the full price, therefore. E. The cost of all servicing not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon provided for in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for charged to Buyer by Seller to re-perform the Servicesat a per diem rate per person per work day, repair or replace the Goods, subject to the limitations set forth in Section 8(a) herein. plus transportation. F. THE WARRANTIES FOREGOING WARRANTY IS EXCLUSIVE AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES SHALL BE IN LIEU OF ANY KINDALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITYINCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTBILITY, NONINFRINGEMENT AND TITLE OR FITNESS FOR PARTICULAR PURPOSE A PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR ANY OTHER MATTER WITH RESPECT TO ANY USAGE OF THE GOODS OR SERVICESTRADE.

Appears in 1 contract

Samples: Terms and Conditions of Sale

Limited Warranty. Subject to the limitations contained in Section 8 herein, Seller (a) SELLER warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller products delivered pursuant to these Terms will be free from of defects in materials or workmanship under normal use material and care and Services will be performed workmanship. The warranty period starts with dispatch Free Carrier (FCAINCO-TERMS ® 2010). If not agreed different by trained personnel using proper single sales contract, SELLER ́s equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are within systems is warranted for a period of ninety 12 month from commissioning date, but no longer than 24 month after (90c) days from the Warranty claims for spare parts (except consumption material) become invalid 6 months after date of shipment or completion dispatch Free Carrier(FCAINCOTERMS®2010),for gyro spheres 12 months after date of dispatch Free Carrier(FCAINCOTERMS®2010). Lamps, fuses, paper, cartridges, ribbons, disks drive belts, magnetrons are considered consumables and are explicitly excluded from this warranty. Furthermore SELLER assumes no responsibility for faults on installation, calibrations, settings, maintenance and sea trials not conducted by SELLER. (d) The warranty period for repair services rendered outside and not being part of any warranty claim shall be 12 months as of acceptance of the Servicesdelivered repair service. 6.2 SELLER ́s warranty obligation is restricted to the repair or, at SELLER ́s option, exchange of a defective product manufactured by SELLER or a company affiliated with SELLER. For third party products SELLER only accepts the warranty on the product itself; upon request SELLER will as-sign its warranty claims against such third party to BUYER. 6.3 At SELLER ́s request, BUYER shall return at its cost defective products under warranty or parts thereof to SELLER. For the return BUYER shall use SELLER ́s Return Material Authorization Form (“RMA”).RMA shall be provided by SELLER. Products purchased returned without an RMA will not be accepted by Seller from a third party for resale SELLER and returned to Buyer (“Resale Products”) shall carry only BUYER. To the warranty extended by the original manufacturer. Buyer agrees extent that Seller has no SELLER accepts liability for Resale Products beyond making a reasonable commercial effort defect, SELLER shall bear the costs of material and wages. In case BUYER requests that defects are repaired at a location determined by BUYER, SELLER can comply with such request; SELLER will then charge travel cost, absence compensation and, if applicable, overtime surcharge, but shall not charge for the cost of spare parts and time spent on the repair (standard-time; no overtime). Waiting time, weekend or night surcharges are not covered under warranty. SELLER shall obtain title to arrange parts which have been replaced Spare parts are warranted parts only. 6.4 SELLER ́s warranty obligation ends in the event that defective products are repaired or otherwise worked on without SELLER ́s prior consent. SELLER does not accept liability for procurement and shipping of the Resale Products. If Buyer discovers any warranty defectsdefects which can be traced back to incorrect assembly or start-up by BUYER, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenanceincorrect treatment, normal excessive usage, natural wear and usagetear, unsuitable power sources or environmental conditionslack of servicing, accident, misuse, improper installation, modification, repairin particular non-compliance with operating and servicing instructions, use of unauthorized inadequate materials, unusual operating conditions -in particular, chemical, electro-chemical or electrical impact -or similar causes. 6.5 Repairs and replacements under warranty for the originally purchased products and services do not extend the warranty period for the original productor service. 6.6 BUYER is only entitled to repair defects himself or by third parties in case of an imminent safety hazard and in order to prevent disproportionately large damage. SELLER shall only compensate BUYER for the necessary cost incurred for such purposes if BUYER has informed SELLER of such measures immediately in writing and if SELLER has not recommended other acceptable measures. 6.7 BUYER shall grant SELLER the time and opportunity required for repair and replacement partsas well as auxiliary personnel, storage or handling, or any other cause not the fault free of Seller are not covered by this limited warranty, and charge. Otherwise SELLER shall be relieved from any warranty obligations regarding the specific claim. The return of a repaired or replaced product from SELLER to BUYER shall be made as per Article 6.8 In case SELLER fails to repair or replace a defective product and does not meet an adequate period of grace granted by XXXXX, BUYER can request that the price for the defective product be reduced or that the Contract can be terminated. 6.9 In case a complaint of a defect is unjustified, BUYER shall compensate SELLER for all costs incurred. 6.10 BUYER shall notify SELLER in writing of obvious defects without delay, but at Buyer’s expense. Seller the latest seven days after delivery, of non-obvious defects without delay after discovery. 6.11 The following provisions apply to software: (a) SELLER warrants that the software delivered to the BUYER corresponds to SELLER ́s program specifications, provided it has been installed in corresponding systems and in accordance with SELLER ́s instructions. (b) SELLER shall not be obligated liable nor shall SELLER provide any warranty for software, interfaces, etc. made available to pay the BUYER which are produced by other manufacturers; Where appropriate SELLER shall transfer to BUYER any costs or charges incurred by Buyer or claims against the manufacturer concerned. Only soft-ware defects which can be reproduced at any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne considered to be defects covered by Buyer unless accepted SELLER ́s warranty obligation. (c) SELLER shall remedy software defects which substantially impair the use in writing by Seller. Goods repaired accordance with the Contract, at SELLER ́s option and parts replaced by Seller during depending on the warranty period shall be in warranty for the remainder extent of the original warranty period defect, either by installation of an improved version of the software or ninety by advice as to how to eliminate such defects or to avoid their effects. (90d) days from SELLER does not warrant that the replacement datesoftware will function without interruption or error, whichever is longer. This limited warranty is that SELLER can eliminate all software defects, and that the only warranty made software will correspond to the BUYER’s requirements and will function without error in each configuration the BUYER selects, unless such configuration has been specified by Seller. Buyer’s sole and SELLER. (e) Claims based on a data loss shall also require that the BUYER has performed a data backup in a machine-readable form at intervals adequate to the application concerned, but not later than at the end of the day on which the software was used, to ensure the restoration of data with a reasonable expenditure. 6.12 The foregoing are the exclusive remedy and Seller’s sole and exclusive obligation for remedies of the BUYER in the event of a breach of any warranty warranty. All implied warranties including the warranties of merchantability and fitness for purpose are excluded to maximum extent permitted by law. Any claims for damages, whether contractual or statutory, shall be for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth and exclusions of liability stipulated in Section 8(a) herein7, in particular claims for compensation for damages not incurred by the product itself (consequential or indirect damages). 6.13 All warranty claims have to be sent to SELLER ́s warranty administrator. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVEDetails are specified in the Warranty Administrative Procedures and also a part of these terms. 6.14 In case of any services directly ordered from a SELLER authorized service partner and for any claims resulting from that utilization and under said order, the BUYER shall first and primarily address said claims to said service partner. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICESThe SELLER shall not be responsible for any dam-ages whichemerge from the aforementioned relationship between the BUYER and the service partner.

Appears in 1 contract

Samples: General Terms of Business

Limited Warranty. Subject Cornerstone warrants, subject to Section 11, that the limitations contained in Section 8 herein, Seller warrants that software programs supplied by Cornerstone and the licensed firmware embodied in the Goods Goods, if any, supplied by Cornerstone, when properly installed, will execute the programming instructions provided by Seller, Cornerstone and that the Goods manufactured or Services provided by Seller Cornerstone will be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods Cornerstone does not guarantee that the software or firmware will be uninterrupted or error free. Goods, including without limitation, the firmware and software, are warranted for the earlier a period of twelve one (121) months year from the date of initial installation operation, but not exceeding 18 months following delivery by Cornerstone, or eighteen (18) months from the date 90 days following implementation of shipment by Sellerany subsequent modifications, updates, revisions and/or additions. With respect to Services, Cornerstone shall exercise, care and technical competence in accordance with generally accepted industry practices, including with respect to engineering Services in accordance with good engineering and/or professional practices. Consumables and Services are warranted for a period of ninety (90) 90 days from the date of shipment or completion of the Services. Products purchased or licensed by Seller Cornerstone from a third party for resale or license to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has Cornerstone shall have no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. Cornerstone will correct any errors that are found if (but only if) Cornerstone is notified by Buyer of their existence within the above-stated period or Cornerstone will refund the purchase price of the defective portion of the Goods or Services. If Cornerstone is called upon by Buyer discovers to correct any warranty defectserror, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated and such error is found to be caused by Buyer’s negligence, modification, inadequate maintenance, normal wear and usage, unsuitable power sources or sources, environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, installation storage or handling, handling or any other cause not inherent in the fault of Seller are not covered Goods or Services as supplied, modified, updated, revised or added to by Cornerstone, this limited warranty, and shall be at Buyer’s expense. Seller warranty shall not be obligated apply and Cornerstone reserves the right to pay any costs or charges incurred by charge Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantlingfor such service at current standard rates for Services, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Sellerplus expenses. Goods repaired and parts replaced by Seller Cornerstone during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement datedays, whichever is longer. This limited warranty is the only warranty made by SellerTHESE WARRANTIES ARE THE EXCLUSIVE WARRANTIES MADE BY CORNERSTONE AND CAN BE AMENDED ONLY BY A WRITTEN INSTRUMENT SIGNED BY AN OFFICER OF CORNERSTONE. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE CORNERSTONE MAKES NO REPRESENTATIONS OTHER REPRESENTATION OR WARRANTIES WARRANTY OF ANY KIND, KIND EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS GOODS, SYSTEM, OR SERVICESPROGRAMS.

Appears in 1 contract

Samples: Standard Terms and Conditions

Limited Warranty. Subject Seller warrants to the limitations contained Buyer that its Products will be free from material defects in Section 8 hereinworkmanship and materials under normal use and service for one year from the date of delivery by Seller (the "Warranty Period"). There is NO WARRANTY in cases of damage in transit, Seller warrants that the licensed firmware embodied in the Goods will execute the programming negligence, abuse, abnormal usage, misuse, accidents, normal wear and tear, damage due to environmental or natural elements, failure to follow Seller's instructions provided or improper installation, storage or maintenance. This warranty does not cover parts furnished but not produced or manufactured by Seller, and Seller's sole obligation with respect to such parts shall be limited to assigning or transferring to Buyer any written warranty extended to Seller by the manufacturer of such parts to the extent such warranty may reasonably be assigned or transferred. However, Seller does not adopt, guarantee or represent that the Goods manufactured manufacturer will comply with any of the terms of the warranty of such manufacturer. Remedy: Seller's sole and exclusive obligation under this warranty (and Xxxxx's sole and exclusive remedy) shall be, upon prompt written notice by Buyer during the warranty period of any breach, to either, at Seller's option, repair or replace without charge, F.O.B. Seller's Facility, any defective Product or part thereof expressly warranted herein by Seller will against defects and found by Seller in its sole discretion to be free from defects in materials defective and covered by this warranty, or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation credit Buyer for the particular Service providedpurchase price paid for such Product or part. AdditionallySELLER SHALL NOT BE LIABLE TO BUYER, OR TO ANYONE CLAIMING UNDER BUYER, FOR ANY OTHER OBLIGATIONS OR LIABILITIES, INCLUDING, BUT NOT LIMITED TO, OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORT OR ANY THEORY OF STRICT LIABILITY, WITH RESPECT TO THE PRODUCTS Any assistance Seller provides to or procures for Buyer outside the foregoing warranties terms, limitations or exclusions of this warranty will apply until the expiration not constitute a waiver of the applicable warranty period. Goods are warranted for the earlier terms, limitations or exclusions of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety (90) days from the date of shipment or completion of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expensenor will such assistance extend or revive the warranty. Seller shall will not be obligated to pay reimburse Buyer for any costs or charges expenses incurred by Buyer in repairing, correcting or replacing any other party defective Products, except as may be agreed upon in writing in advance by for those incurred with Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICES's prior written permission.

Appears in 1 contract

Samples: Terms and Conditions of Sale

Limited Warranty. Subject to the limitations contained in Section 8 herein, Seller warrants that the licensed firmware embodied its Products furnished under this Agreement will conform to and perform in the Goods will execute the programming instructions provided by accordance with Seller, and that the Goods manufactured by Seller will be free from defects ’s published specifications for such Products as in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from effect on the date of shipment by Seller. Services are warranted (within the deviations specified therein) for a period of ninety (90) days from the date of shipment shipment. Seller’s liability and Buyer’s sole remedy under this warranty is limited to repair or completion replacement of items determined by Seller to be defective or, at Seller’s sole option, refund of the Servicespurchase price paid Seller for such items. Products purchased Seller shall have no liability under this warranty unless Seller is notified in writing promptly upon Buyer’s discovery of the defect and the defective items are returned to Seller, freight prepaid, and received by Seller from a third party for resale to Buyer not later than ten (“Resale Products”10) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping days after expiration of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements This warranty shall not apply to any defect or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misusefailure to perform resulting from misapplication, improper installation, modificationimproper operation, repairabuse or contamination, use of unauthorized replacement parts, storage whether internal or handling, or any other cause not the fault of Seller are not covered by this limited warrantyexternal, and Seller shall be at have no liability of any kind for failure of any equipment or other items in which the products are incorporated. This warranty shall not apply to products manufactured by Seller to Buyer’s expensedesigns or specifications, and no warranty is given as to such products. Seller shall not warrants to Buyer that services provided hereunder will be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon performed in writing in advance by Sellera reasonable, workmanlike manner. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis Seller will have no liability under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder is given written notice of the original warranty period or claimed breach and a description thereof within ninety (90) days from after the replacement date, whichever service is longerrendered. This limited warranty is the only warranty made by Seller. ’s entire liability and Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any under this warranty shall be for Seller to re-perform the Services, repair or replace the Goods, subject limited to the limitations set forth provision of such remedial or replacement services as Seller reasonably determines necessary to correct the breach. Remedies of Buyer for any breach of warranty are limited to those provided herein to the exclusion of all other remedies, including, without limitation, incidental or consequential damages. No warranty or agreement varying or extending the foregoing warranty and limitation of remedy provisions is authorized by Seller and may not be relied upon unless in Section 8(a) hereinwriting and signed by the President or a Vice President of Seller. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVENo representation or affirmation of Seller, whether by words or action, shall be construed as a warranty. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KINDIf any model or sample was shown to Buyer, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICESsuch model or sample was used merely to illustrate the general type and quality of the products and not to represent that the products would necessarily conform to the model or sample.

