Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor warrants throughout the Term that it will repair structural or mechanical defects in the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days of the occurrence thereof. In any event, the liability of Lessor shall be limited solely to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEE.
Appears in 9 contracts
Samples: Lease Agreement, Modular Equipment Lease Agreement, Lease Agreement
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor Company warrants throughout that: (a) the Term that it will repair structural or mechanical material manufactured by Company and provided to Customer in performance of the Services is free from defects in material and manufacture for a period of 12 months from the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days earlier of the occurrence thereofdate of equipment start-up or replacement; and (b) the labor/labour portion of the Maintenance Services and Additional Work has been properly performed for a period of 90 days from date of completion (the "Limited Warranty"). In Company obligations of equipment start-up, if any eventare stated in the Proposal, are coterminous with the Limited Warranty period. Defects must be reported to Company within the Limited Warranty period. Company’s obligation under the Limited Warranty is limited to repairing or replacing the defective part at its option and to correcting any labor/labour improperly performed by Company. No liability whatsoever shall attach to Company until the Maintenance Services and Additional Work have been paid for in full. Exclusions from this Warranty include claims, losses, damages and expenses in any way connected with, related to or arising from failure or malfunction of Lessor shall be limited solely equipment due to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive following: wear and tear, ; end of life failure; corrosion; erosion; deterioration; Customer's failure to properly maintain follow the HVAC system Company-provided maintenance plan; unauthorized or improper maintenance; unauthorized or improper parts or material; refrigerant not supplied by Trane; and modifications made by others to equipment. Company shall not be obligated to pay for the cost of lost refrigerant or lost product. Some components of equipment manufactured by Company may be warranted directly from the component supplier, in which case this Limited Warranty shall not apply to those components and any warranty of such components shall be the warranty given by such component supplier. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement. Equipment, material and/or failure to provide timely notice to Lessorparts that are not manufactured by Company are not warranted by Company and have such warranties as may be extended by the respective manufacturer. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES FOR WARRANTY CLAIMS PROVIDED HEREINBY COMPANY TO CUSTOMER UNDER THIS AGREEMENT AND ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, LESSOR DISCLAIMS ANY LIABILITIES, CONDITIONS AND ALL WARRANTIESREMEDIES, WHETHER IN CONTRACT, WARRANTY, STATUTE OR TORT (INCLUDING NEGLIGENCE), EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE IN LAW OR REPAIR WORK PERFORMED BY LESSOR IN FACT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. WITHOUT LIMITING THE GENERALITY COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, ENDORSEMENTS OR CONDITIONS OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONSANY KIND, EXPRESS OR IMPLIED, COLLATERALINCLUDING ANY IMPLIED WARRANTIES OF QUALITY, STATUTORY FITNESS, MERCHANTABILITY, DURABILITY AND/OR OTHERWISEOTHERS ARISING FROM COURSE OF DEALING OR TRADE OR REGARDING PREVENTION BY THE SCOPE OF SERVICES, RELATING OR ANY COMPONENT THEREOF, OF MOLD/MOULD, FUNGUS, BACTERIA, MICROBIAL GROWTH, OR ANY OTHER CONTAMINATES. COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY IF THE SCOPE OF SERVICES OR ANY COMPONENT THEREOF IS USED TO PREVENT OR INHIBIT THE SUBJECT MATTER HEREOF EXCEPT GROWTH OF SUCH MATERIALS. THE ENERGY AND BUILDING PERFORMANCE SERVICES ARE PROVIDED ON AN "AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEEIS" BASIS WITHOUT WARRANTIES OF ANY KIND.
Appears in 5 contracts
Samples: Service Agreement, Service Agreement, Service Agreement
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor warrants throughout The Ancillary Products may be “New” or “Used” Ancillary Products. In the Term that it will repair structural or mechanical defects in the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing event of any defectsdefect, malfunctions, or leaks Lessee shall notify Lessor within two (2) business days of the occurrence thereof. Ancillary Products shall be subject to the specific manufacturer's warranty provisions and time period, if any, as applicable to and as available for the Ancillary Products. In any event, the liability of Lessor shall be limited solely to the repairing repair of defects in in, or, the Equipmentreplacement of the Ancillary Products at Lessor’s sole option. Lessor shall have no liability for the repair of any defect or condition resulting from from: Lessee’s relocation of the Equipment, Ancillary Products; utilities connection, ; alteration of the Equipment, Ancillary Products; use of the Equipment Ancillary Products for a purpose for which it was not intended, ; vandalism, ; misuse of the Equipment, Ancillary Products; excessive wear and tear, failure to properly maintain the HVAC system and/or or failure to provide timely notice to LessorLessor of needed repairs or maintenance. The repair of the Equipment Ancillary Products by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREINLESSOR SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LIQUIDATED, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, COSTS OR EXPENSES ARISING FROM THE POSSESSION, USE, OR OPERATION OF ANCILLARY PRODUCTS. LESSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR ANCILLARY PRODUCTS INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE ANCILLARY PRODUCTS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS”. LESSOR MAKES NO REPRESENTATIONS WITH REGARD TO THE USAGE OR CONDITION OF THE ANCILLARY PRODUCTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEE.
Appears in 5 contracts
Samples: Lease Agreement, Lease Agreement, Lease Agreement
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor warrants throughout the Term term of this Lease Agreement that it will repair structural or mechanical defects in the Modular Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days of the occurrence thereof. In any event, the liability of Lessor shall be limited solely to the repairing of defects in the Modular Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Modular Equipment, utilities connection, alteration of the Modular Equipment, use of the Modular Equipment for a purpose for which it was not intended, vandalism, misuse of the Modular Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Modular Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. LESSOR SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LIQUIDATED, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, COSTS OR EXPENSES ARISING IN RELATION TO LESSOR’S LIMITED WARRANTY, OR ANY REPAIRS PERFORMED PURSUANT TO THE LIMITED WARRANTY. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE MODULAR EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEE.
Appears in 5 contracts
Samples: Lease Agreement, Lease Agreement, Lease Agreement
Limited Warranty. 4.2.1 Seller warrants that for a period of [* * *] from the Redelivery Date, whichever comes first, the Aircraft, AFCS and Spares , will be free of defects of material and workmanship (for purposes hereof, defects of material or workmanship shall mean a failure on the part of Seller to conform to generally accepted aircraft maintenance industry practices as prescribed by applicable FAA regulations and manufacturer’s specifications) and Seller will, subject to the terms and conditions set forth below, repair or replace, at Seller’s sole discretion, any Part or component delivered by Seller on the Delivery Date or the Redelivery Date which is defective during the warranty period.
4.2.2 The warranty provided in Clause 4.2.1 does not apply to, and Seller shall not bear any responsibility to repair or replace, any Spare, Part or component rendered unserviceable due to (i) improper storage, use, operation, abuse or negligent acts or omissions of Purchaser or any third party, (ii) failure of Purchaser or any third party to properly install, service, and/or maintain the Spare, Part or component, (iii) the failure of Parts or components not supplied by Seller, (iv) accident or incident or any other causes external to the Spare, Part or component under this warranty and (v) Foreign Object Damage. For purposes of this Section 4.2.2, “third parties” shall not include Seller or any officer, director, member, partner, affiliate, employee, agent, contractor or subcontractor of Seller involved with the use, operation, repair, maintenance, storage, overhaul or other actions required or taken in connection with this Agreement, the Aircraft Modification and Spare Parts Purchase Agreement or the Crew Provisioning Agreement and the warranty contained herein shall cover any of the actions referenced in clauses (i)-(iv) above attributable to any such persons. The warranty provided in Clause 4.2.1 does not apply to, and Seller shall not bear any responsibility to repair or replace, any expendables or consumables, which are items required for normal and routine maintenance or replaced at scheduled intervals shorter than the warranty period, such as long as Lessee timely makes all payments due hereunderengine oil and hydraulic fluid, Lessor warrants throughout the Term that it will repair structural or mechanical defects in the Equipment (excluding HVAC oil filters, fire extinguisherstires, fuses/breakersbrake pads, light bulbspackings and o-rings, anti-corrosion and/or sealing compounds, brush plating material, nuts, bolts, washers, screws, fluids, compounds, and standard aircraft hardware that is readily available to aircraft operators from sources other than Seller.
4.2.3 The warranty period applicable to any Spare, Part or other ordinary course repairs component repaired or maintenance)replaced is the remainder of the warranty period in effect for such Spare, provided that Lessee notifies Lessor Part or component delivered on the Redelivery Date.
4.2.4 Purchaser must discover the unserviceable Spare, Part or component within the warranty period and shall, promptly (and in no event more than 10 days after such discovery or notice thereof to Purchaser) notify the Seller in writing of any defectsthe subject Spare, malfunctionsPart or component. Purchaser, at its own cost and expense shall ship the affected item C.I.F. to Seller’s facility in Central Point, Oregon and shall bare all risk of loss of or leaks damage to the item during shipment. Seller shall ship the repaired or replacement item C.I.F. to Purchaser within two (2) business days the continental United States at Seller’s cost and expense and will bare all risk of loss of or damage to such item during shipment. If Seller determines that the Spare, Part or component shipped to it for warranty repair or replacement was not unserviceable, then Purchaser shall be responsible for the return of the occurrence thereofitem to it FOB Central Point, Oregon at its cost and expense and shall bare all risk of loss of or damage to the item and, further, Purchaser shall pay to Seller for the cost to inspect the item and return it to service at Seller’s then prevailing retail prices charged to customers in the ordinary course of its business. In any event, the liability of Lessor Such payment shall be limited solely to made net no more than thirty (30) days from the repairing date of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from LesseeSeller’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEEinvoice.
Appears in 4 contracts
Samples: Aircraft Purchase Agreement (Erickson Air-Crane Inc), Aircraft Purchase Agreement (Erickson Air-Crane Inc), Aircraft Purchase Agreement (Erickson Air-Crane Inc)
Limited Warranty. For as long as Lessee timely makes In addition to any warranties included in a Services Schedule or SOW, FRT provides the following warranty to Client:
6.1. FRT warrants that (a) it will provide the Services in a competent and workmanlike manner and that the Services will be performed in accordance with the description on the applicable Services Schedule or SOW in all payments due hereundermaterial respects, Lessor warrants throughout and (b) comply with all applicable laws, rules and regulations including data protection and privacy laws in connection with the Term performance of the Services. FRT does not warrant that it will repair structural be able to correct all reported defects of its Services or mechanical defects in the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days of the occurrence thereof. In any event, the liability of Lessor shall be limited solely to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse Services will be uninterrupted or error free. Client must report any deficiency in Services to FRT in writing within thirty (30) days of completion of such applicable portion of the Equipment, excessive wear and tear, failure Services; however if such deficiency pertains to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair a feature of the Equipment by Lessor due to a defect or condition resulting from any Services that cannot be assessed within thirty (30) days of completion of such applicable portion of the preceding causes Services, then Client must report any deficiency in Services to FRT in writing within thirty (30) days of first discovery of the deficiency.
6.2. For any breach of the above warranty of which Client notifies FRT in writing, FRT shall result at no cost to Client, use commercially reasonable efforts to remedy the breach as soon as reasonably practicable, including providing any remedial services necessary to enable the Services to conform to the warranty. Client will provide FRT with a reasonable opportunity to remedy any such breach and reasonable assistance (at request and at no cost to Client) in remedying any defects. Except for any additional charges to Lesseeremedies set forth in any applicable Services Schedule or SOW, the remedies set out in this subsection are Client’s sole remedies for breach of the above warranties. Such remedy shall only apply if the applicable Services have been utilized by Client in accordance with this Agreement, the applicable Services Schedule or SOW and applicable law.
6.3. EXCEPT AS SPECIFICALLY PROVIDED HEREINSET FORTH ABOVE OR IN ANY FULLY EXECUTED SERVICES SCHEDULE OR SOW, LESSOR DISCLAIMS FRT MAKES NO OTHER REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY AND ALL WARRANTIESKIND, EITHER EXPRESS OR IMPLIEDIMPLIED (INCLUDING, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, TITLE OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING), THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEECONNECTION WITH THIS AGREEMENT.
Appears in 3 contracts
Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor Company warrants throughout that: (a) the Term that it will repair structural or mechanical material manufactured by Company and provided to Customer in performance of the Services is free from defects in material and manufacture for a period of 12 months from the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days earlier of the occurrence thereofdate of equipment start-up or replacement; and (b) the labor/labour portion of the Maintenance Services and Additional Work has been properly performed for a period of 90 days from date of completion (the "Limited Warranty"). In Company obligations of equipment start-up, if any eventare stated in the Proposal, are coterminous with the Limited Warranty period. Defects must be reported to Company within the Limited Warranty period. Company’s obligation under the Limited Warranty is limited to repairing or replacing the defective part at its option and to correcting any labor/labour improperly performed by Company. No liability whatsoever shall attach to Company until the Maintenance Services and Additional Work have been paid for in full. Exclusions from this Warranty include claims, losses, damages and expenses in any way connected with, related to or arising from failure or malfunction of Lessor shall be limited solely equipment due to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive following: wear and tear, ; end of life failure; corrosion; erosion; deterioration; Customer's failure to properly maintain follow the HVAC system Company-provided maintenance plan; unauthorized or improper maintenance; unauthorized or improper parts or material; refrigerant not supplied by Company; and modifications made by others to equipment. Company shall not be obligated to pay for the cost of lost refrigerant or lost product. Some components of equipment manufactured by Company may be warranted directly from the component supplier, in which case this Limited Warranty shall not apply to those components and any warranty of such components shall be the warranty given by such component supplier. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement. Equipment, material and/or failure to provide timely notice to Lessorparts that are not manufactured by Company (“Third-Party Products(s)”) are not warranted by Company and have such warranties as may be extended by the respective manufacturer. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to LesseeCUSTOMER UNDERSTANDS THAT COMPANY IS NOT THE MANUFACTURER OF ANY THIRD-PARTY PRODUCT(S) AND ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS ARE THOSE OF THE THIRD-PARTY MANUFACTURER, NOT COMPANY AND CUSTOMER IS NOT RELYING ON ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS REGARDING THE THIRD-PARTY PRODUUCT THAT MAY BE PROVIDED BY COMPANY OR ITS AFFILIATES, WHETHER ORAL OR WRITTEN. EXCEPT AS SPECIFICALLY THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES FOR WARRANTY CLAIMS PROVIDED HEREINBY COMPANY TO CUSTOMER UNDER THIS AGREEMENT AND ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, LESSOR DISCLAIMS ANY LIABILITIES, CONDITIONS AND ALL WARRANTIESREMEDIES, WHETHER IN CONTRACT, WARRANTY, STATUTE OR TORT (INCLUDING NEGLIGENCE), EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE IN LAW OR REPAIR WORK PERFORMED BY LESSOR IN FACT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. WITHOUT LIMITING THE GENERALITY COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, ENDORSEMENTS OR CONDITIONS OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONSANY KIND, EXPRESS OR IMPLIED, COLLATERALINCLUDING ANY IMPLIED WARRANTIES OF QUALITY, STATUTORY FITNESS, MERCHANTABILITY, DURABILITY AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE OR REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR ANY COMPONENT THEREOF. NO REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, REGARDING PREVENTING, ELIMINATING, REDUCING OR INHIBITING ANY MOLD, FUNGUS, BACTERIA, VIRUS, MICROBIAL GROWTH, OR ANY OTHER CONTAMINANTS (INCLUDING COVID-19 OR ANY SIMILAR VIRUS) (COLLECTIVELY, “CONTAMINANTS”), WHETHER INVOLVING OR IN CONNECTION WITH EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE. IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY FOR THE PREVENTION, RELATING TO ELIMINATION, REDUCTION OR INHIBITION OF THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN GROWTH OR UNLESS EXPRESSLY CONSENTED TO SPREAD OF SUCH CONTAMINANTS INVOLVING OR IN WRITING BY BOTH LESSOR CONNECTION WITH ANY EQUIPMENT, THIRD-PARTY PRODUCT, OR ANY COMPONENT THEREOF, SERVICES OR OTHERWISE AND LESSEECUSTOMER HEREBY SPECIFICALLY ACKNOWLDGES AND AGREES THERETO.
Appears in 3 contracts
Samples: Scheduled Service Agreement, Scheduled Service Agreement, Service Agreement
Limited Warranty. For as long as Lessee timely makes All Products and Services manufactured by Seller are warranted against defects in material and workmanship under normal use and service for which such Products and Services were designed for a period of eighteen (18) months after shipment or twelve (12) months after start-up, whichever comes first. Seller’s sole obligation under this Limited Warranty is, at its option, to repair, replace, or refund any Product or any part or parts thereof found to be defective. This Limited Warranty does not cover reimbursement for labor, gaining access, removal, installation, temporary power, or any other expenses, which may be incurred in connection with repair or replacement. Seller’s obligation under this Limited Warranty is conditioned upon receipt of all payments due hereunder, Lessor warrants throughout the Term that it will repair structural or mechanical defects in the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing from Buyer and prompt written notice of any defects, malfunctions, or leaks within two (2) business days of the occurrence thereofXxxxx’s warranty claim. In any event, the liability of Lessor shall be limited solely to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR THIS LIMITED WARRANTY IS THE BUYER’S EXCLUSIVE REMEDY AND SELLER HEREBY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR EXPRESS, IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITYSTATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGSeller’s maximum liability shall not in any event exceed the contract price paid for the defective Product or parts. This Limited Warranty shall not apply to any Product or component repaired or altered by anyone other than Seller’s authorized personnel; to any Products assembled, THERE ARE NO CONDITIONSinstalled, COVENANTSor used in a manner contrary to Seller’s instructions; or claims due to failure to follow Seller’s instructions for operation and maintenance. This Limited Warranty shall not apply to Product samples or prototypes. Those are provided “AS IS” with Seller having no liability or responsibility for any defects, AGREEMENTSerrors, REPRESENTATIONSor omissions in, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEEor any uses or decisions made by the Buyer with or in reliance upon samples or prototypes.
Appears in 3 contracts
Samples: Standard Terms and Conditions of Sale, Standard Terms and Conditions of Sale, Standard Terms and Conditions of Sale
Limited Warranty. For Seller warrants that all materials incorporated in and made a part of the structure of the Unit shall be new as long as Lessee timely makes all payments due hereunderof the date of installation and shall remain free from defects in workmanship or quality for a period of one (1) year from the date of Closing, Lessor warrants throughout provided, however, that if the Term closing of the sale of the Unit occurs more than 90 days after issuance of a certificate of occupancy for such Unit, the one-year warranty shall be reduced one day for each day that it closing occurs after such 90-day period. (the “Warranty Period”). Seller represents that Seller will cause to be remedied, by repair or replacement, any structural or mechanical defects in the Equipment Unit which appear within the Warranty Period and which result from faulty material or workmanship, provided that Purchaser gives Seller written notice of any such defect within ten (excluding HVAC filters10) days after Purchaser’s discovery of the defect. Any such notice shall be addressed to Seller at the address following Seller’s signature below, fire extinguishersor such other address for notice furnished to Purchaser in accordance with Section 15 below. Purchaser’s sole remedy (in lieu of all remedies implied by law or otherwise) against Seller in connection with such defects shall be to require Seller to correct the defect in material or workmanship. Seller shall not be responsible for any defects where the cause is determined to result from Purchaser’s or any future owner’s actions, fuses/breakersnegligence or insufficient maintenance. This limited warranty does not extend to any Common Elements of the Project, light bulbsincluding, without limitation, building systems serving the Unit. Any appliance, item of equipment, or other ordinary course repairs item in the Unit (whether or maintenance)not attached to or installed in the Unit) which is a “consumer product” as defined in the Xxxxxxxx Xxxx Warranty Act, provided 15 U.S.C. § 2301, is hereby excluded from the coverage under this limited warranty. The following are examples of consumer products: fire and security alarm systems, refrigerator, range, dishwasher, garbage disposal, heat recovery ventilator, hot water heater, water source heat pump, clothes washer and dryer, audio/visual equipment and thermostats. The Unit may not contain some of these items, and they may contain other items that Lessee notifies Lessor may also be consumer products. With regard to any consumer products in writing of the Unit, Seller disclaims all warranties. Seller is not responsible for performance under any defectssuch manufacturers’ warranties in any way. However, malfunctionsSeller hereby assigns and transfers to Purchaser all manufacturer warranties applicable to all such consumer products, or leaks within two (2) business days subject to final Closing and conveyance of the occurrence thereofUnit. In any eventWITH REGARD TO ANY SUCH CONSUMER PRODUCTS, the liability of Lessor shall be limited solely to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the EquipmentWHETHER OR NOT WARRANTED BY MANUFACTURERS, utilities connectionSELLER DISCLAIMS ALL WARRANTIES INCLUDING, alteration of the EquipmentBUT NOT LIMITED TO, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES THOSE OF MERCHANTABILITY, SUITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING PURCHASER AGREES TO COMPLY WITH ALL MAINTENANCE MANUALS AND OTHER DOCUMENTS AND RECOMMENDATIONS PROVIDED TO PURCHASER WITH RESPECT TO THE GENERALITY 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) MADE PART OF OR SERVING THE FOREGOINGUNIT. PURCHASER UNDERSTANDS AND AGREES THAT IF PURCHASER FAILS TO FOLLOW THE INSPECTION, THERE ARE NO CONDITIONSMAINTENANCE AND REPAIR REQUIREMENTS AND STANDARDS CONTAINED IN SUCH MANUAL OR MATERIALS DELIVERED TO PURCHASER AND SUCH FAILURE CAUSES, COVENANTSWHETHER IN WHOLE OR IN PART, AGREEMENTS, REPRESENTATIONS, WARRANTIES DAMAGE TO THE UNIT OR OTHER PROVISIONSPROPERTY, 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. EXCEPT AS STATED IN THE FIRST PARAGRAPH OF THIS LIMITED WARRANTY ABOVE, SELLER MAKES NO WARRANTY OR REPRESENTATION OF ANY NATURE, EXPRESS OR IMPLIED, COLLATERALINCLUDING, STATUTORY BUT NOT LIMITED TO, THOSE OF WORKMANLIKE CONSTRUCTION, HABITABILITY, DESIGN, CONDITION, OR OTHERWISE, RELATING QUALITY AS TO THE SUBJECT MATTER HEREOF EXCEPT PROJECT PROPERTY, THE UNIT, OR THE OTHER IMPROVEMENTS CONSTITUTING THE PROJECT, AND, TO THE EXTENT PERMITTED BY LAW, SELLER SPECIFICALLY EXCLUDES SUCH MATTERS IN CONSIDERATION OF THE EXPRESS WARRANTIES GIVEN UNDER THIS AGREEMENT. AS PROVIDED HEREIN MORE FULLY SET FORTH IN SECTION 19.g BELOW, SELLER MAKES NO REPRESENTATION OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR WARRANTY CONCERNING ANY GEOLOGICAL OR ENVIRONMENTAL MATTERS AND LESSEESPECIFICALLY EXCLUDES GEOLOGICAL AND ENVIRONMENTAL MATTERS FROM ANY WARRANTIES GIVEN UNDER THIS AGREEMENT. Except as otherwise provided in this limited warranty, Purchaser assumes the risk of damage occurring to the Unit after Closing. Notwithstanding any provisions in this Section 6 to the contrary, this Section shall be construed in accordance with Colorado law and limited to the extent necessitated thereby. The Project is being developed upon land that was owned by the Town of Vail, but which the Town of Vail contributed to the Project in an effort to maintain affordability. In consideration of this fact, Purchaser hereby waives any claim against the Town of Vail relating in any way to construction defects within the Project. The provisions of this Section shall survive Closing.
Appears in 3 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement, Purchase and Sale Agreement
Limited Warranty. For as long as Lessee timely makes all payments due hereunderhereunder and is in compliance with its obligations under the Lease Agreement, Lessor warrants throughout the Term that it will repair structural or mechanical defects in the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days of the occurrence thereof. In any event, the liability of Lessor shall be limited solely to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of alterations, repairs, or modification to the EquipmentEquipment performed by Lessee, use of the Equipment for a purpose for which it was not intended, vandalism, damage to Equipment caused by Lessee, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, RELATED TO THE EQUIPMENT OR ANY MATTERS CONTAINED IN THE LEASE AGREEMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, USE OR OPERATION, OR ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OR MATERIALS OR WORKMANSHIP, SAFETY, PATENT, TRADEMARK OR ANY WARRANTY AGAINST INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEE.
Appears in 3 contracts
Samples: Lease Agreement, Lease Agreement, Lease Agreement
Limited Warranty. For Exclusions and Disclaimers
A. To the extent not otherwise warranted pursuant to an applicable manufacturer's warranty, Security 101 warrants all equipment and installation labor rendered as long as Lessee timely makes all payments due hereunder, Lessor warrants throughout part of the Term that it will repair structural or mechanical Work against defects in materials and labor, not inherent in the Equipment quality required or permitted by the Agreement, for a period of twelve (excluding HVAC filters12) months (the "Warranty Period") from the date of substantial completion of the installation of the Work. Security 101 's warranty specifically excludes remedy for damage or defect to expendable supplies, fire extinguishersequipment or parts or any portions of the Work caused by misuse, fuses/breakersabuse, light bulbsmodifications not executed by Security 101, improper or insufficient maintenance, improper operation, Acts of God, alteration, modification, manipulation, tampering or vandalism by any other party, or other ordinary course repairs normal wear and tear and normal usage. Any and all warranty claims must be made by written notice to Security 101 within the Warranty Period and any defect claimed will be repaired or maintenance)replaced at the sole option of Security 101. Any shipping charges in connection with a repair or replacement shall be the responsibility of Customer. Notwithstanding anything contained herein to the contrary, provided that Lessee notifies Lessor in writing of Security 101's sole liability for any defects, malfunctions, or leaks within two (2) business days of the occurrence thereof. In any event, the liability of Lessor warranty claims hereunder shall be limited solely to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation replacement of the EquipmentWork or any portion thereof.
B. THE WARRANTY DESCRIBED IN SUBSECTION 1A ABOVE IS THE ONLY WARRANTY COVERING THE INSTALLATION LABOR, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS MATERIALS AND EQUIPMENT OR ANY OTHER PORTION OF THE WORK AND IS GIVEN IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATED STATUTORY OR COMMON LAW, AND ALL SUCH WARRANTIES, INCLUDING, BUT NOT LIMITED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND HABITABILITY ARE HEREBY EXCLUDED AND SPECIFICALLY DISCLAIMED.
C. Except to the extent otherwise provided in Subsection 2A below, in no event shall Security 101 be liable to Customer or any third party for actual, special, incidental, consequential, exemplary, punitive damages or any other type of damages or for lost profits, lost sales, injury to person or property or any other cause as a result of defect in the installation labor, equipment, materials or other supplies with respect to any item furnished under the Agreement, the malfunction or non- function of any system, wrongful performance of or failure to perform any acts included in the Work, transportation delays, breach of warranty or any criminal or other activities by third parties resulting there from.
D. Customer acknowledges that no warranty, representation, or statement by any representative of Security 101 not expressly stated herein shall be binding. WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGThe Agreement and the document or documents attached hereto or to which this writing is a part, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEEshall constitute the final expression of the parties’ agreement and is a complete and exclusive statement of the terms of the Agreement.