Appears in 1 contract

Samples: Supply Agreement (Cree Inc)

Limited Warranty. Subject to the limitations contained in Section 8 herein, Seller The seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods all products manufactured by Seller it will be free from any defects in materials or material and workmanship for the warranty periods described below under normal use operating conditions when installed in accordance with the seller’s installation instructions, normal wear and care and Services will be performed by trained personnel using proper equipment and instrumentation tear excepted. The purchaser should contact the seller if it is uncertain whether specific parts are covered under warranty for a particular product. The warranty period for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration following products of the applicable Seller are: Vehicle Gates 2 years or 2 million cycles whichever occurs first Revenue equipment (including software) 1 year Pedestrian gates 1 year or 2 million cycles whichever occurs first Loop Detectors 1 year The warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months period shall start from the date of shipment of the product by Sellerthe seller. Services are warranted In no event shall the limited warranty provided hereunder for a period of ninety (90) days any product extend for more than 2 years from the date of shipment or completion of the Servicesproduct was shipped by the seller. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only During the warranty extended by period, the original manufacturerseller will repair or replace at its option, any of its products which have been found to be defective. Buyer agrees that Seller has no liability A Return Material Authorization Number (RMA) must be obtained before product is returned, and products must be shipped freight prepaid to the seller at 0000 Xxxxxxx Xx.; Rockledge, FL 32955. The seller is not responsible for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defectsremoval, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not incidental expenses incurred in shipping the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated product to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longerseller. This limited warranty is extends only to the only warranty made original purchaser of the product from the seller or the seller’s authorized Distributor / Dealer and shall not cover repair, labor or replacement of parts that are by Sellernature expendable. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach No Distributor / Dealer of the seller shall have the authority to bind the seller to any warranty shall be for Seller to re-perform beyond that extended therein. All products of the Services, repair or replace the Goods, seller are subject to design and/or appearance modifications, which are production standards at the limitations set forth in Section 8(a) hereintime of shipment. The seller may, but shall not be required, to, modify or update products shipped prior to a current production standard. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE SELLER OFFERS NO REPRESENTATIONS OR WARRANTIES OF ANY KINDOTHER WARRANTIES, EXPRESS EXPRESSED OR IMPLIED, AS INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER PURPOSE. THE LIMITED WARRANTIES OFFERED HEREIN ARE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO THE PURCHASER. CORRECTION OF DEFECTS, IN THE MANNER AND FOR THE PERIOD OF TIME DESCRIBED HEREIN, SHALL CONSTITUTE THE COMPLETE FULFILLMENT OF ALL LIABILITIES OF THE SELLER TO THE PURCHASER WITH RESPECT TO THE COVERED PRODUCT, AND SHALL CONSTITUTE FULL SATISFACTION OF ALL CLAIMS, WHETHER BASED ON CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. IN NO EVENT SHALL THE SELLER BE LIABLE FOR ANY LOSS OF PROFITS OR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF THE GOODS SELLER’S BREACH OF THIS LIMITED WARRANTY, OR SERVICESARISING OUT OF THE PURCHASER’S INABILITY TO USE THE COVERED PRODUCT, EVEN IF THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, do the above limitation may not apply to a particular purchaser. This limited warranty gives the purchaser specific legal rights. The purchaser may also have other rights, which vary from state to state.

Appears in 1 contract

Samples: Conditions of Sale

Limited Warranty. Subject to the limitations contained in Section 8 hereinTHE FOLLOWING NON-ASSIGNABLE, Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller will be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety (90) days from the date of shipment or completion of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to reNON-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) herein. TRANSFERABLE WARRANTY IS GIVEN TO THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES ORIGINAL BUYER IN LIEU OF ANY KINDALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITYINCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE. SELLER SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INCIDENTAL, CONSEQUENTIAL OR ANY OTHER MATTER WITH RESPECT DAMAGES ARISING FROM OR ON ACCOUNT OF SUCH DEFECTS IN THE WORK, AND THE REMEDIES HEREIN ARE EXPRESSLY AGREED TO ANY OF BE EXCLUSIVE. 5.3 Seller warrants that all work will be performed in a commercially reasonable manner and will meet or exceed industry standards. Seller warrants that all workmanship and materials furnished by it in the construction of the home shall be free from defects for a period of one (1) year from date of Closing or Buyer’s earlier occupancy of the home. Before the expiration of the warranty period, Buyer shall provide Seller with a single written list of any defects in the finished construction of the home so that Seller may correct all such conditions at the end of the warranty period. Seller shall repair such defects within a reasonable period of time thereafter. Notwithstanding the foregoing, Buyer shall not wait until the end of the warranty period, and shall immediately notify Seller of any serious or material defect which Seller shall promptly correct. Accordingly, Seller shall not be responsible for any damage which could have been prevented by timely notice and correction of a defect. 5.4 Upon receipt of notice of a defect substantially affecting the Property, Seller will undertake to make repairs promptly. Damages resulting from failure to notify Seller of a problem within a reasonable time period are not covered under this warranty. Other defects will be repaired within a reasonable period of time. Buyer acknowledges that it is Buyer’s responsibility to provide access to the Property during Seller’s normal working hours (Monday through Friday, 8:00am to 3:00pm, excluding recognized holidays) to make corrections/repairs to any warranted items. 5.5 Seller’s warranty does not extend to any work, materials, or items warranted by third parties, including without limitation, manufacturer’s warranties. Seller’s warranty excludes damage or defect caused by abuse or modifications to the Property not executed by Seller, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. Seller does not warrant against gouges, scratches, dents, etc., that are not recorded on the final walk-through inspection. Seller will not be responsible for fallen trees or consequential damages for fallen trees after Closing. 5.6 Seller will install materials specified in the Agreement, although materials may be substituted with like quality materials, at Seller’s sole discretion due to availability. Where the Agreement does not call for a specific grade or specification, Seller will install materials which are new and conform to industry standards. Seller is not responsible for the suitability, function, or safety of materials or designs specified by Buyer. Seller is not responsible for property damage or other damage caused by chemical, biological or toxic agents or elements that may be part of any building materials utilized in construction unknown to Seller. 5.7 Any warranty claim or any other cause of action arising under the terms of this Agreement, including the warranty, must be filed in a court of competent jurisdiction within four (4) months of the expiration of the warranty. Any unresolved, unasserted or undiscovered claim or cause of action which is not filed within four (4) months from the expiration of this warranty is waived. 5.8 Buyer acknowledges that there are commercially available homeowner warranties that cover many structured mechanical components of the residence. Buyer is advised to obtain said coverage at their own expense, as part of their purchase. 5.9 Manufactured or consumer products such as roofing materials, appliances, hardware, windows, heating and mechanical systems, fixtures, etc. are not separately warranted by Seller. 5.10 ONLY THE GOODS OR SERVICES.FOLLOWING ITEMS ARE WARRANTED:

Appears in 1 contract

Samples: Purchase & Sale Addendum

Limited Warranty. Subject a. Fiber Composites LLC, individually and doing business as Fiberon (“Fiberon”) warrants to the limitations contained original purchaser (“Purchaser”, “you” or “your”) that for the Warranty Period set forth below the following products (“Fiberon Product”) shall, under normal and proper service conditions, remain free from material manufacturing defects and will not check, splinter, delaminate, rot, or suffer structural damage from fungal decay, when installed, used and maintained in Section 8 hereinan above-ground application and in accordance with Fiberon’s written instructions. For purposes of this Limited Warranty, Seller warrants that (a) the licensed firmware embodied in “original purchaser” means the Goods will execute individual or individuals who were the programming instructions provided by Sellerowners of the structure when the deck constructed of the subject Fiberon Products was installed, and that (b) a “residential application” is an installation of the Goods manufactured by Seller will be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation Fiberon Product on an owner-occupied residence. The term of this Limited Warranty (“Warranty Period”) for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months Fiberon Product listed below shall be in effect from the date of initial installation original purchase by or eighteen for a residential application as long as the Purchaser owns the property upon which the Fiberon Product was installed. Decking: Fiberon® Paramount™ PVC Decking The term of this Limited Warranty (18“Warranty Period”) months for the Fiberon Product listed below shall be twenty-five (25) years from the date of shipment original purchase by Seller. Services are warranted or for a period residential application as long as the Original Purchaser owns the property upon which the Fiberon Product was installed. Decking: Fiberon® Horizon® Decking, Fiberon® ProTect Advantage™ Decking, Fiberon® ProTect® Decking, Fiberon® Sanctuary® Decking, Fiberon® Good Life™ Decking The term of ninety this Limited Warranty (90“Warranty Period”) days for the Fiberon Products listed below shall be twenty (20) years from the date of shipment original purchase by or completion of for a residential application as long as the ServicesOriginal Purchaser owns the property upon which the Fiberon Product was installed. Products purchased by Seller from a third party for resale to Buyer Decking: Fiberon® Classic Decking, Fiberon® Professional Decking, Veranda® ArmorGuard® Decking, Fiberon® Xtreme Decking, Fiberon® Xtreme Wide Decking Railing: Fiberon® Horizon® Railing, Fiberon® Fiberail® Railing, Fiberon Good Life™ Railing, Fiberon® HomeSelect® Railing, Veranda® ArmorGuard® Railing, Veranda® Regency Railing and Veranda® Enclave® Railing Fasteners: Fiberon® and Phantom® branded Hidden Fasteners (“Resale ProductsFiberon Fastener”) as listed on xxx.xxxxxxxxxxxxxx.xxx The term of this Limited Warranty (“Warranty Period”) for the Fiberon Products listed below shall carry only be fifteen (15) years from the warranty extended date of original purchase by or for a residential application as long as the original manufacturerOriginal Purchaser owns the property upon which the Fiberon Product was installed. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defectsDecking: Veranda® Composite Decking by Fiberon®, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warrantyFiberon® Traditional Decking, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantlingFiberon® Exotics Decking Fencing: Fiberon® Fencing Pickets and Cross Rails, reinstallation Veranda® Composite Fencing Pickets and freight Cross Rails, Fiberon® Wood Shades® Fencing Pickets and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement dateCross Rails, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICES.Palisades Fencing

Appears in 1 contract

Samples: Limited Warranty

Limited Warranty. Subject to the any limitations contained in Section 8 hereinor exclusions set forth below, Seller Heartwork warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, products manufactured and that the Goods manufactured by Seller will be sold are free from of defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service providedmaterials. AdditionallyShould Heartwork product fail to conform to this limited warranty, the foregoing warranties will apply until the expiration of during the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months period from the date of shipment by Sellerlisted below, Heartwork, upon prompt wri en notice, will repair or replace at its cost the a ected part or parts. Services are warranted for a period of ninety (90) days Warranty Periods ▪ Active Duty Collection 5 years from the date of shipment or completion ▪ Base Camp Collection 5 years from date of the Servicesshipment ▪ Building Block Collection 5 years from date of shipment ▪ Sawhorse Collection 5 years from date of shipment ▪ Accessories (Monitor Stands, Baskets, Planters) 5 years from date of shipment ▪ Laminate Work Surfaces 5 years from date of shipment ▪ Markerboard accessory 2 years from date of shipment. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the Warranty Exclusions This warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal does not apply to: ▪ Normal wear and usage, unsuitable power sources or environmental conditions, accident, misusetear, improper installation, modification, repair, use of unauthorized replacement parts, storage or handlinguse, or any casualty loss ▪ Changes in surface nishes, including color fastness, due to aging or exposure to light ▪ Dramatic temperature changes or exposure to unnatural environmental conditions including, without limitation, outdoor use. ▪ Any damage incurred caused by a carrier other cause than a Heartwork provided carrier ▪ Natural variations occurring in wood or other natural products ▪ Any damage or other issues resulting from installation that does not comply with Heartwork’s installation instructions ▪ Any 3rd party hardware including digital or mechanical locks, which shall fall under the fault of Seller are not covered by this limited warrantyrespective manufacturer’s warranty EXCEPT AS EXPRESSLY SET OUT IN THIS LIMITED WARRANTY SECTION, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantlingALL PRODUCTS ARE PROVIDED “AS IS,” “WHERE IS”, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement dateWITH NO OTHER WARRANTIES, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KINDHEARTWORK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIEDIMPLIED INCLUDING, AS TO WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE PURPOSE, AND NON INFRINGMENT WITH REGARD TO THE PRODUCTS. Liability Limitation HEARTWORK AND ITS OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR ANY OTHER MATTER LIABLE WITH RESPECT TO ANY CLAIMS RELATED TO THE TERMS OF THIS QUOTE INCLUDING, WITHOUT LIMITATION, ANY PRODUCT WARRANTY UNDER ANY CONTRACT, INDEMNITY, TORT INCLUDING NEGLIGENCE , STRICT LIABILITY OR OTHER THEORY WITH RESPECT TO A ANY CLAIMS RELATED TO THE TERMS OF THIS QUOTE, ANY PRODUCT WARRANTY OR TERMS AND CONDITIONS RELATED THERETO; B FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION THE COST OF PROCUREMENT OR SUBSTITUTE GOODS; OR C FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE AMOUNT PAID FOR THE PRODUCT THAT GAVE RISE TO THE CLAIM, IN EACH CASE, WHETHER OR NOT HEARTWORK HAS BEEN ADVISED OF THE GOODS OR SERVICESPOSSIBILITY OF SUCH DAMAGES. IF APPLICABLE LAW LIMITS THE APPLICATION OF THIS LIMITATION OF LIABILITY SECTION, HEARTWORK’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT POSSIBLE. Force Majeure In the case of economic or environmental conditions outside of Heartwork’s control, we reserve the right to cancel or delay orders.

Appears in 1 contract

Samples: Vendor Agreement

Limited Warranty. Subject to the terms, conditions and limitations contained in Section 8 set forth below, Brava warrants to the original owner of the property on which the Products are installed, and to any party to whom such owner transfers ownership as permitted herein, Seller warrants for a period of 50 years after installation, that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods Products have been manufactured by Seller will be free from defects in materials or workmanship under that materially affect performance when subjected to normal use and care proper use. This warranty is transferrable by the original owner only. To be a valid transfer: 1) the original owner and Services will be performed by trained personnel using proper equipment subsequent buyer shall fill out and instrumentation for mail the particular Service provided. Additionally, the foregoing warranties will apply until the expiration Warranty Transfer (attached) within thirty (30) days of the applicable transfer of the property on which the Products have been installed; and 2) shall pay a $100.00 transfer fee. The warranty periodis not transferable a second time. Goods are warranted for Brava assumes the earlier obligation, in its sole discretion, to either: A) provide replacement products and installation costs to repair the affected portions of twelve the roof, or B) refund the original purchase price of the Products, excluding freight and other related costs. In the event Brava selects Option A, installation costs shall include labor, flashing, metal work, underlayment, shingle disposal, and other related costs, provided however, that Brava’s obligation to pay said installation costs shall not exceed the prevailing local rates, or $350 per one hundred square feet, whichever is lower. Furthermore, Brava reserves the right to approve the selection of any contractor enlisted by the Owner to perform the repair work. Notwithstanding the foregoing, one hundred and twenty (12120) months from the date of initial installation or eighteen (18) of the Products, Brava’s sole responsibility shall be the issuance of a refund, which amount shall be a percentage of the original purchase price of the Products, which percentage shall be determined by dividing the number of months remaining in the warranty period by 600. Xxxxx’s refund after 120 months from the date of shipment installation specifically excludes installation costs and other related costs. Any claim and/or replacement of Brava products will not extend the warranty period set forth above. Notwithstanding anything herein to the contrary, no benefit under this warranty shall accrue to any owner and Brava shall incur no liability under this warranty unless and until the Products have been paid for in full by Sellerowner or its predecessor in title. Services Before any coverage shall apply under this warranty, in the event of damage to Products caused by any insurable risk during the warranty period, the owner must first exhaust all efforts to pursue the cost of replacement or repair of all damaged Products through the owner’s insurance coverage. Any costs incurred by the owner in excess of the insurance contributed by any source of insurance reimbursements (excluding insurance deductibles), will be reimbursed by Brava only to the extent such costs are warranted for otherwise permitted pursuant to this warranty. To be a period valid warranty, the original owner must complete the attached Registration of ninety Limited Warranty within thirty (9030) days from of the date of shipment or completion of installation of the ServicesProducts. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only For any alleged warranty claims, the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer claimant must notify Seller thereof Brava in writing during the applicable within sixty (60) days after discovery of any manufacturing defect or covered damage. The warranty period. All replacements claimant must include proof of purchase (or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use proof of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by warranty transfer in accordance with this limited warranty), and proof of property ownership, along with such notice. Failure to timely notify Brava of any defect or damage shall be at Buyer’s expensenullify this warranty. Seller This warranty does not apply to, and Brava shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICES.liable for:

Appears in 1 contract

Samples: 50 Year Limited Warranty

Limited Warranty. Subject to Seller provides such warranty as set forth in any instruction manual provided with the limitations contained in Section 8 hereindeliverable, or if there is no such warranty or instruction manual, Seller warrants to Buyer that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller such deliverable will be free from defects in materials material and workmanship (in either case the "Limited Warranty"). Except as expressly set forth in this section or workmanship under normal use and care and Services will be performed specifically authorized by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionallyan executive officer of Seller in writing, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation Limited Warranty is not transferable or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety (90) days from the date of shipment assignable and any such transfer or completion of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Productsassignment is void. If Buyer discovers is authorized by Seller to be a reseller of deliverables that are goods or an installing contractor, the Limited Warranty may be passed through to Buyer's customer, but Buyer shall not alter the Limited Warranty in any warranty defectsway. Notwithstanding the foregoing, if Buyer must notify re-brands Seller's deliverable or Seller, at Buyer's request, brands the deliverable with a mark not owned by Seller, the Limited Warranty may not be transferred or assigned, and all claims under the Limited Warranty shall be made directly by Buyer to Seller thereof and not by any customer of Buyer. The Limited Warranty does not cover service trips, service calls, costs of removing and reinstalling components and other labor charges or the cost of shipment of replacement parts. The Limited Warranty excludes damages due to (i) failure to install, operate or maintain deliverables as directed in writing during the any instruction manual provided or under applicable warranty period. All replacements law or repairs necessitated regulation, (ii) misuse, abuse, neglect or modification of a deliverable or any controls, in any way, (iii) improper service, use of replacement parts or accessories that are not specified by inadequate maintenanceSeller, normal wear and usage(iv) improper installation, unsuitable power sources or environmental conditionsany relocation of a deliverable after initial installation, (v) incorrect supply, accident, misusefire, improper installationflood, modificationacts of God or other casualty, repair, (vi) use of unauthorized replacement a deliverable other than its intended purpose and normal usage, (vii) use of a deliverable in a corrosive atmosphere or any atmosphere containing contaminants, (viii) shipment of a deliverable (all claims must be filed with carrier), (ix) use of a deliverable in the vicinity of combustible or explosive materials, (x) any defect in a deliverable arising from a drawing, design, or specification supplied by or on behalf of Buyer, (xi) failure of parts, storage components, services or handling, or any other cause hook-ups not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance supplied by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICES.,

Appears in 1 contract

Samples: Limited Warranty

Limited Warranty. Subject to the limitations contained This Limited Warranty by Segway covers only defect(s) in Section 8 herein, Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller will be free from defects in materials material or workmanship of the Product under normal use that may exist at the time when it is sold by Segway, and care and Services will be performed the Limited Warranty by trained personnel using proper equipment and instrumentation for Segway shall not apply to any defect, defective condition and/or damages to the particular Service providedProduct that is caused by another person or you after it is sold by Segway. Additionally, the foregoing warranties will The Limited Warranty does not apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety (90) days from the date of shipment or completion of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, tear and/or deterioration associated with use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not Product. In the event that a defect covered by this limited warrantyLimited Warranty occurs, Segway and/or other Segway Parties (as applicable) in its sole discretion will repair or replace defective Product in accordance with this Limited Warranty. The applicable Limited Warranty Period commences on the first date that a new Product is purchased from an authorized retailer of the Product. This warranty gives you specific legal rights, and shall if you are a consumer in the United States of America, you may also have other rights which vary from State to State. Name of the Component Limited Warranty Period Frame Handlebar Wheel Hub Motor Front Fork Controller Dashboard Wire Harness Shock Absorber 2 years Stem & Folding Mechanism Battery Assembly Charger Electronic Throttle Brake Lever Headlight / Taillight 1 year For parts that naturally deteriorate and need to be at Buyer’s expensereplaced due to normal use, now we provide 1 month warranty. Seller shall These parts include but are not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Sellerlimited to: front mudguard, rear mudguard, decorative covers, foot pad, handlebar grip, dashboard cover, and kickstand. All costs of dismantling, reinstallation Lithium battery*: Under non external factors and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during within the warranty period shall be period, warranty policies are effective for lithium battery in warranty case the battery faces voltage abnormalities, failure to charge, and less than 70% of the capacity detected by a discharge instrument at an ambient temperature of 25℃. The parts repaired or replaced under the Limited Warranty are covered only for the remainder of the original warranty period or ninety (90) days from of the replacement dateProduct. THIS LIMITED WARRANTY HEREIN IS THE ONLY EXPRESS WARRANTY APPLICABLE TO PRODUCT AND ITS COMPONENT PARTS, whichever is longerACCESSORIES, AND SERVICE REPAIR. This limited warranty is the only warranty made by SellerSEGWAY AND SEGWAY PARTIES DISCLAIM ALL OTHER EXPRESS WARRANTIES. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the ServicesSEGWAY AND OTHER SEGWAY PARTIES LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, repair or replace the GoodsINCLUDING WITHOUT LIMITATION TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, subject to the limitations set forth in Section 8(a) hereinWHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS FOREGOING LIMITATIONS OR WARRANTIES EXCLUSIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT WARRANTY SHALL SUBJECT TO ANY MANDATORY LAW THAT PROHIBITS SUCH EXCLUSION, LIMITATION, RESTRICTION, OR MODIFICATION OF WARRANTY. FOR ANY WARRANTY THAT MAY APPLY HEREIN ON THE GOODS GROUND THAT SUCH WARRANTY IS MANDATED BY LAW AND CANNOT BE EFFECTIVELY EXCLUDED, RESTRICTED OR SERVICESMODIFIED BY THE FOREGOING DISCLAIMER, THE DURATION OF ITS APPLICABILITY SHALL BE THE PERIOD PROVIDED BY THE LIMITED WARRANTY HEREIN OR THAT REQUIRED BY THE APPLICABLE COUNTRY/STATE LAW, WHICHEVER IS SHORTER. SOME COUNTRIES/STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. (TO NEW JERSEY CONSUMERS, THIS PARAGRAPH SHALL NOT APPLY TO YOU.)

Appears in 1 contract

Samples: Limited Warranty and Arbitration Agreement

Limited Warranty. Subject A. Except as set forth herein, GEOARM makes no representations or warranty of any kind, expressed or implied, with respect to the limitations contained in Section 8 herein, Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Sellercondition of equipment, and disclaims any and all warranties of merchantability, fitness for a particular purpose or any other warranty. CLIENT acknowledges that no other representations were made to CLIENT or relied upon by CLIENT with respect to the Goods manufactured quality and function of the goods or service. B. In the event any new part of the equipment sold by Seller will GEOARM to CLIENT shall be free from defects in materials determined defective or workmanship inoperative by GEOARM under normal use (subject to Section E of the Limited Warranty stated below), within one year of shipping GEOARM shall replace or repair such defective part without charge to CLIENT (exclusive of shipping and care programming costs) and Services will be performed by trained personnel using proper equipment and instrumentation CLIENT agrees to pay for service in accordance with prevailing rates. GEOARM reserves the right to replace any product under the warranty with new or remanufactured product or parts. GEOARM is not responsible for labor costs of removal or reinstallation of products. GEOARM warrants that any repaired or replaced product shall satisfy the warranty set out for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration balance of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety (90) days from the date of shipment or completion term of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period initial product or for ninety (90) days from the replacement datedays, whichever is longer. This limited To be eligible CLIENT must contact GEOARM by email or in writing by registered mail at the address set forth above, fully describing the nature of the defect so that GEOARM will have the right to cure the defect within a reasonable period of time. Service for equipment no longer under warranty is will be provided by GEOARM at prevailing rates and CLIENT agrees to pay the only warranty made same. C. In the event GEOARM takes over monitoring of an existing security system owned by SellerCLIENT and not designed, sold, or installed to CLIENT by GEOARM, GEOARM assumes no responsibility whatsoever for the maintenance, operation or non-operation, actuation or non-actuation, of CLIENT’S existing equipment. Buyer’s sole Monitoring service will commence when GEOARM has programmed CLIENT’S equipment to the central monitoring station and has received test signals from CLIENT’S premises and both GEOARM and CLIENT agree that such signals have been satisfactorily transmitted and received. GEOARM makes no representation as to suitability or condition of CLIENT’S system. Telephonic and/or e-mail technical support will be provided by GEOARM at prevailing rates and CLIENT agrees to pay the same. D. In no event shall GEOARM be liable for more than, and CLIENT’S exclusive remedy and Seller’s sole and exclusive obligation for a breach of any this limited warranty shall be for Seller to re-perform limited to, the Services, repair or replace replacement of defective equipment sold under this agreement, and GEOARM shall not be liable for injuries to persons or property, including but not limited to, all general, direct, special, exemplary, punitive, incidental or consequential damages. This warranty is not assignable. E. GEOARM shall not be liable at any time for costs of repair or replacement in the Goodsevent of damage to material or equipment caused by accident, subject vandalism, flood, water, lightning, fire, intrusion, abuse, misuse, an act of God, any casualty, including electricity, unauthorized repair service, modification or improper installation not deemed acceptable by GEOARM and/or any other cause beyond the control of GEOARM, including interruption of electrical or telephone service, cellular or internet. In the event repair service or modification is needed and to be performed by anyone except a GEOARM REPRESENTATIVE, CLIENT must inform GEOARM beforehand of any service to be performed on a GEOARM monitored system by phone or email with CLIENT REPRESENTATIVE’S name and contact information so that GEOARM REPRESENTATIVE can facilitate when and how CLIENT and/or CLIENT REPRESENTATIVE should render the limitations appropriate service. F. CLIENT acknowledges that any affirmation of fact or promise made by GEOARM shall not be deemed to create an express warranty, and that GEOARM makes no representation or warranty that the system or service supplied may not be compromised, circumvented, or that the system or services will in cases provide the signaling, monitoring, and response for which it was intended. CLIENT is not solely relying on GEOARM’S skill or judgment in selecting or furnishing a system suitable for any particular purpose. G. This agreement becomes binding upon submission of order to GEOARM. CLIENT acknowledges receipt of a copy of this agreement, and specifically acknowledges and accepts that GEOARM’S liability is limited as set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICES.

Appears in 1 contract

Samples: Monitoring Agreement

Limited Warranty. Subject to the limitations contained in Section 8 herein, Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller will be free from of defects in materials or workmanship workmanship, under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionallyservice, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety one (901) days year from the date of shipment from Seller’s facility. For the FG & FGA screwdrivers and FGC wrenches, the seller warrants that the Goods will be free of defects in materials or completion workmanship, under normal use and service, for a period of two (2) year from date of shipment from Seller's facility. For the EPT-Series Li-ion Battery (25.2V 3.0A), the seller warrants that the Goods will be free of defects in materials or workmanship, under normal use and service, for a period of six (6) months from date of shipment from Seller's facility. The liability of Seller under the foregoing warranty is limited, at Seller's option, solely to repair or replacement with equivalent Goods, or an appropriate credit adjustment not to exceed the sales price to Purchaser. This warranty will apply only if (a) Purchaser notifies Seller in writing, within the warranty period, promptly upon discovery of defects, with a detailed description of such defects and the affected Goods, (b) Purchaser has obtained a Return Materials Authorization ("RMA") from Seller which RMA Seller agrees to issue to Purchaser promptly after Purchaser provides Seller’s Customer Service Department with the original purchase order number and invoice number and date, (c) the defective Goods are returned to Seller within twenty days after the issuance of the Services. Products purchased RMA, with the RMA shown on each shipping carton, transportation and other applicable charges prepaid by Seller from a third party for resale Purchaser, and (d) Seller's examination of such Goods discloses to Buyer (“Resale Products”) shall carry only the warranty extended its reasonable satisfaction that defects were not caused by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accidentnegligence, misuse, improper installation, modificationimproper maintenance, repair, use of unauthorized replacement parts, storage accident or handling, un- authorized repair or alteration. The original warranty period for any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs Goods which have been repaired or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during will not thereby be extended. Unless otherwise indicated in the warranty period shall RMA, defective products should be in warranty for shipped to Seller at the remainder of the original warranty period or ninety (90) days from the replacement datefollowing address: Returns Processing Center, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the ServicesXxxxxx, repair or replace the GoodsInc., subject to the limitations set forth in Section 8(a) herein00000 Xxxxxxxxx Xxxx, Foley, AL 36535. THE WARRANTIES FOREGOING WARRANTY IS PROVIDED EXPRESSLY IN LIEU OF, AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KINDSELLER HEREBY DISCLAIMS, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE PURPOSE, AND ANY OR ALL OTHER OBLIGATIONS OR LIABILITIES ON SELLER'S PART RELATING TO ANY ALLEGEDLY DEFECTIVE PRODUCT, AND SELLER NEITHER ASSUMES NOR AUTHORIZES ANY OTHER MATTER WITH RESPECT PERSON TO ASSUME FOR SELLER ANY OF OTHER LIABILITY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG A STATUTORY OR IMPLIED WARRANTY LASTS, SO THE GOODS OR SERVICESABOVE LIMITATION MAY NOT APPLY TO YOU. This limited warranty gives you specific legal rights and you may have other rights that vary from jurisdiction to jurisdiction.

Appears in 1 contract

Samples: Standard Terms and Conditions of Sale

Limited Warranty. Subject Seller will transfer to Buyer any Product warranties and indemnities authorized by the manufacturer, including any transferable warranties and indemnities for intellectual property infringement. Seller warrants to Buyer that Products purchased hereunder will conform to the limitations contained in Section 8 hereinapplicable manufacturer’s specifications for such products and that any value- added work performed by Seller on such Products will conform to applicable Buyer’s specifications. If Seller breaches this warranty, Seller Xxxxx’s remedy is limited to (at Seller’s election) (1) refund of Buyer’s purchase price for such Products (without interest), (2) repair of such Products, or (3) replacement of such Products; provided that such Products must be returned to Seller, along with acceptable evidence of purchase, within 20 days from date of delivery, transportation charges prepaid. Warranty applies to Product only, no labor or damages will be considered. No warranty will apply if the Product has been subject to misuse, static discharge, neglect, accident or modification, or has been soldered. Product supplied by KROM is warranted as parts only and does not include removal, installation or transportation costs. KROM warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller will be labor supplied is free from defects in workmanship and materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety (90) days from 90 days. However, for any used equipment, KROM cannot take responsibility for and guarantee the date of shipment or completion of the Servicesequipment’s overall performance. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This limited Labor warranty is the only warranty made by Sellerlimited to KROM scope of work. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the ServicesSAVE AS EXPRESSLY PROVIDED IN THESE TERMS AND CONDITIONS, repair or replace the GoodsALL IMPLIED WARRANTIES, subject to the limitations set forth in Section 8(aTERMS AND CONDITIONS (WHETHER STATUTORY OR OTHERWISE) hereinARE EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. IN PARTICULAR, SELLER MAKES NO WARRANTY RESPECTING THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS MERCHANTABILITY OF THE PRODUCTS OR WARRANTIES OF ANY KIND, EXPRESS THEIR SUITABILITY OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY PURPOSE, NON-INFRINGEMENT OF THE GOODS OR SERVICESTHIRD PARTY RIGHTS AND WARRANTIES AGAINST LATENT DEFECTS.