Appears in 2 contracts
Samples: Vendor Agreement, Vendor Agreement
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor a. Wherible warrants throughout to you only that the Term that it Device(s) purchased hereunder will repair structural or mechanical be free from defects in workmanship and materials (“Limited Warranty”) for a period of twelve (12) months from the Equipment date that Wherible or the Authorized Dealer, as applicable, delivers to you each paid for Device with respect to such Device (excluding HVAC filtersthe “Warranty Period”).
b. This Limited Warranty does not apply to normal wear and tear and does not cover repair or replacement of Devices damaged by tampering, fire extinguishersmisuse, fuses/breakersaccident, light bulbsabuse, or other ordinary course repairs or maintenance)neglect, provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days of the occurrence thereof. In any event, the liability of Lessor shall be limited solely to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connectionmisapplication, alteration of any kind, disaster, water damage, or defects due to repairs or modifications made by anyone other than Wherible or its authorized service representative. In addition, this Limited Warranty does not apply to physical damage of any nature whatsoever to the EquipmentDevice. The Device does not contain any end user serviceable parts, use therefore any opening or attempted opening of the Equipment Device shall constitute a breach of this Agreement by you. All Devices are shipped in working condition. It is your responsibility to verify that the Device is working properly upon receipt. Wherible, at its sole discretion, will repair or replace the Device solely in accordance with the terms of this Limited Warranty and Wherible’s policies and procedures for submitting a purpose for which it was not intendedLimited Warranty claim in effect at such time. REPAIR OR REPLACEMENT BY WHERIBLE AS STATED ABOVE IS YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS LIMITED WARRANTY. NEITHER WHERIBLE NOR THE AUTHORIZED DEALER SHALL BE LIABLE FOR ANY SPECIAL, vandalismINCIDENTAL, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to LessorCONSEQUENTIAL OR EXEMPLARY DAMAGES FOR BREACH OF THIS LIMITED WARRANTY. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR WHERIBLE AND THE AUTHORIZED DEALER DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR WHETHER EXPRESS, IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR STATUTORY, INCLUDING ANY BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR ANY WARRANTY ARISING OUT OF ANY PROPOSAL, SPECIFICATION OR SAMPLE. ANY SOFTWARE PROVIDED WITH THE WHERIBLE DEVICE IS PROVIDED “AS IS” WITHOUT LIMITING THE GENERALITY WARRANTY. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. SOME STATES MAY NOT ALLOW LIMITATION OF THE FOREGOINGDURATION OF WARRANTY, THERE ARE NO CONDITIONSOR THE EXCLUSION OR LIMITATION OF SPECIAL, COVENANTSINCIDENTAL, AGREEMENTSCONSEQUENTIAL OR EXEMPLARY DAMAGES, REPRESENTATIONSSO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. For further information on this Limited Warranty and making a claim on this Limited Warranty, WARRANTIES OR OTHER PROVISIONSsee the Wherible Device Defect Warranty, EXPRESS OR IMPLIEDas from time to time updated, COLLATERALpublished on the Wherible Customer Interface at xxx.xxxxxxxx.xxx.
c. In no event has the underlying wireless service provider made any warranty of any kind whatsoever for the Equipment, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEEService or Software of Wherible or the Authorized Dealer or any third party.
Appears in 2 contracts
Samples: Terms of Service and License Agreement, Terms of Service and License Agreement
Limited Warranty. For 10.1 NEC extends a limited warranty solely to end-user customers for NEC Products as long as Lessee timely makes all payments due hereunder, Lessor warrants throughout the Term that it will repair structural or mechanical defects set forth in the Equipment Limited Warranty Statement accompanying each NEC Product. Limited warranties as they pertain to NEC’s Software are contained in the applicable End User License Agreement or maintenance agreements. The CineCast Software is provided AS IS, AS AVAILABLE and WITH ALL FAULTS.
10.2 RESELLER will make no warranty representation on NEC’s behalf beyond those contained in the applicable Limited Warranty Statement. The warranty shall commence when the PRODUCTS are resold and/or licensed to the end-user by RESELLER, subject to the terms and conditions of the Limited Warranty Statement. NEC makes no warranty to RESELLER with respect to the PRODUCTS. In the event any PRODUCT fails to operate, according to NEC’s specifications, prior to being resold to an end-user, RESELLER’s exclusive remedy and NEC’s sole responsibility shall be (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, 1) to repair the PRODUCT or other ordinary course repairs or maintenance(2), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days the return and replacement of the occurrence thereof. In any event, PRODUCT in accordance with NEC’s then prevailing policy.
10.3 The above warranty is contingent upon the liability of Lessor shall be limited solely to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, proper use of the Equipment for a purpose for PRODUCTS and will not apply to PRODUCTS on which it was the original identification marks have been removed or altered. In addition, this warranty shall not intendedapply to defects or failure due to: (i) accident, vandalismneglect or misuse; (ii) failure or defect of electrical power, misuse external electrical circuitry, air-conditioning or humidity control; (iii) the use of items not provided by NEC; (iv) unusual stress; (v) any party other than NEC or an authorized NEC representative modifying, adjusting, repairing, servicing or installing the EquipmentPRODUCT.
10.4 EXCEPT FOR THE EXPRESS WARRANTY CONTAINED IN THE LIMITED WARRANTY STATEMENT ACCOMPANYING THE PRODUCT, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR NEC DISCLAIMS ANY ALL EXPRESS AND ALL IMPLIED WARRANTIES, EXPRESS OR IMPLIED, RELATED TO INCLUDING THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES REPRESENTATION OR OTHER PROVISIONSAFFIRMATION OF FACT, EXPRESS INCLUDING, BUT NOT LIMITED TO, STATEMENTS REGARDING CAPACITY, SUITABILITY FOR USE OR IMPLIEDPERFORMANCE OF PRODUCTS, COLLATERAL, STATUTORY WHETHER MADE BY NEC’S EMPLOYEES OR OTHERWISE, RELATING WHICH IS NOT CONTAINED IN THIS AGREEMENT, SHALL NOT BE DEEMED TO BE A WARRANTY BY NEC FOR ANY PURPOSE, OR GIVE RISE TO ANY LIABILITY OF NEC WHATSOEVER. THE SUBJECT MATTER HEREOF EXCEPT WARRANTIES AND CORRESPONDING REMEDIES AS PROVIDED HEREIN STATED IN THIS SECTION ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS WRITTEN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEEORAL.
Appears in 2 contracts
Samples: Authorized Digital Cinema Reseller Master Agreement (Ballantyne of Omaha Inc), Digital Cinema Reseller Agreement (Ballantyne of Omaha Inc)
Limited Warranty. For as long as Lessee timely makes all payments due hereunderhereunder and is in compliance with its obligations under the Lease Agreement, Lessor warrants throughout the Term that it will repair structural or mechanical defects in the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days of the occurrence thereof. In any event, the liability of Lessor shall be limited solely to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of alterations, repairs, or modification to the EquipmentEquipment performed by Lessee, use of the Equipment for a purpose for which it was not intended, vandalism, damage to Equipment caused by Lessee, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL, RELATED TO THE EQUIPMENT OR ANY MATTERS CONTAINED IN THE LEASE AGREEMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, USE OR OPERATION, OR ANY WARRANTY AS TO DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OR MATERIALS OR WORKMANSHIP, SAFETY, PATENT, TRADEMARK OR ANY WARRANTY AGAINST INFRINGEMENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR XXXXXX AND LESSEEXXXXXX.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
Limited Warranty. For as GPC warrants to Customer good and clear title to all Equipment and materials furnished to Customer pursuant to this Agreement, free and clear of liens and encumbrances, so long as Lessee timely makes Customer fully compensates GPC as required by this Agreement. GPC warrants that the Equipment and installation will be performed in a good, professional, workmanlike, and competent manner, in conformity with all payments due hereunderapplicable professional standards and to Customer’s reasonable satisfaction. If Customer notifies GPC of any defective or non-conforming Equipment or installation within one year after completion of installation, Lessor warrants throughout so long as: (i) no repair, substitution, modification, or addition has been made, except by GPC or with GPC's written permission; and (ii) the Term Equipment has not been subjected to accident, neglect, misuse, or use by non-GPC personnel in violation of any instruction supplied by GPC, GPC will correct or re-perform the defective or non-conforming Equipment or installation, except that it will repair structural GPC’s sole obligation and Customer's exclusive remedy for defective or mechanical defects non-conforming Services is for GPC to correct or re-perform the defective or non-conforming Equipment or Services to Customer’s reasonable satisfaction within one year after completion of installation, subject to the limitation stated above in Limitation of Liability. GPC may rely on the accuracy and currency of information supplied by or at the direction of Customer, or available from generally acceptable reputable sources. GPC shall be legally and financially responsible for any action or omission on its part or the part of its agents and subcontractors that result in the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, voiding or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days noncoverage of the occurrence thereofEphesus Fixture Limited Warranty. In any event, the liability of Lessor shall be limited solely to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY THE WARRANTIES EXPRESSED IN THIS AGREEMENT ARE EXCLUSIVE AND IN LIEU OF ALL WARRANTIES, EXPRESS OTHER WARRANTIES EXPRESSED OR IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING CUSTOMER ASSUMES FULL RESPONSIBILITY FOR THE GENERALITY SELECTION OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING PARTICULAR EQUIPMENT AS APPROPRIATE TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEEACHIEVE CUSTOMER'S PURPOSES.
Appears in 2 contracts
Samples: Equipment Sale and Installation Agreement, Equipment Sale and Installation Agreement
Limited Warranty. For as long as Lessee timely makes all payments due hereunder7.1 Timken Belts warrants that, Lessor warrants throughout on the Term Shipment Date, the Products (a) will conform to any specifications explicitly identified on the face of Timken Belts’ quotation or acknowledgement or set forth explicitly in another document that it will repair structural or mechanical defects in the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days is a part of the occurrence thereof. In any eventAgreement, the liability of Lessor shall and (b) will be limited solely to the repairing free of defects in material and workmanship that would be discovered by following Timken Belts standards of manufacture and inspection at the Equipmenttime of manufacture. Lessor shall have no liability for Timken Belts warrants that the repair Services will be performed in a good and workmanlike manner in accordance with any specifications explicitly identified on the face of any defect Timken Belts’ quotation or condition resulting from Lessee’s relocation acknowledgement or set forth explicitly in another document that is part of the EquipmentAgreement. THE FOREGOING LIMITED WARRANTY IS IN LIEU OF, utilities connectionAND TIMKEN BELTS DISCLAIMS, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR AND IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITYDESIGN, SUITABILITYPERFORMANCE OR PRODUCT LIFE, OR 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.
7.2 The limited warranty will be void upon any action inconsistent with the proper use and handling of the Products, Service Items or other results of Services, including (a) improper handling, transportation, storage, adjustment, modification or repair (including any modification, addition, or repair made during the applicable warranty period by anyone other than Timken), (b) accident, abuse or improper use (including loading beyond the specified maximum), and (c) improper selection, sizing, installation, tensioning, alignment, protection or maintenance.
7.3 The limited warranty in Section 7.1 does not apply to Products supplied for testing and evaluation (“prototype parts”). WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGPrototype parts are supplied “AS IS” without warranty of any kind. Timken Belts will have no liability for any claims related to prototype parts, THERE ARE NO CONDITIONSand Buyer shall indemnify, COVENANTSdefend and hold Timken Belts harmless from any such claims. Timken Belts makes no warranty hereunder to those persons defined as consumers in the Xxxxxxxx-Xxxx Warranty – Federal Trade Commission Improvement Act. Timken does not warrant that the operation or use by Buyer of the Products or Services in its applications will comply with the requirements of any safety code or regulation, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEEor with any environmental or other law or regulation.
Appears in 2 contracts
Samples: Terms and Conditions of Sale, Terms and Conditions of Sale
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor Licensor warrants throughout the Term that it has clear title to the Software. Licensor further warrants that for a period of twelve (12) months after installation, the Software, if used by Customer in accordance with applicable documentation and not modified by Customer in any way, will repair structural or mechanical defects substantially perform the functions outlined in the Equipment user documentation. Customer's sole remedy under the preceding limited warranty is that Licensor will undertake to correct within a reasonable period of time any reported “Software Error” (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenancefailure of the Software to perform substantially the functions described in the documentation), provided that Lessee notifies Lessor correct errors in writing of the documentation, and replace any defectsmagnetic media which proves defective in materials or workmanship on an exchange basis without charge. In order to make a claim under this limited warranty, malfunctionsCustomer must return the defective item to the Licensor, or leaks postage prepaid, within two ten (210) business days following the expiration of the occurrence thereoflimited warranty period. In any eventIf Licensor is unable to replace the defective media or if Licensor is unable to provide corrected software or corrected documentation within a reasonable time, Licensor will, at its sole and exclusive option, either replace the liability of Lessor shall be limited solely Software with a functionally equivalent program at no charge to Customer or refund the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation license fee of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to LessorSoftware. The repair aforementioned remedy is the Customer's sole remedy for any breach of the Equipment warranty by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to LesseeLicensor. EXCEPT AS SPECIFICALLY PROVIDED HEREINTHE ABOVE LIMITED WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, LESSOR DISCLAIMS ANY EITHER EXPRESSED OR IMPLIED, AND ALL LICENSOR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATED NO WARRANTIES AS TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY PURPOSE OF THE FOREGOINGSOFTWARE, THERE ARE NOR ANY WARRANTIES WITH REGARD TO VALUE ADDED ENHANCEMENTS, INTEGRATIONS OR MODIFICATIONS ADDED TO OR COUPLED WITH THE PRODUCT BY OTHERS, OR WITH REGARD TO OTHER SERVICES OR TECHNICAL SUPPORT TO BE PROVIDED BY OTHERS. NO CONDITIONSORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY LICENSOR, COVENANTSITS EMPLOYEES, AGREEMENTSDISTRIBUTORS, REPRESENTATIONS, DEALERS OR AGENTS SHALL INCREASE THE SCOPE OF THE ABOVE LIMITED WARRANTIES OR OTHER PROVISIONSCREATE ANY NEW WARRANTIES. IN THE EVENT THE EXCLUSION OF IMPLIED WARRANTIES ARE PROHIBITED BY APPLICABLE LAW, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEEDATE OF DELIVERY OF THE SOFTWARE.
Appears in 2 contracts
Samples: Software License Agreement, Software License Agreement
Limited Warranty. For All products sold by LUX LES Dom-Dekor is sold as long as Lessee timely makes all payments due hereundernew and comes with LUX LES Dom-Dekor limited standard warranty unless stated otherwise. Subject to the conditions, Lessor exclusions and limitations that follow, LUX LES Dom-Dekor warrants throughout that its products are free from defects in materials and workmanship. LUX LES Dom-Dekor provides a five (5) year warranty from the Term date of delivery for wood panels and wood furniture and a thirty (30) day warranty from the date of delivery for clocks. To the extent permitted by local law, LUX LES Dom-Dekor guarantees that at its discretion, it will repair structural or mechanical defects in the Equipment (excluding HVAC filtersrepair, fire extinguishers, fuses/breakers, light bulbsreplace, or other ordinary course repairs refund any product that manifests a defect in materials or workmanship during the limited warranty period. The limited panel warranty covers any defects workmanship of panels. The limited hardware warranty does NOT cover problems resulting directly or indirectly from: • Buyers’ failure to follow product instructions. • Buyers’ failure to perform preventive maintenance). • Accidents, provided that Lessee notifies Lessor in writing of any defectsabuse, malfunctions, or leaks within two (2) business days of the occurrence thereof. In any event, the liability of Lessor shall be limited solely to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalismliquid spills, misuse or problems with electrical power. • Acts of the EquipmentGod, excessive including but not limited to natural disasters, fires, earthquakes, and storms. • Normal wear and tear. • Products with missing or altered service tags or serial numbers. • Products for which LUX LES Dom-Dekor has not received payment. Except for the express warranties contained in these Terms and Conditions and to the extent not prohibited by law, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR LUX LES Dom-Dekor DISCLAIMS ANY ALL OTHER WARRANTIES AND ALL WARRANTIESCONDITIONS, EXPRESS OR IMPLIED, RELATED STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY (1) WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR (2) WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND (3) WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. WITHOUT LIMITING LUX LES Dom-Dekor IS NOT LIABLE BEYOND ANY REMEDIES PROVIDED IN THESE TERMS AND CONDITIONS AND DOES NOT ACCEPT LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, FOR THIRD-PARTY CLAIMS AGAINST THE GENERALITY OF THE FOREGOINGBUYER FOR DAMAGES. No warranties or conditions, THERE ARE NO CONDITIONSwhether express or implied, COVENANTSwill apply after the warranty period has expired. Some states, AGREEMENTSprovinces, REPRESENTATIONSjurisdictions or countries do not allow limitations on how long an implied warranty or condition lasts, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEEso this limitation may not apply to you.
Appears in 2 contracts
Samples: Sales Contracts, Terms and Conditions
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor IMS warrants throughout that the Term that it will repair structural or mechanical defects in the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days of the occurrence thereof. In any event, the liability of Lessor Products sold to Maxtor shall be limited solely conform to the repairing corresponding written product specification provided by Maxtor to IMS and current at the time of Maxtor's Order ("Specification") [*] for a period of twelve (12) months from the date of receipt by Maxtor. The materials portion of this warranty shall not apply to the extent of defects in the Equipment. Lessor shall have no liability for Product directly attributable to the repair failure of any defect Materials consigned or condition resulting from Lessee’s relocation supplied to IMS by Maxtor. All claims for breach of warranty with respect to any unit of the Equipment, utilities connection, alteration Products must be received by IMS no later than fifteen (15) days after the expiration of the Equipmentwarranty period. The warranty does not extend to any Products (i) which have been subjected to misuse, neglect, excessive deterioration or erosion, abuse, accident, improper installation, extreme electrical or physical stress, or any other use by Maxtor in violation of or contrary to IMS' instructions; (ii) which have been repaired or altered in any manner by anyone other than IMS or persons expressly authorized by IMS; or (iii) which are defective as a result of causes external to the Product. IMS' sole and exclusive obligation with respect to defective Products returned under warranty shall be, at IMS' option, repair or replacement thereof or refund of the Equipment for a purpose for which it was not intendedpurchase price. THE EXPRESS WARRANTY AND WARRANTY REMEDIES PROVIDED IN THIS SECTION ARE MAXTOR'S SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF THE WARRANTIES IN THIS SECTION. IMS MAKES, vandalismAND HAS MADE, misuse of the EquipmentNO OTHER WARRANTIES TO MAXTOR, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR AND IMS HEREBY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS WRITTEN OR ORAL, EXPRESS, IMPLIED, RELATED OR STATUTORY, IN ANY MANNER OR FORM WHATSOEVER, INCLUDING, BUT NOT LIMITED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A ANY PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY PURPOSE OR NONINFRINGEMENT OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF THIRD PARTY RIGHTS (EXCEPT AS EXPRESSLY PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEESECTION 17 ("INDEMNIFICATION")). Maxtor shall pay IMS such amounts as are mutually agreed from time to time for (i) testing of returned units in "no problem found" situations (i.e., where Product units returned to IMS conform to the above warranty) and (ii) network of returned units where the failure of the units to conform to the above warranty is not due to any breach of warranty by IMS (e.g., situations where the Product unit has been abused or damaged by persons other than IMS).
Appears in 2 contracts
Samples: Manufacturing Services Agreement (International Manufacturing Services Inc), Lease (International Manufacturing Services Inc)
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor Company warrants throughout that: (a) the Term that it will repair structural or mechanical material manufactured by Company and provided to Customer in performance of the Services is free from defects in material and manufacture for a period of 12 months from the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days earlier of the occurrence thereofdate of equipment start-up or replacement; and (b) the labor/labour portion of the Maintenance Services and Additional Work has been properly performed for a period of 90 days from date of completion (the "Limited Warranty"). In Company obligations of equipment start-up, if any eventare stated in the Proposal, are coterminous with the Limited Warranty period. Defects must be reported to Company within the Limited Warranty period. Company’s obligation under the Limited Warranty is limited to repairing or replacing the defective part at its option and to correcting any labor/labour improperly performed by Company. No liability whatsoever shall attach to Company until the Maintenance Services and Additional Work have been paid for in full. Exclusions from this Warranty include claims, losses, damages and expenses in any way connected with, related to or arising from failure or malfunction of Lessor shall be limited solely equipment due to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive following: wear and tear, ; end of life failure; corrosion; erosion; deterioration; Customer's failure to properly maintain follow the HVAC system Company-provided maintenance plan; unauthorized or improper maintenance; unauthorized or improper parts or material; refrigerant not supplied by Trane; and modifications made by others to equipment. Company shall not be obligated to pay for the cost of lost refrigerant or lost product. Some components of equipment manufactured by Company may be warranted directly from the component supplier, in which case this Limited Warranty shall not apply to those components and any warranty of such components shall be the warranty given by such component supplier. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement. Equipment, material and/or failure to provide timely notice to Lessorparts that are not manufactured by Company are not warranted by Company and have such warranties as may be extended by the respective manufacturer. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES FOR WARRANTY CLAIMS PROVIDED HEREINBY COMPANY TO CUSTOMER UNDER THIS AGREEMENT AND ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, LESSOR DISCLAIMS ANY LIABILITIES, CONDITIONS AND ALL WARRANTIESREMEDIES, WHETHER IN CONTRACT, WARRANTY, STATUTE OR TORT (INCLUDING NEGLIGENCE), EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE IN LAW OR REPAIR WORK PERFORMED BY LESSOR IN FACT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. WITHOUT LIMITING THE GENERALITY COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, ENDORSEMENTS OR CONDITIONS OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONSANY KIND, EXPRESS OR IMPLIED, COLLATERALINCLUDING ANY IMPLIED WARRANTIES OF QUALITY, STATUTORY FITNESS, MERCHANTABILITY, DURABILITY AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE OR REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR ANY COMPONENT THEREOF. NO REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, IS MADE REGARDING PREVENTING, ELIMINATING, REDUCING OR INHIBITING ANY MOLD, FUNGUS, BACTERIA, VIRUS, MICROBIAL GROWTH, OR ANY OTHER CONTAMINANTS (INCLUDING COVID-19 OR ANY SIMILAR VIRUS) (COLLECTIVELY, “CONTAMINANTS”), WHETHER INVOLVING OR IN CONNECTION WITH EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE. IN NO EVENT SHALL TRANE HAVE ANY LIABILITY FOR THE PREVENTION, RELATING TO ELIMINATION, REDUCTION OR INHIBITION OF THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN GROWTH OR UNLESS EXPRESSLY CONSENTED TO SPREAD OF SUCH CONTAMINANTS INVOLVING OR IN WRITING BY BOTH LESSOR CONNECTION WITH ANY EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE AND LESSEECUSTOMER HEREBY SPECIFICALLY ACKNOWLDGES AND AGREES THERETO.
Appears in 2 contracts
Samples: Service Agreement, Service Agreement
Limited Warranty. For as long as Lessee timely makes all payments Miovision warrants that for a period of three years from delivery of the Hardware to the Customer (the “Limited Warranty Period”), the Hardware shall be free from problems due hereunderto workmanship or component defects pursuant to the following terms and conditions, Lessor warrants throughout and function substantially in accordance with the Term that it will repair structural or mechanical defects Documentation, if any. At any time within the first 3 years from delivery of the Hardware to the Customer, the Customer may purchase an extension to the Limited Warranty Period, the purchase and cost of which shall be provided in the Equipment (excluding HVAC filtersSales Order Agreement. This warranty does not include, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days of the occurrence thereof. In any event, the liability of Lessor shall be limited solely to the repairing of defects in the Equipment. Lessor and Miovision shall have no liability for the repair of any defect whatsoever under this warranty section with respect to cosmetic damage, or condition damage resulting from Lessee(i) Customer failure to follow Miovision’s relocation of the Equipment, utilities connection, alteration of the Equipment, instructions for installation or use of the Equipment for a purpose for which it was not intendedHardware, vandalism(ii) alteration, modification or misuse of the EquipmentHardware in any way, excessive wear and tear(iii) the combination, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair operation or use of the Equipment Hardware with any materials, parts, equipment or devices not manufactured or approved by Lessor due Miovision, (iv) attempted repair by anyone other than Miovision or an Agent or other facility authorized by Miovision to a defect service the Hardware, or condition resulting from any (v) accident, abuse, negligence, the connection to an improper voltage supply, acts of the preceding causes shall result in additional charges to LesseeGod,. REPAIR OR REPLACEMENT AS PROVIDED UNDER THIS WARRANTY IS THE EXCLUSIVE REMEDY OF THE CUSTOMER. MIOVISION SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY ON THE HARDWARE. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND EXTENT PROHIBITED BY APPLICABLE LAW, ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING PURPOSE ON THE GENERALITY HARDWARE IS LIMITED TO THE DURATION OF THE FOREGOINGLIMITED WARRANTY PERIOD. Miovision’s sole and exclusive liability arising out of any sale of Hardware to Customer, THERE ARE NO CONDITIONSand Customer’s sole and exclusive remedy is expressly limited, COVENANTSat Miovision’s option, AGREEMENTSto either (i) refund the Purchase Price paid by Customer for the Hardware (without interest), REPRESENTATIONSor (ii) repair and/or replacement of the Hardware. Some jurisdictions do not allow the exclusion or limitation of certain damages, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEEso the above limitations or exclusions may not apply to the Customer.
Appears in 2 contracts
Samples: Hardware Purchase Agreement, Hardware Purchase Agreement
Limited Warranty. For Licensor warrants that during the “Warranty Period,” the Software shall substantially conform to the product documentation. The Warranty Period for perpetual licenses is a period 90 days from the date of initial shipment of the Software and for subscription license is the same as long as Lessee timely makes all payments due hereunderthe term of the subscription. Licensor’s entire liability and Licensee’s exclusive remedy for any breach by Licensor of the warranty above shall be, Lessor warrants throughout at Licensor’s sole discretion, either to (a) replace the Term that it will repair structural or mechanical defects in the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbsapplicable Software, or other ordinary course repairs (b) use diligent efforts to repair the Software or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2c) business days refund the applicable prepaid license fees. Notice of the occurrence thereof. In any event, error must be received by Licensor within the liability of Lessor shall be limited solely to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to LesseeWarranty Period. EXCEPT AS SPECIFICALLY PROVIDED HEREINEXPRESSLY STATED IN THIS SECTION, LESSOR LICENSOR DISCLAIMS (AND LICENSEE WAIVES) ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE WRITTEN OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY ORAL, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, SUITABILITYNON-INFRINGEMENT, OR TITLE AND FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, FOR THE SOFTWARE AND ALL CHANNEL SALES PROGRAM WRITTEN MATERIALS AND/OR ANY WARRANTY THAT LICENSEE WILL ACHIEVE ANY PARTICULAR RETURN ON INVESTMENT. WITHOUT LIMITING LICENSEE IS SOLELY RESPONSIBLE FOR ANY RESULTS OBTAINED FROM USING THE GENERALITY SOFTWARE, INCLUDING THE ADEQUACY OF INDEPENDENT TESTING OF RELIABILIY, SECURITY AND ACCURACY OF ANY ITEM DESIGNED USING SOFTWARE. LICENSOR DOES NOT WARRANT THAT THE OPERATION OR OTHER USE OF THE FOREGOINGSOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE OR WILL NOT CAUSE DAMAGE OR DISRUPTION TO LICENSEE’S DATA, THERE ARE NO CONDITIONSCOMPUTERS, COVENANTSOR NETWORKS. The warranty provisions above state the entire liability of Licensor, AGREEMENTSits subsidiaries and affiliates, REPRESENTATIONSand each of their respective directors, WARRANTIES OR OTHER PROVISIONSofficers, EXPRESS OR IMPLIEDemployees or agents, COLLATERALwith respect to the Software and Support Services, STATUTORY OR OTHERWISEincluding (without limitation) any liability for breach of warranty. The software may be used to access and transfer information over the internet or be used in connection with hardware and other products that are connected to the internet. Licensee acknowledges and agrees that Licensor and its licensors do not operate or control the internet and that: (i) viruses, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEEworms, trojan horses, or other undesirable data or software; or (ii) unauthorized users (e.g., hackers) may attempt to obtain access to and damage your data, web-sites, computers, or networks. Licensor and its licensors will not be responsible for those activities.
Appears in 1 contract
Samples: End User License Agreement
Limited Warranty. For as long as Lessee timely makes Xxxxx warrants that the Goods will be free from defects in materials and workmanship under normal application, use, installation, operation and service for a period of 1 year from the date the Goods are shipped. Xxxxx does not warrant (and hereby disclaims any warranty relating to) the quality of any Goods manufactured by third parties. Customer's exclusive remedy for defects in Goods manufactured by third parties shall be against Xxxxx'x suppliers or the manufacturers of the Goods. To the extent transferrable, Xxxxx agrees to assign all payments due hereunder, Lessor manufacturers' written warranties covering the Goods to Customer upon Customer’s final payment for the Goods. Xxxxx warrants throughout the Term to Customer that it shall perform the Services in a workmanlike manner (meaning a manner deemed proficient and safe by those with the knowledge, training and experience to judge such Services). This workmanship warranty will repair structural or mechanical defects in terminate one (1) year from the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days of the occurrence thereof. In any event, the liability of Lessor shall be limited solely to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lesseedate Services are performed. EXCEPT FOR THE WARRANTIES SET FORTH IN THIS SECTION, THE GOODS AND SERVICES ARE FURNISHED BY XXXXX ON AN “AS SPECIFICALLY PROVIDED HEREINIS, LESSOR DISCLAIMS WHERE IS” BASIS, AND XXXXX MAKES NO WARRANTY, AND EACH OF XXXXX AND CUSTOMER HEREBY DISCLAIMS, WAIVES AND RELEASES ANY AND ALL WARRANTIESWARRANTY, EXPRESS OR IMPLIED, RELATED WITH RESPECT TO THE EQUIPMENT AND ANY MAINTENANCE GOODS OR REPAIR WORK PERFORMED BY LESSOR SERVICES, INCLUDING ANY WARRANTIES (A) WARRANTY OF MERCHANTABILITY, SUITABILITY, OR ; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. WITHOUT LIMITING Xxxxx shall not be liable for a breach of warranty unless Customer delivers written notice of the breach to Xxxxx within the applicable warranty period. Customer shall not operate any Goods or equipment on which Xxxxx furnishes Services until project completion, as certified by Xxxxx. Xxxxx shall not be liable for damage to Goods or Customer’s equipment, or for breach of warranty, if Customer: (x) misuses, alters or repairs such Goods or equipment without the prior written consent of Xxxxx; or (y) uses such Goods or equipment after discovering a defect. Subject to the limitations herein, with respect to any defective Goods or Services for which Customer’s notice of the defect has been timely delivered to Xxxxx, Xxxxx shall, in its sole discretion, either: (i) repair, replace or reperform the defective Goods or Services or (ii) credit or refund the price of such defective Goods or Services; provided that, if Xxxxx so requests, Customer shall, at Xxxxx’x expense, return such Goods to Xxxxx. THE GENERALITY REMEDIES SET FORTH IN THIS SECTION SHALL BE THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND XXXXX’X ENTIRE LIABILITY FOR ANY BREACH OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, LIMITED WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO SET FORTH IN WRITING BY BOTH LESSOR AND LESSEETHIS SECTION.
Appears in 1 contract
Samples: Proposal Agreement
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor warrants throughout the Term that it will repair structural or mechanical defects in the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days of the occurrence thereofMEDIVATORS MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN ITS NEW PRODUCT LIMITED WARRANTY SET FORTH ON THE MEDIVATORS WEBSITE AT xxxx://xxx.xxxxxxxxxx.xxx/warrantystatement. In any event, the liability of Lessor shall be limited solely to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR MEDIVATORS EXPRESSLY DISCLAIMS ANY ALL OTHER WARRANTIES AND ALL WARRANTIESCONDITIONS, EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE, AND MEDIVATORS DOES NOT REPRESENT OR WARRANT THAT ANY PRODUCT WILL MEET BUYER’S REQUIREMENTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGMEDIVATORS will have no warranty obligation whatsoever with respect to any damage to a Product caused by or associated with: (i) external causes, THERE ARE NO CONDITIONSincluding, COVENANTSwithout limitation, AGREEMENTSaccident, REPRESENTATIONSvandalism, WARRANTIES OR OTHER PROVISIONSnatural disaster, EXPRESS OR IMPLIEDacts-of-God, COLLATERALpower failure, STATUTORY OR OTHERWISEor electric power surges; (ii) abuse, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEEmisuse, or neglect of the Product or use of unauthorized third party filters or other consumables and accessories or chemistries that have not been validated by MEDIVATORS; (iii) usage not in accordance with Product instructions; (iv) failure to perform required preventive maintenance; or (v) servicing or repair not authorized by MEDIVATORS. Any oral or written statement concerning the Products inconsistent with the warranty set forth herein will be of no force or effect. Any Products returned due to a defect will be subject to the RMA. MEDIVATORS SOLE LIABILITY under the warranty will be, at MEDIVATORS option, to either replace or repair the defective Product(s) or refund or credit the purchase price to Buyer.
Appears in 1 contract
Samples: Terms and Conditions of Sale
Limited Warranty. For as long as Lessee timely makes all payments due hereunderSeller shall provide Customer with a limited warranty on service and labor for the duration set forth in the Installation Agreement, Lessor warrants throughout beginning on the Term that it will repair structural or mechanical date of completion of services against defects in the Equipment quality of workmanship (excluding HVAC filters“Warranty Period”). Seller shall not be liable during or following the Warranty Period for any: (a) damage due to ordinary wear and tear or abusive use; (b) damage due to use of the equipment beyond the design temperatures (cooling set below 70°F, fire extinguishersfor instance); (c) defects that are the result of characteristics common to the materials used; (d) loss, fuses/breakersinjury or damages caused in any way by the weather elements; (e) conditions resulting from condensation on, light bulbsor expansion or contraction or, any materials; (f) any water leak, blockage, freezing, or other ordinary course malfunction of condensate or drain lines; and/or (g) air leaks arising from structural deficiencies within existing supply/return ducts or transitions. Seller makes no warranty to Buyer regarding materials and/or equipment installed (other than a warranty of title), and Xxxxxx authorizes no third person or party to assume any warranty obligation or liability on Seller’s behalf. The only warranties applicable to the materials and/or equipment installed are those, if any, extended by the respective manufacturer that shall furnish to Buyer any and all applicable warranty documents. Seller hereby assigns to Buyer, without recourse, any applicable warranties extended to Seller. Such assignment shall constitute Seller’s sole obligation and Xxxxx’s sole exclusive remedy from Seller with regard to defective materials and/or equipment installed. Under no circumstances shall Seller be liable to Customer for loss of time, loss of use, inconvenience, or any other incidental or consequential damages that may arise from this Agreement. Unauthorized repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days of the occurrence thereof. In any event, the liability of Lessor attempted repairs shall be limited solely to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEEvoid this warranty entirely.
Appears in 1 contract
Samples: Terms and Conditions
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor warrants throughout the Term that it will repair structural or mechanical defects in the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days of the occurrence thereof. In any event, the liability of Lessor shall be limited solely The Regional Parcel Dataset is made available to the repairing of defects in Licensed User subject to the Equipmentfollowing limitations and restrictions:
(a) The Council will take reasonable steps to ensure DataFinder on which the Regional Parcel Dataset is provided is operating correctly. Lessor shall have no liability The Licensed User is responsible for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, installation and use of the Equipment for a purpose for which it was not intended, vandalism, misuse Regional Parcel Dataset and the results or consequences obtained from such installation or use of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to LessorRegional Parcel Dataset. The repair Council is not responsible for any downloading or transmission problems a Licensed User may experience related to the availability, reliability or operation of the Equipment by Lessor due to a defect Internet.
(b) The Counties and the Council do not warrant that their respective Parcel Data or condition resulting from the Regional Parcel Dataset is error-free. Parcel Data used in the Regional Parcel Dataset were developed for the Counties’ own internal business purposes and neither the Counties nor the Council represents that the Regional Parcel Dataset can be used for navigational, tracking or any other purpose requiring exacting measurement of distance or direction or precision in the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND depiction of geographic features.
(c) ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATED TO RESPECTING THIS LICENSE, THE EQUIPMENT PARCEL DATA OR REGIONAL PARCEL DATASET ARE DISCLAIMED.
(d) THE PARCEL DATA AND REGIONAL PARCEL DATASET AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ASSOCIATED MANUALS, REFERENCE MATERIALS AND TECHNICAL DOCUMENTATION (IF ANY) ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF MERCHANTABILITYSUPPORT WHATSOEVER AND WITHOUT WARRANTY AS TO THEIR PERFORMANCE, SUITABILITY, MERCHANT- ABILITY OR FITNESS FOR A ANY PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE FOREGOINGREGIONAL PARCEL DATASET IS ASSUMED BY LICENSED USER.
(e) THE COUNTIES AND THE COUNCIL SHALL NOT BE LIABLE FOR ANY DAMAGES, THERE ARE NO CONDITIONSINCLUDING BUT NOT LIMITED TO DIRECT, COVENANTSINDIRECT, AGREEMENTSSPECIAL, REPRESENTATIONSINCIDENTAL, WARRANTIES COMPENSATORY OR OTHER PROVISIONSCONSEQUENTIAL DAMAGES OR ANY THIRD PARTY CLAIMS WHICH MAY RESULT FROM THE USE OF THE REGIONAL PARCEL DATASET BY LICENSED USERS, EXPRESS EVEN IF THE COUNTIES OR IMPLIEDTHE COUNCIL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE, COLLATERAL, STATUTORY AND
(f) THE SOLE REMEDY AVAILABLE AGAINST THE COUNCIL OR OTHERWISE, RELATING THE COUNTIES SHALL BE THE RIGHT TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEETERMINATE THIS LICENSE.
Appears in 1 contract
Samples: Regional Parcel Dataset License
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor (A) Recorded Future represents and warrants throughout that the Term that it Service will repair structural or mechanical defects in substantially conform to the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee Documentation during the Subscription Term. If Customer notifies Lessor Recorded Future in writing of a nonconformity of Service during the Subscription Term, Recorded Future will, at its option and expense, (i) correct any defects, malfunctionsnonconformities in the Service that cause the Service to fail to substantially conform to the Documentation, or leaks within two (2ii) business days provide to Customer a pro rata refund of any prepaid (to Recorded Future) but unutilized subscription Fees applicable to the non-conforming Service (in which case, Recorded Future may also terminate this Agreement with respect to such Service by written notice to Customer). The limited warranty set forth in this Section shall be void if the Service nonconformity is caused by (a) the use or operation of the occurrence thereof. In any eventService with an application or in an environment other than that recommended in writing by Recorded Future, the liability of Lessor shall be limited solely (b) modifications to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation customizations of the EquipmentService without the express written authorization of Recorded Future, utilities connection(c) accident, alteration disaster or Force Majeure Event, (d) misuse, fault or negligence of the Equipmentor by Customer, (e) use of the Equipment for Service in a purpose manner for which it was not intendeddesigned, vandalismor (f) causes external to the Service such as, misuse of the Equipmentbut not limited to, excessive wear and tear, power failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lesseeelectrical power surges.
(B) THE WARRANTY AND REMEDIES SET FORTH IN THIS SECTION 7 REPRESENT RECORDED FUTURE’S SOLE WARRANTY AND CUSTOMER’S SOLE REMEDY IN THE EVENT OF BREACH OF WARRANTY. EXCEPT AS SPECIFICALLY PROVIDED HEREINEXPRESSLY SET FORTH ABOVE IN THIS SECTION, LESSOR DISCLAIMS ANY RECORDED FUTURE AND ITS AFFILIATES HEREUNDER MAKE NO AND DISCLAIM ALL WARRANTIES, EXPRESS OR EXPRESS, IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITYSTATUTORY, OR OTHERWISE, INCLUDING WARRANTIES (I) OF NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING ; OR
(II) AS TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN ACCURACY, COMPLETENESS, OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEERELIABILITY OF ANY INFORMATION OBTAINED FROM THE SERVICE.
Appears in 1 contract
Samples: Terms of Service
Limited Warranty. For Subject to the payment of the fees for the applicable Term License (when due), Licensor warrants, for your benefit only, that for a period of three (3) months from the date on which a Term License was delivered to you by Licensor (the “Warranty Period”) the Software shall operate materially in accordance with the Documentation. This limited warranty provided by Licensor during the Warranty Period shall not apply if (i) failure of the Software has resulted from accident, abuse, unauthorized use or misapplication; (ii) any modifications were made to the Software by you or any third party; (iii) the Software has not been properly installed, operated, repaired or maintained in accordance with the instructions supplied by Licensor; (iv) the Software was used on or in conjunction with hardware or software other than hardware and software with which the Software was designed to be used as long as Lessee timely makes all payments due hereunder, Lessor warrants throughout the Term that it will repair structural or mechanical defects described in the Equipment Documentation. In the event of a breach of this warranty by Licensor during the Warranty Period, Licensor's sole obligation and your sole remedy shall be, at Licensor’s sole discretion, to replace or repair the Software or component thereof that does not meet the foregoing limited warranty, according to the terms of the SLA (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenanceas defined below), provided that Lessee notifies Lessor in writing free of any defects, malfunctions, charge. Warranty claims should be made within the Warranty Period. Any replacement or leaks within two (2) business days repaired component will be warranted for the remainder of the occurrence thereof. In any event, the liability of Lessor shall be limited solely to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect original Warranty Period or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intendedperiod of 30 days, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lesseewhichever is longer. EXCEPT FOR THE WARRANTY SET FORTH ABOVE, THE SOFTWARE IS LICENSED AND ANY SERVICES RENDERED IN CONNECTION WITH THIS AGREEMENT ARE PROVIDED ON AN "AS SPECIFICALLY PROVIDED HEREINIS" BASIS, LESSOR AND LICENSOR HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND INCLUDING, WITHOUT LIMITATION, ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, ACCURACY, RELIABILITY OR NON-INFRINGEMENT. WITHOUT LIMITING LICENSOR DOES NOT WARRANT THAT THE GENERALITY SOFTWARE SHALL BE UNINTERRUPTED, THAT THE OPERATION OF THE FOREGOINGSOFTWARE WILL BE ERROR FREE OR THAT IT SHALL MEET YOUR REQUIREMENTS. NO LICENSOR’S DEALER, THERE ARE NO CONDITIONSCHANNEL PARTNER, COVENANTSRESELLER, AGREEMENTSAGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, REPRESENTATIONSEXTENSIONS OR ADDITIONS TO THIS WARRANTY. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. FURTHER, WARRANTIES THE RESELLER IS NOT AUTHORIZED TO MAKE ANY PROMISES OR COMMITMENTS ON LICENSOR’S BEHALF, AND LICENSOR SHALL NOT BE BOUND BY ANY OBLIGATIONS TO YOU OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO THAN THOSE SPECIFIED IN WRITING BY BOTH LESSOR AND LESSEETHIS AGREEMENT.
Appears in 1 contract
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor Company warrants throughout that: (a) the Term that it will repair structural or mechanical material manufactured by Company and provided to Customer in performance of the Services is free from defects in material and manufacture for a period of 12 months from the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days earlier of the occurrence thereofdate of equipment start-up or replacement; and (b) the labor/labour portion of the Maintenance Services and Additional Work has been properly performed for a period of 90 days from date of completion (the "Limited Warranty"). In Company obligations of equipment start-up, if any eventare stated in the Proposal, are coterminous with the Limited Warranty period. Defects must be reported to Company within the Limited Warranty period. Company’s obligation under the Limited Warranty is limited to repairing or replacing the defective part at its option and to correcting any labor/labour improperly performed by Company. No liability whatsoever shall attach to Company until the Maintenance Services and Additional Work have been paid for in full. Exclusions from this Warranty include claims, losses, damages and expenses in any way connected with, related to or arising from failure or malfunction of Lessor shall be limited solely equipment due to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive following: wear and tear, ; end of life failure; corrosion; erosion; deterioration; Customer's failure to properly maintain follow the HVAC system Company-provided maintenance plan; unauthorized or improper maintenance; unauthorized or improper parts or material; refrigerant not supplied by Trane; and modifications made by others to equipment. Company shall not be obligated to pay for the cost of lost refrigerant or lost product. Some components of equipment manufactured by Company may be warranted directly from the component supplier, in which case this Limited Warranty shall not apply to those components and any warranty of such components shall be the warranty given by such component supplier. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement. Equipment, material and/or failure to provide timely notice to Lessorparts that are not manufactured by Company are not warranted by Company and have such warranties as may be extended by the respective manufacturer. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY IF THE SCOPE OF SERVICES OR ANY COMPONENT THEREOF IS USED TO PREVENT OR INHIBIT THE GROWTH OF SUCH MATERIALS. THE ENERGY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY BUILDING PERFORMANCE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEEANY KIND.
Appears in 1 contract
Samples: Scheduled Service Agreement
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor Each party warrants throughout that it has the Term necessary rights to enter into this Agreement. Customer warrants that it will repair structural or mechanical defects not take any action inconsistent with GlobalEnglish’s ownership rights in the Equipment Services. GlobalEnglish and its suppliers are not responsible for compatibility problems of any computer hardware or operating system with which the Services will be accessed and utilized. Customer shall be responsible for ensuring that its systems and equipment meet GlobalEnglish’s minimum technical requirements. A list of GlobalEnglish’s standard minimum requirements is available upon request. GlobalEnglish further warrants that to the best of its knowledge, at the time of delivery to Customer from GlobalEnglish, the Downloaded Services (excluding HVAC filtersin the form delivered from GlobalEnglish to Customer) contains no authorization codes, fire extinguisherscomputer viruses, fuses/breakersspyware, light bulbstime bombs, worms, or other ordinary course repairs or maintenance)contaminants intended to modify, provided that Lessee notifies Lessor in writing of any defectsmonitor, malfunctionsdamage, or leaks within two disable Customer’s computer systems. (2B) business days of the occurrence thereof. In any event, the liability of Lessor shall be limited solely to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to LesseeDISCLAIMERS. EXCEPT AS SPECIFICALLY EXPRESSLY SET FORTH IN THIS SECTION 6, THE SERVICES ARE PROVIDED HEREIN“AS IS” WITHOUT WARRANTIES OF ANY KIND. GLOBALENGLISH, LESSOR DISCLAIMS ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTY IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT AND HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, EXPRESS OR WHETHER EXPRESS, IMPLIED, RELATED TO THE EQUIPMENT STATUTORY, OR OTHERWISE, AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO CONDITIONSSATISFACTORY RESULTS, COVENANTSNON-INFRINGEMENT, AGREEMENTSOR TITLE, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING MAXIMUM EXTENT PERMITTED BY BOTH LESSOR AND LESSEEAPPLICABLE LAW. Further, GlobalEnglish and its suppliers make no warranty about the suitability of the Services or content for any purpose and do not warrant that the Services, including Services specified in each Order, will meet Customer’s requirements. GlobalEnglish does not warrant that the operation of the Services or access to the GlobalEnglish website(s) will be uninterrupted or error- free. Customer acknowledges and agrees that Services in an Order may be subject to limitations, delays, and other problems inherent in the use of Internet applications and electronic communications. GlobalEnglish is not responsible for any such delays, delivery failures, or any other damage resulting from events beyond GlobalEnglish’s reasonable control, without regard to whether such events are reasonably foreseeable by GlobalEnglish. Customer agrees that GlobalEnglish is not responsible for any third party content that may form part of the Services. GlobalEnglish does not monitor groups, chat rooms or message boards as a matter of policy, but it retains the right to remove content. The Services may contain links to websites operated by other parties, which are provided for convenience only; Customer agrees that GlobalEnglish is not responsible for the availability or contents of such websites. Customer agrees that the Services purchased hereunder are neither contingent on the delivery of any future functionality or features nor dependent on any oral or written public comments made by GlobalEnglish regarding future functionality or features of the Services.
Appears in 1 contract
Samples: Master Subscription Agreement
Limited Warranty. For as long as Lessee timely makes all payments due hereunderSubject to the limitations below, Lessor company warrants throughout the Term that it will repair structural or mechanical any equipment installed pursuant to this agreement to be free from defects in material and workmanship under normal use for a period of one (1) year from the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, date of beneficial use or other ordinary course repairs all or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days part of the occurrence thereof. In any eventcovered system(s) provided however, the liability of Lessor that company’s sole liability, and customer’s sole remedy, under this limited warranty shall be limited solely to the repairing repair or replacement of defects the equipment or any part thereof, which company determines is defective, at company’s sole option and subject to the availability of service personnel and parts, as determined by the company. Company does not warrant consumable items that have been consumed. Company does not warrant items designed to fail in protecting the Equipmentcovered system(s) such as, but not limited to, fuses, breakers, or lightning protection devices. Lessor shall have no liability for the repair Company warrants that any company software described in this agreement, as well as software contained in or sold as part of any defect or condition resulting from Lesseeequipment described in this agreement, will reasonably conform to its published specifications in effect at the time of delivery. However, customer agrees and acknowledges that software may have inherent defects because of its complexity. Company’s relocation of sole obligation with respect to software and customer’s sole remedy, shall be to make available published modifications, designed to correct inherent defects, which become available during the Equipmentwarranty period. Company reserves the right to void the warranty on equipment due to misuse, utilities connectionaccident, alteration of the Equipmentnegligence, use of the Equipment for a purpose for which it was not intendedunauthorized alteration, vandalismabnormal conditions, misuse of the Equipmentexposure to moisture, humidity, excessive wear and teartemperatures, failure extreme environmental conditions, computer viruses, hacker attacks, or as a result of connection to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment or use with any accessory or product not approved or authorized by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lesseecompany. EXCEPT AS SPECIFICALLY PROVIDED EXPRESSLY SET FORTH HEREIN, LESSOR COMPANY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING PURPOSE WITH RESPECT TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN SERVICES PERFORMED OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEETHE PRODUCTS, SYSTEMS, OR EQUIPMENT, IF ANY, SUPPORTED HEREUNDER. Warranty service will be performed during company’s normal working hours. If customer requests warranty service at other than normal working hours, service will be performed at company’s then current rates for after-hours services. Any repairs, adjustments, or interconnections performed by customer, or any third party shall void all warranties.
Appears in 1 contract
Samples: Rental Agreement
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor a. AssetWorks warrants throughout that the Term Services provided under this Agreement shall be performed with that it will repair structural degree of skill and judgment normally exercised by recognized professional firms performing the same or mechanical defects in substantially similar services. In the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance)event of any breach of the foregoing warranty, provided that Lessee notifies Lessor Customer has delivered to AssetWorks timely notice of such breach as hereinafter required, AssetWorks shall, at its own expense, in writing of any defects, malfunctions, its discretion either (1) re- perform the non-conforming Services and correct the non-conforming Deliverables to conform to this standard; or leaks within two (2) business days refund to Customer that portion of the occurrence thereofPrice received by AssetWorks attributable to the non-conforming Services and/or Deliverables. In any event, the liability of Lessor No warranty claim shall be limited solely effective unless Customer has delivered to AssetWorks written notice specifying in detail the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation non-conformities within 90 days after performance of the Equipment, utilities connection, alteration non-conforming Services or tender of the Equipment, use non-conforming Deliverables. The remedy set forth in this section 10(a) is the sole and exclusive remedy for breach of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS foregoing warranty.
b. ASSETWORKS SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND ALL OTHER EXPRESS OR IMPLIED STANDARDS, GUARANTEES, WARRANTIES OR IMPLIED WARRANTIES, EXPRESS OR IMPLIEDINCLUDING, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY BE ALLEGED TO ARISE AS A RESULT OF CUSTOM OR USAGE, ANY WARRANTY OF ERROR-FREE PERFORMANCE, OR ANY WARRANTY OF THIRD PARTY PRODUCTS, OR FUNCTIONALITY OF THE FOREGOINGCUSTOMER’S HARDWARE, THERE ARE NO CONDITIONSSOFTWARE, COVENANTSFIRMWARE, AGREEMENTSOR COMPUTER SYSTEMS.
c. Customer represents and warrants to AssetWorks that Customer has the right to use and furnish to AssetWorks for AssetWorks use in connection with this Agreement any information, REPRESENTATIONSspecifications, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEE.data or Intellectual Property that Customer has provided or will provide to AssetWorks in order for AssetWorks to perform the Services and to create the Deliverables identified in Exhibit A.
Appears in 1 contract
Samples: Software License Agreement
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor (a) SAIC warrants throughout that the Term Services provided under this Agreement shall be performed with that it will repair structural degree of skill and judgment normally exercised by recognized professional firms performing services of the same or mechanical defects in substantially similar nature. In the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance)event of any breach of the foregoing warranty, provided that Lessee notifies Lessor Customer has delivered to SAIC timely notice of such breach as hereinafter required, SAIC shall, at its own expense, in writing of any defects, malfunctions, its discretion either: (1) re-perform the non-conforming Services and correct the non-conforming Deliverables to conform to this standard; or leaks within two (2) business days refund to Customer that portion of the occurrence thereofamounts received by SAIC attributable to the non-conforming Services and/or Deliverables. In any event, the liability of Lessor No warranty claim shall be limited solely effective unless Customer has delivered to SAIC written notice specifying in detail the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation non-conformities within 90 days after performance of the Equipment, utilities connection, alteration non-conforming Services or tender of the Equipment, use non-conforming Deliverables. The remedy set forth in this Section 10(a) is the sole and exclusive remedy for breach of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS foregoing warranty.
(b) SAIC SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND ALL OTHER EXPRESS OR IMPLIED STANDARDS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY , ANY WARRANTIES THAT MAY BE ALLEGED TO ARISE AS A RESULT OF CUSTOM OR USAGE, ANY WARRANTY OF ERROR-FREE PERFORMANCE, OR ANY WARRANTY OF THIRD PARTY PRODUCTS, OR FUNCTIONALITY OF THE FOREGOINGCLIENT'S HARDWARE, THERE ARE NO CONDITIONSSOFTWARE, COVENANTSFIRMWARE, AGREEMENTSOR COMPUTER SYSTEMS.
(c) Customer represents and warrants to SAIC that Customer has the right to use and furnish to SAIC for SAIC's use in connection with this Agreement, REPRESENTATIONSany information, WARRANTIES OR OTHER PROVISIONSspecifications, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEE.data or Intellectual Property that Customer has provided or will provide to SAIC in order for SAIC to perform the Services and to create the Deliverables identified in Exhibit A.
Appears in 1 contract
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor TTL assigns to Buyer any warranty provided by TTL’s suppliers and by the manufacturer of the goods and only to the extent that the supplier or manufacturer honours any applicable warranty. TTL also warrants throughout that the Term that it will repair structural or mechanical processing services applied by TTL to the goods shall be free from defects in workmanship, shall conform to the Equipment (excluding HVAC filtersspecifications supplied by Buyer and agreed to in writing by TTL and shall be performed in a good and workmanlike manner in accordance with applicable industry trade standards and practices, fire extinguisherssubject to any tolerances and variations consistent with the usual trade practices. TTL makes no claims nor offers any warranty related to the merchantability, fuses/breakers, light bulbsfitness, or other ordinary course repairs suitability of any goods for any particular purpose, use, or maintenance)application, or for Buyer’s satisfaction with goods for any reason not specified or referenced on an Order. No warranty is provided that Lessee notifies Lessor for goods supplied as or for the purpose of tooling or process evaluation, samples, or design prototypes unless otherwise agreed to in writing of any defectsby TTL. TTL is not liable or responsible for, malfunctions, or leaks within two (2) business days of nor does the occurrence thereof. In any event, the liability of Lessor shall be limited solely foregoing warranty apply to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive normal wear and tear, failure decay or damages caused by misuse, improper installation, maintenance, handling, transportation, storage or operation or by overloading, accident, neglect or harmful alterations or repairs made by Buyer or any other person all of which are subject to properly maintain the HVAC system and/or failure to provide timely notice to Lessordetermination of TTL at its sole discretion. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREINTHE WARRANTIES CONTAINED IN THIS SECTION 10.2, LESSOR DISCLAIMS CONSTITUTE THE SOLE AND EXCLUSIVE WARRANTIES IN RESPECT OF THE GOODS AND THE PARTIES EXPRESSLY DISCLAIM ANY AND ALL OTHER REPRESENTATIONS, WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTSGUARANTEES AND/OR ASSURANCES, WHETHER BASED IN TORT, CONTRACT, LAW EQUITY OR OTHERWISE OR ARISING FROM A COURSE OF CONDUCT, DEALING OR TRADE INCLUDING WITHOUT LIMITATION, ANY IMPLIED REPRESENTATIONS, WARRANTIES, CONDITIONS, COVENANTS AND/OR GUARANTEES AS TO MERCHANABILITY, MERCHANTABLE QUALITY OR FITNESS FOR PURPOSE. BUYER HEREBY ACKNOWLEDGES THAT IT HAS NOT ENTERED INTO THIS TRANSACTION IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION BY ANY PERSON OR ENTITY EXCEPT FOR THE WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEEREPRESENTATIONS SPECIFICALLY SET FORTH HEREIN.
Appears in 1 contract
Samples: Terms and Conditions of Sale
Limited Warranty. For as long as Lessee timely makes all payments due hereundera. Cascade warrants to Purchaser that, Lessor warrants throughout for a period of 45 days from the Term that it will repair structural or mechanical defects in date of shipment of the Equipment Goods (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenancethe "Warranty Period"), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days of the occurrence thereof. In any event, the liability of Lessor shall be limited solely such Goods will perform to the repairing of defects in original manufacturer’s specifications as demonstrated by the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lesseemanufacturer’s relocation of the Equipmentdiagnostics.
b. EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 8(a), utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED CASCADE MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR GOODS, INCLUDING ANY WARRANTIES (i) WARRANTY OF MERCHANTABILITY, SUITABILITY, OR ; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY ; (iii) WARRANTY OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES TITLE; OR OTHER PROVISIONS, (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIEDIMPLIED BY LAW, COLLATERALCOURSE OF DEALING, STATUTORY COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
c. Cascade shall not be liable for a breach of the warranty set forth in Section 8(a) if any modifications have been made to the Goods’ operating system or hardware configuration. If Goods are submitted for warranty work and such modifications have been made, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEEany work done by Cascade to correct problems caused by such modifications will be performed at labor rates of [$70.00] per hour, with a minimum charge of [$50.00].
d. Subject to Section 8(c), above, with respect to any breach of the warranty set forth in Section 8(a), Cascade shall, in its sole discretion, replace or repair any defective component of the Goods. The defective Goods must be returned to Cascade accompanied with a return authorization number issued by Cascade by telephone or by the automated Return Material Authorization request form from Cascade’s website. Reimbursement for return shipping costs will be made in the sole discretion of Cascade. The replacement or repair shall be performed within a reasonable period of time, not to exceed one week (not including transportation time). Return shipping to Purchaser shall be at Cascade’s expense in the event warranty work is needed. In the event a replacement or repair is impossible, Cascade shall provide a refund for the defective Goods in the amount of the original purchase price.