Appears in 1 contract

Samples: Standard Terms and Conditions of Sale

Limited Warranty. Subject Seller grants this non-transferable Limited Warranty to the limitations contained in Section 8 original end user (the “End User”) of its Glulam posts and laminated beams (the “Products”), subject to the terms and conditions set forth herein, Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods . The Products manufactured by Seller will be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted to be of merchantable quality and to conform to specifications in compliance with Seller published standards, for the earlier a period of twelve (12) months 10 years from the date of initial original purchase. In the event any Products fail to meet the foregoing Limited Warranty, Seller shall, at its option, furnish replacement Products conforming to said Limited Warranty or, at its sole election, provide the End User with a credit in an amount equal to the purchase price of said Products provided the eligible End User delivers to Seller timely notice of its claim under this Limited Warranty. Under no circumstances shall this Limited Warranty apply to any Products rendered defective as a result of improper installation by third parties other than Seller. Timely notice of a claim under this Limited Warranty shall mean that the eligible End User must provide Seller with written notice of any defects or eighteen (18) months other alleged non-conformance of the Products within 60 days of End User’s knowledge of said condition. End User must provide Seller with a reasonable opportunity to inspect the Products subject to any such claim in an unaltered condition so as to permit Seller to evaluate the End User’s claim in accordance with procedures customary within the industry. WARRANTY LIMITATIONS: Checks, cracks, or splits resulting from the date natural physical properties of shipment by Seller. Services are warranted for a period of ninety (90) days from the date of shipment or completion of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller wood are not covered covered, unless the condition causes a structural weakness. Please protect your investment! Our products must be protected from exposure to moisture from whatever source by proper building standards. Treatment with water-borne preservatives shall void this limited warrantyLimited Warranty. This Limited Warranty shall apply only if the Products are subjected to normal use and exposure. The products must be stored, handled, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon installed in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless a manner generally accepted in writing by Sellerthe industry, and in accordance with our current published installation instructions and in compliance with our product design specifications relating to spans and loading. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement dateFailure to follow such instructions will void this Limited Warranty. Exclusive Remedy. SELLER’S SOLE RESPONSIBILITY AND END USER’S SOLE AND EXCLUSIVE REMEDY IN ALL CLAIMS COVERED BY THIS LIMITED WARRANTY SHALL BE LIMITED TO CREDIT AND PAYMENT OF THE PURCHASE PRICE OF THE NONCONFORMING PRODUCTS. SELLER SHALL NOT BE LIABLE FOR CONSEQUENTIAL, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the ServicesINDIRECT OR INCIDENTAL DAMAGES, repair or replace the GoodsOR FOR ANY AMOUNT IN EXCESS OF THE PRICE FOR THE PRODUCTS INVOLVED, subject to the limitations set forth in Section 8(a) herein. UNDER THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE FOREGOING WARRANTY OR ANY OTHER MATTER PART OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY COSTS ASSOCIATED WITH RESPECT TO ANY REMOVAL OF THE GOODS DEFECTIVE PRODUCTS AND/OR SERVICESTHE INSTALLATION OF ANY REPLACEMENT PRODUCTS. ANY LEGAL ACTION END USER INITIATES AGAINST SELLER FOR BREACH OF THIS LIMITED WARRANTY MUST BE INSTITUTED WITHIN 10 YEARS AFTER DELIVERY OF THE PRODUCTS THAT ARE THE SUBJECT OF ANY SUCH LEGAL ACTION.

Appears in 1 contract

Samples: Standard Terms of Sale

Limited Warranty. Subject Uplink warrants to Dealer that for 12 months following the limitations contained in Section 8 hereindate of purchase, Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, Uplink Devices and that the Goods manufactured by Seller u-TRAQ Devices will be free from of defects in materials and workmanship when installed, operated, maintained, and serviced in strict accordance with Uplink’s and the manufacturer’s requirements. If a Uplink Device fails because of a defect in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for within the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable 12 month warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety (90) days from the date of shipment or completion of the Services. Products purchased by Seller from a third party for resale , Uplink will, at its sole option and at no charge to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the ServicesDealer, repair or replace it or arrange for its repair or replacement. Uplink’s agreement to repair (using new or reconditioned parts) or replace (with an equivalent new or reconditioned device) an Uplink Device or u-TRAQ Device found to be defective in materials or workmanship is Dealer’s exclusive remedy; this remedy will not be deemed to have failed of its essential purpose so long as Uplink is willing and able to repair or replace a defective Uplink Device as provided above or, at its sole option, to refund the Goods, subject to the limitations set forth purchase price paid. Any returns hereunder must be made in Section 8(a) hereinaccordance with Uplink’s prescribed RMA process. THE WARRANTIES AND REMEDIES WARRANTY SET FORTH ABOVE ARE EXCLUSIVEIN THIS SECTION IS LIMITED AND IS THE ONLY WARRANTY OFFERED UNDER THIS AGREEMENT. THERE ARE UPLINK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KINDOTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITYINCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE PURPOSE, TITLE, NON-INFRINGEMENT, AND NON-OBSOLESCENCE. THE WARRANTY SET FORTH IN THIS SECTION FURTHERMORE DOES NOT COVER UPLINK DEVICES OR ANY OTHER MATTER WITH RESPECT U-TRAQ DEVICES THAT (A) HAVE BEEN IMPROPERLY INSTALLED, MAINTAINED, OR SERVICED; (B) HAVE BEEN ABUSED OR TAMPERED WITH; OR (C) HAVE BEEN SUBJECTED TO ANY OPERATING CONDITIONS OUTSIDE OF THE GOODS OR SERVICESSPECIFIED PARAMETERS.

Appears in 1 contract

Samples: Uplink Activation Agreement

Limited Warranty. Subject to the limitations contained in Section 8 herein, Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided Unless superseded by Seller, and that the Goods manufactured individual Product warranty terms formally set forth by Seller will to Buyer in writing and/or included in Product Packaging, Seller’s standard warranty terms shall be free from defects limited to those set forth in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service providedthis paragraph. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for For a period of ninety one (901) days from the date of year after shipment or completion of the Services. Products purchased by Product, Seller from a third party for resale will at its option repair or replace on an exchange basis any Product or component part thereof returned to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof be defective in writing during the applicable warranty period. All replacements material or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Sellerworkmanship. All costs of dismantlingassociated with the transportation, reinstallation and freight and troubleshooting, installing or removing the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause Product or component part thereof shall be borne paid by Buyer unless accepted in writing by SellerBuyer. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder Repair or replacement of any Product or component thereof will not extend the original warranty period or ninety (90) days from the replacement date, whichever is longerperiod. This limited warranty extends only to Buyer and is not transferable to any other party and any transfer made in violation of this provision shall be void. This limited warranty does not apply to any Product or component which (i) has been subject to misuse, neglect, accident or improper storage; (ii) has been installed, repaired, maintained or altered in any way that in the only warranty made by Sellerjudgment of Seller has adversely affected the condition of the Product; (iii) has been used, operated or maintained inconsistent with Seller recommendations or with normal practice and conditions, or (iv) has been changed or modified from its original condition. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any For consumable Product components such as BioDiscs, this limited warranty shall be for Seller to re-perform modified as follows: (a) the Services, repair or replace unopened shelf life shall be 4 weeks from the Goods, subject to manufacture date marked on the limitations set forth in Section 8(apackaging; (b) hereinthe opened shelf life shall be 1 day from the date the product packaging is opened; THIS LIMITED WARRANTY IS ONLY A LIMITED WARRANTY TO REPAIR OR REPLACE AND NOT A WARRANTY OF THE CONDITION OR FUTURE PERFORMANCE OF THE PRODUCT. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KINDALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITYSPECIFICALLY INCLUDING, BUT WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED. BUYER WAIVES AND IN NO EVENT WILL SELLER BE RESPONSIBLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICESKIND. No person is authorized to give any other warranty or to assume any additional obligation or liability on behalf of Seller. In no event will Seller’s liability hereunder exceed the purchase price of the defective Product. This limited warranty shall not apply if Buyer has unpaid invoices. Buyer agrees that the warranty disclaimer and limited liability set forth herein are fundamental elements of this Agreement and Seller would not be able to provide the Product on an economic basis without such limitations.

Appears in 1 contract

Samples: Terms and Conditions

Limited Warranty. Subject to the limitations contained in Section 8 herein, Seller Contractor fully warrants that the licensed firmware embodied in Work will conform to the Goods Project Contract Documents, will execute the programming instructions provided by Sellerbe delivered unto Owner free and clear of all liens and encumbrances, and that the Goods manufactured by Seller will be free from all substantial deficiencies and defects in materials or and/or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration a period of the applicable warranty period. Goods are warranted for the earlier of twelve one (121) months year from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety (90) days from the date of shipment or completion of the ServicesProject (the “Warranty Period”). Products purchased by Seller from a third party for resale All materials and equipment shall be installed, connected, handled, used, erected, cleaned, and conditioned in accordance with the instructions of the supplier so as to Buyer preserve all warranty and guaranty rights thereto, and all such warranty and guaranty rights shall expressly run to the benefit of Owner. Owner shall promptly notify Contractor in writing detailing with specifics of all claimed deficiencies or defects (“Resale ProductsNotice of Warranty Claim) ). Owner shall carry only permit Contractor to perform a reasonable inspection and testing, if necessary, of the Subject Premises within a reasonable time following receipt of Notice of Warranty Claim. Contractor shall correct defective work within a reasonable time after receiving the Notice of Warranty Claim from Owner during the Warranty Period and performance of an inspection. Contractor’s warranty extended shall exclude any deficiencies or defects caused by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping partial or whole negligence of the Resale ProductsOwner or Owner’s guests, invitees, or licensees. If Buyer discovers any warranty defects, Buyer must notify Seller thereof a defect is discovered in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not an item(s) covered by this limited warrantyLimited Warranty, Contractor will repair or replace the defective item(s), or pay Owner the reasonable cost of repairing or replacing the defective item(s), within a reasonable time after Owner has notified Contractor of each defect as evidenced by Contractor's receipt of a Notice of Warranty Claim and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs after Contractor's inspection or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs testing verifies the existence of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement datea defect, whichever is longerlater. This limited warranty express written Limited Warranty is the only warranty made by SellerContractor, or any other party, in connection with the work to be performed under this Agreement. Buyer’s sole Neither Contractor nor any other party makes any other Expressed or Implied Warranty which is not set out in this contract and exclusive remedy Owner acknowledges, understands, and Seller’s sole agrees that any and exclusive obligation all Implied Warranties as to the quality or condition of the Work are hereby disclaimed and waived, including any Implied warranty of habitability, merchantability, or fitness for a particular purpose, and Contractor agrees to comply with the provisions of the Expressed Limited Warranty and Owner accepts the Express Limited Warranty as a substitute for all warranties, including the Implied Warranty of habitability. This Limited Warranty specifically excludes any and all punitive, secondary, incidental, or consequential damages caused by any defect or breach hereof, and Contractor is not liable for any punitive, secondary, incidental, or consequential damages. No steps taken by Contractor to correct defects shall act to extend the scope or duration of this Limited Warranty or to make verbal agreements with respect thereto so long as the defects are corrected. All items for correction must be in written form. Contractor assumes no responsibility if Owner allows someone to enter the Premises when Owner is not present. This Limited Warranty is not assignable, and any attempted assignment shall be null and void. The warranty shall lapse upon Owner's failure to comply with the terms of this agreement. Owner's subsequent compliance with the terms of this agreement, will not cause the term of Warranty Period to extend beyond the time period set forth above. The Owner has read and approved the Limited Warranty, including the terms, conditions, and exclusions thereof, and agrees that said Limited Warranty is in lieu of any warranty of the Contractor under this Agreement or implied at law and shall be for Seller to re-perform govern in the Services, repair event if any conflict or replace inconsistency between the Goods, subject to the limitations set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICESterms hereof and this Agreement.

Appears in 1 contract

Samples: Construction Contract

Limited Warranty. Subject to the limitations contained in Section 8 herein, Seller warrants that the licensed firmware embodied its products to be in the Goods will execute the programming instructions provided by Seller, conformance with its plans and that the Goods manufactured by Seller will specifications and to be free from defects in materials and workmanship under normal use and service for 2 years from the date stamp control on the product, or for products not having a date stamp, for 12 months from date of original purchase unless the installation instructions or catalog sets forth a different time period, in which case such alternate time period shall apply. Seller’s obligation shall be limited to repairing or replacing, at its option, free of charge for materials or labor, any part which is proved not in compliance with Seller’s specifications or proves defective in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety (90) days from the date of shipment or completion of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expenseservice. Seller shall have no obligation under this Limited Warranty or otherwise, if the product is altered or improperly repaired or serviced by anyone other than Seller. For warranty service, return product transportation prepaid, to Treehaven Technologies, Inc., 00 Xxxxxxx Xxxxxx Xx., Xxxxxx, OH 43065-7760. To the extent the product is manufactured by another company and resold to buyer through seller, the seller makes no warranties, limited or otherwise on the product. The buyers remedy would be solely through the manufacturer’s warranty. The buyer should contact the manufacturer directly. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. IN NO CASE SHALL SELLER BE LIABLE TO ANYONE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES FOR BREACH OF THIS OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, OR UPON ANY OTHER BASIS OF LIABILITY WHATSOEVER, EVEN IF THE LOSS OR DAMAGE IS CAUSED BY SELLER’S OWN NEGLIGENCE OR FAULT. Seller does not represent that the product it sells may not be obligated to pay compromised or circumvented; that the products will prevent any costs personal injury or charges incurred property loss by burglary, robbery or fire without warning or protection. Buyer understands that a properly installed and maintained alarm may only reduce the risk of a burglary, robbery or fire without warning, but it is not insurance or a guarantee that such will not occur or that there will be no personal injury or property loss as a result. CONSEQUENTLY, SELLER SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURY, PROPERTY DAMAGE OR OTHER LOSS BASED ON A CLAIM THE PRODUCT FAILED TO GIVE WARNING. However, if Seller is held liable, whether directly or indirectly, for any other party except as may loss or damage arising under this Limited Warranty or otherwise, regardless of cause or origin. Seller’s maximum liability shall not in any case exceed the purchase price of the product, which shall be agreed upon in writing in advance by the complete and exclusive remedy against Seller. All costs of dismantling, reinstallation This warranty replaces any previous warranties and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made by SellerSeller on this product. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach No increase or alteration, written or verbal, of any warranty shall be for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICESobligations of this Limited Warranty is authorized.

Appears in 1 contract

Samples: Standard Terms and Conditions

Limited Warranty. Subject Products sold by MELA are warranted to conform to ---------------- specifications therefor at the limitations contained in Section 8 herein, Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, time of delivery to Centillium and that the Goods manufactured by Seller will be to remain free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation material for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration a period of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18twelve(12) months from the date of shipment by SellerMELA. Services are Any products which fail to meet either such warranty shall, at MELA's option, either be repaired or replaced by MELA at no charge to Centillium or MELA shall issue a credit therefor in the amount paid by Centillium on the said invoice. MELA's warranty obligation shall be limited solely to such repair, replacement or credit. Such obligation shall be conditioned upon receipt by MELA of notice of any alleged non-conformance to specifications within thirty (30) days after delivery to Centillium and of any alleged defect in material or workmanship within thirty (30) days after discovery. Products which MELA consents or directs in writing to be returned shall be returned to MELA, freight prepaid, F.O.B. MELA's facility in Sunnyvale, California or other destination directed by MELA. Without limitation, MELA shall be responsible for any costs associated with the removal of the Products from items into which such Products have been integrated by Centillium (or other third parties), MELA's warranty shall only apply if the products have not been altered or repaired other than with authorization from MELA and according to its approved procedures, the products have not been subjects to misuse, abuse, improper installation, misapplication, maintenance, neglect or accident, the products have not been damaged by excessive physical or electrical stress and the products have not had their serial numbers, or other markings, if any, altered, defaced or removed. All Products or parts determined to be defective shall become the property of MELA upon replacement, and MELA reserves the right to utilize refurbished parts to repair or replace the warranted products. Warranty repairs or warranty replacements shall be subject to this warranty for a period the longer of (a) ninety (90) days from the date of following shipment or completion of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handlingrepaired/replaced products, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for (b) the remainder of the original warranty period for the defective product which has been repaired or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) hereinreplaced. THE WARRANTIES FOREGOING WARRANTY IS EXCLUSIVE AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES IN LIEU OF ANY KINDALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS INCLUDEING BUT NOT LIMITED TO ANYIMPLIED WARRANTY OK MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE PURPOSE, COURSE OF DEALING OR USAGE OF TRADE. MELA SHALL HAVE NO RESPONSIBILITY FOR ANY OTHER MATTER WITH RESPECT TO PARTICULAR APPLICATION MADE OF ANY OF THE GOODS OR SERVICESPRODUCT.