Appears in 1 contract
Samples: Terms and Conditions of Sale
Limited Warranty. For as long as Lessee timely makes all payments due hereunderTrend Micro warrants that (a) it has the right to enter into this Agreement, Lessor warrants throughout the Term that (b) it will repair structural provide the Services under this Agreement in a professional manner with reasonable skill and care in substantial accordance with the applicable specifications, (c) for the duration of a subscription, under which Hardware is leased, such Hardware, when operated by You in accordance with the applicable documentation and specifications, will function without Error, and (d) the software accompanying the Hardware will perform in substantial accordance with the enclosed documentation, including updates thereto, and other materials (“Limited Warranty”). For purposes of this Agreement, an “Error” is a reproducible operational error that causes the Hardware to operate at material variance from its then-current specifications. Trend Micro does not warrant the accuracy of technical details or mechanical defects the suitability of the Services for a particular purpose unless so provided in the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), applicable specifications. Specifications provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days of the occurrence thereof. In any event, the liability of Lessor shall be limited solely to the repairing of defects in the Equipmentapplicable documentation or any other documentation shall not be construed to contain any guarantees, express or implicit. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the EquipmentSUBJECT TO THE FOREGOING AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, utilities connectionTHE HARDWARE, alteration of the EquipmentSERVICES, use of the Equipment for a purpose for which it was not intendedREPORTS, vandalismAPI AND RELATED MATERIALS ARE PROVIDED “AS IS” AND TREND MICRO AND ITS RESELLERS AND SUPPLIERS EXPRESSLY DISCLAIM ALL OTHER WARRANTIES WITH RESPECT TO THE SERVICES, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIEDIMPLIED OR STATUTORY, RELATED INCLUDING BUT NOT LIMITED TO THE EQUIPMENT AND ANY MAINTENANCE IMPLIED OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY STATUTORY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND QUALITY, AND NON- INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, ANY IMPLIED WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN SOFTWARE OR UNLESS EXPRESSLY CONSENTED SERVICES THAT CANNOT BE EFFECTIVELY DISCLAIMED SHALL BE LIMITED TO IN WRITING BY BOTH LESSOR THIRTY (30) DAYS FROM THE DATE YOU ACQUIRE THE SERVICES. YOU AGREE THAT THE DISCLAIMER OF WARANTIES IS FAIR AND LESSEEREASONABLE AND ACKNOWLEDGE THAT WITHOUT YOUR AGREEMENT TO THESE LIMITATIONS, TREND MICRO AND ITS SUPPLIERS WOULD NOT BE ABLE TO OFFER THE SOFTWARE OR SERVICES.
Appears in 1 contract
Samples: Services Agreement
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor Company warrants throughout that: (a) the Term that it will repair structural or mechanical material manufactured by Company and provided to Customer in performance of the Services is free from defects in material and manufacture for a period of 12 months from the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days earlier of the occurrence thereofdate of equipment start-up or replacement; and (b) the labor/labour portion of the Maintenance Services and Additional Work has been properly performed for a period of 90 days from date of completion (the "Limited Warranty"). In Company obligations of equipment start-up, if any eventare stated in the Proposal, are coterminous with the Limited Warranty period. Defects must be reported to Company within the Limited Warranty period. Company’s obligation under the Limited Warranty is limited to repairing or replacing the defective part at its option and to correcting any labor/labour improperly performed by Company. No liability whatsoever shall attach to Company until the Maintenance Services and Additional Work have been paid for in full. Exclusions from this Warranty include claims, losses, damages and expenses in any way connected with, related to or arising from failure or malfunction of Lessor shall be limited solely equipment due to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive following: wear and tear, ; end of life failure; corrosion; erosion; deterioration; Customer's failure to properly maintain follow the HVAC system Company-provided maintenance plan; unauthorized or improper maintenance; unauthorized or improper parts or material; refrigerant not supplied by Company; and modifications made by others to equipment. Company shall not be obligated to pay for the cost of lost refrigerant or lost product. Some components of equipment manufactured by Company may be warranted directly from the component supplier, in which case this Limited Warranty shall not apply to those components and any warranty of such components shall be the warranty given by such component supplier. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement. Equipment, material and/or failure to provide timely notice to Lessorparts that are not manufactured by Company (“Third-Party Product(s)”) are not warranted by Company and have such warranties as may be extended by the respective manufacturer. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to LesseeCUSTOMER UNDERSTANDS THAT COMPANY IS NOT THE MANUFACTURER OF ANY THIRD-PARTY PRODUCT(S) AND ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS ARE THOSE OF THE THIRD-PARTY MANUFACTURER, NOT COMPANY AND CUSTOMER IS NOT RELYING ON ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS REGARDING THE THIRD-PARTY PRODUCT THAT MAY BE PROVIDED BY COMPANY OR ITS AFFILIATES, WHETHER ORAL OR WRITTEN. EXCEPT AS SPECIFICALLY THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES FOR WARRANTY CLAIMS PROVIDED HEREINBY COMPANY TO CUSTOMER UNDER THIS AGREEMENT AND ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, LESSOR DISCLAIMS ANY LIABILITIES, CONDITIONS AND ALL WARRANTIESREMEDIES, WHETHER IN CONTRACT, WARRANTY, STATUTE OR TORT (INCLUDING NEGLIGENCE), EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE IN LAW OR REPAIR WORK PERFORMED BY LESSOR IN FACT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. WITHOUT LIMITING THE GENERALITY COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, ENDORSEMENTS OR CONDITIONS OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONSANY KIND, EXPRESS OR IMPLIED, COLLATERALINCLUDING ANY IMPLIED WARRANTIES OF QUALITY, STATUTORY FITNESS, MERCHANTABILITY, DURABILITY AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE OR REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR ANY COMPONENT THEREOF. NO REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, REGARDING PREVENTING, ELIMINATING, REDUCING OR INHIBITING ANY MOLD, FUNGUS, BACTERIA, VIRUS, MICROBIAL GROWTH, OR ANY OTHER CONTAMINANTS (INCLUDING COVID-19 OR ANY SIMILAR VIRUS) (COLLECTIVELY, “CONTAMINANTS”), WHETHER INVOLVING OR IN CONNECTION WITH EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE. IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY FOR THE PREVENTION, RELATING TO ELIMINATION, REDUCTION OR INHIBITION OF THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN GROWTH OR UNLESS EXPRESSLY CONSENTED TO SPREAD OF SUCH CONTAMINANTS INVOLVING OR IN WRITING BY BOTH LESSOR CONNECTION WITH ANY EQUIPMENT, THIRD-PARTY PRODUCT, OR ANY COMPONENT THEREOF, SERVICES OR OTHERWISE AND LESSEECUSTOMER HEREBY SPECIFICALLY ACKNOWLDGES AND AGREES THERETO.
Appears in 1 contract
Samples: Preventive Maintenance Agreement
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor Verizon warrants throughout for a period of thirty (30) days that the Term that it Services performed and materials provided by Verizon under this Agreement will repair structural or mechanical meet accepted industry practices and are free from defects in materials or workmanship. Should any failure to conform to this warranty appear and be reported to Verizon within said 30-day period, Verizon shall re-perform the Equipment nonconforming services, and repair or replace the nonconforming materials. Such re- performance of work, and repair or replacement of nonconforming materials, shall constitute the entire liability of Verizon and Your sole remedy under this warranty, whether claim or remedy is sought in contract, tort (excluding HVAC filtersincluding negligence), fire extinguishers, fuses/breakers, light bulbsstrict liability, or other ordinary course repairs or maintenance)otherwise. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, provided that Lessee notifies Lessor in writing of any defectsWHETHER WRITTEN OR IMPLIED, malfunctions, or leaks within two (2) business days of the occurrence thereofIN FACT OR IN LAW. In any event, the liability of Lessor shall be limited solely to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR VERIZON DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING 8. LIMITATION OF LIABILITY. IN NO EVENT, SHALL VERIZON, ITS AFFILIATED COMPANIES, THEIR EMPLOYEES, AGENTS AND CONTRACTORS, HAVE ANY LIABILITY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE GENERALITY PROVISION OF OR FAILURE TO PROVIDE THE FOREGOINGSERVICE, THERE ARE NO CONDITIONSOR FROM ANY FAULT, COVENANTSFAILURE, AGREEMENTSDEFECT OR DEFICIENCY IN ANY LABOR, REPRESENTATIONSMATERIAL, WARRANTIES WORK OR OTHER PROVISIONSPRODUCT FURNISHED IN CONNECTION WITH THE SERVICE (SUCH AS, EXPRESS BUT NOT LIMITED TO, SERVICE OUTAGES AND ANY LOSS OF USE OF WIRING, JACKS OR IMPLIEDEQUIPMENT BEYOND THE JACK, COLLATERALAND ANY DAMAGES RESULTING THEREFROM). THESE LIMITATIONS OF AND EXCLUSIONS FROM LIABILITY SHALL APPLY REGARDLESS OF WHETHER A CLAIM OR REMEDY IS SOUGHT IN CONTRACT, STATUTORY TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, RELATING EVEN IF VERIZON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES. FURTHER, XXXXXXX’S LIABILITY TO YOU, WHETHER, BASED IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE WILL BE LIMITED TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING CHARGES PAID BY BOTH LESSOR AND LESSEEYOU FOR THE SERVICE WITHIN A TWELVE (12) MONTH PERIOD PRECEDING THE ACCRUAL OF YOUR CLAIM.
Appears in 1 contract
Samples: Terms of Service
Limited Warranty. For as long as Lessee timely makes all payments due hereunderSubject to the limitations of Section 6, Lessor Seller warrants throughout the Term that it will repair structural or mechanical defects perform the Services as described in this Agreement and will exercise all reasonable skill, care and due diligence in the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days performance of the occurrence thereofServices and shall perform the Services in accordance with professional practice. In any event, the liability of Lessor Seller warrants that all Services performed shall be limited solely to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting free from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment faulty workmanship for a purpose for which it was not intendedperiod of thirty (30) days from completion of Services. To the extent assignable, vandalism, misuse Seller assigns to Buyer any warranties that are made by manufacturers and suppliers of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to LesseeParts. EXCEPT AS SPECIFICALLY PROVIDED HEREINSPECIFIED ABOVE, LESSOR DISCLAIMS ANY PARTS FURNISHED HEREUNDER ARE FURNISHED AS-IS, WHERE-IS, WITH NO WARRANTY WHATSOEVER. THE WARRANTIES SET FORTH IN THIS SECTION 5 ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY SELLER WITH RESPECT TO THE SERVICES AND PARTS AND ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING PURPOSE WHETHER OR NOT THE GENERALITY OF THE FOREGOINGPURPOSE OR USE HAS BEEN DISCLOSED TO SELLER IN SPECIFICATIONS, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY DRAWINGS OR OTHERWISE. This warranty does not extend to any losses or damages due to misuse, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEEaccident, 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 have supplied specifications, information, representation of operating conditions or other data to Seller that is used in (i) the selection of the Services and/or Parts 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 null and void. 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 Services or Parts, either alone or in combination with other parts.
Appears in 1 contract
Samples: Services Agreement
Limited Warranty. For as long as Lessee timely makes all payments due hereunder2.1. Licensor warrants to Licensee that under normal use, Lessor warrants throughout for a period of one (1) year from the Term date of this Agreement, the Software will operate in accordance with the documentation provided to Licensee by Licensor without significant errors that make it will repair structural unusable. Aside from this limited warranty, the Software is provided on an AS-IS WHERE-IS basis. Altering, modifying, maintaining or mechanical defects in servicing the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or Software by anyone other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing than Licensor shall relieve Licensor of any defects, malfunctions, or leaks within two (2) business days of the occurrence thereofobligation under this Agreement. In any event, the liability of Lessor shall be limited solely to the repairing of defects in the Equipment. Lessor Licensor shall have no liability for any failure of Licensee to use the repair of any defect Software in accordance with the documentation for the Software as provided by the Licensor or condition resulting from Lessee’s relocation if the Software is not workable because of the Equipmentmalfunction of Licensee's hardware or operating system, utilities connectionany other software or programs used with the Software or for any other cause beyond Licensor's control.
2.2. Licensor's sole obligation to Licensee under the limited warranty set forth in Section 2.1 shall be, alteration of at Licensor's option, to attempt to correct or help Licensee around errors with effort which Licensor believes suitable to the Equipmentproblem, use of to replace the Equipment for a purpose for which it was Software with functionally equivalent software (if any exist) or to refund the License fees (not intended, vandalism, misuse of the Equipment, excessive wear including any other fees or expense reimbursements) and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessorterminate this Agreement.
2.3. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR LICENSOR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES,CONDITIONS OR REPRESENTATIONS (EXPRESSED, EXPRESS OR IMPLIED, RELATED ORAL OR WRITTEN), WITH RESPECT TO THE EQUIPMENT AND SOFTWARE OR ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR PART THEREOF, INCLUDING ANY WITHOUT LIMITATION, WARRANTIES OF FOR MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WITHOUT LIMITING IN ADDITION, LICENSOR EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION TO ANY PERSON OTHER THAN LICENSEE WITH RESPECT TO THE GENERALITY SOFTWARE OR ANY PART THEREOF. LICENSEE HEREBY EXPRESSLY WAIVES ANY CLAIMS AGAINST LICENSOR FOR LOSS, INJURY OR DAMAGE OF ANY KIND, DIRECTLY OR INDIRECTLY RESULTING FROM LICENSEE'S USE OF THE FOREGOINGSOFTWARE OR FROM ANY DEFECTS THEREIN, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS OTHERWISE PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEETHIS AGREEMENT.
Appears in 1 contract
Samples: End User License Agreement
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor warrants throughout the Term term of this Lease Agreement that it will repair structural or mechanical defects in the Modular Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days of the occurrence thereof. In any event, the liability of Lessor shall be limited solely to the repairing of defects in the Modular Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Modular Equipment, utilities connection, alteration of the Modular Equipment, use of the Modular Equipment for a purpose for which it was not intended, failure to comply with the requirements of Section 6, vandalism, misuse of the Modular Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Modular Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. LESSOR SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LIQUIDATED, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, COSTS OR EXPENSES ARISING IN RELATION TO LESSOR’S LIMITED WARRANTY, OR ANY REPAIRS PERFORMED PURSUANT TO THE LIMITED WARRANTY. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE MODULAR EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEE.AND
Appears in 1 contract
Samples: Lease Agreement
Limited Warranty. For as long as Lessee timely makes all payments due hereunderENDOCARTS MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN ITS LIMITED WARRANTY SET FORTH ON THE ENDOCARTS WEBSITE AT xxxx://xxxxxxxxxxxxxxxxxxxxxx.xxx/terms-conditions.pdf. ENDOCARTS HAS THE RIGHT TO MODIFY ITS LIMITED WARRANTY FROM TIME TO TIME IN ITS SOLE DISCRETION; HOWEVER, Lessor warrants throughout the Term that it will repair structural or mechanical defects in the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days of the occurrence thereofTHE WARRANTY IN EXISTENCE ON THE DATE OF A PURCHASE ORDER WILL BE THE WARRANTY THAT APPLIES TO THE PRODUCT ACQUIRED UNDER SUCH PURCHASE ORDER. In any event, the liability of Lessor shall be limited solely to the repairing of defects in the EquipmentANY SUCH MODIFIED LIMITED WARRANTY WILL BE SET FORTH ON THE ENDOCARTS WEBSITE. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR ENDOCARTS EXPRESSLY DISCLAIMS ANY ALL OTHER WARRANTIES AND ALL WARRANTIESCONDITIONS, EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE, AND ENDOCARTS DOES NOT REPRESENT OR WARRANT THAT ANY PRODUCT WILL MEET BUYER’S REQUIREMENTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGEndocarts will have no warranty obligation whatsoever with respect to any damage to a Product caused by or associated with: (i) external causes, THERE ARE NO CONDITIONSincluding, COVENANTSwithout limitation, AGREEMENTSaccident, REPRESENTATIONSvandalism, WARRANTIES OR OTHER PROVISIONSnatural disaster, EXPRESS OR IMPLIEDacts-of-God, COLLATERALpower failure, STATUTORY OR OTHERWISEor electric power surges; (ii) abuse, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEEmisuse, or neglect of the Product or use of unauthorized third party filters or other consumables and accessories or chemistries that have not been validated by Endocarts; (iii) usage not in accordance with Product instructions; (iv) failure to perform required preventive maintenance; or (v) servicing or repair not authorized by Endocarts. No representative or agent of Endocarts has any authority to bind Endocarts to any other representation or warranty with respect to the Products or Services and any oral or written statement concerning the Products inconsistent with the warranty set forth on the Endocarts website will be of no force or effect. Any Products returned due to a defect will be subject to the RMA. Replacement Products issued by Endocarts will be subject to the same warranty as the warranty for the original Product and the same limitations, exceptions and conditions will apply.
Appears in 1 contract
Samples: Terms and Conditions of Sale
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor SKYWARD warrants throughout the Term that and represents that: (i) it will repair structural or mechanical defects provide the Services in a good, workmanlike and professional manner, consistent with standards in the Equipment industry, and as described in this Services Agreement, including the SOW, the Baseline Plan, the POs, and any approved SCRs; and (excluding HVAC filtersii) the Deliverables will conform to the descriptions in this Services Agreement, fire extinguishersincluding the SOW, fuses/breakersthe Baseline Plan, light bulbsthe POs and any approved SCRs. Except for the foregoing, the Services Deliverables, and Licensed Software are provided AS IS. This limited warranty extends only to [LEA NAME] as the original purchaser and licensee. [LEA NAME]’s sole and exclusive remedy and the entire liability of SKYWARD under this limited warranty will be, at SKYWARD’s option, repair or replacement of the Services, Deliverables, or other ordinary course repairs or maintenance)Licensed Software. In no event does SKYWARD warrant that the Services, provided that Lessee notifies Lessor in writing of any defects, malfunctionsDeliverables, or leaks within two Licensed Software will be error free or without problems or interruptions. This limited warranty does not apply if [LEA NAME] has (a) failed to pay the annual License Fees due under the terms of this Services Agreement; (b) has failed to pay any Fees or other amounts due SKYWARD under the terms of this Services Agreement; or (c) if the Deliverables or Licensed Software: (1) have been altered in any way, except by SKYWARD; (2) business days of the occurrence thereof. In any eventhave not be installed, the liability of Lessor shall be limited solely operated, repaired, or maintained in accordance with instructions and specifications supplied by SKYWARD; or (3) have been subjected to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect abnormal physical or condition resulting from Lessee’s relocation of the Equipmentelectrical stress, utilities connectionmisuse, alteration of the Equipmentnegligence, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lesseeaccident. EXCEPT AS SPECIFICALLY PROVIDED HEREINSPECIFICED IN THIS LIMITED WARRANTY, LESSOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIEDIMPLIED CONDITIONS, RELATED TO THE EQUIPMENT REPRESENTATIONS, AND WARRANTIES INCLUDING WITHOUT LIMITATION, ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING HEREBY EXCLUDED TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING EXTENT ALLOWED BY BOTH LESSOR AND LESSEEAPPLICABLE LAW.
Appears in 1 contract
Samples: Services Agreement
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor Imatron warrants throughout to Distributor that the Term that it will repair structural or mechanical Products provided in accordance with the terms hereof shall be free from defects in material and workmanship and in any event comply with the Equipment requirements specified by the Ministry of Health of Japan. The foregoing warranty (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor i) in writing the case of new Systems shall be for a period of twelve (12) months from the date on which the Products are put into operation with the exception of any defects, malfunctions, options or leaks within two parts so noted in APPENDIX A and (2ii) business in the case of refurbished Systems and renewal and/or replacement parts shall be for ninety (90) days from installation or until termination of the occurrence thereofSystem warranty period, whichever is longer. In any event, the liability of Lessor shall be limited solely This warranty pertains to the repairing of defects all parts failing in the Equipmentcourse of normal operation. Lessor shall have It does not cover parts modified without the prior authorization of Imatron or parts damaged due to mishandling or misuse or failure to operate and maintain the Products in accordance with the operating manuals and specifications supplied to Importer or Distributor. Notwithstanding the foregoing, Imatron makes no liability warranty with regard to options or accessories purchased from other vendors but agrees to assign to Distributor any warranties received by Imatron from its suppliers for the repair of any defect or condition resulting from Lessee’s relocation such options and accessories. The AccuImage Workstation is warranted as a part of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to LesseeSystem. EXCEPT AS SPECIFICALLY PROVIDED HEREINSET FORTH ABOVE, LESSOR DISCLAIMS ANY AND ALL IMATRON MAKES NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, RELATED WITH RESPECT TO THE EQUIPMENT AND PRODUCTS, INCLUDING WITHOUT LIMITATION ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING DISTRIBUTOR ACCEPTS THE GENERALITY PRODUCTS SOLELY ON THE BASIS OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEEWARRANTY EXPRESSED ABOVE.
Appears in 1 contract
Samples: Distributor Agreement (Imatron Inc)
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor (a) SAIC warrants throughout that the Term Services provided under this Agreement shall be performed with that it will repair structural degree of skill and judgment normally exercised by recognized professional firms performing services of the same or mechanical defects in substantially similar nature. In the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance)event of any breach of the foregoing warranty, provided that Lessee notifies Lessor Predictive has delivered to SAIC timely notice of such breach as hereinafter required, SAIC shall, at its own expense, in writing of any defects, malfunctions, its discretion either: (1) re-perform the non-conforming Services and correct the non-conforming Deliverables to conform to this standard; or leaks within two (2) business days refund to Predictive that portion of the occurrence thereofamounts received by SAIC attributable to the non-conforming Services and/or Deliverables. In any event, the liability of Lessor No warranty claim shall be limited solely effective unless Predictive has delivered to SAIC written notice specifying in detail the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation non-conformities within 90 days after performance of the Equipment, utilities connection, alteration non-conforming Services or tender of the Equipment, use non-conforming Deliverables. The remedy set forth in this Section 10(a) is the sole and exclusive remedy for breach of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS foregoing warranty.
(b) SAIC SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND ALL OTHER EXPRESS OR IMPLIED STANDARDS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY BE ALLEGED TO ARISE AS A RESULT OF CUSTOM OR USAGE, ANY WARRANTY OF ERROR-FREE PERFORMANCE, OR ANY WARRANTY OF THIRD PARTY PRODUCTS, OR FUNCTIONALITY OF THE FOREGOINGPREDICTIVE'S HARDWARE, THERE ARE NO CONDITIONSSOFTWARE, COVENANTSFIRMWARE, AGREEMENTSOR COMPUTER SYSTEMS.
(c) Predictive represents and warrants to SAIC that Predictive has the right to use and furnish to SAIC for SAIC's use in connection with this Agreement, REPRESENTATIONSany information, WARRANTIES OR OTHER PROVISIONSspecifications, EXPRESS OR IMPLIEDdata or Intellectual Property that Predictive has provided or will provide to SAIC in order for SAIC to perform the Services and to create the Deliverables identified in Task Orders incorporated into Exhibit A. Predictive further represents and warrants that possession and use of that information, COLLATERALspecifications and data by SAIC under the terms and conditions of this Agreement will not constitute an infringement upon any patent, STATUTORY OR OTHERWISEcopyright, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEE.trade secret, or other intellectual property right of any third party
Appears in 1 contract
Samples: Professional Services Agreement (Predictive Systems Inc)
Limited Warranty. For as long as Lessee timely makes all payments due hereunderUnless otherwise expressly described and published in a particular product specification, Lessor data sheet or otherwise agreed to in a writing signed by XXXXXXX, ECHELON warrants throughout the Term that it will repair structural or mechanical Hardware Products only against defects in the Equipment materials and workmanship for a period of one (excluding HVAC filters1) year after shipment to CUSTOMER. ECHELON's sole and exclusive liability and CUSTOMER's sole remedy under this warranty shall be, fire extinguishersat ECHELON's option, fuses/breakersto provide repaired or replacement Hardware Products for such defective Hardware Products. The Products which CUSTOMER considers defective shall be returned per XXXXXXX's standard Return Material Authorization procedures. This warranty shall be void if, light bulbsin ECHELON's reasonable opinion, such defective condition was caused in whole or in part by CUSTOMER's misuse, neglect, testing, attempts to repair, or any other cause beyond normal usage in accordance with Echelon’s written specifications, or by accident, fire, or other ordinary course repairs hazard. Repair or maintenance)replacement does not extend the warranty period for such Product. The limited warranty, provided that Lessee notifies Lessor if any, for Software Products will be as set forth in writing of any defects, malfunctions, or leaks within two (2) business days of the occurrence thereofsoftware license agreement accompanying the Products. In any event, the liability of Lessor shall be limited solely ECHELON makes no warranty for Services. The warranty contained herein is made and valid to the repairing of defects in the Equipmentoriginal CUSTOMER only, and not to any subsequent purchaser. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND THE WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL WARRANTIESOTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, RELATED WITH RESPECT TO THE EQUIPMENT AND PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, INTELLECTUAL PROPERTY OWNERSHIP OR SATISFACTORY QUALITY. WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGWITH RESPECT TO SERVICES, THERE ARE NO CONDITIONSECHELON SPECIFICALLY DOES NOT GUARANTEE THAT ALL PROBLEMS WILL BE SOLVED OR THAT ANY RESPONSE WILL BE ERROR-FREE. Without limiting the generality of the foregoing, COVENANTSand unless XXXXXXX expressly agrees otherwise in writing signed by an authorized signatory, AGREEMENTSdesign review services will be based on XXXXXXX's preliminary review of the CUSTOMER’S assembly under examination and reliant on CUSTOMER’S information and representations, REPRESENTATIONSand are not intended to represent, WARRANTIES OR OTHER PROVISIONSnor may be considered or relied upon as a thorough engineering analysis of the design. It is the responsibility of the CUSTOMER thoroughly to review the architecture and engineering of its design, EXPRESS OR IMPLIEDassembly and components used therein using the latest revision of the pertinent User's Guides and manuals for all parts, COLLATERALincluding, STATUTORY OR OTHERWISEwithout limitation, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEEthe Neuron® Chip. Without limiting the generality of the foregoing, no claim is made regarding the suitability of the assembly under test with regard to a particular application, regulatory compliance, or safety agency compliance.