Appears in 1 contract

Samples: Wafer Supply Agreement (Centillium Communications Inc)

Limited Warranty. Subject 9.1. HAHT warrants to Licensee that HAHT has not entered into any agreement, nor is the Software subject to any lien encumbrance, that would limit HAHT's full power and authority to enter into this License. HAHT also warrants that if a defect occurs in the media on which the Software is recorded within thirty (30) days after delivery of the Software to Licensee (the "Warranty Period"), when the media is used under normal circumstances, HAHT will replace such media if returned by Licensee either during the Warranty Period (or within seven (7) days thereafter, provided that notice of the defect is given to HAHT within the last seven (7) days of the Warranty Period). Finally, HAHT warrants that if during the Warranty Period the Software fails to perform substantially in accordance with and as specified in the accompanying documentation when operated in the designated operating environment, and if HAHT receives a written report from Licensee during the Warranty Period documenting any reproducible, substantive error(s) in the unmodified Software, then HAHT shall, at its option, use its reasonable good faith efforts to correct the error(s) (which correction may include a change in the documentation), or notify Licensee that in lieu of receiving corrections to the limitations contained reported errors HAHT will refund to Licensee all license fees paid to HAHT with respect to the defective portion of the Software if Licensee voluntarily terminates this License. After receipt of such notice Licensee shall have seven (7) calendar days to determine if it wishes to receive a refund and shall, within such seven-day period, return all copies of the Software and otherwise comply with the terms of Paragraph 4 if it wishes to terminate the License and receive the refund. The foregoing shall be Licensee's sole remedy and recourse, and HAHT's sole obligation, with respect to any asserted defect in Section 8 hereinthe media or Software, Seller except as provided in Paragraph 9.3 with respect to errors relating to date data. 9.2. Licensee shall be entitled, at no charge and during the Warranty Period, to all generally-available corrections to the Software that are made available to HAHT's subscriptions customers without additional charge. In accordance with Paragraph 7, such corrections shall be become part of the Software. 9.3. Because HAHT controls neither the date data format nor the date data manipulation functions used by the underlying operating systems (e.g. Windows 95, Windows NT, UNIX) or by applications or databases that communicate date data to the Software, HAHT does not warrant the validity of any date data. Provided that such date data is valid upon its communication to the Software, HAHT warrants that if the licensed firmware embodied in Software corrupts the Goods will execute data due to century date changes or the programming instructions provided by Seller, and that the Goods manufactured by Seller will be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety (90) days from the date of shipment or completion of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended data is not stored by the original manufacturer. Buyer agrees Software in project files that Seller has no liability for Resale Products beyond making use a reasonable commercial effort to arrange for procurement and shipping of format which correctly handles the Resale Products. If Buyer discovers any warranty defectscentury date change, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the Services, then HAHT will repair or replace (through provision of a "patch" or an alternate version) such portions of the GoodsSoftware as HAHT determines to be defective in its handling of century date changes. The foregoing shall be Licensee's sole remedy and recourse, subject and HAHT's sole obligation, with respect to any asserted errors relating to date data. 9.4. HAHT does not warrant that (a) use of the limitations set forth Software will be uninterrupted; (b) the Software will be error-free or that any or all defects or errors will be corrected (except as provided in Section 8(aParagraphs 9.1 or 9.3 with respect to errors relating to otherwise valid date data); (c) hereinfunctions contained in the Software will meet Licensee's requirements; (d) the Software will operate in combination with other software selected by Licensee; or (e) Licensee's use of the Software will be secure (the Internet has inherent security challenges and Licensee is solely responsible for determining whether the security of the environment in which the Software will be used is sufficient for its needs). 9.5. THE PROVISIONS OF THE FOREGOING WARRANTIES ARE EXCLUSIVE AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES IN LIEU OF ANY KINDOTHER WARRANTIES OR REMEDIES, EXPRESS WHETHER EXPRESSED OR IMPLIED, AS TO INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NO VERBAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HAHT OR ITS AGENTS, REPRESENTATIVES OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE ABOVE WARRANTIES, AND LICENSEE SHALL NOT RELY ON ANY SUCH INFORMATION OR ADVICE. THE FOREGOING WARRANTIES EXTEND TO LICENSEE ONLY AND SHALL NOT BE APPLICABLE TO ANY OTHER MATTER WITH RESPECT TO ANY PERSON OR ENTITY. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE GOODS OR SERVICESLICENSE.

Appears in 1 contract

Samples: Haht E Scenario License Agreement (Haht Commerce Inc)

Limited Warranty. Subject to the limitations contained in Section 8 herein, Seller THE SCALE PEOPLE and Manufacturers it represents warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller will be goods sold hereunder sit free from defects in materials material and workmanship for period of time set forth in the Product's operating manual or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionallyoperating instructions or if THE SCALE PEOPLE is providing Services, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted period for the earlier of twelve such Services (12and any replacement parts) months shall be one (1) year from the date of initial installation delivery of the serviced goods or eighteen the warranty period provided by the manufacturer. The manufacturer's warranty supersedes The Scale People's warranty period("Warranty Period'). Seller warrants its good(s) only to the original Purchaser. There are no warranties whatsoever on goods bulk or acquired, wholly or partially, to a Purchaser's designs or specifications. This express warranty in this section is in lieu of and excludes all other warranties, express or implied, by operation or law or otherwise including THE WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE (18) months from WHETHER KNOWN TO SELLER OR NOT), all other such warranties being hereby expressly disclaimed by Xxxxxx and waived by Purchaser. Written notice of claimed defects shall have been given to THE SCALE PEOPLE within the date of shipment by Seller. Services are warranted for a period of ninety Warranty Period, and within thirty (9030) days from the date of shipment any such defect is first discovered. The good or completion parts claimed to be defective must be returned to THE SCALE PEOPLE, accompanied by a Return Material Authorization (RMA) issued by THE SCALE PEOPLE 's facility responsible for supplying goods, with transportation prepaid by Purchaser, with written specifications of the Servicesclaimed defect. Products purchased by Seller If warranty claim is valid, THE SCALE PEOPLE shall pay reasonable one-way costs of transportation of the defective goods from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by either the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of destination or the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement datelocation where defect occurred, whichever is longerclosest to THE SCALE PEOPLE 's facility. If the warranty return is "No Problem Found," the Purchaser is responsible for an RMA evaluation and return shipping charges. Xxxxx memos to accounts payable are not allowed for any returned goods without the prior written approval of THE SCALE PEOPLE. Under no circumstances shall THE SCALE PEOPLE be liable for removal of the goods from Purchaser's equipment or reinstallation into Purchaser's equipment. No person including any agent; distributor, or representative of THE SCALE PEOPLE is authorized to make any representation or warranty on behalf of THE SCALE PEOPLE concerning any goods. This limited warranty is shall not apply to goods that have been subjected to abuse, neglect, accident; incorrect wiring, improper installation or servicing, or use in violation of instructions furnished by THE SCALE PEOPLE, that have been repaired or altered by anyone except THE SCALE PEOPLE or its authorized service agencies; the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the Servicesserial number or date code have been removed, repair defaced, or replace the Goods, subject to the limitations set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICESotherwise changed.

Appears in 1 contract

Samples: Terms and Conditions

Limited Warranty. Subject to the limitations contained in Section 8 herein, (a) Seller warrants that all Goods sold to Buyer under this Agreement will conform to the licensed firmware embodied drawings and specifications Seller and Xxxxx have agreed upon in the Goods will execute the programming instructions provided by Seller, writing and that the Goods manufactured by Seller will be free from defects in materials or material and workmanship under normal use and care circumstances. Subject to the final sentence of this Subsection 10(a), Seller’s sole obligation, and Services Buyer’s exclusive remedy, under this warranty is for Seller, at its discretion, to repair or replace the Goods or credit to Xxxxx’s account the original purchase price of the Goods which Buyer notifies Seller fail to meet the foregoing warranty within one (1) year of the delivery of the Goods to Buyer. If Xxxxx believes that it has identified Goods which fail to conform to the above warranty during the warranty period, Buyer shall promptly advise Seller in writing and, at Seller’s discretion, return the Nonconforming Goods to Seller pursuant to Seller’s shipping instruction or otherwise handle such Goods as Seller and Buyer reasonably agree. To the extent that returned Goods are found to be in compliance with Seller’s warranty, Seller will return the conforming Goods to Buyer and Buyer will pay the cost of freight and duty in both directions. Notwithstanding the foregoing, Seller shall not be required to repair or replace Goods, or to credit to Buyer the purchase price thereof, when the Buyer is a co-manufacturer or for Goods which constitute high-performance products beyond factory defects, and stock replacement product sales sold to distributors or internet customers will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable provided a limited lifetime warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety . (90b) days from the date of shipment or completion of the Services. Products purchased manufactured by Seller from a third party for resale ("Third Party Product") may constitute, contain, be contained in, incorporated into, attached to Buyer (“Resale Products”) shall carry only or packaged together with, the warranty extended by the original manufacturerGoods. Buyer agrees that Seller has no liability for Resale Third Party Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) herein10(a). THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE For the avoidance of doubt, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT, INCLUDING ANY (a) WARRANTY OF ANY KINDMERCHANTABILITY; (b) (c) Seller’s warranty does not apply to Goods (i) which have been subjected to misuse, negligence, accident, or improper maintenance, storage, commissioning, installation, or application; (ii) which have been repaired or altered without Seller’s prior written consent; (iii) which became defective because of Buyer’s failure to follow Seller’s oral or written instructions, or (iv) which, based upon Seller’s examination, do not disclose to Seller’s reasonable satisfaction nonconformance to the warranty. (d) SELLER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR SERVICESOF FITNESS FOR A PARTICULAR PURPOSE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

Appears in 1 contract

Samples: Aftermarket Terms of Sale

Limited Warranty. Subject to the limitations contained in Section 8 herein, Seller warrants that the licensed firmware embodied in products sold hereunder confirm to sellers written specifications for the Goods will execute the programming instructions provided by Seller, product and that the Goods manufactured by Seller will be free from defects in materials or workmanship material and workmanship, under normal use and care service when correctly stored, installed, used and Services maintained by Buyer for period of two (2) years for new products and 3 months for used products. If Buyer is a private individual, warranty period for used products is determined by applicable German or European law. The warranty period commences on the date the products shipped by Seller. Seller’s liability and responsibility under this warrant is limited solely (at sellers discretion) to replacing, repairing, or issuing reedit for defective products which are returned to it by Buyer and which Seller determines does not conform to the warranty. To assert a claim in the warranty period, Buyer shall: a) notify Seller during the applicable warranty period in writing of any claims, specifying in reasonable detail the nature of the warranty claim; and b) provide Seller with an opportunity to inspect and test the product claimed to be defective. Claims made after the applicable warranty period are not covered by this or any other warranty. Products returned to Seller for warranty service will be performed shipped to Seller at Buyer’s expense and will be returned to Buyer at Buyer’s expense. Buyer shall not return material without first obtaining an RMA number as stated herein. Returns made without obtaining prior authorization shall be returned to sender at Buyer’s expense. In no event shall Seller be liable for any defective products if Seller determines upon examinination that the defective condition of such products was caused by trained personnel using proper equipment misuse, abuse, improper storage, installation or application, improper maintenance or repair, alteration, accident or negligence in use, storage, transportation, or handling. The term ‚specification‘ as used herein means specifications for Seller’s products (subject to stated parameters and instrumentation testing conditions) identified, specifications for Seller’s products contained in a data sheet or other similar document in effect at the particular Service providedtime of order acknowledgement by Seller and made available to Buyer at Buyer’s request. Additionally, Such specifications are incorporated herein by this reference. Buyer acknowledges that specifications for Seller’s products may change without notice and hereby affirms that it is familiar with the foregoing warranties will apply until specifications for Seller’s products in effect at the time of order acknowledgement. In the event that modifications are made to specifications following order acknowledgement and before the expiration of the applicable warranty period, Buyer may cancel and terminate this agreement without penalty by written notice to Seller, provided that no such cancellation right shall exist for modifications to specifications that do not materially affect the performance of such products. Goods are warranted for In the earlier event that Buyer does not elect to so cancel and terminate this agreement and Seller informed Buyer of twelve (12) months from such modifications of Buyer otherwise was aware of such modifications prior to the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety (90) days from the date of shipment or completion termination of the Serviceswarranty period, such modified specifications shall be deemed accepted by Buyer and shall thereby supersede and replace the specifications in effect at the time of order acknowledgement for purposes of this warranty. Products purchased by In no event shall Seller from a third party for resale be liable under warranty if a) Buyer knew of any failure of Seller’s product to conform to specifications prior to purchase or b) Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort was informed of any change in specifications subsequent to arrange for procurement purchase and shipping did not avail itself of the Resale Products. If Buyer discovers any option contained herein to cancel and terminate this agreement and/or to make a claim under this warranty defects, Buyer must notify Seller thereof in writing during within the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated No modification to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of specifications for Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during product published before or after the warranty period shall be in warranty for have the remainder effect of extending the original warranty period or ninety (90) days from regardless of whether Seller notified Buyer of such modification. Buyer assumes all risk for operation of products outside parameters and testing conditions stated in the replacement date, whichever is longerspecifications. This limited The above warranty is the only warranty made by Seller. exclusive and constitutes seller’s sole liability and Buyer’s sole remedy with respect to any claimed non conformance of the products sold hereunder and exclusive remedy and Seller’s sole and exclusive obligation for a breach is in lieu of any other warranty, express or implied, including without limitation an implied warranty shall be of merchantability, fitness for Seller to re-perform the Servicesparticular purpose or implied, repair or replace the Goods, subject to the limitations set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICESall of which seller hereby disclaims.