Appears in 1 contract
Samples: Sales Contracts
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor warrants throughout the Term that it will repair structural or mechanical If you discover physical defects in the Equipment (excluding HVAC filtersmedia, fire extinguishersAlazar Technologies, fuses/breakers, light bulbs, Inc. will replace the media or other ordinary course repairs or maintenance)documentation at no charge to you, provided that Lessee notifies Lessor in writing you return the item to be replaced with proof of any defectspayment to Alazar Technologies, malfunctions, or leaks within two (2) business days Inc. during the 90-day period after having taken delivery of the occurrence thereofsoftware. In Alazar Technologies, Inc. excludes any eventand all implied warranties, the liability including warranties of Lessor shall be limited solely to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment merchantability and fitness for a particular purpose and limits your remedy to return the software and documentation to Alazar Technologies, Inc. for which it was not intendedreplacement. Although Alazar Technologies, vandalismInc. has tested the software and reviewed the documentation, misuse of the EquipmentALAZAR TECHNOLOGIES, excessive wear and tearINC. MAKES NO WARRANTY OF REPRESENTATION, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS EITHER EXPRESSED OR IMPLIED, RELATED WITH RESPECT TO THE EQUIPMENT AND ANY MAINTENANCE THIS SOFTWARE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF DOCUMENTATION, ITS QUALITY, PERFORMANCE, MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING AS A RESULT, THIS SOFTWARE AND DOCUMENTATION IS LICENSED “as is” AND YOU, THE GENERALITY LICENSEE, ARE ASSUMING THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE. IN NO EVENT WILL ALAZAR TECHNOLOGIES, INC. BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE FOREGOINGUSE OR INABILITY TO USE THIS SOFTWARE OR DOCUMENTATION, THERE even if advised of the possibility of such damages. In particular, Alazar Technologies, Inc. shall have no liability for any data acquired, stored or processed with this software, including the costs of recovering such data. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE NO CONDITIONSEXCLUSIVE AND IN LIEU OF ALL OTHERS, COVENANTSORAL OR WRITTEN, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS EXPRESSED OR IMPLIED. No Alazar Technologies, COLLATERALInc. dealer, STATUTORY OR OTHERWISEagent or employee is authorized to make any modifications or additions to this warranty. Information in this document is subject to change without notice and does not represent a commitment on the part of Alazar Technologies, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEE.Inc. The software described in this document is furnished under this license agreement. The software may be used or copied only in accordance with the terms of the agreement. It is against the law to copy the software on any medium except as specifically allowed in the license agreement. No part of this manual may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying and recording, for any purpose without the written permission of Alazar Technologies, Inc. Some jurisdictions do not allow the exclusion of implied warranties or liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. 1 Introduction 1
Appears in 1 contract
Samples: License Agreement
Limited Warranty. At the sole discretion of Freight Controller, Freight Controller will arrange to replace FMS Dispatcher or arrange for provision of equivalent FMS Dispatcher or arrange to repair FMS Dispatcher whichever is the cheapest should FMS Dispatcher be found to be faulty or defective during the Licence Period. The warranty provided by Freight Controller in relation to FMS Dispatcher shall be limited to replacing FMS Dispatcher, or providing equivalent FMS Dispatcher or repairing FMS Dispatcher whichever is the cheapest and shall not encompass any claims relating to damages, including but not limited to loss of product, data, commercial damage, incidental, consequential, or other similar claims. Any condition or warranty which would otherwise be implied by law to this agreement is hereby excluded. Where legislation implies in this agreement any condition or warranty, and that legislation avoids or prohibits provisions in a contract excluding or modifying application of or exercise or liability under such condition or warranty, the condition or warranty will be deemed to be included in this agreement. Despite any other provision to the contrary in this agreement, Freight Controller will not arrange to provide to the client the benefit of the limited warranty provided by Freight Controller as set out above, if the fault or defect is related to hardware used by the client or other software used by the client; or if the fault or defect is directly or indirectly caused or contributed to by the client’s error, negligence or breach of this agreement which includes but is not limited to unauthorized use, copying, modification, reverse engineering of FMS Dispatcher or the Media; or the Operating Manual. For as long as Lessee timely makes all payments due hereunderthe avoidance of doubt, Lessor warrants throughout Freight Controller’s responsibility if any to the Term client pursuant to this clause is limited to conveying to the client the benefit of the limited warranty given by Freight Controller in relation to FMS Dispatcher, and Freight Controller provides no further warranty to the client in relation to FMS Dispatcher. The client acknowledges Freight Controller’s proprietary interest in the Operating Manual and covenants that it will repair structural or mechanical defects not copy the Operating Manual except with the prior written consent of Freight Controller and for the purpose of using FMS Dispatcher in the Equipment manner reasonably contemplated by the parties. Each warehouse using Freight Controller software will attract an annual fee for licensing and technical support. Receipt of the licensing fee grants a non-exclusive right to the client to use one copy or copies (excluding HVAC filtersas specified in this agreement) of the FMS Dispatcher system during the Licence Period. Each License Period of one year shall be paid 30 days in advance of the anniversary date. Failure to meet these terms will deem to be a request to cancel this agreement. Freight Controller is not required to provide updates or new releases to the client pursuant to this agreement. Freight Controller reserves the right to increase any fees charged by it and to impose other software servicing charges on the client upon giving one month’s notice in writing to the client. Freight Controller warrants that it has the right to grant the licence referred to in this agreement to the client. Freight Controller will, fire extinguishersif required, fuses/breakers, light bulbsconvert soft copy rates files provided by the client, or clients preferred carriers, into the FMS Dispatcher format as part of the initial installation fee (up to three files, extra files attract a programming fee payable by the client). Freight Controller shall not be liable to validate or check that information. It remains the client’s responsibility to verify the accuracy of the supplied rates once loaded in the dispatcher system. If after installation additional rates are required, Freight Controller will charge an hourly rate to the client to convert the new data. It is the client’s responsibility to manage any rate increases or decreases once installed in the system, including Fuel Levies, to ensure accuracy of consignment pricing. In the event that the client fails to pay the Licence Fee by the due date, Freight Controller shall be entitled to suspend its remaining obligations under this agreement and to re-possess FMS Dispatcher. Should the services of Freight Controller be cancelled by either the client or Freight Controller or should the Licence Period expire, FMS Dispatcher and any other ordinary course repairs property or maintenanceinformation of or relating to Freight Controller are to be returned by the client to Freight Controller at the client’s cost within seven (7) days of such cancellation of services or expiration of the Licence Period. Freight Controller requires three months’ notice of cancellation in writing. Notice of Copyright Australian and International copyright laws and treaties protect FMS Dispatcher. Freight Controller authorises the client to make archival copies of FMS Dispatcher for the sole purpose of back -up only. It is illegal to make copies of FMS Dispatcher without the prior written consent from Freight Controller. In particular, it is illegal to make copies of FMS Dispatcher for the client’s own use or for the use of another person or company. Notwithstanding anything to the contrary set out in this agreement, this provision does not seek to exclude or limit the application of sections 47B (3), provided that Lessee notifies Lessor in writing of any defects47C, malfunctions47D, 47E or leaks within two (2) business days 47F of the occurrence thereofCopyright Xxx 0000 (Cth). In any event, Freight Controller retains ownership of FMS Dispatcher whether in their original form or as modified by Freight Controller or the liability client. All intellectual property rights in FMS Dispatcher are retained by Freight Controller. Nothing in this agreement affects the ownership of Lessor shall be limited solely to the repairing of defects Moral Rights in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEEFMS Dispatcher.
Appears in 1 contract
Samples: Licensing Agreement
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor warrants throughout the Term that it will repair structural or mechanical defects Notwithstanding anything in the Equipment (excluding HVAC filtersforegoing to the contrary, Landlord hereby warrants that as of the Commencement Date, the existing electrical, plumbing and sewer, fire extinguisherslife safety system (which system includes in rack sprinklers), fuseslighting, office areas (including the ceiling tiles, paint, carpet and heating, ventilating and air conditioning system serving the office area), mechanical refrigeration systems, including any electrical fans, compressors, freezer/breakerscooler doors and heaters in the Premises and other specific items as noted on Exhibit I attached hereto (collectively, light bulbsthe “Refrigeration Equipment”), cold storage panels, vapor barrier, freezer slab insulation, roof membrane, fire sprinklers, glycol underfloor heating systems, loading doors/levelers/seals/locks/chocks of the Premises, other than those constructed or other ordinary course repairs or maintenance)altered by Tenant, shall be in good operating condition, provided that Lessee notifies Lessor Tenant shall be solely responsible for determining whether the Refrigeration Equipment is suitable for Tenant’s permitted use and the conduct of Tenant’s business in writing the Premises. If a non-compliance with either of the foregoing warranties exists as of the Commencement Date, then Landlord shall, as Landlord’s sole obligation with respect to such matter, except as otherwise provided in this Lease, promptly after receipt of written notice from Tenant setting forth with specificity the nature and extent of such non-compliance, rectify the same at Landlord’s expense. If Tenant does not give Landlord written notice of any defectsnon-compliance with the foregoing warranties (i) within six (6) months after the Commencement Date with respect to any repair or replacement of the Refrigeration Equipment (beyond normal repair/maintenance that would be covered by the applicable Maintenance Contract, malfunctionsas defined below), or leaks (ii) within two thirty (230) business days after the Commencement Date with respect to other elements of the occurrence thereof. In any eventPremises specified hereinabove, then the liability correction of Lessor such non-compliance shall be limited solely the obligation of Tenant at Tenant’s sole cost and expense (except to the repairing of defects extent otherwise provided in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEEArticle 7 below).
Appears in 1 contract
Samples: Industrial Building Lease (Real Good Food Company, Inc.)
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor (a) AssetWorks warrants throughout that the Term Services provided under this Agreement shall be performed with that it will repair structural degree of skill and judgment normally exercised by recognized professional firms performing the same or mechanical defects in substantially similar services. In the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance)event of any breach of the foregoing warranty, provided that Lessee notifies Lessor CUSTOMER has delivered to AssetWorks timely notice of such breach as hereinafter required, AssetWorks shall, at its own expense, in writing of any defects, malfunctions, its discretion either (1) re-perform the non-conforming Services and correct the non-conforming Deliverables to conform to this standard; or leaks within two (2) business days refund to CUSTOMER that portion of the occurrence thereofPrice received by AssetWorks attributable to the non-conforming Services and/or Deliverables. In any event, the liability of Lessor No warranty claim shall be limited solely effective unless CUSTOMER has delivered to AssetWorks written notice specifying in detail the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation non-conformities within 90 days after performance of the Equipment, utilities connection, alteration non-conforming Services or tender of the Equipment, use non-conforming Deliverables. The remedy set forth in this section 11(a) is the sole and exclusive remedy for breach of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS foregoing warranty.
(b) ASSETWORKS SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND ALL OTHER EXPRESS OR IMPLIED STANDARDS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY BE ALLEGED TO ARISE AS A RESULT OF CUSTOM OR USAGE, ANY WARRANTY OF ERROR-FREE PERFORMANCE, OR ANY WARRANTY OF THIRD PARTY PRODUCTS, OR FUNCTIONALITY OF THE FOREGOINGCUSTOMER’S HARDWARE, THERE ARE NO CONDITIONSSOFTWARE, COVENANTSFIRMWARE, AGREEMENTSOR COMPUTER SYSTEMS.
(c) CUSTOMER represents and warrants to AssetWorks that CUSTOMER has the right to use and furnish to AssetWorks for AssetWorks’ use in connection with this Agreement any information, REPRESENTATIONSspecifications, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEE.data or Intellectual Property that CUSTOMER has provided or will provide to AssetWorks in order for AssetWorks to perform the Services and to create the Deliverables identified in Exhibit A.
Appears in 1 contract
Samples: Technical Services Agreement
Limited Warranty. For as long as Lessee timely makes all payments due hereunderSeller warrants to Buyer that the Services will be performed by trained personnel using proper equipment and instrumentation for the particular service. Seller warrants that any analysis of data, Lessor subsequent recommendations and other services will be in accordance with applicable established industry standards and practices. Seller warrants throughout the Term that it will repair structural or mechanical defects in the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days proper performance of the occurrence thereofServices for a period of ninety (90) days from the completion of the Services. In any eventWarranties applicable to third party equipment, the liability of Lessor parts or materials furnished by Seller shall be limited solely that of the manufacturer of such Parts and only to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure extent assignable to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to LesseeBuyer. EXCEPT AS SPECIFICALLY PROVIDED HEREINSPECIFIED ABOVE, LESSOR DISCLAIMS ANY THIRD PARTY SERVICES AND/OR PARTS ARE FURNISHED AS-IS, WHERE-IS, WITH NO WARRANTY WHATSOEVER. THE WARRANTY SET FORTH IN THIS SECTION IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY SELLER WITH RESPECT TO THE SERVICES AND PARTS AND IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING PURPOSE WHETHER OR NOT THE GENERALITY OF THE FOREGOINGPURPOSE OR USE HAS BEEN DISCLOSED TO SELLER IN SPECIFICATIONS, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY DRAWINGS OR OTHERWISE. This warranty does not extend to any losses or damages due to misuse, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEEaccident, 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 have supplied specifications, information, representation of operating conditions or other data to Seller that is used in (i) the selection of the Services and/or Parts 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 null and void. If within thirty (30) days after Buyer’s discovery of any warranty defects within the warranty period, Buyer notifies Seller thereof in writing, Seller shall, at its option, repair, correct or replace F.O.B. point of manufacture, or refund the purchase price for, that portion of the services or equipment 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. Equipment repaired or replaced during the warranty period shall be covered by the foregoing warranties for the remainder of the original warranty period or thirty (30) days from the date of shipment, whichever is longer. 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 Services or Parts, either alone or in combination with other parts.
Appears in 1 contract
Samples: Services Agreement
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor warrants throughout Provided Licensee has paid the Term that it will repair structural or mechanical defects in applicable license fees for the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenanceProduct(s), provided for 90 days after the date of shipment to Licensee (date of shipment meaning either the date Licensor shipped the Product on media or the date on which Licensee downloaded the Product from an authorized Netscape download site) of each Product (the "Warranty Period"), Licensor warrants that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2i) business days of the occurrence thereof. In any event, media on which the liability of Lessor shall Product is delivered will be limited solely to the repairing free of defects in material and workmanship under normal use; and (ii) the Equipmentunmodified Product, when properly installed and used, will substantially achieve the functionality described in the applicable documentation. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the EquipmentTHE EXPRESS WARRANTY SET FORTH HEREIN CONSTITUTES THE ONLY WARRANTY WITH RESPECT TO THE PRODUCT(S). LICENSOR AND ITS SUPPLIERS DO NOT MAKE, utilities connectionAND HEREBY EXCLUDE, alteration of the EquipmentALL OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW) WITH RESPECT TO ANY PRODUCT OR TEST DATA INCLUDED IN ANY PRODUCT. LICENSOR AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF TITLE, use of the Equipment for a purpose for which it was not intendedMERCHANTABILITY, vandalismFITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. LICENSOR AND ITS SUPPLIERS DO NOT WARRANT THAT THE PRODUCT(S) WILL MEET LICENSEE'S REQUIREMENTS OR WILL OPERATE IN THE COMBINATIONS WHICH MAY BE SELECTED BY LICENSEE OR THAT THE OPERATION OF THE PRODUCT(S) WILL BE SECURE, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR ERROR-FREE OR UNINTERRUPTED AND LICENSOR HEREBY DISCLAIMS ANY AND ALL WARRANTIESLIABILITY ON ACCOUNT THEREOF. THE SECURITY MECHANISMS IMPLEMENTED BY THE PRODUCT(S) HAVE INHERENT LIMITATIONS, AND LICENSEE MUST DETERMINE THAT THE PRODUCT(S) SUFFICIENTLY MEET LICENSEE'S REQUIREMENTS. LICENSOR AND ITS SUPPLIERS SHALL HAVE NO OBLIGATIONS UNDER THE WARRANTY PROVISIONS SET FORTH HEREIN IF LICENSEE SUBJECTS THE MEDIA TO ACCIDENT OR ABUSE; ALTERS, MODIFIES OR MISUSES THE PRODUCT(S); USES THE PRODUCT(S) INCORPORATED, ATTACHED OR IN COMBINATION WITH NON-NETSCAPE SOFTWARE OR ON ANY COMPUTER SYSTEM OTHER THAN THAT FOR WHICH THE PRODUCT IS INTENDED; OR LICENSEE VIOLATES THE TERMS OF THIS AGREEMENT. THE EXTENT OF LICENSOR'S DUTY UNDER THIS LIMITED WARRANTY SHALL BE THE CORRECTION OR REPLACEMENT ANY PRODUCT WHICH FAILS TO MEET THIS WARRANTY. IN THE EVENT OF A BREACH OF THIS WARRANTY, AND IF LICENSEE PROVIDES LICENSOR WITH A WRITTEN REPORT DURING THE WARRANTY PERIOD, LICENSOR WILL USE REASONABLE EFFORTS TO CORRECT OR REPLACE PROMPTLY, AT NO CHARGE TO LICENSEE, THE ERRORS OR FAILURES. THIS IS LICENSEE'S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSEHEREUNDER. WITHOUT LIMITING THE GENERALITY OF NOTWITHSTANDING THE FOREGOING, THERE ARE SOME JURISDICTIONS DO NO CONDITIONSALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES; HOWEVER, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING THE EXCLUSIONS OF LICENSOR'S WARRANTY IN THIS LIMITED WARRANTY SECTION SHALL APPLY TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN FULLEST EXTENT PERMITTED BY APPLICABLE LAW. THIS AGREEMENT DOES NOT EXCLUDE ANY WARRANTIES THAT MAY NOT BE EXCLUDED BY LAW AND ANY LIABILITY ARISING HEREUNDER SHALL BE LIMITED TO THE CORRECTION OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEEREPLACEMENT OF THE APPLICABLE PRODUCT, AT LICENSOR'S OPTION.
Appears in 1 contract
Samples: Software Order Form (Net2phone Inc)
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor IMS warrants throughout that the Term that it will repair structural or mechanical defects in the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days of the occurrence thereof. In any event, the liability of Lessor Products sold to Maxtor shall be limited solely conform to the repairing corresponding written product specification provided by Maxtor to IMS and current at the time of Maxtor's Order ("Specification") [*] for a period of twelve (12) months from the date of receipt by Maxtor. The materials portion of this warranty shall not apply to the extent of defects in the Equipment. Lessor shall have no liability for Product directly attributable to the repair failure of any defect Materials consigned or condition resulting from Lessee’s relocation supplied to IMS by Maxtor. All claims for breach of warranty with respect to any unit of the Equipment, utilities connection, alteration Products must be received by IMS no later than fifteen (15) days after the expiration of the Equipmentwarranty period. The warranty does not extend to any Products (i) which have been subjected to misuse, neglect, excessive deterioration or erosion, abuse, accident, improper installation, extreme electrical or physical stress, or any other use by Maxtor in violation of or contrary to IMS' instructions; (ii) which have been repaired or altered in any manner by anyone other than IMS or persons expressly authorized by IMS; or (iii) which are defective as a result of causes external to the Product. IMS' sole and exclusive obligation with respect to defective Products returned under warranty shall be, at IMS' option, repair or replacement thereof or refund of the Equipment for a purpose for which it was not intendedpurchase price. THE EXPRESS WARRANTY AND WARRANTY REMEDIES PROVIDED IN THIS SECTION ARE MAXTOR'S SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF THE WARRANTIES IN THIS SECTION. IMS MAKES, vandalismAND HAS MADE, misuse of the EquipmentNO OTHER WARRANTIES TO MAXTOR, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR AND IMS HEREBY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS WRITTEN OR ORAL, EXPRESS, IMPLIED, RELATED OR STATUTORY, IN ANY MANNER OR FORM WHATSOEVER, INCLUDING, BUT NOT LIMITED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A ANY PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY PURPOSE OR NONINFRINGEMENT OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF THIRD PARTY RIGHTS (EXCEPT AS EXPRESSLY PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEESECTION 17 ("INDEMNIFICATION")). Maxtor shall pay IMS such amounts as are mutually agreed from time to time for (i) testing of returned units in "no problem found" situations (i.e., where Product units returned to IMS conform to the above warranty) and (ii) network of returned units where the failure * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. of the units to conform to the above warranty is not due to any breach of warranty by IMS (e.g., situations where the Product unit has been abused or damaged by persons other than IMS).
Appears in 1 contract
Samples: Manufacturing Services Agreement (International Manufacturing Services Inc)
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor a. EASTBAY warrants throughout the Term that (i) it will repair structural convey good title to the Goods, free from any security interest or mechanical other lien or encumbrance; (ii) the Goods will conform, within normal commercial standards, to any applicable or agreed upon specifications and, under normal use, and when proper service and maintenance are performed, shall be free from defects in materials and workmanship for a period of one (1) year from the Equipment date of delivery by EASTBAY to Customer and (excluding HVAC filtersiii) any Services provided by it shall be performed in a workmanlike and competent manner consistent with normally accepted industry standards. The sole and exclusive remedy of the Customer and obligation of EASTBAY under this Warranty is limited, fire extinguishersat Eastbay's option, fusesto the replacement or reworking of the defective Goods or Services or the return of that portion of the purchase price applicable to the defective Goods or Services as agreed to by Eastbay or its third party return/breakersexchange policies.
b. Eastbay's warranty does not apply (i) to any damage to Goods resulting from misuse, light bulbsnegligence, improper installation, or other ordinary course repairs accident; (ii) damage or maintenance)deterioration due to normal use, provided that Lessee notifies Lessor in writing wear and tear or exposure; (iii) normal maintenance services or replacement of any defects, malfunctions, or leaks within two service items; (2iv) business days damage resulting from operation of the occurrence thereof. In any event, the liability of Lessor shall be limited solely Goods contrary to the repairing of instructions or specifications provided by Eastbay; (v) defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition failures resulting from Lessee’s relocation of Customer's specifications or designs or otherwise caused by Customer or the Equipmentend-user; or (vi) any Goods repaired, utilities connectionaltered or modified without prior written approval by Eastbay.
c. THE ABOVE WARRANTIES ARE GIVEN IN LIEU OF ANY OTHER REPRESENTATION OR WARRANTY WHETHER EXPRESS, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO OR STATUTORY AND INCLUDING, WITHOUT LIMITATION, THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, IMPLIED WARRANTY OFMERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, APARTICULAR PURPOSE.EASTBAYEXPRESSLY DISCLAIMS ALL WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS AND GUARANTEES NOT EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEESTATED HEREIN.
Appears in 1 contract
Samples: Terms and Conditions of Sale
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor Company warrants throughout that: (a) the Term that it will repair structural or mechanical material manufactured by Company and provided to Customer in performance of the Services is free from defects in material and manufacture for a period of 12 months from the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days earlier of the occurrence thereofdate of equipment start-up or replacement; and (b) the labor/labour portion of the Maintenance Services and Additional Work has been properly performed for a period of 90 days from date of completion (the "Limited Warranty"). In Company obligations of equipment start-up, if any eventare stated in the Proposal, are coterminous with the Limited Warranty period. Defects must be reported to Company within the Limited Warranty period. Company’s obligation under the Limited Warranty is limited to repairing or replacing the defective part at its option and to correcting any labor/labour improperly performed by Company. No liability whatsoever shall attach to Company until the Maintenance Services and Additional Work have been paid for in full. Exclusions from this Warranty include claims, losses, damages and expenses in any way connected with, related to or arising from failure or malfunction of Lessor shall be limited solely equipment due to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive following: wear and tear, ; end of life failure; corrosion; erosion; deterioration; Customer's failure to properly maintain follow the HVAC system Company-provided maintenance plan; unauthorized or improper maintenance; unauthorized or improper parts or material; refrigerant not supplied by Company; and modifications made by others to equipment. Company shall not be obligated to pay for the cost of lost refrigerant or lost product. Some components of equipment manufactured by Company may be warranted directly from the component supplier, in which case this Limited Warranty shall not apply to those components and any warranty of such components shall be the warranty given by such component supplier. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement. Equipment, material and/or failure to provide timely notice to Lessorparts that are not manufactured by Company (“Third-Party Product(s)”) are not warranted by Company and have such warranties as may be extended by the respective manufacturer. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to LesseeCUSTOMER UNDERSTANDS THAT COMPANY IS NOT THE MANUFACTURER OF ANY THIRD-PARTY PRODUCT(S) AND ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS ARE THOSE OF THE THIRD-PARTY MANUFACTURER, NOT COMPANY AND CUSTOMER IS NOT RELYING ON ANY WARRANTIES, CLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS REGARDING THE THIRD-PARTY PRODUCT THAT MAY BE PROVIDED BY COMPANY OR ITS AFFILIATES, WHETHER ORAL OR WRITTEN. EXCEPT AS SPECIFICALLY THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES FOR WARRANTY CLAIMS PROVIDED HEREINBY COMPANY TO CUSTOMER UNDER THIS AGREEMENT AND ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, LESSOR DISCLAIMS ANY LIABILITIES, CONDITIONS AND ALL WARRANTIESREMEDIES, WHETHER IN CONTRACT, WARRANTY, STATUTE OR TORT (INCLUDING NEGLIGENCE), EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE IN LAW OR REPAIR WORK PERFORMED BY LESSOR IN FACT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. WITHOUT LIMITING THE GENERALITY COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, ENDORSEMENTS OR CONDITIONS OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONSANY KIND, EXPRESS OR IMPLIED, COLLATERALINCLUDING ANY IMPLIED WARRANTIES OF QUALITY, STATUTORY FITNESS, MERCHANTABILITY, DURABILITY AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE OR REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR ANY COMPONENT THEREOF. NO REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, REGARDING PREVENTING, ELIMINATING, REDUCING OR INHIBITING ANY MOLD, FUNGUS, BACTERIA, VIRUS, MICROBIAL GROWTH, OR ANY OTHER CONTAMINANTS (INCLUDING COVID-19 OR ANY SIMILAR VIRUS) (COLLECTIVELY, “CONTAMINANTS”), WHETHER INVOLVING OR IN CONNECTION WITH EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE. IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY FOR THE PREVENTION, RELATING TO ELIMINATION, REDUCTION OR INHIBITION OF THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN GROWTH OR UNLESS EXPRESSLY CONSENTED TO SPREAD OF SUCH CONTAMINANTS INVOLVING OR IN WRITING BY BOTH LESSOR CONNECTION WITH ANY EQUIPMENT, THIRD- PARTY PRODUCT, OR ANY COMPONENT THEREOF, SERVICES OR OTHERWISE AND LESSEECUSTOMER HEREBY SPECIFICALLY ACKNOWLDGES AND AGREES THERETO.
Appears in 1 contract
Samples: Service Agreement
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor warrants throughout the Term that it will repair structural or mechanical Instruments and equipment manufactured by LECO are warranted to be free from defects in material and workmanship for a period of thirteen (13) months from the Equipment date of shipment or twelve (excluding HVAC filters12) months from installation, fire extinguisherswhichever is sooner, fuses/breakersunless otherwise stated in writing by XXXX. If the goods furnished by LECO fail to conform to LECO’s exclusive limited warranty, light bulbs, or other ordinary course repairs or maintenanceLECO’s sole and exclusive liability shall be (at LECO’s option), and given reasonable time, to repair, replace or credit Buyer’s account for any such goods returned by Buyer and proved to be defective, as decided by LECO. All returns must be shipped by Xxxxx prepaid to LECO to the address provided. This obligation does not include labor or travel expense to repair or replace defective parts, nor does it cover failure due to accident, abuse, neglect, alteration, unauthorized repair or misuse per instructions provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days by LECO. In no event shall damages for defective goods exceed the purchase price of the occurrence thereofgoods, and LECO shall not be liable for incidental or consequential damages whatsoever. In any event, the liability of Lessor All replacement parts shall be limited solely to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment covered under warranty for a purpose for which it was period of thirty (30) days from the date of purchase. Expendable items such as crucibles, combustion tubes, chemicals and items of like nature are not intendedcovered by this warranty. A WARRANTY REGISTRATION MUST BE COMPLETED WITHIN TEN (10) DAYS FROM THE DATE OF INSTALLATION. FAILURE TO PROVIDE A WARRANTY REGISTRATION MAY VOID ALL WARRANTY TERMS OR ALTER THE WARRANTY START DATE TO BEGIN WITH THE DATE OF SHIPMENT OF GOODS. ALL CLAIMS IN REGARDS TO THE GOODS OR PARTS PURCHASED MUST BE MADE WITHIN TEN (10) DAYS AFTER BUYER IS AWARE OF THE FACTS UPON WHICH SUCH CLAIM IS BASED. AUTHORIZATION MUST BE OBTAINED FROM LECO PRIOR TO RETURNING ANY GOODS OR PARTS. WARRANTY IS VOIDED BY FAILURE TO COMPLY WITH ANY OF THESE REQUIREMENTS. CONSUMABLE ITEMS SUCH AS CRUCIBLES, vandalismCOMBUSTION TUBES, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to LesseeCHEMICALS AND ITEMS OF LIKE NATURE ARE EXCLUDED FROM WARRANTY. EXCEPT AS SPECIFICALLY PROVIDED HEREINFOR THE WARRANTY SET FORTH ABOVE IN THE FIRST PARAGRAPH OF THIS SECTION 5, LESSOR DISCLAIMS ANY AND ALL WARRANTIESLECO MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO INSTRUMENTS, EXPRESS EQUIPMENT OR IMPLIEDOTHER GOODS MANUFACTURED BY LECO, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES WARRANTY OF MERCHANTABILITY, SUITABILITY, OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY PURPOSE OR WARRANTY AGAINST INFRINGEMENT OF THE FOREGOINGINTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, WHETHER EXPRESS OR IMPLIEDIMPLIED BY LAW, COLLATERALCOURSE OF DEALING, STATUTORY COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, RELATING SAID WARRANTIES BEING EXPRESSLY DISCLAIMED. Instruments, equipment or other goods not manufactured by LECO but distributed by LECO will be covered to the extent of the warranty provided by the original manufacturer. Warranty information is provided with the Products. Copies of warranties may be requested in writing in advance of any purchase or shipment. Such Products are not covered by the warranty set forth above in the first paragraph of this Section 5. LECO MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH RESPECT TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN ANY SUCH PRODUCT, INCLUDING ANY WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR UNLESS WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, SAID WARRANTIES BEING EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEEDISCLAIMED.
Appears in 1 contract
Samples: Standard Terms and Conditions of Quotations and Sales
Limited Warranty. For as long as Lessee timely CAE Healthcare warrants to Customer that, commencing upon the first day of scheduled on-site installation, for one (1) year thereafter or such longer term if Customer renews the Support and Maintenance Services (the “Warranty Period”) (i) any Hardware shall substantially conform to the applicable CAE Healthcare specifications in effect, and be free of defective materials or workmanship under normal use and service, (ii) all Services will be performed in a workmanlike manner in accordance with industry standards, and (iii) Software Product shall comply with the warranty conditions set forth in Appendix A. CAE Healthcare makes all payments due hereunder, Lessor warrants throughout no warranty after the Term that it will repair structural or mechanical defects in Warranty Period. This warranty only extends to the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days original Buyer of the occurrence thereofproducts. In any event, the liability of Lessor shall be limited solely to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was This Limited Warranty is not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lesseetransferable. EXCEPT SUCH AS SPECIFICALLY PROVIDED IS EXPRESSLY SET FORTH HEREIN, LESSOR DISCLAIMS ANY AND ALL WARRANTIESCAE HEALTHCARE MAKES NO OTHER WARRANTY, EXPRESS EXPRESSED OR IMPLIED, RELATED WITH RESPECT TO THE EQUIPMENT AND SUBJECT MATTER OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR ANY OTHER WARRANTY OF ANY KIND RESPECTING ANY MAINTENANCE SERVICES PERFORMED HEREUNDER OR ANY MATERIALS FURNISHED HEREUNDER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGCUSTOMER ACKNOWLEDGES THAT NO REPRESENTATIONS HAVE BEEN MADE EXCEPT THOSE MADE HEREIN. This warranty is void if:(1) the product has been damaged by accident, THERE natural disaster, or unreasonable use, neglect, alteration, faulty or negligent installation, abuse, misuse or other causes not arising out of defects in material workmanship; (2) Damage or defects due to handling by carrier or Customer or incurred during shipment, provided shipment is not organized by CAE Healthcare, in which case, such damage s would be the liability of CAE Healthcare; (3) the product labeling or CAE Healthcare’s name has been altered or defaced by Customer; or (4) the product has been modified or repaired by the Customer, or any third-party not expressly authorized in writing by CAE Healthcare to perform such modifications or repairs. Customer will indemnify and hold harmless CAE Healthcare, its officers, employees, and agents for any costs of injury or loss of training time resulting from unauthorized repair or modification. ALL SALES ARE NO CONDITIONSFINAL. At the sole discretion of CAE Healthcare the exclusive remedy during the Warranty Period of the Customer shall be repair of defective product or replacement of defective product with current version (or configuration) of the identical or equivalent product. If CAE Healthcare determines that a defective product requires repairs Customer shall return the defective product to CAE Healthcare facilities. ,. CAE Healthcare shall not replace hardware which, COVENANTSthrough normal use, AGREEMENTShas met the expected lifetime of the product. Customer shall, REPRESENTATIONSwithin a reasonable amount of time, WARRANTIES OR OTHER PROVISIONSreturn defective product to CAE Healthcare. CAE Healthcare shall determine the End-of-life (“EOL”) for each hardware component under warranty, EXPRESS OR IMPLIEDand shall not be responsible for replacement as long as the LearningSpace Software continues to support such hardware components. In the event the Customer must comply with an internal EOL requirement deadline, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEECAE Healthcare will provide the Customer the option to purchase new hardware.
Appears in 1 contract
Samples: Learningspace Enterprise Agreement
Limited Warranty. For as long as Lessee timely makes all payments due Subject to compliance by The Client with its obligations hereunder, Lessor warrants throughout Taulbs warrants, for a period of one year, unless otherwise stated, from the Term that it will repair structural Cutover Date, each item of Equipment, including attachments, replacements or mechanical upgrades in the future (the “Future Property”), to be free from defects in the material or workmanship. This warranty does not extend and shall not apply to any item of Equipment (excluding HVAC filterswhich has been misused, neglected, or damaged in an accident, fire extinguishersor other casualty, fuses/breakers, light bulbsdamaged by fluctuating line voltage, or faults on any telephone line installed, repaired or altered by anyone other ordinary course repairs than Taulbs, combined with other equipment not previously approved by or maintenance)supplied by Taulbs for such purpose, provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days of the occurrence thereof. In any event, the liability of Lessor shall be limited solely to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or damaged by failure to provide timely notice proper operating conditions or a failure to Lessorfollow Xxxxxx instructions, or removed from the Equipment Location. The repair Subject to availability, Xxxxxx shall have the right to substitute any internal parts with ‘as new’ items of the Equipment by Lessor due to a defect or condition resulting from same specifications. In the case of such substitution, Taulbs warrants that such items shall be extended the same warranty coverage as any other new item of the preceding causes shall result in additional charges to Lesseesame specification. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND THE FOREGOING WARRANTY IS IN LIEU OF ALL WARRANTIESOTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE IMPLIED OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN EQUIPMENT OR UNLESS EXPRESSLY CONSENTED THE INSTALLATION OR MAINTENANCE OF THE EQUIPMENT. IN NO EVENT SHALL Taulbs BE LIABLE TO THE CLIENT FOR DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHERWISE, RESULTING FROM OR IN WRITING ANY WAY CONNECTED WITH THE SALE, USE OR PERFORMANCE OF THE EQUIPMENT. THE CLIENT’S SOLE REMEDY FOR A BREACH OF WARRANTY OR OTHERWISE SHALL BE THE REPAIR OR REPLACEMENT BY BOTH LESSOR AND LESSEETaulbs OF THE EQUIPMENT. Taulbs is relieved from its obligations to perform pursuant to the warranty during any period when The Client is in default of payment or any other obligation under this Agreement.
Appears in 1 contract
Samples: One Time Installation Agreement
Limited Warranty. For as long as Lessee timely makes all payments due hereunder(a) SERVICE PROVIDER AND RED CANARY MAKES NO WARRANTY TO CLIENT, Lessor warrants throughout the Term that it will repair structural or mechanical defects in the Equipment (excluding HVAC filtersOR ANY OTHER PARTY, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days of the occurrence thereof. In any event, the liability of Lessor shall be limited solely to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, RELATED WITH RESPECT TO THE EQUIPMENT THIRD PARTY SOFTWARE, MANAGED THREAT DETECTION SERVICES DELIVERABLES, MANAGED THREAT DETECTION SERVICES OR MAINTENANCE AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR SUPPORT SERVICES, INCLUDING ANY BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, SUITABILITYOF QUALITY, OR OF FITNESS FOR A PARTICULAR PURPOSE, OF ABSENCE OF HIDDEN DEFECTS, AND ANY WARRANTY THAT MAY ARISE FROM COURSE OF PERFORMANCE, BY REASON OF USAGE OR TRADE OR COURSE OF DEALING. The Red Canary Managed Threat Detection Services Deliverables are not fault-tolerant and are not designed, manufactured or intended for use or resale in hazardous environments requiring fail-safe performance, where any failure of the Managed Threat Detection Services Deliverables could lead directly to significant property or data loss or disclosure, breach of security, death, personal injury, or property damage ("High Risk Activities"). IN NO EVENT DOES SERVICE PROVIDER OR RED CANARY WARRANT THAT MANAGED THREAT DETECTION SERVICES DELIVERABLES WILL OPERATE OR BE USEFUL WITHOUT LIMITING INTERRUPTION, OR WILL BE FREE OF DEFECTS, OR NOT VULNERABLE TO INTRUSION OR ATTACK OR THAT THE GENERALITY OF THE FOREGOINGMANAGED THREAT DETECTION SERVICE OR MANAGED THREAT DETECTION SERVICE DELIVERABLES WILL DETECT OR PREVENT ALL BUGS, THERE ARE NO CONDITIONSVIRUSES, COVENANTSINTERRUPTIONS, AGREEMENTSINTRUSIONS, REPRESENTATIONSUNAUTHORIZED ACTIVITY, ERRORS, DATATHEFT OR DESTRUCTION AND DISCLAIM ALL WARRANTIES OR OTHER PROVISIONSRELATING THERETO. Client acknowledges and agrees that Managed Threat Detection Service and Managed Threat Detection Service Deliverables do not provide guarantee or warrant of protection or detection and that neither Service Provider nor Red Canary shall be held liable in the event of security breach, EXPRESS OR IMPLIEDattack, COLLATERALunintended release of sensitive information or other such event and that Client has responsibilities referenced in the SOW. Any service level agreements are goals and there is no guarantee or warranty they can be accomplished as no threat detection service is fail safe. The Client agrees that neither Service Provider nor Red Canary shall be held liable in the event of security breach, STATUTORY OR OTHERWISEattack, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEEunintended release of sensitive information or other such event while using Service. As Client’s sole remedy and Service Provider’s and Red Canary’s sole obligation hereunder where there is material non-conformity in any Services, Work Product or Deliverable, Service Provider shall use good faith efforts to attempt to remedy any such non-conformity.
Appears in 1 contract
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor Best Case only warrants throughout that any physical media on which the Term that it will repair structural or mechanical Software is recorded and any physical Documentation delivered to Licensee are free from defects in materials and workmanship under normal use for a period of ninety (90) days from the Equipment date of license. No other warranties apply or are given. Best Case’s entire liability, and licensee’s sole and exclusive remedy, as to any defective media or Documentation, shall be, at Best Case’s option, either: (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbsi) return of the fees paid for it, or other ordinary course repairs (ii) replacement of such defective media or maintenance)Documentation. If failure of the media or Documentation resulted from accident, provided that Lessee notifies Lessor in writing of any defects, malfunctionsabuse, or leaks within two (2) business days of the occurrence thereof. In any eventmisapplication, the liability of Lessor shall be limited solely to the repairing of defects in the Equipment. Lessor Best Case shall have no liability for the repair of any defect responsibility to replace it or condition resulting from Lessee’s relocation refund fees. To avail itself of the Equipmentforegoing warranty, utilities connection, alteration of Licensee must notify Best Case within the Equipment, use of warranty period and promptly return the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure defective originals to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to LesseeBest Case. EXCEPT AS SPECIFICALLY PROVIDED HEREININ THIS SECTION, LESSOR THE SOFTWARE AND MODULES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. Best Case does not warrant, guarantee, or make any representations regarding the use of or the results of using the Software in terms of correctness, accuracy, reliability, or otherwise. The entire risk as to the results and performance of the Software is assumed by Licensee. BEST CASE ASSUMES NO RESPONSIBILITY FOR AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES, ORAL OR WRITTEN, EXPRESS OR IMPLIEDIMPLIED INCLUDING WITHOUT LIMITATION, RELATED TO THE EQUIPMENT IMPLIED WARRANTY OF MERCHANTABILITY AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING Licensee assumes full and sole responsibility for the selection of the Software to achieve Licensee’s intended purposes, for the proper installation and use of the Software and for verifying the results and output obtained from the use of the Software. BEST CASE DOES NOT WARRANT THAT THE GENERALITY OF SOFTWARE WILL MEET LICENSEE’S REQUIREMENTS OR THAT THE FOREGOINGSOFTWARE IS ERROR-FREE. Licensee acknowledges that Best Case is not engaged in rendering legal or other professional advice and that the Software is not a substitute for the advice of an attorney or professional judgment. Best Case advises that all output from the Software should be prepared or reviewed by an attorney knowledgeable in the requirements of applicable law. Licensee shall indemnify, THERE ARE NO CONDITIONSdefend, COVENANTSand hold harmless Best Case and its officers, AGREEMENTSdirectors, REPRESENTATIONSemployees, WARRANTIES OR OTHER PROVISIONSlicensees, EXPRESS OR IMPLIEDagents and affiliates, COLLATERALfrom and against any claim or action brought against Best Case by any third party, STATUTORY OR OTHERWISEincluding but not limited to Licensee’s clients, RELATING arising out of Licensee’s use of the Software, or any services provided by Licensee, and Licensee shall pay all costs, damages and reasonable attorneys’ fees relating to such claim or action. THE SOFTWARE MAY BE USED TO ACCESS AND TRANSFER INFORMATION, INCLUDING CONFIDENTIAL INFORMATION, OVER THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR INTERNET. LICENSEE ACKNOWLEDGES AND LESSEE.AGREES THAT BEST CASE AND ITS VENDORS AND LICENSORS DO NOT
Appears in 1 contract
Samples: License Agreement
Limited Warranty. For as long as Lessee timely makes all payments due hereunder(a) Vuzix warrants that at the time of delivery or performance and for a period of twelve (12) months thereafter, Lessor warrants throughout except in the Term that it case of prototype or non-production Products which shall be only covered for a period of three (3) months: (i) the Products will repair structural or mechanical be free from substantial defects in material and workmanship, and will materially conform to the Equipment (excluding HVAC filtersapplicable specifications issued by Vuzix, fire extinguishersor, fuses/breakersif appropriate, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor Customer’s specifications accepted by Vuzix in writing of any defects, malfunctions, or leaks within two (2) business days upon confirmation of the occurrence thereofOrder, and (ii) the Services will be performed in a professional and workmanlike manner using qualified personnel. In any event, the liability of Lessor shall be limited solely to the repairing of defects in the EquipmentTHIS WARRANTY EXTENDS TO THE CUSTOMER ONLY. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, RELATED ARE SPECIFICALLY DISCLAIMED AND EXCLUDED, INCLUDING BUT NOT LIMITED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSEUSE, OR NON-INFRINGEMENT.
(b) Upon receipt of written notice thereof and validation by Vuzix, Vuzix shall coordinate with Customer for the return of the Products, if applicable, and in its sole discretion: (i) repair or replace the applicable Products, or re-perform the applicable Products or Services, or (ii) credit or refund the purchase price of such Products or Services at the pro rata contract rate. WITHOUT LIMITING For purposes of clarity, this limited warranty shall not apply to any Products that have been subjected to mishandling, misuse, neglect, improper testing, unauthorized repair or alteration, or other causes of damage attributable to handling or operation outside of normal parameters established by Vuzix. THE GENERALITY REMEDIES SET FORTH IN THIS SECTION ARE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND CONSTITUTE VUZIX’S ENTIRE LIABILITY FOR ANY BREACH OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, LIMITED WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEESET FORTH HEREIN.
Appears in 1 contract
Samples: Terms and Conditions of Sale
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor Verizon warrants throughout for a period of thirty (30) days that the Term that it Services performed and materials provided by Verizon under this Agreement will repair structural or mechanical meet accepted industry practices and are free from defects in materials or workmanship. Should any failure to conform to this warranty appear and be reported to Verizon within said 30-day period, Verizon shall re-perform the Equipment nonconforming services, and repair or replace the nonconforming materials. Such re- performance of work, and repair or replacement of nonconforming materials, shall constitute the entire liability of Verizon and Your sole remedy under this warranty, whether claim or remedy is sought in contract, tort (excluding HVAC filtersincluding negligence), fire extinguishers, fuses/breakers, light bulbsstrict liability, or other ordinary course repairs or maintenance)otherwise. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, provided that Lessee notifies Lessor in writing of any defectsWHETHER WRITTEN OR IMPLIED, malfunctions, or leaks within two (2) business days of the occurrence thereofIN FACT OR IN LAW. In any event, the liability of Lessor shall be limited solely to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR VERIZON DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING LIMITATION OF LIABILITY. IN NO EVENT, SHALL VERIZON, ITS AFFILIATED COMPANIES, THEIR EMPLOYEES, AGENTS AND CONTRACTORS, HAVE ANY LIABILITY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE GENERALITY PROVISION OF OR FAILURE TO PROVIDE THE FOREGOINGSERVICE, THERE ARE NO CONDITIONSOR FROM ANY FAULT, COVENANTSFAILURE, AGREEMENTSDEFECT OR DEFICIENCY IN ANY LABOR, REPRESENTATIONSMATERIAL, WARRANTIES WORK OR OTHER PROVISIONSPRODUCT FURNISHED IN CONNECTION WITH THE SERVICE (SUCH AS, EXPRESS BUT NOT LIMITED TO, SERVICE OUTAGES AND ANY LOSS OF USE OF WIRING, JACKS OR IMPLIEDEQUIPMENT BEYOND THE JACK, COLLATERALAND ANY DAMAGES RESULTING THEREFROM). THESE LIMITATIONS OF AND EXCLUSIONS FROM LIABILITY SHALL APPLY REGARDLESS OF WHETHER A CLAIM OR REMEDY IS SOUGHT IN CONTRACT, STATUTORY TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, RELATING EVEN IF VERIZON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES. FURTHER, XXXXXXX’S LIABILITY TO YOU, WHETHER, BASED IN CONTRACT, TORT, NEGLIGIGENCE OR OTHERWISE WILL BE LIMITED TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING CHARGES PAID BY BOTH LESSOR AND LESSEEYOU FOR THE SERVICE WITHIN A TWELVE (12) MONTH PERIOD PRECEDING THE ACCRUAL OF YOUR CLAIM.
Appears in 1 contract
Samples: Terms of Service
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor warrants throughout the Term term of this Agreement that it will repair structural or mechanical defects in the Modular Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, bulbs or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days of the occurrence thereof. In any event, the liability of Lessor shall be limited solely to the repairing of defects in the Modular Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from LesseeXxxxxx’s relocation of the Modular Equipment, utilities connection, alteration of the Modular Equipment, use of the Modular Equipment for a purpose for which it was not intended, vandalism, misuse of the Modular Equipment, for excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide tear or for which timely notice is not provided to Lessor. The repair of the Modular Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. Lessor shall have no liability whatsoever for any consequential, incidental or punitive damages, costs or expenses. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE MODULAR EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEE.
Appears in 1 contract
Samples: General Terms & Conditions
Limited Warranty. For as long as Lessee timely makes 8.1. Fozzy represents and warrants to User that the Services will be performed (a) in a manner consistent with industry standards reasonably applicable to the performance thereof; and (b) in compliance in all payments due hereundermaterial respects with the applicable Service Descriptions. User will be deemed to have accepted such Services unless User notifies Fozzy, Lessor warrants throughout in writing, within thirty (30) days after performance of any Services of any breach of the Term that it will repair structural foregoing warranties. User's sole and exclusive remedy, and Fozzy’s sole obligation, for breach of the foregoing warranties shall be for Fozzy, at its option, to re-perform the defective Services at no cost to User, or, in the event of interruptions to the Services caused by a breach of the foregoing warranties, issue User a credit in an amount equal to the current monthly service fees pro rated by the number of hours in which the Services have been interrupted. Fozzy may provision the Services from any of its data centers and may from time to time re-provision the Services from different data centers.
8.2. The foregoing warranties shall not apply to performance issues or mechanical defects in the Equipment Services
(excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided a) caused by factors outside of Fozzy’s reasonable control; (b) that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days of the occurrence thereof. In any event, the liability of Lessor shall be limited solely to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting resulted from any actions or inactions of User or any third parties; or (c) that resulted from User's equipment or any third-party equipment not within the preceding causes shall result in additional charges to Lesseesole control of Fozzy. EXCEPT AS SPECIFICALLY EXPRESSLY PROVIDED HEREININ THIS SECTION, LESSOR DISCLAIMS WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY AND ALL WARRANTIESKIND, EXPRESS OR IMPLIED, RELATED WITH RESPECT TO THE EQUIPMENT AND SERVICES OR ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING SOFTWARE PROVIDED UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES WARRANTY OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND WE HEREBY EXPRESSLY DISCLAIM THE SAME. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO CONDITIONSANY THIRD-PARTY PRODUCT OR SERVICE PROVIDED TO USER HEREUNDER IS PROVIDED "AS IS" WITHOUT ANY CONDITION OR W ARRANTY WHA TSOEVER. WE DO NOT W XXXXXX THAT THE SERVICES WILL BE UNINTERRUPTED, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES ERROR-FREE OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEECOMPLETELY SECURE.
Appears in 1 contract
Samples: Service Agreement
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor Craft Supply Co warrants throughout to you that the Term that it Font Software will repair structural or mechanical defects perform substantially in accordance with its documentation for the Equipment thirty (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (230) business days day period following delivery of the occurrence thereofFont Software. In any eventTo make a warranty claim, you must, within the thirty (30) day warranty period, contact Craft Supply Co. The entire, exclusive and cumulative liability and remedy shall be that Craft Supply Co will use reasonable efforts to cause the Font Software to conform to the documentation as soon as commercially practicable. If the Font Software does not perform substantially in accordance with its documentation, the entire, exclusive, and cumulative liability of Lessor and remedy shall be limited solely to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation refund of the Equipment, utilities connection, alteration license fee you paid to Craft Supply Co to obtain delivery of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to LessorFont Software. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to LesseeCRAFT SUPPLY CO DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR MYFONTS' BREACH OF WARRANTY. EXCEPT AS SPECIFICALLY PROVIDED HEREINFOR THE FOREGOING LIMITED WARRANTY, LESSOR DISCLAIMS ANY AND ALL CRAFT SUPPLY CO MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, RELATED AS TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A ANY PARTICULAR PURPOSE. IN NO EVENT WILL CRAFT SUPPLY CO BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITING THE GENERALITY LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF CRAFT SUPPLY CO HAS BEEN ADVISED OF THE FOREGOINGPOSSIBILITY OF SUCH DAMAGES, THERE ARE NO CONDITIONSOR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF CRAFT SUPPLY CO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusions of limitations of incidental, COVENANTSconsequential or special damages, AGREEMENTSso the above exclusion may not apply to you. Also, REPRESENTATIONSsome states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, WARRANTIES OR OTHER PROVISIONSso the above limitations may not apply to you. To the greatest extent permitted by law, EXPRESS OR IMPLIEDany implied warranties not effectively excluded by the Agreement are limited to thirty (30) days. Some jurisdictions do not permit a limitation of implied warranties where the product results in physical injury or death so such limitations may not apply to you. In those jurisdictions, COLLATERALyou agree that Craft Supply Co’s liability for such physical injury or death shall not exceed One Hundred Thousand Dollars (U.S. $100,000), STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEEprovided that such jurisdictions permit a limitation of such liability. This warranty gives you specific legal rights. You may have other rights that vary from state to state or jurisdiction to jurisdiction. The Font Software is non-returnable and nonrefundable.
Appears in 1 contract
Samples: End User License Agreement
Limited Warranty. For as long as Lessee timely makes Rave hereby warrants, for the benefit of Client only, that the Products will conform in all payments due hereunder, Lessor warrants throughout material respects to the Term that it will repair structural or mechanical defects in Documentation for a period of ninety (90) days after the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance)Effective Date, provided that Lessee notifies Lessor such warranty will not apply to failures to conform to the extent such failures arise, in whole or in part, from (i) any use of the Products other than in accordance with the Documentation or any other breach of this Agreement by Client or any of its Administrators, (ii) modification of the Products by Client or any third party, (iii) any combination of the Products with software, hardware or other technology not provided by Rave, or (iv) any action or inaction of any Third Party Service Provider or any other third party. Subject to the foregoing terms and conditions, Rave, at its sole option, will either replace the non- conforming Product or use commercially reasonable efforts to correct the non-conformance, at its own cost and expense; provided that Rave is notified in writing of any defectssuch non-conformance by Client within thirty (30) days after the end of such ninety (90) day limited warranty period. This Section
6.1 contains the sole obligation of Rave and exclusive remedy of Client with respect to a warranty claim. Following the ninety (90) day warranty period, malfunctions, or leaks within two (2) business days of the occurrence thereof. In any event, the liability of Lessor Rave shall be limited solely continue to the repairing of defects in the Equipment. Lessor shall have no liability provide Support for the repair of any defect or condition resulting from Lessee’s relocation of Products in accordance with the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to LesseeSLP. EXCEPT FOR THE LIMITED WARRANTY EXPRESSLY SET FORTH ABOVE IN THE THIS SECTION 6.1, THE SERVICES AND PRODUCTS ARE PROVIDED “AS SPECIFICALLY PROVIDED HEREINIS” AND ON AN “AS AVAILABLE” BASIS AND, LESSOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, RAVE EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY MAINTENANCE KIND OR REPAIR WORK PERFORMED BY LESSOR INCLUDING NATURE, RELATING TO THE SERVICES AND PRODUCTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, DATA ACCURACY, SATISFACTORY QUALITY, OR THE ABSENCE OF ANY DEFECTS THEREIN, WHETHER LATENT OR PATENT. WITHOUT LIMITING NO WARRANTY IS MADE BY RAVE ON THE GENERALITY BASIS OF THE FOREGOINGTRADE USAGE, THERE ARE NO CONDITIONSCOURSE OF DEALING OR COURSE OF TRADE. Rave does not warrant that the Services or Products will meet Client’s or any Designated Institution’s requirements, COVENANTSthat the operation thereof will be uninterrupted or error-free, AGREEMENTSor that all errors will be corrected. Without limiting the foregoing, REPRESENTATIONSthe Client acknowledges and agrees that (i) Rave cannot guarantee the performance of any Third Party Service Provider or Emergency Service Provider and that neither Party may make any claims or guarantees on behalf of Third Party Service Providers or Emergency Service Providers regarding any matters, WARRANTIES OR OTHER PROVISIONS(ii) delivery of any messages or any information regarding End Users in connection with the operation or use of the Services is not guaranteed and neither Rave nor any Third Party Service Provider or Emergency Service Provider shall be responsible for any failure of delivery, EXPRESS OR IMPLIEDand (iii) Rave shall not be responsible for any disruption to or failure of the Services resulting from the actions or inactions of any Third Party Service Providers or Emergency Service Providers. Client acknowledges and agrees that the Services and Products are not intended to replace the services of primary safety and emergency response services, COLLATERALincluding without limitation, STATUTORY OR OTHERWISE911 or equivalent, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEEfire, police, emergency medical and public health services (collectively, “Emergency Service Providers”).
Appears in 1 contract
Limited Warranty. For as long as Lessee timely makes all payments due hereunderINVO Bioscience agrees to warrant the Products to the Manager in accordance with its limited warranty in effect at the time of shipment. INVO Bioscience’s limited warranty may be changed by INVO Bioscience at any time in its sole discretion upon thirty (30) days’ written notice to the Manager. INVO BIOSCIENCE WILL HAVE NO LIABILITY TO THE MANAGER, Lessor warrants throughout ITS PATIENTS OR OTHER THIRD PARTIES FOR CLAIMS OR DAMAGES OF ANY KIND, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, OTHER THAN AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. No employee, agent or representative of INVO Bioscience has the Term that it will repair structural authority to bind INVO Bioscience to any oral representation or mechanical defects in warranty concerning any Product. Any oral representation or warranty made prior to the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor purchase of any Product and not set forth in writing and signed by a duly authorized officer of any defects, malfunctions, or leaks within two (2) business days of INVO Bioscience shall not be enforceable by the occurrence thereofManager. In any event, the liability of Lessor shall be limited solely to the repairing of defects in the Equipment. Lessor INVO Bioscience makes no warranty and shall have no liability obligation with respect to expendable or consumable parts and supplies or with respect to damage caused by or resulting from accident, misuse, neglect or unauthorized installation, alterations or repairs to the Products. INVO Bioscience warrants to the Manager (purchaser of the product) for ninety (90) days from receipt of the repair Products, if used as authorized in accordance with INVO Bioscience specifications, that the Products will not have significant defects in materials or workmanship that make the Product unusable. If the Product is deemed unusable or defective it will be replaced by INVO Bioscience. INVO Bioscience makes no warranty or representation that the Products will meet any customer-specific requirements. INVO Bioscience makes no warranty, implied or otherwise, regarding the performance or reliability of any defect third-party products such as culture medium. This limited warranty does not cover damage of any sort resulting from, but not limited to, accidents, improper storage, improper operation, alterations, tampering, abuse, neglect, fire, flood, war, or condition resulting from Lessee’s relocation acts of the EquipmentGod. Additionally, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was this limited warranty does not intended, vandalism, misuse of the Equipment, excessive wear and tearcover unintended use, failure to properly maintain follow instructions for use (“IFU”), re-use, modification to the HVAC system and/or failure to provide timely notice to Lessor. The repair Products or INVO Procedure or unauthorized repair/modification of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to LesseeProducts. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR INVO BIOSCIENCE EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS WHETHER EXPRESS, IMPLIED OR IMPLIEDSTATUTORY, RELATED TO INCLUDING THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEE.