Appears in 1 contract

Samples: Sales Contract

Limited Warranty. Subject a. Fiber Composites LLC, individually and doing business as Fiberon (“Fiberon”) warrants to the limitations contained original purchaser (“Purchaser”, “you” or “your”) that for the Warranty Period set forth below the following products (“Fiberon Product”) shall, under normal and proper service conditions, remain free from material manufacturing defects and will not check, splinter, delaminate, rot, or suffer structural damage from fungal decay, when installed, used and maintained in Section 8 hereinan above-ground application and in accordance with Fiberon’s written instructions. For purposes of this Limited Warranty, Seller warrants that (a) the licensed firmware embodied in “original purchaser” means the Goods will execute individual or individuals who were the programming instructions provided by Sellerowners of the structure when the deck constructed of the subject Fiberon Products was installed, and that (b) a “residential application” is an installation of the Goods manufactured by Seller will be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation Fiberon Product on an owner-occupied residence. The term of this Limited Warranty (“Warranty Period”) for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months Fiberon Product listed below shall be in effect from the date of initial installation original purchase by or eighteen for a residential application as long as the Purchaser owns the property upon which the Fiberon Product was installed. Decking: Fiberon Paramount® PVC Decking The term of this Limited Warranty (18“Warranty Period”) months for the Fiberon Product listed below shall be twenty-five (25) years from the date of shipment original purchase by Seller. Services are warranted or for a period residential application as long as the Original Purchaser owns the property upon which the Fiberon Product was installed. Decking: Fiberon Horizon® Decking, Fiberon ProTect Advantage® Decking, Fiberon ProTect® Decking, Fiberon Sanctuary® Decking, Fiberon Good Life™ Decking Railing: Fiberon Symmetry™ Railing The term of ninety this Limited Warranty (90“Warranty Period”) days for the Fiberon Products listed below shall be twenty (20) years from the date of shipment original purchase by or completion for a residential application as long as the Original Purchaser owns the property upon which the Fiberon Product was installed. Decking: Fiberon Professional Decking, Fiberon Xtreme Decking, Fiberon Xtreme Wide Decking, Xxxxxxxxx® Xtreme, Fiberon ArmorGuard® Decking and Veranda® ArmorGuard Decking Railing: Fiberon Horizon Railing, Fiberon Good Life Railing, Fiberon Natural Railing, Fiberon HomeSelect® Railing, Veranda ArmorGuard Railing, Veranda Regency Railing and Veranda Enclave® Railing Fasteners: Fiberon and Phantom® branded Hidden Fasteners (“Fiberon Fastener”) as listed on xxx.xxxxxxxxxxxxxx.xxx The term of this Limited Warranty (“Warranty Period”) for the Fiberon Products listed below shall be fifteen (15) years from the date of original purchase by or for a residential application as long as the Original Purchaser owns the property upon which the Fiberon Product was installed. Decking: Fiberon Traditional Decking, Fiberon Exotics Decking, Xxxxxxxxx Decking and Veranda Composite Decking Fencing: Fiberon Fencing Pickets and Cross Rails, Veranda Composite Fencing Pickets and Cross Rails, Fiberon Wood Shades® Fencing Pickets and Cross Rails Note: Substitution of wood or other materials for any portion of the ServicesFencing system will void this warranty. Products purchased by Seller from a third party for resale to Buyer This warranty is only valid if the entire Fiberon manufactured system is used: Posts, Pickets and Backer Rails. The term of this Limited Warranty (“Resale ProductsWarranty Period”) for the Fiberon Products listed below shall carry only be ten (10) years from the warranty extended date of original purchase by or for a residential application as long as the original manufacturerOriginal Purchaser owns the property upon which the Fiberon Product was installed. Buyer agrees that Seller has no liability Fencing: Fiberon Wood Shades Fencing Posts, Fiberon Fencing Posts, Veranda Composite Fencing Posts Note: Substitution of wood or other materials for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping any portion of the Resale ProductsFencing system will void this warranty. If Buyer discovers any This warranty defectsis only valid if the entire Fiberon manufactured system is used: Posts, Buyer must notify Seller thereof in Pickets and Backer Rails. b. Fiberon written instructions are available from your Fiberon dealer or your contractor or from Fiberon at xxxxxxxxxxxxxx.xxx or by writing during to Fiberon at the address stated below. c. In the event of a failure of the Fiberon Product or Fiberon Fastener within the applicable warranty period. All replacements or repairs necessitated by inadequate maintenanceWarranty Period as warranted above, normal wear when properly installed, used and usagemaintained as described above, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not Fiberon will replace the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except nonconforming item as may be agreed upon set forth in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This Section 2 below. d. The limited warranty set forth in this Limited Warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation (whether written or oral, express or implied) Fiberon makes for a breach of any warranty shall be for Seller to re-perform the Services, repair your Fiberon Product or replace the Goods, Fiberon Fasteners; it is subject to the limitations set forth all terms and conditions stated herein and no one (including but not limited to a Fiberon dealer, installer, reseller, agent or employee) is authorized to modify, expand or add to this limited warranty. Fiberon makes no other representation, guarantee or warranty. No one is authorized to make any representation, guarantee or warranty on Fiberon’s behalf, and Fiberon shall not be bound by or liable for, any representation, guarantee, warranty, or condition with regard to any Fiberon Product or Fiberon Fastener other than as expressly stated in Section 8(a) hereinthis Limited Warranty. THE WARRANTIES THIS LIMITED WARRANTY COMPRISES FIBERON’S SOLE AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVEENTIRE WARRANTY AND OBLIGATION IN CONNECTION WITH FIBERON PRODUCTS OR FIBERON FASTENERS. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KINDALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, QUALITY, CONDITION, SUITABILITY, OR ANY OTHER MATTER WITH RESPECT PERFORMANCE, ARE EXPRESSLY EXCLUDED AND DISCLAIMED. ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NOT EFFECTIVELY DISCLAIMED ARE LIMITED TO ANY THE APPLICABLE STATUTE OF LIMITATIONS BUT IN NO EVENT WILL EXTEND BEYOND THE APPLICABLE WARRANTY PERIOD. FIBERON EXCLUDES AND WILL NOT PAY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN NO EVENT, REGARDLESS OF THE GOODS BASIS OF ANY CLAIM OR SERVICESLIABILITY, SHALL FIBERON BE LIABLE FOR ANY DAMAGES, OF ANY NATURE OR DESCRIPTION WHATSOEVER, EXCEEDING, AND ANY LIABILITY SHALL BE LIMITED TO, THE ACTUAL PURCHASE PRICE OF THE DEFECTIVE PRODUCT AS ADJUSTED ON THE BASIS OF THE PRORATED WARRANTY SCHEDULE PROVIDED HEREIN.

Appears in 1 contract

Samples: Limited Warranty

Limited Warranty. Subject to the limitations contained in Section 8 herein, Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller sold hereunder will be free from defects in materials or material and workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service providedWarranty Period set forth below. Seller warrants its Good(s) only to the original Buyer (“Warranty”). Additionally, in the foregoing warranties will apply until the expiration of the applicable warranty period. event that Goods are warranted manufactured based upon Buyer’s designs or specifications or are not installed in accordance with Seller’s instructions or guidelines, Buyer accepts the Goods “As Is, With All Faults.” The Warranty in this Section is in lieu of and excludes all other warranties, express or implied, by operation or law or otherwise, including but not limited to THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE (WHETHER KNOWN TO SELLER OR NOT). All other such warranties are hereby expressly disclaimed by Xxxxxx and waived by Xxxxx. Without limiting the foregoing, Seller does not warrant that the goods will be suitable for the earlier Buyer’s specific needs, will work in any particular environment, will perform without interruption or be error free, or will work in conjunction with Buyer’s equipment. If Xxxxx makes a warranty claim, written notice of twelve claimed defect must be given to Seller within thirty (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety (9030) days from the date any such defect is first discovered, or in the exercise of shipment or completion reasonable care should have been discovered. In no event whatsoever may a claim be made later than thirty (30) days following the end of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable 12-month warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and Buyer shall be at Buyer’s expense. Seller shall deemed to have waived any claim not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety made within thirty (9030) days from when the replacement datedefect is first discovered or in the exercise of reasonable care should have been discovered. The Good or parts claimed to be defective must be returned to Seller, accompanied by a Return Material Authorization (RMA) issued by Seller’s facility responsible for supplying Goods, with transportation prepaid by Xxxxx, and must include a detailed description of the claimed defect. If a warranty claim is valid, Seller shall pay reasonable one-way costs of transportation of the defective Goods from either the original destination or the location where defect occurred, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and closest to Seller’s sole and exclusive obligation for a breach facility. Should any of any warranty shall be for the Goods fail to conform with the foregoing Warranty during the Warranty Period, Seller to re-perform the Servicesshall, at its discretion, either (a) repair or replace the Goods, subject or (b) provide Buyer with a credit equal to the limitations set forth in Section 8(a) hereinprice paid by Buyer for the Goods. THE WARRANTIES THIS SHALL BE BUYER’S SOLE AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS EXCLUSIVE REMEDY AND BUYER SHALL NOT BE ENTITLED TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY DAMAGES REGARDLESS OF THE GOODS NATURE OF BUYER’S CLAIM, BE IT IN CONTRACT, WARRANTY, TORT OR SERVICESOTHERWISE. Further, the Seller’s warranty on the Goods is void in the event the Goods are not properly (i) used, stored, handled, installed and maintained and (ii) de-installed, packed and shipped back to Seller by Buyer. If the Warranty return is “No Fault Found,” the Buyer is responsible for any RMA evaluation and return shipping charges. Under no circumstances shall Seller be liable for removal of Seller’s Goods from Buyer’s equipment or re-installation into Buyer's equipment. No person including any agent, distributor, or representative of Seller is authorized to make any additional or different representation or warranty on behalf of Seller concerning any Goods manufactured by Seller. The remedies of Buyer with respect to the Warranty are exclusive and in lieu of any and all remedies available under applicable law. This Section shall survive the expiration or termination of any agreement between the Buyer and Seller.

Appears in 1 contract

Samples: Customer Terms and Conditions

Limited Warranty. Subject Skyward warrants to the limitations contained in Section 8 herein, Seller warrants Licensee that the licensed firmware embodied Skyward Products, when used in accordance with the Goods will execute the programming instructions provided user documentation furnished by SellerSkyward, and that the Goods manufactured by Seller will be free from of defects in materials or and workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation perform, in all material respects, substantially in accordance with Skyward’s current published specifications. Except for the particular Service provided. Additionallyforegoing, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods no warranties, express or implied, are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment provided by Seller. Services are warranted for a period of ninety (90) days from the date of shipment or completion of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longerSkyward. This limited warranty is extends only to Licensee as the only warranty made by Selleroriginal licensee. BuyerLicensee’s sole and exclusive remedy and Sellerthe entire liability of Skyward under this limited warranty will be, at Skyward’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the Servicesoption, repair or replace replacement of the GoodsSkyward Products. In no event does Skyward warrant that the Skyward Products will be error free or that Licensee will be able to operate the Skyward Products without temporary problems or interruptions. This limited warranty does not apply if Licensee has failed to pay the Initial Fees and Annual Fees due under the terms of this Agreement or if the Skyward Product: (i) is in the form of a back-up copy created by Licensee in accordance with the terms of this Agreement, subject (ii) has been altered in any way, except by Skyward, (iii) has not be installed, operated, repaired, or maintained in accordance with instructions and specifications supplied by Skyward, or (iv) has been subjected to the limitations set forth in Section 8(a) hereinabnormal physical or electrical stress, misuse, negligence, or accident. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KINDEXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, ALL EXPRESS OR IMPLIEDIMPLIED CONDITIONS, AS TO REPRESENTATIONS, AND WARRANTIES INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT PURPOSE, ARE HEREBY EXCLUDED TO ANY OF THE GOODS OR SERVICESEXTENT ALLOWED BY APPLICABLE LAW.

Appears in 1 contract

Samples: Software License Agreement

Limited Warranty. Subject to the limitations contained in Section 8 herein, Seller warrants We warrant that the licensed firmware embodied in the Goods will execute the programming instructions provided by Sellerequipment, and that the Goods manufactured by Seller machinery, or materials we sold to you will be free from defects in materials material and workmanship, and that they will perform in accordance with the statements as outlined in your order to the extent we agreed to them in our acknowledgment of your order. However, we do not warrant component parts, which are subject to normal wear and tear or are designed to be replaced or renewed as part of the routine maintenance of the machinery. Our obligations under this Limited Warranty are limited however, to replacing but not installing, free carrier (FCA) at our designated facility, the replacement part or parts in which substantial defects in material or workmanship shall appear under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration service within one (1) year of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen shipment. Our obligations under this Limited Warranty only apply if the machinery is kept properly maintained and is operated in accordance with our instructions and established engineering practice. Also, if you wish to make a claim under this Limited Warranty, you must notify us in writing of the existence of a defect within ten (18) months from the date of shipment by Seller. Services are warranted for a period of ninety (9010) days from after the date defect appears. At our choice, any parts replaced under this Limited Warranty become our property, and you promise that you will follow our instructions regarding the disposition of shipment any parts that are replaced, whether that includes returning such parts to us or completion discarding such parts. If you are unable to make the equipment perform as it should, you must immediately notify us. Your notification should include a description of the Servicesdifficulties you encountered with the equipment. Products purchased by Seller from a third party for resale You promise to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making give us a reasonable commercial effort amount of time to arrange for procurement assist you in making the equipment work satisfactorily. You also promise to provide all possible amicable assistance in order to make the equipment work satisfactorily. You agree that we will not be charged for, or held responsible for, any alterations or repairs made to the machinery unless you first obtained our written consent and shipping of the Resale Productsapproval in advance. If Buyer discovers the equipment cannot be made to fulfill the warranty, we will reload the equipment on the carrier and pay the freight for returning the shipment. You promise not to hold us liable for any warranty defectsdamages, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear expenses of unloading and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handlingreloading, or any other cause not the fault of Seller are not covered by this limited warrantyfreight from our location to you. THIS LIMITED WARRANTY IS GIVEN ONLY TO YOU, and shall be at Buyer’s expenseAND DOES NOT EXTEND TO ANY SUBSEQUENT BUYER OR TRANSFEREE OF OUR PRODUCTS. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantlingYOU AGREE THAT UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY CONTINGENT, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement dateINCIDENTAL, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the ServicesOR CONSEQUENTIAL DAMAGES, repair or replace the GoodsINCLUDING BUT NOT LIMITED TO ANY LOSS OF TIME, subject to the limitations set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES LOSS OF GOOD WILL, LOSS OF PROFITS, ANY KINDDAMAGE TO GOODS BEING PRODUCED, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO COSTS OR EXPENSES OF ANY KIND OR NATURE RESULTING FROM A BREAKAGE, BREAKDOWN OR MALFUNCTIONING OF ANY OF THE GOODS PRODUCTS OR SERVICESEQUIPMENT SOLD TO YOU BY US.

Appears in 1 contract

Samples: Sales Contract

Limited Warranty. Subject to the limitations contained This Limited Warranty by Segway covers only defect(s) in Section 8 herein, Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller will be free from defects in materials material or workmanship of the Product under normal use that may exist at the time when it is sold by Segway, and care and Services will be performed the Limited Warranty by trained personnel using proper equipment and instrumentation for Segway shall not apply to any defect, defective condition and/or damages to the particular Service providedProduct that is caused by another person or you after it is sold by Segway. Additionally, the foregoing warranties will The Limited Warranty does not apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety (90) days from the date of shipment or completion of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, tear and/or deterioration associated with use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not Product. In the event that a defect covered by this limited warrantyLimited Warranty occurs, Segway and/or other Segway Parties (as applicable) in its sole discretion will repair or replace defective Product in accordance with this Limited Warranty. The applicable Limited Warranty Period commences on the first date that a new Product is purchased from an authorized retailer of the Product. This warranty gives you specific legal rights, and shall be at Buyer’s expenseif you are a consumer in the United States of America, you may also have other rights which vary from State to State. Seller shall not be obligated to pay any costs Name of the Component Limited Warranty Period Frame Controller Wheel hub motort Central compartment Rotating shaft component Wiring Hall plate Foot pad touch switch 1 Year Battery charger Battery assembly Wheel hub lighting board 180 Days Wheel hub decorative cover Wheel hub uniform light cover Fender assembly Central compartment cover Button Central compartment screw plug Front & rear decorative strip Knee control and foam pad Foot pedal & foot pad 90 Days The parts repaired or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and replaced under the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty Limited Warranty are covered only for the remainder of the original warranty period or ninety (90) days from of the replacement dateProduct. THIS LIMITED WARRANTY HEREIN IS THE ONLY EXPRESS WARRANTY APPLICABLE TO PRODUCT AND ITS COMPONENT PARTS, whichever is longerACCESSORIES, AND SERVICE REPAIR. This limited warranty is the only warranty made by SellerSEGWAY AND SEGWAY PARTIES DISCLAIM ALL OTHER EXPRESS WARRANTIES. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the ServicesSEGWAY AND OTHER SEGWAY PARTIES LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, repair or replace the GoodsINCLUDING WITHOUT LIMITATION TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, subject to the limitations set forth in Section 8(a) hereinWHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS FOREGOING LIMITATIONS OR WARRANTIES EXCLUSIONS OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT WARRANTY SHALL SUBJECT TO ANY MANDATORY LAW THAT PROHIBITS SUCH EXCLUSION, LIMITATION, RESTRICTION, OR MODIFICATION OF WARRANTY. FOR ANY WARRANTY THAT MAY APPLY HEREIN ON THE GOODS GROUND THAT SUCH WARRANTY IS MANDATED BY LAW AND CANNOT BE EFFECTIVELY EXCLUDED, RESTRICTED OR SERVICESMODIFIED BY THE FOREGOING DISCLAIMER, THE DURATION OF ITS APPLICABILITY SHALL BE THE PERIOD PROVIDED BY THE LIMITED WARRANTY HEREIN OR THAT REQUIRED BY THE APPLICABLE COUNTRY/STATE LAW, WHICHEVER IS SHORTER. SOME COUNTRIES/STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. (TO NEW JERSEY CONSUMERS, THIS PARAGRAPH SHALL NOT APPLY TO YOU.)

Appears in 1 contract

Samples: Limited Warranty and Arbitration Agreement

Limited Warranty. Subject to the limitations contained in Section 8 6 herein, Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller will be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the The foregoing warranties will apply until the expiration of the applicable warranty period. period as follows: (i) Goods are warranted for the earlier of thirty six (36) months (i.e., TD80 tank gauges), (ii) twenty four (24) months (i.e., Visi-OIL tank gauges), or (iii) twelve (12) months for all other products manufactured by Titan. This warranty does not cover those damages incurred due to corrosion of the wetted parts. Probe failure from the date of initial installation or eighteen corrosion is not covered by this warranty. Visi-ACID probes are warranted for twenty-four (1824) months if the application data sheet is completed and accepted and the Buyer has followed the proper maintenance and cleaning protocols of the probe as outlined in the operating manual. The foregoing periods shall be calculated from the date of shipment by Seller. Consumables and Services are warranted for a period of ninety (90) 90 days from the date of shipment or completion of the Services. Products purchased by Seller from a third party for resale to Buyer (Resale Products) shall carry only the warranty extended by the original manufacturer. Buyer Xxxxx agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer Xxxxx discovers any warranty defects, Buyer must notify defects and notifies Seller thereof in writing during the applicable warranty period, Seller shall, at its option, correct any errors that are found by Seller in the firmware or Services or repair or replace FOB point of manufacture that portion of the Goods or firmware found by Seller to be defective, or refund the purchase price of the defective portion of the Goods/Services. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by SellerXxxxxx. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement datedays, whichever is longer. This limited warranty is the only warranty made by Seller and can be amended only in a writing signed by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICES.

Appears in 1 contract

Samples: Terms and Conditions of Sale

Limited Warranty. Subject to the limitations contained in Section 8 herein, Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, conform to published specifications and that the Goods manufactured by Seller will be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation material for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from delivery. To the date of initial installation or eighteen (18) months from the date of shipment by extent that Goods incorporate third-party-owned software, Seller shall pass on Seller. Services are warranted for a period of ninety (90) days from the date of shipment or completion of the Services. Products purchased by Seller from a third party for resale 's licensor's warranty to Buyer (“Resale Products”) shall carry only subject to the warranty extended by the original manufacturerterms and conditions of Seller's license. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or Warranty repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty warranted for the remainder of the original warranty period or ninety (90) period. Xxxxx shall report defect claims in writing to Seller immediately upon discovery, and in any event, within the warranty period. Buyer must return Goods to Seller within 30 days from the replacement date, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and of Seller’s receipt of a warranty claim notice and only after receiving Seller’s Return Goods Authorization. Seller shall, at its sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the Servicesoption, repair or replace the Goods. If Goods were repaired, subject altered or modified by persons other than Seller, this warranty is void. Conditions resulting from normal wear and tear and Buyer's failure to properly store, install, operate, handle or maintain the Goods are not within this warranty. Repair or replacement of Goods is Seller’s sole obligation and Xxxxx's exclusive remedy for all claims of defects. If that remedy is adjudicated insufficient, Seller shall refund Buyer's paid price for the Goods and have no other liability to Buyer. All warranty repairs must be performed at Seller’s authorized service center using parts approved by Seller. Buyer shall pay costs of sending Goods to Seller on a warranty claim and Seller shall pay costs of returning Goods to Buyer. The turnaround time on repairs will usually be 30 working days or less. Seller accepts no added liability for additional days for repair or replacement. If Seller offers technical support relating to the limitations set forth in Section 8(a) hereinGoods, such support shall neither modify the warranty nor create an obligation of Seller. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVEBuyer is not relying on Seller’s skill or judgment to select Goods for Buyer’s purposes. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KINDSeller’s software, if included with Goods, is sold as is, and this warranty is inapplicable to such software. SELLER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AS TO INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICESPURPOSE, TITLE AND NONINFRINGEMENT.

Appears in 1 contract

Samples: Terms and Conditions of Sale

Limited Warranty. Subject to the limitations contained in Section 8 herein, Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods All products manufactured by Seller will be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation WIRELESS LINK for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services HIGHWAYMASTER are warranted for a period of ninety (90) days [Text has been omitted pursuant to a request for confidential treatment. The omitted material has been filed separately with the SEC.] from the date of shipment activation or completion [Text has been omitted pursuant to a request for confidential treatment. The omitted material has been filed separately with the SEC.] from the date of manufacture, whichever comes first. WIRELESS LINK warrants to HIGHWAYMASTER all products manufactured will conform to the Modified Wireless Product Specifications contained in Attachment A and the Product and Quality specifications contained in Attachment D hereto and to be free of defects in workmanship and material. The date of manufacture will be determined by the date code contained within the serial number of the ServicesModule or the date of first installation listed in HIGHWAYMASTER'S customer database. Products purchased Warranty claims will be handled by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only HIGHWAYMASTER'S Warranty department and will be coordinated with the warranty extended WIRELESS LINK repair center by the original manufacturermutual Agreement. Buyer agrees that Seller has no WIRELESS LINK'S liability for Resale Products beyond making a reasonable commercial effort claims of warranty is limited to arrange parts and labor to repair, or at WIRELESS LINK'S option, replacement of any defective component or components. HIGHWAYMASTER will provide supporting documentation for procurement retrieval costs. WIRELESS LINK shall not be liable under this warranty if testing and shipping of examination by HIGHWAYMASTER or WIRELESS LINK discloses that the Resale ProductsModified Wireless Product has been modified or altered in any manner after it was shipped by WIRELESS LINK. If Buyer discovers Additionally, WIRELESS LINK shall not be liable under this warranty if testing and examination by WIRELESS LINK discloses that the alleged defect in such Modified Wireless Product does not exist or was caused by HIGHWAYMASTER'S or any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, third person's misuse, neglect, improper installationinstallation or testing, modification, unauthorized attempts to repair, use of unauthorized replacement parts, storage or handling, or any other cause beyond the range of intended use, or by accident, fire or other hazard. Due to the nature of HIGHWAYMASTER'S customers, it is necessary to replace a suspected failure with a known good (refurbished) unit prior to receipt of the suspect failure. This replacement unit will come from a pool of returned and repaired units inventoried by HIGHWAYMASTER. In order to keep this pool as small as possible, WIRELESS LINK agrees that it will repair or replace all units returned to WIRELESS LINK under warranty within two (2) weeks of receipt by WIRELESS LINK. RESTRICTED PROPRIETARY INFORMATION The information contained herein is for the use of authorized employees of the parties and their affiliates hereto only and is not for general distribution within or distribution outside their respective companies except by written agreement. The parties acknowledge that certain costs accrue to HIGHWAYMASTER in response to customer requests relating to failures under warranty. The parties anticipate that failures under warranty for any given [Text has been omitted pursuant to a request for confidential treatment. The omitted material has been filed separately with the fault SEC.] shall not exceed [Text has been omitted pursuant to a request for confidential treatment. The omitted material has been filed separately with the SEC.] of Seller the units manufactured in the initial [Text has been omitted pursuant to a request for confidential treatment. The omitted material has been filed separately with the SEC.] and thereafter not to exceed [Text has been omitted pursuant to a request for confidential treatment. The omitted material has been filed separately with the SEC.] of the units manufactured. In the event failures under warranty in the initial [Text has been omitted pursuant to a request for confidential treatment. The omitted material has been filed separately with the SEC.] exceed [Text has been omitted pursuant to a request for confidential treatment. The omitted material has been filed separately with the SEC.] of units manufactured in that period or failures subsequent to the [Text has been omitted pursuant to a request for confidential treatment. The omitted material has been filed separately with the SEC.] exceed [Text has been omitted pursuant to a request for confidential treatment. The omitted material has been filed separately with the SEC.] of the units manufactured in such subsequent period, WIRELESS LINK agrees to replace, at WIRELESS LINK'S cost, all units in excess of the [Text has been omitted pursuant to a request for confidential treatment. The omitted material has been filed separately with the SEC.] during the initial [Text has been omitted pursuant to a request for confidential treatment. The omitted material has been filed separately with the SEC.] and in excess of [Text has been omitted pursuant to a request for confidential treatment. The omitted material has been filed separately with the SEC.] in the period following the initial [Text has been omitted pursuant to a request for confidential treatment. The omitted material has been filed separately with the SEC.] with new units or to repair the excess returned units and credit HIGHWAYMASTER [Text has been omitted pursuant to a request for confidential treatment. The omitted material has been filed separately with the SEC.] of HIGHWAYMASTER'S retrieval cost of the returned unit; provided, however, that the retrieval cost shall not exceed [Text has been omitted pursuant to a request for confidential treatment. The omitted material has been filed separately with the SEC.] per Unit without the written agreement of each party hereto. Units returned for repair more than two times within the warranty period are to be scrapped at WIRELESS LINK'S expense and WIRELESS LINK shall provide HIGHWAYMASTER with a new Unit free of charge. WIRELESS LINK agrees to deliver, freight prepaid, to HIGHWAYMASTER'S customers' location, any product repaired or replaced pursuant to this warranty. HIGHWAYMASTER will instruct the user to return, at WIRELESS LINK'S expense, any such defective products to WIRELESS LINK'S facility. If practical, HIGHWAYMASTER agrees to notify WIRELESS LINK before such products are returned so that WIRELESS LINK may elect either to repair such products on location at the users facility or at its own manufacturing facility. When an In-warranty return is received at WIRELESS LINK, a credit will be issued to HIGHWAYMASTER. When the unit is repaired or replaced, a debit will be issued to HIGHWAYMASTER. WIRELESS LINK shall not be liable under this warranty with respect to any Modified Wireless Product that is not returned in its original shipping container RESTRICTED PROPRIETARY INFORMATION The information contained herein is for the use of authorized employees of the parties and their affiliates hereto only and is not for general distribution within or distribution outside their respective companies except by written agreement. or a functionally equivalent container or that has not been packaged for return shipment in the manner described in the instructions, if any, set forth in the WIRELESS LINK shipping guidelines. If WIRELESS LINK'S testing and examination does not disclose a defect warranted under this Agreement, Wireless shall so advise HIGHWAYMASTER in writing and provide evidence of no warranted defects and dispose of such Modified Wireless Product in accordance with HIGHWAYMASTER'S instructions and at HIGHWAYMASTER'S cost. Prior to shipment of any Units back to WIRELESS LINK, HIGHWAYMASTER will conduct a functional test. NO WARRANTY IS MADE OR IMPLIED AS TO SUITABILITY FOR ANY PARTICULAR INTENDED USE. NO WARRANTY IS PROVIDED FOR DAMAGES DUE TO SHIPPING, INSTALLATION, ENVIRONMENTAL CONDITIONS OUTSIDE OF DESIGN SPECIFICATIONS OR ABUSE BY THE USER IN WHICH CASE WIRELESS LINK WILL NOTIFY HIGHWAYMASTER OF FREIGHT AND REPAIR CHARGES IN ADVANCE OF INCURRING REPAIR COSTS. THERE ARE NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, EXCEPT AS EXPRESSLY STATED HEREIN. WIRELESS LINK will establish and maintain a repair depot for the repair of units built by WIRELESS LINK. This operation will remain available for a minimum of eighteen (18) months beyond the production of the last built model or revision of that unit. Pricing for repair of products not covered by this limited warranty (out-of warranty, and shall ) will be pre-negotiated at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses such work is required. Any out of Seller’s personnel and representatives warranty repair work by WIRELESS LINK will be warranted for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever days. Failure data is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole to be shared between HIGHWAYMASTER and exclusive remedy and Seller’s sole and exclusive obligation for WIRELESS LINK in a breach of timely manner to insure any warranty shall corrective action that may be for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICESrequired can be implemented promptly.

Appears in 1 contract

Samples: Manufacturing Agreement (Highwaymaster Communications Inc)

Limited Warranty. Subject to the limitations contained in Section 8 herein, Seller Company warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods manufactured by Seller will be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration a period of the applicable warranty period. Goods are warranted for the earlier of twelve (12) 12 months from the date of initial installation or eighteen substantial completion (18“Warranty Period”) months from commercial equipment manufactured and installed by Company against failure due to defects in material and manufacture and that the labor/labour furnished is warranted to have been properly performed (the "Limited Warranty"). Trane equipment sold on an uninstalled basis is warranted in accordance with Company’s standard warranty for supplied equipment. Product manufactured by Company that includes required startup and is sold in North America will not be warranted by Company unless Company performs the product start-up. Substantial completion shall be the earlier of the date of shipment by Seller. Services are warranted that the Work is sufficiently complete so that the Work can be utilized for a period of ninety (90) days from its intended use or the date of shipment or completion that Customer receives beneficial use of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale ProductsWork. If Buyer discovers any warranty defectssuch defect is discovered within the Warranty Period, Buyer Company will correct the defect or furnish replacement equipment (or, at its option, parts therefor) and, if said equipment was installed pursuant hereto, labor/labour associated with the replacement of parts or equipment not conforming to this Limited Warranty. Defects must notify Seller thereof in writing during be reported to Company within the applicable warranty periodWarranty Period. All replacements Exclusions from this Limited Warranty include damage or repairs necessitated by inadequate maintenance, normal failure arising from: wear and usagetear; corrosion, unsuitable power sources or environmental conditionserosion, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause deterioration; Customer's failure to follow the Company-provided maintenance plan; refrigerant not the fault of Seller are not covered supplied by this limited warranty, Trane; and shall be at Buyer’s expensemodifications made by others to Company's equipment. Seller Company shall not be obligated to pay any costs for the cost of lost refrigerant. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or charges incurred cancellation of this Agreement. No warranty liability whatsoever shall attach to Company until the Work has been paid for in full and then said liability shall be limited to the lesser of Company’s cost to correct the defective Work and/or the purchase price of the equipment shown to be defective. Equipment, material and/or parts that are not manufactured by Buyer or any other party except Company are not warranted by Company and have such warranties as may be agreed upon in writing in advance extended by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) hereinrespective manufacturer. THE WARRANTY AND LIABILITY SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS LIABILITIES, WHETHER IN CONTRACT OR WARRANTIES OF ANY KINDIN NEGLIGENCE, EXPRESS OR IMPLIED, AS TO MERCHANTABILITYIN LAW OR IN FACT, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. COMPANY MAKES NO REPRESENTATION OR WARRANTY EXPRESS OR IMPLIED REGARDING PREVENTION BY THE WORK, OR ANY COMPONENT THEREOF, OF MOLD/MOULD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICES.CONTAMINATES. COMPANY