Appears in 1 contract
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor Company warrants throughout that: (a) the Term that it will repair structural or mechanical material manufactured by Company and provided to Customer in performance of the Services is free from defects in material and manufacture for a period of 12 months from the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days earlier of the occurrence thereofdate of equipment start-up or replacement; and (b) the labor/labour portion of the Maintenance Services and Additional Work has been properly performed for a period of 90 days from date of completion (the "Limited Warranty"). In Company obligations of equipment start-up, if any eventare stated in the Proposal, are coterminous with the Limited Warranty period. Defects must be reported to Company within the Limited Warranty period. Company’s obligation under the Limited Warranty is limited to repairing or replacing the defective part at its option and to correc ting any labor/labour improperly performed by Company. No liability whatsoever shall attach to Company until the Maintenance Services and Additional Work have been paid for in full. Exclusions from this Warranty include claims, losses, damages and expenses in any way connected with, related to or arising from failure or malfunction of Lessor shall be limited solely equipment due to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive following: wear and tear, ; end of life failure; corrosion; erosion; deterioration; Customer's failure to properly maintain follow the HVAC system Company-provided maintenance plan; unauthorized or improper maintenance; unauthorized or improper parts or material; refrigerant not supplied by Trane; and modifications made by others to equipment. Company shall not be obligated to pay for the cost of lost refrigerant or lost product. Some components of equipment manufactured by Company may be warranted directly from the component supplier, in which case this Limited Warranty shall not apply to those components and any warranty of such components shall be the warranty given by such component supplier. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement. Equipment, material and/or failure to provide timely notice to Lessorparts that are not manufactured by Company are not warranted by Company and have such warranties as may be extended by the respective manufacturer. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES FOR WARRANTY CLAIMS PROVIDED HEREINBY COMPANY TO CUSTOMER UNDER THIS AGREEMENT AND ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, LESSOR DISCLAIMS ANY LIABILITIES, CONDITIONS AND ALL WARRANTIESREMEDIES, WHETHER IN CONTRACT, WARRANTY, STATUTE OR TORT (INCLUDING NEGLIGENCE), EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE IN LAW OR REPAIR WORK PERFORMED BY LESSOR IN FACT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. WITHOUT LIMITING THE GENERALITY COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, ENDORSEMENTS OR CONDITIONS OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONSANY KIND, EXPRESS OR IMPLIED, COLLATERALINCLUDING ANY IMPLIED WARRANTIES OF QUALITY, STATUTORY FITNESS, MERCHANTABILITY, DURABILITY AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE OR REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR ANY COMPONENT THEREOF. NO REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, IS MADE REGARDING PREVENTING, ELIMINATING, REDUCING OR INHIBITING ANY MOLD, FUNGUS, BACTERIA, VIRUS, MICROBIAL GROWTH, OR ANY OTHER CONTAMINANTS (INCLUDING COVID-19 OR ANY SIMILAR VIRUS) (COLLECTIVELY, “CONTAMINANTS”), WHETHER INVOLVING OR IN CONNECTION WITH EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE. IN NO EVENT SHALL TRANE HAVE ANY LIABILITY FOR THE PREVENTION, RELATING TO ELIMINATION, REDUCTION OR INHIBITION OF THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN GROWTH OR UNLESS EXPRESSLY CONSENTED TO SPREAD OF SUCH CONTAMINANTS INVOLVING OR IN WRITING BY BOTH LESSOR CONNECTION WITH ANY EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE AND LESSEECUSTOMER HEREBY SPECIFICALLY ACKNOWLDGES AND AGREES THERETO.
Appears in 1 contract
Limited Warranty. For as long as Lessee timely makes all payments due hereunderCompany does not make any representations or warranties except for this set out in this Agreement and those warranties, Lessor warrants throughout which cannot be excluded, from this Agreement. Company shall provide limited warranties in compliance with the Term that minimum standards of applicable state law in which it operates. This warranty is for normal use and conditions only. All warranty coverage to equipment and workmanship installed by Company will repair structural be void if any alterations or mechanical defects in the Equipment (excluding HVAC filtersrepairs are performed by any person or persons not expressly authorized, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing by Company. The warranty does not cover: weather, vandalism or damage caused by external forces such as an act of God; normal wear and tear or aging of material; any defectsimplied warranties; additional electric bills, malfunctionswater damage or any other consequential damages to the property; damage to the system or its efficiency due to adjustment, moving or leaks within two tampering with components by individuals other than those specified by Company. The following warranties apply to the Products:
(2c) business days the owner of the occurrence thereof. In any event, solar energy system shall bear the liability actual cost of Lessor shall be limited solely to shipping the repairing of defects in the Equipment. Lessor shall have no liability product for the repair of any defect or condition resulting and replacement. Unless otherwise provided above, Company warrants that all material will be free from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment defects for a purpose for which it was not intendedperiod of one (1) year from date of installation and the material fulfill the necessary warranty requirements as prescribed by law. TO THE EXTENT NOT PROHIBITED UNDER APPLICABLE LAW, vandalismTHE LIMITED WARRANTY SET FORTH HEREIN IS EXPRESSLY IN LIEU OF AND EXCLUDIES ALL OTHER EXPRESS OR IMPLIED WARRANTIES, misuse of the EquipmentINCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTIBILITY, excessive wear and tearAND OF FITNESS FOR PARTICULAR PURPOSE, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREINUSE, LESSOR DISCLAIMS ANY OR APPLICATION, AND ALL OTHER OBLIGATIONS OR LIABILITIES ON THE PART OF COMPANY, UNLESS SUCH OTHER WARRANTIES, EXPRESS OBLIGATIONS OR IMPLIEDLIABILITIES ARE EXPRESSLY AGREED TO IN WRITING AND SIGNED AND APPROVED BY COMPANY. COMPANY SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOEVER, WHETHER ARISING OUT OF OR RELATED TO THE EQUIPMENT AND PRODUCTS, INCLUDING WITHOUT LIMITATION, ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITYDEFECTS IN PRODUCTS, OR FITNESS FROM USE OR INSTALLATION. UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR A PARTICULAR PURPOSE. INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY TYPE, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, LIMITATION RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN LOSS OF USE, LOSS OF PROFITS, LOSS OF PRODUCTION OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEELOSS OF REVENUE. *In Texas: “Regulated by The Texas Department of Licensing and Regulations, P. O. Xxx 00000, Xxxxxx, Xxxxx 00000, 1-800-803-9202, 512-463-6599; website: xxx.xxxxxxx.xxxxx.xx.xx/xxxxxxxxxx” 11. Ownership, Access & Authority to Install. Purchaser warrants that he/she/it owns the Property and/or has the full authority to accept this Agreement. Purchaser authorizes Company to install the products on the Property. To enable Company to perform its services hereunder, Purchaser(s) shall grant access and adequate space on Purchaser(s) premises mutually designated by Company and the Purchaser(s), for the complete and proper installation, operation, maintenance and repair and rights of ingress and egress to, through and from such premises and the space designated for materials at all times. Company may remove the products from your property in case of a default and any proceeds from the sale of the products, if any, may be set off against any amount due from you.
Appears in 1 contract
Samples: Purchase Agreement
Limited Warranty. For as long as Lessee timely makes (a) WISE GROUP LLC warrants for a period of thirty (30) days following delivery (the “Warranty Period”) that all payments due hereunder, Lessor warrants throughout the Term that it services will repair structural or mechanical defects be performed in the Equipment a professional manner in accordance with generally applicable industry standards. WISE GROUP LLC’s sole liability (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing and Client’s exclusive remedy) for any breach of any defects, malfunctions, or leaks within two (2) business days of the occurrence thereof. In any event, the liability of Lessor this warranty shall be limited solely for WISE GROUP LLC to re-perform any deficient services, or, if WISE GROUP LLC is unable to remedy such deficiency within thirty (30) days, to void the repairing of defects in invoice for the Equipmentdeficient services. Lessor WISE GROUP LLC shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due obligation with respect to a defect warranty claim:
(i) if notified of such claim after the Warranty Period or condition resulting from any (ii) if the claim is the result of third-party hardware or software, the preceding causes shall result in additional charges to Lesseeactions of Client or some other party or is otherwise caused by factors outside the reasonable control of WISE GROUP LLC.
(b) THIS SECTION 4 IS A LIMITED WARRANTY, AND SETS FORTH THE ONLY WARRANTIES MADE BY WISE GROUP LLC. EXCEPT AS SPECIFICALLY PROVIDED HEREINWISE GROUP LLC MAKES NO OTHER WARRANTIES, LESSOR DISCLAIMS ANY AND ALL WARRANTIESCONDITIONS OR UNDERTAKINGS, EXPRESS OR IMPLIED, RELATED STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSEPURPOSE OR NON-INFRINGEMENT OR ANY WARRANTIES REGARDING THE PERFORMANCE OF ANY SOFTWARE OR HARDWARE PROVIDED OR INSTALLED BY WISE GROUP LLC. WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGCLIENT MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO IN WRITING BY BOTH LESSOR AND LESSEETHE WARRANTY PERIOD.
Appears in 1 contract
Samples: Master Services Agreement
Limited Warranty. For as long as Lessee timely makes all payments Company warrants for a period of 12 months from the date of substantial completion (“Warranty Period”) commercial equipment manufactured and installed by Company against failure due hereunder, Lessor warrants throughout the Term that it will repair structural or mechanical to defects in material and manufacture and that the Equipment labor/labour furnished is warranted to have been properly performed (excluding HVAC filtersthe "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 Limited Warranty Period. Exclusions from this Limited Warranty include damage or failure arising from: wear and tear; corrosion, fire extinguisherserosion, fuses/breakersdeterioration; Customer's failure to follow the Company-provided maintenance plan; refrigerant not supplied by Company; and modifications made by others to Company's equipment. Company shall not be obligated to pay for the cost of lost refrigerant. Notwithstanding the foregoing, light bulbs, all warranties provided herein terminate upon termination or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor cancellation of this Agreement. No warranty liability whatsoever shall attach to Company until the Work has been paid for in writing of any defects, malfunctions, or leaks within two (2) business days of the occurrence thereof. In any event, the full and then said liability of Lessor shall be limited solely to the repairing lesser of defects in Company’s cost to correct the Equipment. Lessor shall have no liability for defective Work and/or the repair of any defect or condition resulting from Lessee’s relocation purchase price of the equipment shown to be defective. Equipment, utilities connectionmaterial and/or parts that are not manufactured by Company (“Third-Party Product(s)” are not warranted by Company and have such warranties as may be extended by the respective manufacturer. CUSTOMER UNDERSTANDS THAT COMPANY IS NOT THE MANUFACTURER OF ANY THIRD-PARTY PRODUCT(S) AND ANY WARRANTIES, alteration of the EquipmentCLAIMS, use of the Equipment for a purpose for which it was not intendedSTATEMENTS, vandalismREPRESENTATIONS, misuse of the EquipmentOR SPECIFICATIONS ARE THOSE OF THE THIRD-PARTY MANUFACTURER, excessive wear and tearNOT COMPANY AND CUSTOMER IS NOT RELYING ON ANY WARRANTIES, failure to properly maintain the HVAC system and/or failure to provide timely notice to LessorCLAIMS, STATEMENTS, REPRESENTATIONS, OR SPECIFICATIONS REGARDING THE THIRD-PARTY PRODUCT THAT MAY BE PROVIDED BY COMPANY OR ITS AFFILIATES, WHETHER ORAL OR WRITTEN. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREINTHE WARRANTY AND LIABILITY SET FORTH IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, LESSOR DISCLAIMS ANY AND ALL WARRANTIESWHETHER IN CONTRACT OR IN NEGLIGENCE, EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE IN LAW OR REPAIR WORK PERFORMED BY LESSOR IN FACT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR 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. WITHOUT LIMITING 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 CONTAMINANTS (INCLUDING COVID-19 OR ANY SIMILAR VIRUS) (COLLECTIVELY, “CONTAMINANTS”), WHETHER INVOLVING OR IN CONNECTION WITH EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE. IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY FOR THE GENERALITY PREVENTION, ELIMINATION, REDUCTION OR INHIBITION OF THE FOREGOINGGROWTH OR SPREAD OF SUCH CONTAMINANTS INVOLVING OR IN CONNECTION WITH ANY EQUIPMENT, THERE ARE NO CONDITIONSTHIRD- PARTY PRODUCT, COVENANTSOR ANY COMPONENT THEREOF, AGREEMENTS, REPRESENTATIONS, WARRANTIES SERVICES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR OTHERWISE AND LESSEECUSTOMER HEREBY SPECIFICALLY ACKNOWLDGES AND AGREES THERETO.
Appears in 1 contract
Samples: Implementation Sales Agreement
Limited Warranty. For Except as long as Lessee timely makes all payments due hereunderstated below, Lessor Precision warrants throughout that the Term that it Products manufactured and supplied by Precision to Customer will repair structural or mechanical be free from defects in material and workmanship under normal use and service for a period of one (1) year from the Equipment date of shipment. Precision warrants components supplied by others and incorporated into the Products only to the extent of the express warranties made by the suppliers of such components. This limited warranty extends only to the original end user purchaser of Products and does not cover normal wear and tear of parts or damage or loss resulting from misuse, accident, neglect, improper installation or maintenance. In order to qualify for this warranty coverage, the Products must be installed, used and maintained strictly in accordance with the instructions and recommendations contained in Precision’ literature. If Customer claims that the Products do not conform to this limited warranty, it must, at Precision’ option, either return any defective part(s) to Precision for inspection with freight or other transportation costs prepaid or allow Precision’ personnel to inspect the Precision products at the site of their installation or use. If, after inspection, Precision determines that the Products do not conform to this limited warranty, Precision, in its sole discretion, will choose to (excluding HVAC filtersa) repair the defective Product or part without charge, fire extinguishers, fuses/breakers, light bulbs(b) replace the defective Product or part without charge, or other ordinary course repairs (c) repay the purchase price paid by Customer for such defective Product or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, part. The warranty period for repaired or leaks within two (2) business days replaced components shall be the remainder of the occurrence thereoforiginal warranty period. In any eventThe warranty set forth herein is the only warranty provided by precision and is strictly limited to its terms and is in lieu of all other express or implied warranties, including without limitation, the liability warranties of Lessor shall be limited solely to the repairing merchantability or fitness for a particular purpose or other warranties of defects in the Equipmentquality, and of all other liabilities and obligations, all of which are hereby Disclaimed. Lessor shall have no liability for the repair of any defect Customer hereby waives all other conditions, representations and warranties, express or condition resulting from Lessee’s relocation implied by statute, usage, custom of the Equipmenttrade or otherwise. Notwithstanding any prior statement, utilities connectionwritten or oral, alteration precision makes no other warranties regarding the qualities of its products or the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEEmaterials incorporated therein.
Appears in 1 contract
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor warrants throughout the Term that it will repair structural or mechanical defects in the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days of the occurrence thereof. In any event, the liability of Lessor Distributor shall be limited solely responsible to its customers for any and all warranties which it makes relating to Products and for ensuring that replacements and other adjustments required in connection with the repairing said warranties are satisfactory. RiT warrants to Distributor that the Products to be delivered hereunder will be free of defects in material and workmanship under normal use and service for a period of 15 months following the Equipmentdate of invoice to Distributor. Lessor shall have no liability for If, during the repair of warranty period, any defect or condition resulting from Lessee’s relocation component part of the Equipmentequipment becomes defective by reason of material or workmanship, utilities connectionand Distributor immediately notifies RiT of such defect, alteration RiT shall, at its option, supply a replacement part, request the return of equipment to its plant for repair, or perform the Equipmentnecessary repair at the equipment’s location. In the event that RiT requests the return of equipment, use each party shall pay shipping costs upon shipment from its location. RiT shall be released from all obligations under its warranty in the event equipment has been subjected to misuse, neglect, accident or improper installation, or if repairs or modifications were made by persons other than RiT’s own authorized service personnel, unless such repairs by others were made with the written consent of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND RiT. THE ABOVE WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE FACE HEREOF, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITYMERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SUITABILITYAND IN NO EVENT SHALL RiT BE LIABLE FOR CONSEQUENTIAL DAMAGES. RiT shall not be liable to any person for any special or indirect damages, OR including, but not limited to, lost profits, from any cause whatsoever arising from or in any way connected with the manufacture, sale, handling, repair, maintenance or use of the Products, and in no event shall RiT’s liability exceed the purchase price of the Products. The SOFTWARE is provided “as is” and without warranty of any kind. RiT DISCLAIMS ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGRiT shall not be liable for any loss of use, THERE ARE NO CONDITIONSinterruption of business or indirect, COVENANTSspecial, AGREEMENTSincidental or consequential damages of any kind. Notwithstanding the above, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEERiT shall do its best to provide Distributor’s customers with software updates during the warranty period under this Agreement.
Appears in 1 contract
Samples: International Distributor Agreement (Rit Technologies LTD)
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor Company warrants throughout that: (a) the Term that it will repair structural or mechanical material manufactured by Company and provided to Customer in performance of the Services is free from defects in material and manufacture for a period of 12 months from the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days earlier of the occurrence thereofdate of equipment start-up or replacement; and (b) the labor/labour portion of the Maintenance Services and Additional Work has been properly performed for a period of 90 days from date of completion (the "Limited Warranty"). In Company obligations of equipment start-up, if any eventare stated in the Proposal, are coterminous with the Limited Warranty period. Defects must be reported to Company within the Limited Warranty period. Company’s obligation under the Limited Warranty is limited to repairing or replacing the defective part at its option and to correcting any labor/labour improperly performed by Company. No liability whatsoever shall attach to Company until the Maintenance Services and Additional Work have been paid for in full. Exclusions from this Warranty include claims, losses, damages and expenses in any way connected with, related to or arising from failure or malfunction of Lessor shall be limited solely equipment due to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive following: wear and tear, ; end of life failure; corrosion; erosion; deterioration; Customer's failure to properly maintain follow the HVAC system Company-provided maintenance plan; unauthorized or improper maintenance; unauthorized or improper parts or material; refrigerant not supplied by Trane; and modifications made by others to equipment. Company shall not be obligated to pay for the cost of lost refrigerant or lost product. Some components of equipment manufactured by Company may be warranted directly from the component supplier, in which case this Limited Warranty shall not apply to those components and any warranty of such components shall be the warranty given by such component supplier. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement. Equipment, material and/or failure to provide timely notice to Lessorparts that are not manufactured by Company are not warranted by Company and have such warranties as may be extended by the respective manufacturer. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES FOR WARRANTY CLAIMS PROVIDED HEREINBY COMPANY TO CUSTOMER UNDER THIS AGREEMENT AND ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, LESSOR DISCLAIMS ANY LIABILITIES, CONDITIONS AND ALL WARRANTIESREMEDIES, WHETHER IN CONTRACT, WARRANTY, STATUTE OR TORT (INCLUDING NEGLIGENCE), EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE IN LAW OR REPAIR WORK PERFORMED BY LESSOR IN FACT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. WITHOUT LIMITING THE GENERALITY COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, ENDORSEMENTS OR CONDITIONS OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONSANY KIND, EXPRESS OR IMPLIED, COLLATERALINCLUDING ANY IMPLIED WARRANTIES OF QUALITY, STATUTORY FITNESS, MERCHANTABILITY, DURABILITY AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE OR REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR ANY COMPONENT THEREOF. NO REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, IS MADE REGARDING PREVENTING, ELIMINATING, REDUCING OR INHIBITING ANY MOLD, FUNGUS, BACTERIA, VIRUS, MICROBIAL GROWTH, OR ANY OTHER CONTAMINANTS (INCLUDING COVID-19 OR ANY SIMILAR VIRUS) (COLLECTIVELY, “CONTAMINANTS”), WHETHER INVOLVING OR IN CONNECTION WITH EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE. IN NO EVENT SHALL TRANE HAVE ANY LIABI LITY FOR THE PREVENTION, RELATING TO ELIMINATION, REDUCTION OR INHIBITION OF THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN GROWTH OR UNLESS EXPRESSLY CONSENTED TO SPREAD OF SUCH CONTAMINANTS INVOLVING OR IN WRITING BY BOTH LESSOR CONNECTION WITH ANY EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE AND LESSEECUSTOMER HEREBY SPECIFICALLY ACKNOWLDGES AND AGREES THERETO.
Appears in 1 contract
Samples: Service Agreement
Limited Warranty. For as long as Lessee timely makes all payments due hereunderSubject to the limitations of Section 5, Lessor CAID warrants throughout the Term that it will repair structural or mechanical defects perform the Services as described in the Equipment (excluding HVAC filtersAgreement in a workmanlike manner. Parts purchased by CAID for resale to Customer will carry only the warranty extended by the original manufacturer. EXCEPT AS SPECIFIED ABOVE, fire extinguishersPARTS FURNISHED HEREUNDER ARE FURNISHED AS-IS, fuses/breakersWHERE-IS, light bulbsWITH NO WARRANTY WHATSOEVER. THE WARRANTY SET FORTH IN THIS SECTION 4 AND THE WARRANTY SET FORTH IN SECTION 6 ARE THE SOLE AND EXCLUSIVE WARRANTIES GIVEN BY CAID WITH RESPECT TO THE SERVICES AND PARTS AND ARE IN LIEU OF AND This warranty does not extend to any losses or damages due to misuse, or other ordinary course repairs or maintenance)accident, provided that Lessee notifies Lessor in writing of any defectsabuse, malfunctionsneglect, or leaks within two (2) business days of the occurrence thereof. In any event, the liability of Lessor shall be limited solely to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive normal wear and tear, failure Customer’s or any other person’s negligence, 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 CAID. CAID is responsible for providing only those Services specified in a Scope of Work and not for installing, inspecting, observing, advising or warning as to properly maintain the HVAC system and/or failure Products, or as to provide timely notice any other products or conditions located on Customer’s property or work site, at the time of performing the Services or otherwise. To the extent that Customer or its agents has supplied specifications, information, representation of operating conditions or other data to Lessor. The repair CAID that are used in the selection or design of the Equipment Services and/or Parts and the preparation of CAID’s quotation and/or Services Agreement, and in the event that actual operating conditions or other conditions differ from those represented by Lessor due Customer, any warranties or other provisions contained herein which are affected by such conditions are null and void. If within thirty (30) days after Customer’s discovery of any warranty defects within the warranty period or within ten (10) days after shipment for quantity discrepancies and Customer notifies CAID thereof in writing, CAID shall, at its sole option, correct performance for that portion of the Services found by CAID to a defect be defective or condition refund the purchase price for that portion of the Services found by CAID to be defective. Failure by Customer to give such written notice within the applicable time period is deemed an absolute and unconditional waiver of Customer’s claim for such defects or shortages. Customer 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 Services or Parts, either alone or in combination with other products/components, and shall indemnify, defend, and hold CAID harmless from any of the preceding causes shall result in additional charges to Lesseesuch loss, damage or injury. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEE.Uncontrolled When Printed
Appears in 1 contract
Samples: Standard Terms and Conditions
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor warrants throughout The Ancillary Products may be “New” or “Used” Ancillary Products. In the Term that it will repair structural or mechanical defects in the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing event of any defectsdefect, malfunctions, or leaks Lessee shall notify Lessor within two (2) business days of the occurrence thereof. Ancillary Products shall be subject to the specific manufacturer's warranty provisions and time period, if any, as applicable to and as available for the Ancillary Products. In any event, the liability of Lessor shall be limited solely to the repairing repair of defects in in, or, the Equipmentreplacement of the Ancillary Products at Lessor’s sole option. Lessor shall have no liability for the repair of any defect or condition resulting from from: Lessee’s relocation of the Equipment, Ancillary Products; utilities connection, ; alteration of the Equipment, Ancillary Products; use of the Equipment Ancillary Products for a purpose for which it was not intended, ; vandalism, ; misuse of the Equipment, Ancillary Products; excessive wear and tear, failure to properly maintain the HVAC system and/or or failure to provide timely notice to LessorLessor of needed repairs or maintenance. The repair of the Equipment Ancillary Products by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREINLESSOR SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LIQUIDATED, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, COSTS OR EXPENSES ARISING FROM THE POSSESSION, USE, OR OPERATION OF ANCILLARY PRODUCTS. LESSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR ANCILLARY PRODUCTS INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. THE ANCILLARY PRODUCTS ARE PROVIDED “AS IS” AND “WITH ALL FAULTS”. LESSOR MAKES NO REPRESENTATIONS WITH REGARD TO THE USAGE OR CONDITION OF THE ANCILLARY PRODUCTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEE.
Appears in 1 contract
Samples: Lease Agreement
Limited Warranty. For as long as Lessee timely makes all payments due hereunder(a) Virtustream warrants that, Lessor warrants throughout for a period of ninety (90) days from the Term date of delivery of the Software to Licensee (“Warranty Period”) that it the Software will repair structural or mechanical defects substantially conform to the functional description(s) set forth in the Equipment User Materials accompanying the Software. Licensee sole remedy for a breach of this Warranty shall be that Virtustream will, at its option, (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbsi) repair or replace the nonconforming Software within a reasonable period of time following notice of the Warranty claim making the Software substantially conform with the functional description(s) for the Software, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2ii) business days refund the applicable portion of the occurrence thereof. In any eventlicense fees paid by Licensee for the applicable Software; provided, that, (a) the liability of Lessor shall be limited solely Software has been properly installed and used at all times in accordance with the instructions for Use; (b) no modification, alteration or addition has been made to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation Software; and (c) Virtustream receives written notice of the Equipmentnon-conformity within ninety (90) days following delivery.
(b) EXCEPT FOR THE PRECEDING EXPRESS LIMITED WARRANTY, utilities connectionTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, alteration of the EquipmentVIRTUSTREAM AND ITS LICENSORS PROVIDE THE SOFTWARE WITHOUT ANY WARRANTIES OF ANY KIND, use of the Equipment for a purpose for which it was not intendedEXPRESS, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT STATUTORY, OR OTHERWISE, AND VIRTUSTREAM AND ITS LICENSORS SPECIFICALLY DISCLAIM ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. WITHOUT LIMITING THE GENERALITY ENTIRE RISK OF THE FOREGOINGUSE OF THE SOFTWARE, THERE ARE NO CONDITIONSUSER MATERIALS AND DOCUMENTATION SHALL BE BORNE BY LICENSEE. Virtustream does not promise or warrant that the Software is appropriate for Licensee’s planned use, COVENANTS, AGREEMENTS, or that the Software will operate without interruption or be error free.
(c) THE DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS AND LIMITATION OF LIABILITY CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. LICENSEE ACKNOWLEDGES THAT BUT FOR THE DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS AND LIMITATION OF LIABILITY, NEITHER VIRTUSTREAM NOR ANY OF ITS LICENSORS OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO SUPPLIERS WOULD GRANT THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO RIGHTS GRANTED IN WRITING BY BOTH LESSOR AND LESSEETHIS AGREEMENT.
Appears in 1 contract
Samples: Software License Agreement
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor (a) SAIC warrants throughout that the Term Services provided under this Agreement shall be performed with that it will repair structural degree of skill and judgment normally exercised by recognized professional firms performing services of the same or mechanical defects in substantially similar nature. In the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance)event of any breach of the foregoing warranty, provided that Lessee notifies Lessor Customer has delivered to SAIC timely notice of such breach as hereinafter required, SAIC shall, at its own expense, in writing of any defects, malfunctions, its discretion either: (1) re-perform the non-conforming Services and correct the non-conforming Deliverables to conform to this standard; or leaks within two (2) business days refund to Customer that portion of the occurrence thereofamounts received by SAIC attributable to the non-conforming Services and/or Deliverables. In any event, the liability of Lessor No warranty claim shall be limited solely effective unless Customer has delivered to SAIC written notice specifying in detail the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation non-conformities within 90 days after performance of the Equipment, utilities connection, alteration non-conforming Services or tender of the Equipment, use non-conforming Deliverables. The remedy set forth in this Section 10(a) is the sole and exclusive remedy for breach of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS foregoing warranty.
(b) SAIC SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND ALL WARRANTIES, OTHER EXPRESS OR IMPLIEDIMPLIED STANDARDS, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE GUARANTEES, OR REPAIR WORK PERFORMED BY LESSOR WARRANTlES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY BE ALLEGED TO ARISE AS A RESULT OF CUSTOM OR USAGE, ANY WARRANTY OF ERROR-FREE PERFORMANCE, OR ANY WARRANTY OF THIRD PARTY PRODUCTS, OR FUNCTIONALITY OF THE FOREGOINGCUSTOMER’S HARDWARE, THERE ARE NO CONDITIONSSOFTWARE, COVENANTSFIRMWARE, AGREEMENTSOR COMPUTER SYSTEMS.
(c) Customer represents and warrants to SAIC that Customer has the right to use and furnish to SAIC for SAIC’s use in connection with this Agreement, REPRESENTATIONSany information, WARRANTIES OR OTHER PROVISIONSspecifications, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEE.data or Intellectual Property that Customer has provided or will provide to SAIC in order for SAIC to perform the Services and to create the Deliverables identified in Exhibit A.