Appears in 1 contract

Samples: Contract for Hvac Ventilator Replacement

Limited Warranty. Subject to the limitations contained in Section 8 herein, Seller warrants that the licensed firmware embodied in product manufactured and the Goods will execute the programming instructions service provided by Seller, and that the Goods manufactured by Seller will it shall be free from material defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation material for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration a period of the applicable warranty period. Goods are warranted for the earlier of twelve (12) six months from the date of initial installation delivery as described above. Should any failure to conform to this warranty arise within said period, Seller shall, upon prompt notification thereof and provided that the product has been stored and handled in accordance with good industry practice and with any specific Seller recommendation, correct such nonconformity by furnishing a replacement product, F.O.B., shipment point, or, at its option, by reworking the defective product, or, at its option, pay replacement cost up to 3 times the treatment cost of part in question. Items repaired or eighteen (18) months from the date of shipment by Seller. Services replaced and designs corrected under warranty are warranted for a period of ninety (90) days from the date of shipment or completion of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longerperiod. This Sellers’s limited warranty is the only warranty made obligations hereunder shall not apply to issues arising out of work performed by Seller. Buyerothers upon, or in connection with, Xxxxxx’s sole product without Sellers’s expressed written consent and exclusive remedy and Seller shall not be liable or responsible for any back- charges for such work performed by others upon, or in connection with Seller’s sole product. In no case may authorized back-charges exceed the purchase price of the specific products and exclusive obligation for a breach part on which back-charges were requested. In no case may authorized back-charges exceed three times the purchase price of any warranty shall be for Seller to rethe specific treatments of the parts on which back-perform the Services, repair or replace the Goods, subject to the limitations set forth in Section 8(a) hereincharges were requested. THE FORGOING WARRANTIES ARE EXCLUSIVE AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES IN LIEU OF ANY KINDALL OTHER WARRANTIES, EXPRESS WETHER WRITTEN OR IMPLIED, IN FACT, OR IN THE LAW. Shortages must be reported in writing to Seller within ten days of receipt of material, otherwise shipment is presumed to be in accordance with pill of landing and packing list. IN NO EVENT, SHALL SELLER, ITS EMPLOYEES, SUBCONTRACTORS OR ITS VENDORS BE LIAVBLE IN CONTRACT, TORT, STRICT LIABILITY, WARRANTY OR OTHERWISE FOR ANY SPECIAL, INDIRECT, INCIDENTIAL, OR CONSEQUENTIAL DAMAGES, SUCH AS TO MERCHANTABILITYBUT NOT LIMITED TO, FITNESS FOR PARTICULAR PURPOSE LOSS OF ANTICIPATED REVENUES OR ANY PROFITS, LOSS OF USE OF SYSTEM, NONOPERATION OR INCREASED COST OF OPERATION OR OTHER MATTER WITH RESPECT TO ANY EQUIPMENT OR COST OR CAPITAL, EVEN IF ADVISED ON ADVANCE. The liability of Seller, its representatives, subcontractors or vendors, with respect to this contract or anything done in connection therewith, or from the manufacture, sale, delivery, resale, and technical direction covered by this contract, whether in contract, in tort, in warranty, in strict liability or otherwise, shall not exceed the purchase price on the contract. No action arising of any claimed breach of this agreement or transaction under this agreement may be brought by Buyer more than three months after the cause of action has accrued. THE REMEDIES OF THE GOODS OR SERVICESBUYER SET FORTH IN THIS DOCUMENT ARE EXCLUSIVE, THE PARTIES ACKNOLEDGE THAT THE LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION ARE A FUNDAMENTAL AND INTEGRAL PART OF THE BASIS OF EACH PARTY’S BARGAIN HEREUNDER, AND SELLER WOULD NOT ENTER INTO THIS AGREEMENT ABSENT SUCH LIMITATIONS.

Appears in 1 contract

Samples: Sales Contracts

Limited Warranty. Subject to the any and all limitations contained in this agreement (including but not limited to this Section 8 herein7.1 and 7.2), Seller warrants that the licensed firmware embodied in the Goods will execute the programming instructions provided by Seller, and that the Goods any new Equipment manufactured by Seller will and sold hereunder shall be free from defects in materials or material and workmanship under normal use at the time of delivery, and care and Services will the period of such warranty herewith shall be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve ninety (1290) months days from the date of initial installation delivery of the Equipment. Seller will repair or eighteen (18) months from replace any part of the date of shipment equipment which proves defective upon written or faxed notice by Seller. Services are warranted for Buyer to Seller made within a period of ninety (90) days from the date of shipment delivery when such defects are due to defective materials manufactured by Seller or completion defective workmanship of its employees. This warranty shall not extend to misuse of the Services. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuseequipment, improper installation, modification, repair, use maintenance of unauthorized replacement parts, storage or handlingequipment, or any defects or damages to the equipment due to installation by anyone other cause not the fault of Seller are not covered than by this limited warranty, and shall be at Buyer’s expenseSeller. Seller shall not be obligated to pay any costs or responsible for charges incurred by Buyer Purchaser in removing and/or remodeling any portion of the equipment to be returned to Seller at purchaser's expense for repair or any other party except as may be agreed upon in writing in advance replacement. At all times, Seller shall have and possess the sole right and option to determine whether to repair or replace defective equipment. Machinery, parts, and accessories manufactured by Seller. All costs of dismantlingothers, reinstallation including without limitation, manufacture indicating, recording or controlling apparatus, freezer, safeguard equipment, pumps, valves and freight and motors are warranted only to the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder extent of the original manufacturer's warranty period or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made by to Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty Furthermore, the foregoing Limited Warranty shall not be for Seller deemed to re-perform extend to expandable components. Except as provided in the Servicesforegoing, repair or replace the Goods, subject to the limitations set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. BUYER ACKNOWLEDGES THAT THERE ARE NO REPRESENTATIONS WARRANTIES FOR NEW OR WARRANTIES USED EQUIPMENT WITH RESPECT TO THE CONDITION, PERFORMANCE OR ANY OTHER ASPECT THEREOF; THE EQUIPMENT IS SOLD "AS IS" AND SELLER MAKES NO WARRANTY OF ANY KIND, EXPRESS EXPRESSED OR IMPLIED, AS INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, IMPLIED WARRANTIES OR MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICESPURPOSE. No agent, employee or representative of Seller has the authority to bind Seller to any affirmation, representation or warranty relating to the Equipment or to the use of the Equipment.

Appears in 1 contract

Samples: Equipment Lease Agreement (Floridinos International Holdings Inc)

Limited Warranty. Subject to the limitations contained in of Section 8 herein6, Seller warrants that it will perform the licensed firmware embodied Work as described in this Agreement and will exercise all reasonable skill, care and due diligence in the Goods will execute performance of the programming instructions provided Work and shall perform the Work in accordance with professional practice. Seller warrants that all Work performed shall be free from faulty workmanship for a period of thirty (30) days from completion of Work. To the extent assignable, Seller assigns to Buyer any warranties that are made by manufacturers and suppliers of goods and parts. For goods manufactured by Seller, Seller's standard warranty that is applicable to the goods at the time of purchase is the only warranty applicable to the sale of Seller's goods and that the Goods its terms, conditions and limitations are incorporated by reference herein. For parts manufactured by Seller will be free from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. AdditionallyWork that is a Modification, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve shall be one (121) months from the date of initial installation or eighteen (18) months year from the date of shipment of such by Seller. Services are warranted for a period of ninety (90) days from the date of shipment A “Modification” is integrating new controls and/or switchgear components into existing switchgear or completion of the Servicesupgrading an automatic transfer switch with new components or accessories. Products purchased by Seller from a third party for resale EXCEPT AS SPECIFIED ABOVE, GOODS AND PARTS NOT MANUFACTURED BY SELLER ARE FURNISHED HEREUNDER ARE FURNISHED AS- IS, WHERE-IS, WITH NO WARRANTY WHATSOEVER. THE WARRANTY SET FORTH IN THIS SECTION 5 AND THE WARRANTY SET FORTH IN SECTION 7 ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY SELLER WITH RESPECT TO THE WORK AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHETHER OR NOT THE PURPOSE OR USE HAS BEEN DISCLOSED TO SELLER IN SPECIFICATIONS, DRAWINGS OR OTHERWISE. This warranty does not extend to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort any losses or damages due to arrange for procurement and shipping of the Resale Products. If Buyer discovers any warranty defectsmisuse, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenanceaccident, abuse, neglect, normal wear and usagetear, negligence (other than Seller's), unauthorized modification or alteration, use beyond rated capacity, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, maintenance or application or any other cause not the fault of Seller. To the extent that Buyer or its agents have supplied specifications, information, representation of operating conditions or other data to Seller are not covered by this limited warrantythat is used in (i) the selection of the Work and (ii) the preparation of Seller's quotation and/or scope of work, and in the event that actual operating conditions or other conditions differ from those represented by Buyer, any warranties or other provisions contained herein that are affected by such conditions shall be at Buyer’s expensenull and void. Seller shall not be obligated Buyer assumes all other responsibility for any loss, damage, or injury to pay any costs persons or charges incurred by Buyer property arising out of, connected with, or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days resulting from the replacement dateuse of Work, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the Services, repair either alone or replace the Goods, subject to the limitations set forth in Section 8(a) herein. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICEScombination with other goods or services.

Appears in 1 contract

Samples: Terms and Conditions of Sale

Limited Warranty. Subject to Unless Seller expressly indicates in writing that the limitations contained Products are sold “AS IS,” without warranty of any kind, or otherwise on warranty terms that are different from those set forth in this Section 8 herein9, Seller warrants that the licensed firmware embodied its products furnished under this Agreement will conform to and perform in the Goods will execute the programming instructions provided by accordance with Seller, and that the Goods manufactured by Seller will be free from defects 's published specifications for such products as in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from effect on the date of shipment by Seller. Services are warranted (within the deviations specified therein) for a period of ninety (90) days from the date such date. Seller's liability and Xxxxx's sole remedy under this warranty is limited to repair or replacement of shipment or completion items determined by Seller to be defective or, at Seller's sole option, refund of the Servicespurchase price paid Seller for such items. Products purchased Seller shall have no liability under this warranty unless Seller is notified in writing promptly upon Xxxxx's discovery of the defect and the defective items are returned to Seller, freight prepaid, and received by Seller from a third party for resale to Buyer not later than ten (“Resale Products”10) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping days after expiration of the Resale Products. If Buyer discovers any warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements This warranty shall not apply to any defect or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misusefailure to perform resulting from misapplication, improper installation, modificationimproper operation, repair, use of unauthorized replacement parts, storage or handlingincompatible drivers, or any other cause not the fault of Seller are not covered by this limited warrantyabuse or contamination, whether internal or external, and shall be at Buyer’s expense. Seller shall have no liability of any kind for failure of any equipment or other items in which the products are incorporated or for failure of the products caused by goods and services not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance supplied by Seller. All costs This warranty shall not apply to products manufactured by Seller to Buyer's designs or customized specifications, and such non- standard products are sold “AS IS” and without warranty of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer any kind unless accepted otherwise specifically agreed to in writing by Seller. Goods repaired and parts replaced by Seller during the warrants to Buyer that services provided hereunder will be performed in a reasonable, workmanlike manner. Seller will have no liability under this warranty period shall be in warranty for the remainder unless Seller is given written notice of the original warranty period or claimed breach and a description thereof within ninety (90) days from after the replacement date, whichever service is longerrendered. This limited warranty is the only warranty made by Seller. Buyer's entire liability and Xxxxx’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any under this warranty shall be for Seller to re-perform the Services, repair or replace the Goods, subject limited to the limitations set forth provision of such remedial or replacement services as Seller reasonably determines necessary to correct the breach. Remedies of Buyer for any breach of warranty are limited to those provided herein to the exclusion of all other remedies, including, without limitation, incidental or consequential damages. No warranty or agreement varying or extending the foregoing warranty and limitation of remedy provisions may be relied upon by Xxxxx unless it is in Section 8(a) hereinwriting and signed by the President or a Vice President of Seller. THE WARRANTIES AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVENo representation or affirmation of Seller, whether by words or action, shall be construed as a warranty. THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KINDIf any model or sample was shown to Buyer, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICESsuch model or sample was used merely to illustrate the general type and quality of the products and not to represent that the products would necessarily conform to the model or sample.

Appears in 1 contract

Samples: Sales Terms and Conditions

Limited Warranty. Subject WebGain warrants that: (a) it has the right to grant the licenses granted in this Agreement. Licensee's sole and exclusive remedy with respect to the limitations contained foregoing warranty shall be to seek indemnification in accordance with Section 8 herein6.0, Seller warrants "Indemnification." (b) the Development Software and Runtime Software will perform substantially in compliance with the Documentation. WebGain's sole obligation and liability for breach of this warranty shall be to provide the Support Services described in Exhibit D of this Agreement or, if during the first sixty (60) days after the Effective Date, WebGain determines either that (i) the licensed firmware embodied in Development Software or Runtime Software cannot be corrected with the Goods Support Services or (ii) Licensee cannot utilize the Runtime Software as part of the Product, shall return to Licensee all fees; actually paid by Licensee hereunder and the Agreement and all rights granted hereunder with respect to the Licensed Software will execute terminate and Licensee will have no further payment obligations under this Agreement. (c) the programming instructions provided by Seller, and that media on which the Goods manufactured by Seller Deliverables is distributed will be free fee from defects in materials or workmanship under normal use and care and Services will be performed by trained personnel using proper equipment and instrumentation for the particular Service provided. Additionally, the foregoing warranties will apply until the expiration of the applicable warranty period. Goods are warranted for the earlier of twelve (12) months from the date of initial installation or eighteen (18) months from the date of shipment by Seller. Services are warranted for a period of ninety sixty (9060) days from the date of shipment it is received by Licensee. WebGain does not warrant that the Deliverables, as provided by WebGain hereunder, will meet Licensee's requirements or completion of the Servicesthat their operation will be uninterrupted or error-free. Products purchased by Seller from a third party for resale to Buyer (“Resale Products”) shall carry only the warranty extended by the original manufacturer. Buyer agrees that Seller has no WebGain's sole obligation and liability for Resale Products beyond making a reasonable commercial effort to arrange for procurement and shipping breach of the Resale Products. If Buyer discovers any this warranty defects, Buyer must notify Seller thereof in writing during the applicable warranty period. All replacements or repairs necessitated by inadequate maintenance, normal wear and usage, unsuitable power sources or environmental conditions, accident, misuse, improper installation, modification, repair, use of unauthorized replacement parts, storage or handling, or any other cause not the fault of Seller are not covered by this limited warranty, and shall be at Buyer’s WebGain's option, to promptly, at its expense. Seller shall not be obligated to pay any costs or charges incurred by Buyer or any other party except as may be agreed upon in writing in advance by Seller. All costs of dismantling, reinstallation and freight and the time and expenses of Seller’s personnel and representatives for site travel and diagnosis under this warranty clause shall be borne by Buyer unless accepted in writing by Seller. Goods repaired and parts replaced by Seller during the warranty period shall be in warranty for the remainder of the original warranty period or ninety (90) days from the replacement date, whichever is longer. This limited warranty is the only warranty made by Seller. Buyer’s sole and exclusive remedy and Seller’s sole and exclusive obligation for a breach of any warranty shall be for Seller to re-perform the Services, repair or replace the Goodsdefective media so that it is in compliance with such warranty. WebGain shall have no liability for damage to a Deliverable caused by Licensee, subject to or warranty claims regarding the limitations set forth in Section 8(amedia on which such Deliverable is distributed after the sixty (60) herein. THE WARRANTIES AND REMEDIES day period described above. (d) EXCEPT AS SET FORTH ABOVE ARE EXCLUSIVE. THERE ARE EXPLICITLY HEREIN, WEBGAIN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KINDKIND WITH RESPECT TO THE DELIVERABLES OR SUPPORT SERVICES, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, AS TO WEBGAIN HEREBY EXPRESSLY DISCLAIMS ANY AND ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER WITH RESPECT TO ANY OF THE GOODS OR SERVICESNON-INFRINGEMENT.

Appears in 1 contract

Samples: Software License Agreement (Commerce One Inc / De/)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!