Appears in 1 contract
Limited Warranty. For as long as Lessee timely makes Seller hereby warrants to Buyer that at the time of delivery Seller has good and marketable title to the Equipment, free and clear of all payments due hereunderliens and encumbrances arising by or through the Seller. Seller warrants to Buyer that the materials and equipment (the “Equipment”) furnished by Seller hereunder will be of good quality and new (factory built) and free from defects for a period of one (1) year from the date of delivery of the Equipment. Further, Lessor warrants throughout Seller hereby assigns to Buyer all assignable manufacturers' warranties, which shall be subject to the Term specific manufacturer's warranty provisions and time period. During the warranty period, provided that it will Buyer notifies Seller in writing of any defects, malfunctions, or leaks within two (2) business days of the occurrence thereof, Seller shall repair structural or mechanical defects in replace all defective parts of the Equipment which are covered under Seller's warranty (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days of the occurrence thereof. In any event, the liability of Lessor Seller shall be limited solely to the repairing of defects in the Equipment. Lessor Seller shall have no liability for the repair of any defect or condition resulting from LesseeBuyer’s relocation of the Equipment, utilities connection, alteration modification or alterations of the EquipmentEquipment not executed by Seller, work to the Equipment not executed by Seller, use of the Equipment for a purpose for which it was not intended, abuse, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the Equipment, failure to properly maintain the HVAC system and/or failure to provide timely notice to LessorSeller. The repair of the Equipment Modular by Lessor Seller due to a defect or condition resulting from any of the preceding causes shall result in additional charges to LesseeBuyer. SELLER SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LIQUIDATED, CONSEQUENTIAL, INCIDENTAL, ACTUAL, OR PUNITIVE DAMAGES, COSTS, OR EXPENSES ARISING IN RELATION TO SELLER’S LIMITED WARRANTY, OR ANY REPAIRS PERFORMED PURSUANT TO THE LIMITED WARRANTY. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR SELLER DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE MODULAR EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR SELLER INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEE.
Appears in 1 contract
Samples: Sales Agreement
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor (a) Provider warrants throughout that the Term that it Sensors will repair structural or mechanical be free from defects in materials and workmanship for a warranty period that is equal to the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbsinitial Term of the Sensor lease, or other ordinary course repairs or maintenance), provided purchase such that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days the warranty shall expire at the end of the occurrence thereofinitial term and does not apply to any Sensors leased under any extension of the initial Term; ALL DATA GENERATED AND TRANSMITTED BY ANY SENSORS LEASED BY GRANTEE ARE DEPENDENT ON GRANTEE’S PROPER INSTALLATION OF THE SENSORS. In PROVIDER IS NOT RESPONSIBLE FOR SENSORS THAT DO NOT OPERATE CORRECTLY BECAUSE OF IMPROPER INSTALLATION OR INSUFFICIENT SUNLIGHT. IT IS GRANTEE’S SOLE RESPONSIBILITY TO PRECISELY FOLLOW PROVIDER’S INSTALLATION INSTRUCTIONS AND OBTAIN AUXILLIARY POWER FROM PROVIDER WHERE NECESSARY. ALL DATA DISPLAYED ON PROVIDER’S WEBSITE IS IDENTIFIED WITH DESCRIPTION INFORMATION ABOUT EACH SENSOR PROVIDED BY GRANTEE. IT IS GRANTEE’S SOLE RESPONSIBILITY TO ENSURE THE ACCURACY OF DESCRIPTION INFORMATION. PROVIDER IS NOT RESPONSIBLE FOR DATA INACCURACIES BECAUSE OF FAULTY DESCRIPTION INFORMATION.
(b) This warranty shall not apply to any eventSensor which has been damaged by hydrogen sulfide (H2S) or any other cause, abused, altered, misused, and/or removed from its installation (other than under the liability terms of Lessor this Agreement) without the express written permission of Provider;
(c) If a Sensor becomes inoperable while under warranty, Grantee’s sole remedy is to immediately contact Provider to request instructions for a field repair to be performed by Grantee. If a field repair cannot be made then Provider will deliver Grantee a replacement Sensor to be installed by Grantee in place of the inoperable Sensor so as to minimize any down time for tank level measurements. It is Grantee’s responsibility to remove the inoperable Sensor and ship it to the address provided by Grantee for determination of the cause of the problem. Grantee assumes the risk of loss during any of these shipments. The repaired or replaced Sensor shall carry the same warranty for the balance of the warranty period; and,
(d) Provider may take any action necessary to determine if there is a defect, identify the cause of the alleged defect, if any, and to establish in its sole discretion whether the defect is covered under this limited warranty. Grantee shall cooperate fully in assisting Provider in making this determination. Under no circumstances shall Provider be liable for any down time between the time the Sensor is removed from the tank and the time the repaired Sensor or a replacement is reinstalled on the tank by Grantee. If Provider determines that the defect is not covered by this limited warranty, then Grantee shall be limited solely to the repairing of defects in the Equipment. Lessor shall have no liability liable for the repair of any defect or condition resulting from Lessee’s relocation Stipulated Value of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEESensor.
Appears in 1 contract
Limited Warranty. For as long as Lessee timely makes all payments due hereunderBitSight warrants that the BitSight Service will, Lessor warrants throughout for a period of sixty (60) days from the Term that it will repair structural or mechanical defects in the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing date of any defects, malfunctions, or leaks within two (2) business days Customer’s receipt of the occurrence thereofBitSight Service, perform substantially in accordance with BitSight’s Documentation. In “Documentation” shall mean any eventpublished information regarding the BitSight Services that BitSight makes generally available to its customers, the liability of Lessor shall be limited solely to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear excluding sales and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lesseemarketing materials.”. EXCEPT AS SPECIFICALLY PROVIDED HEREINEXPRESSLY SET FORTH IN THE FOREGOING, LESSOR EXCEPT AS EXPRESSLY SET FORTH IN SECTION 3.1, BITSIGHT HEREBY DISCLAIMS ANY AND ALL WARRANTIESEXPRESS AND IMPLIED WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATED INCLUDING BUT NOT LIMITED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITYTITLE, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO CONDITIONSACCURACY, COVENANTSTIMELINESS, AGREEMENTSCOMPLETENESS, REPRESENTATIONSRELIABILITY, WARRANTIES ERROR FREE OPERATION, NON- INTRUSION DUE TO HACKING OR OTHER PROVISIONSSIMILAR MEANS OF UNAUTHORIZED ACCESS AND NON-INFRINGEMENT. THE BITSIGHT SERVICE AND THE BITSIGHT DATA (INCLUDING ANY RECOMMENDATIONS OR FORECASTS) ARE PROVIDED ON AN “AS IS” BASIS ONLY, EXPRESS WITHOUT ANY WARRANTIES WHATSOEVER, AND ARE SUBJECT TO CHANGE AT ANY TIME. CUSTOMER ASSUMES ALL RISK OF DAMAGE OR IMPLIEDLOSS FROM RELYING UPON OR USING THE BITSIGHT SERVICE, COLLATERALTHE BITSIGHT DATA, STATUTORY OR OTHERWISE, RELATING AND ANY RESULTANT DATA. CUSTOMER ACKNOWLEDGES THAT THE BITSIGHT SERVICES REQUIRE A SUPPORTED BROWSER TO ACCESS THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEEBITSIGHT MONITORING SERVICES.
Appears in 1 contract
Samples: Subscription Agreement
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor warrants throughout a period of ninety (90) days from the Term that it date of acquisition the Software or Service will repair structural or mechanical defects materially conform to its published specifications described in the Equipment (excluding HVAC filtersrelevant Documentation supplied by Incorta. Customer’s sole and exclusive remedy and the entire liability of Incorta and its suppliers and licensors under this limited warranty will be, fire extinguishersat Incorta’s option, fuses/breakers, light bulbsrepair or replacement of the Software or Service, or other ordinary course repairs if repair or maintenance)replacement is not possible, to terminate the license and refund the license fee paid by Customer for the affected Software or Service, provided Customer removes all copies of the relevant Software or Service from its systems and ceases any further use of the Software or Service. The express warranties in this Agreement do not apply if the applicable Software, Services or any portion of the Software or Service: (i) has been altered, except by Incorta or its authorized representatives or its contractors; (ii) has not been used, installed, operated, repaired, or maintained in accordance with this Agreement and/or Documentation; or (iii) is licensed, for beta, evaluation, or testing purposes. Additionally, the warranties set forth in this Agreement only apply to a warranty claim made within the warranty period specified in this Agreement and do not apply to any bug, defect or error caused by or attributable to software or products or services not supplied by Incorta. Limitation of Liability. EXCEPT AS MAY BE REQUIRED BY LAW, IN NO EVENT WILL INCORTA, OR INCORTA’S LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL DAMAGES, OR FOR ANY LOST REVENUE, LOST PROFIT, LOSS OF BUSINESS, LOSS OF USE, LOSS OF CONTRACTS, ANTICIPATED SAVINGS, LOSS OF GOODWILL, LOSS OF ANY OTHER ECONOMIC ADVANTAGE, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY LOSS OR DAMAGE TO DATA, OR ANY BUSINESS INTERRUPTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ARISING FROM SOFTWARE OR SERVICES DELIVERED UNDER OR RELATED TO THIS AGREEMENT, UNDER ANY CAUSE OF ACTION, WHETHER IN CONTRACT, UNDER STATUTE, TORT OR OTHERWISE, EVEN IF ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH. IN NO EVENT WILL THE AGGREGATE LIABILITY OF INCORTA, INCORTA’S LICENSORS OR SUPPLIERS ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, THE USE OF OR INABILITY TO USE SOFTWARE OR SERVICES, (UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, UNDER STATUTE, TORT OR OTHERWISE) EXCEED THE FEES RECEIVED BY INCORTA. WHETHER ANY REMEDY SET FORTH IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE. Infringement Indemnification. Incorta will defend Customer from and against any claim by a third party brought against Customer alleging that Lessee notifies Lessor the Software infringes or violates third party intellectual property rights, and will indemnify and hold harmless Customer from and against any damages and costs finally awarded against Customer or agreed to by Incorta in writing a monetary settlement (including reasonable attorneys’ fees) resulting from such claim. In the event any such claim is brought or threatened, Incorta may, at its sole option and expense: (i) procure for Customer the right to continue use of the Software or infringing part thereof; (ii) modify or amend the Software or infringing part thereof to make it non-infringing; (iii) replace the Software or infringing part thereof with non-infringing software or technology having substantially similar capabilities; or (iv) terminate this Agreement and repay to Customer a pro-rata portion of any defects, malfunctions, or leaks within two (2) business days prepaid and unused license fees for the balance of the occurrence thereofterm . In any eventNotwithstanding the foregoing, the liability of Lessor shall be limited solely to the repairing of defects in the Equipment. Lessor shall Incorta will have no liability to Customer for any claim of infringement to the repair extent such claim arises out of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, is based upon (1) use of the Equipment for a purpose for which it was Software in combination with software, products or services not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment provided by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEE.Incorta;
Appears in 1 contract
Samples: End User License Agreement
Limited Warranty. For as long as Lessee timely makes all payments due hereunderENDOCARTS MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN ITS LIMITED WARRANTY SET FORTH ON THE ENDOCARTS WEBSITE AT xxxx://xxxxxxxxxxxxxxxxxxxxxx.xxx/termsconditions. ENDOCARTS HAS THE RIGHT TO MODIFY ITS LIMITED WARRANTY FROM TIME TO TIME IN ITS SOLE DISCRETION; HOWEVER, Lessor warrants throughout the Term that it will repair structural or mechanical defects in the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days of the occurrence thereofTHE WARRANTY IN EXISTENCE ON THE DATE OF A PURCHASE ORDER WILL BE THE WARRANTY THAT APPLIES TO THE PRODUCT ACQUIRED UNDER SUCH PURCHASE ORDER. In any event, the liability of Lessor shall be limited solely to the repairing of defects in the EquipmentANY SUCH MODIFIED LIMITED WARRANTY WILL BE SET FORTH ON THE ENDOCARTS WEBSITE. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR ENDOCARTS EXPRESSLY DISCLAIMS ANY ALL OTHER WARRANTIES AND ALL WARRANTIESCONDITIONS, EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE, AND ENDOCARTS DOES NOT REPRESENT OR WARRANT THAT ANY PRODUCT WILL MEET BUYER’S REQUIREMENTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGEndocarts will have no warranty obligation whatsoever with respect to any damage to a Product caused by or associated with: (i) external causes, THERE ARE NO CONDITIONSincluding, COVENANTSwithout limitation, AGREEMENTSaccident, REPRESENTATIONSvandalism, WARRANTIES OR OTHER PROVISIONSnatural disaster, EXPRESS OR IMPLIEDacts-of-God, COLLATERALpower failure, STATUTORY OR OTHERWISEor electric power surges; (ii) abuse, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEEmisuse, or neglect of the Product or use of unauthorized third party filters or other consumables and accessories or chemistries that have not been validated by Endocarts; (iii) usage not in accordance with Product instructions; (iv) failure to perform required preventive maintenance; or (v) servicing or repair not authorized by Endocarts. No representative or agent of Endocarts has any authority to bind Endocarts to any other representation or warranty with respect to the Products or Services and any oral or written statement concerning the Products inconsistent with the warranty set forth on the Endocarts website will be of no force or effect. Any Products returned due to a defect will be subject to the RMA. Replacement Products issued by Endocarts will be subject to the same warranty as the warranty for the original Product and the same limitations, exceptions and conditions will apply.
Appears in 1 contract
Samples: Terms and Conditions of Sale
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor (a) FacilityForce warrants throughout that the Term Services provided under this Agreement shall be performed with that it will repair structural degree of skill and judgment normally exercised by recognized professional firms performing the same or mechanical defects in substantially similar services. In the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance)event of any breach of the foregoing warranty, provided that Lessee notifies Lessor CUSTOMER has delivered to FacilityForce timely notice of such breach as hereinafter required, FacilityForce shall, at its own expense, in writing of any defects, malfunctions, its discretion either (1) re-perform the non-conforming Services and correct the non-conforming Deliverables to conform to this standard; or leaks within two (2) business days refund to CUSTOMER that portion of the occurrence thereofPrice received by FacilityForce attributable to the non-conforming Services and/or Deliverables. In any event, the liability of Lessor No warranty claim shall be limited solely effective unless CUSTOMER has delivered to FacilityForce written notice specifying in detail the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation non-conformities within 90 days after performance of the Equipment, utilities connection, alteration non-conforming Services or tender of the Equipment, use non-conforming Deliverables. The remedy set forth in this section 11(a) is the sole and exclusive remedy for breach of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS foregoing warranty.
(b) FACILITYFORCE SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND ALL OTHER EXPRESS OR IMPLIED STANDARDS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES THAT MAY BE ALLEGED TO ARISE AS A RESULT OF CUSTOM OR USAGE, ANY WARRANTY OF ERROR-FREE PERFORMANCE, OR ANY WARRANTY OF THIRD PARTY PRODUCTS, OR FUNCTIONALITY OF THE FOREGOINGCUSTOMER’S HARDWARE, THERE ARE NO CONDITIONSSOFTWARE, COVENANTSFIRMWARE, AGREEMENTSOR COMPUTER SYSTEMS.
(c) CUSTOMER represents and warrants to FacilityForce that CUSTOMER has the right to use and furnish to FacilityForce for FacilityForce’ use in connection with this Agreement any information, REPRESENTATIONSspecifications, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEE.data or Intellectual Property that CUSTOMER has provided or will provide to FacilityForce in order for FacilityForce to perform the Services and to create the Deliverables identified in Exhibit A.
Appears in 1 contract
Samples: Vendor Agreement
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor warrants throughout The Ancillary Products may be “New” or “Used” Ancillary Products. In the Term that it will repair structural or mechanical defects in the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing event of any defectsdefect, malfunctions, or leaks Lessee shall notify Lessor within two (2) business days of the occurrence thereof. Ancillary Products shall be subject to the specific manufacturer's warranty provisions and time period, if any, as applicable to and as available for the Ancillary Products. In any event, the liability of Lessor shall be limited solely to the repairing repair of defects in in, or, the Equipmentreplacement of the Ancillary Products at Lessor’s sole option. Lessor shall have no liability for the repair of any defect or condition resulting from from: Lessee’s relocation of the Equipment, Ancillary Products; utilities connection, ; alteration of the Equipment, Ancillary Products; use of the Equipment Ancillary Products for a purpose for which it was not intended; failure to comply with the requirements of Section 6, vandalism, ; misuse of the Equipment, Ancillary Products; excessive wear and tear, failure to properly maintain the HVAC system and/or or failure to provide timely notice to LessorLessor of needed repairs or maintenance. The repair of the Equipment Ancillary Products by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREINLESSOR SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LIQUIDATED, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, COSTS OR EXPENSES ARISING FROM THE POSSESSION, USE, OR OPERATION OF ANCILLARY PRODUCTS. LESSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR ANCILLARY PRODUCTS INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEE.
Appears in 1 contract
Samples: Lease Agreement
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor warrants throughout the Term that it will repair structural or mechanical If you discover physical defects in the Equipment (excluding HVAC filtersmedia, fire extinguishersAlazar Technologies, fuses/breakers, light bulbs, Inc. will replace the media or other ordinary course repairs or maintenance)documentation at no charge to you, provided that Lessee notifies Lessor in writing you return the item to be replaced with proof of any defectspayment to Alazar Technologies, malfunctions, or leaks within two (2) business days Inc. during the 90-day period after having taken delivery of the occurrence thereofsoftware. In Alazar Technologies, Inc. excludes any eventand all implied warranties, the liability including warranties of Lessor shall be limited solely to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment merchantability and fitness for a particular purpose and limits your remedy to return the software and documentation to Alazar Technologies, Inc. for which it was not intendedreplacement. Although Alazar Technologies, vandalismInc. has tested the software and reviewed the documentation, misuse of the EquipmentALAZAR TECHNOLOGIES, excessive wear and tearINC. MAKES NO WARRANTY OF REPRESENTATION, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS EITHER EXPRESSED OR IMPLIED, RELATED WITH RESPECT TO THE EQUIPMENT AND ANY MAINTENANCE THIS SOFTWARE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF DOCUMENTATION, ITS QUALITY, PERFORMANCE, MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING AS A RESULT, THIS SOFTWARE AND DOCUMENTATION IS LICENSED “as is” AND YOU, THE GENERALITY LICENSEE, ARE ASSUMING THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE. IN NO EVENT WILL ALAZAR TECHNOLOGIES, INC. BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE FOREGOINGUSE OR INABILITY TO USE THIS SOFTWARE OR DOCUMENTATION, THERE even if advised of the possibility of such damages. In particular, Alazar Technologies, Inc. shall have no liability for any data acquired, stored or processed with this software, including the costs of recovering such data. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE NO CONDITIONSEXCLUSIVE AND IN LIEU OF ALL OTHERS, COVENANTSORAL OR WRITTEN, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS EXPRESSED OR IMPLIED. No Alazar Technologies, COLLATERALInc. dealer, STATUTORY OR OTHERWISEagent or employee is authorized to make any modifications or additions to this warranty. Information in this document is subject to change without notice and does not represent a commitment on the part of Alazar Technologies, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEEInc. The software described in this document is furnished under this license agreement. The software may be used or copied only in accordance with the terms of the agreement. It is against the law to copy the software on any medium except as specifically allowed in the license agreement. No part of this manual may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying and recording, for any purpose without the written permission of Alazar Technologies, Inc. Some jurisdictions do not allow the exclusion of implied warranties or liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction.
Appears in 1 contract
Samples: License Agreement
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor ADP warrants throughout to Customer that the Term that it will repair structural or mechanical media on which the Programs are recorded shall be free from defects in materials or manufacture under normal use for a period of 90 days from the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing date of any defects, malfunctions, or leaks within two (2) business days shipment of the occurrence thereofmedia. In any event, the liability of Lessor shall be limited solely Programs found to the repairing of defects have a defect in the Equipmentmedia will be replaced at no charge to Customer if returned to ADP within such 90 day period. Lessor shall have no liability for If the repair of any defect results from accident, abuse or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or mishandling or Customer's failure to provide timely notice a suitable installation environment, ADP will have no responsibility to Lessor. The repair of replace the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lesseemedia. EXCEPT AS SPECIFICALLY PROVIDED HEREINABOVE, LESSOR DISCLAIMS THE SOFT-WARE, INCLUDING DOCUMENTATION, IS PRO-VIDED "AS IS" AND NO WAXXXXTY OF ANY AND ALL WARRANTIESKIND, EXPRESS OR IMPLIED, RELATED INCLUDING BUT NOT LIMITED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES WARRANTY OF MERCHANTABILITY, SUITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IS MADE BY OR AUTHORIZED TO BE MADE ON BEHALF OF ADP. WITHOUT LIMITING CUSTOMER ASSUMES THE GENERALITY ENTIRE RISK OF THE FOREGOINGRESULTS OF PERFORMANCE OF THE SOFTWARE OR OF THE FAILURE OF THE SOFTWARE TO PERFORM. Limitation of Liability. ADP's entire liability to Customer and Customer's exclusive remedy shall be replacement of defective media as provided above, THERE ARE or if ADP is unable to deliver a replacement that is free of media defects, Customer may terminate this Agreement and receive a refund of the License fee. IN NO CONDITIONSEVENT WILL ADP BE LIABLE FOR ANY DAMAGES, COVENANTSINCLUDING LOST PROFITS OR ANY SPECIAL, AGREEMENTSINDIRECT, REPRESENTATIONSINCIDENTAL OR CONSEQUENTIAL DAMAGES, WARRANTIES ARISING OUT OF THIS LICENSE OR OTHER PROVISIONSTHE USE OR INABILITY TO USE THE SOFTWARE, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY WHETHER CLAIMED UNDER THIS LICENSE OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEE.
Appears in 1 contract
Samples: Software License, Hardware Purchase and Support Agreement (Kronos Inc)
Limited Warranty. For as long as Lessee timely makes In lieu of all payments due hereunderother warranties, Lessor warrants throughout express or implied, including without limitation warranties of merchantability and/or fitness for a particular purpose, Big Xxxxx Electric Motor, Inc. issues only to Customer (and not to any subsequent owner of the Term that it will repair structural or mechanical defects in the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, repaired item or other ordinary course repairs person or maintenance)entity) this limited warranty for servo motors repaired by Big Xxxxx Electric Motor pursuant to a purchase order accepted by Big Xxxxx Electric Motor: Big Xxxxx Electric Motor warrants that each servo motor repaired, provided that Lessee notifies Lessor in writing of any defectswhen it leaves Big Xxxxx Electric Motor’s repair facility, malfunctions, or leaks within two (2) business days of the occurrence thereof. In any event, the liability of Lessor shall be limited solely will conform to the repairing original manufacturer’s specifications; and warrants that each servo motor repaired will, for a period of one year from the date of such repair, be free of defects in workmanship and material or parts used or installed by Big Xxxxx Electric Motor in completing such repair, subject in each case to the Equipmentfollowing conditions and restrictions: Customer must follow the warranty claim procedure described below. Lessor Big Xxxxx Electric Motor’s liability under this limited warranty shall have no liability be either to repair the non- conforming or defective servo motor or to reimburse to Customer the cost of the Big Xxxxx Electric Motor repairs, at Big Xxxxx Electric Motor’s sole and absolute discretion. BIG XXXXX ELECTRIC MOTOR SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR INCONVENIENCE OR LOSS OF USE OF THE SERVO MOTOR OR ANY MACHINERY, EQUIPMENT, APPLICATION OR PROCESS OF WHICH THE SERVO MOTOR IS A COMPONENT OR PART, AND SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, COSTS AND/OR EXPENSES ARISING OUT OF THE USE OF THE SERVO MOTOR OR THE FAILURE OF THE REPAIRED SERVO MOTOR TO CONFORM TO THIS LIMITED WARRANTY, REGARDLES OF THE THEORY OF LIABILITY UNDER WHICH ANY SUCH CLAIM MAY BE PURSUED. BIG XXXXX ELECTRIC MOTOR’S LIABILITY SHALL NOT, IN ANY EVENT, EXCEED THE AMOUNT CHARGED BY BIG XXXXX ELECTRIC MOTOR TO CUSTOMER FOR THE REPAIR SERVICES. Big Xxxxx Electric Motor shall not be liable to Customer or any other person, and this limited warranty shall be void, if Customer or any other person: (a) modifies, tampers with or attempts to repair the servo motor after Big Xxxxx Electric Motor’s repair, or (b) uses the servo motor in a manner other than as recommended by the manufacturer, or (c) uses the servo motor in any machinery, equipment, application or process for which the repair servo motor is not rated by the manufacturer, or (d) if the claimed failure of a repaired servo motor is the result of misuse, neglect, abuse, accident or the failure of any defect other machinery or condition resulting from Lesseeequipment, or component thereof. If Customer’s relocation servo motor remains subject to any manufacturer’s warranty as of the Equipmentdate Customer’s warranty claim arose, utilities connectionCustomer agrees to make such claim under the manufacturer’s warranty, alteration of and agrees that the Equipmentmanufacturer’s warranty shall supersede Big Xxxxx Electric Motor’s limited warranty, use of which shall not be applicable; however, Big Xxxxx Electric Motor may in its sole discretion, but only if authorized in writing by the Equipment for a purpose for which it was not intendedmanufacturer, vandalism, misuse of the Equipment, excessive wear and tear, failure perform repair services to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEECustomer’s servo motor.
Appears in 1 contract
Samples: Service Agreement
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor Supplier warrants throughout that the Term that it Products will repair structural or mechanical be free from defects in material and workmanship for a period of one (1) year from the Equipment (excluding HVAC filtersdate of delivery. In the event of an alleged breach of this limited warranty, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor Customer shall notify Supplier in writing of any defects, malfunctions, or leaks within two five (25) business days of receipt of the occurrence thereof. In Products, and any event, the liability of Lessor claim shall be deemed waived by Customer if not made in writing within such five (5) day period. NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS TO THE CONTRARY, THE SOLE AND EXCLUSIVE REMEDY OF CUSTOMER UNDER THIS LIMITED WARRANTY SHALL BE REPLACEMENT OF THE PRODUCTS WITHOUT CHARGE TO CUSTOMER. This limited solely to the repairing of defects in the Equipment. Lessor warranty shall be void and unenforceable, and Supplier shall have no liability for obligation to Customer under this limited warranty, in the repair of any defect event Customer: (i) uses, combines or condition resulting from Lessee’s relocation comingles the Products with other products; or (ii) fails to comply with all applicable federal, state and local laws, ordinances, rules and regulations regarding the use, transport, storage and handling, as applicable, of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to LessorProducts. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SUPPLIER AND ANY MAINTENANCE OR REPAIR WORK PERFORMED CUSTOMER AGREE THAT THE LIMITED WARRANTY SET FORTH ABOVE IS THE EXCLUSIVE WARRANTY GIVEN BY LESSOR SUPPLIER AND SUPPLIER DISCLAIMS, AND CUSTOMER HEREBY WAIVES, ALL IMPLIED WARRANTIES FOR THE PRODUCTS, INCLUDING ANY WARRANTIES IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES PURPOSE OR OTHER PROVISIONS, USE; WHETHER EXPRESS OR IMPLIEDIMPLIED BY LAW, COLLATERALCOURSE OF DEALING, STATUTORY COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEE.
Appears in 1 contract
Samples: Terms and Conditions of Sale
Limited Warranty. For Licensor warrants, for your benefit alone, for a period of 90 days from the date of commencement of this License Agreement (referred to as long as Lessee timely makes all payments due hereunder, Lessor warrants throughout the Term "Warranty Period") that it will repair structural or mechanical the Program Media in which the SOFTWARE is contained are free from defects in material and workmanship. Licensor further warrants, for your benefit alone, that during the Equipment (excluding HVAC filtersWarranty Period the SOFTWARE PRODUCT shall operate substantially in accordance with the functional specifications in the USER DOCUMENTATION. If during the Warranty Period, fire extinguishersa defect in the SOFTWARE PRODUCT appears, fuses/breakersyou may return the SOFTWARE PRODUCT to Licensor for either replacement or, light bulbsif so elected by Licensor, refund of amounts paid by you under this License Agreement. A copy of your sales receipt must accompany your returned SOFTWARE PRODUCT. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or other ordinary course repairs misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or maintenance)thirty (30) days, provided whichever is longer. You agree that Lessee notifies Lessor in writing the foregoing constitutes your sole and exclusive remedy for breach by Licensor of any defects, malfunctions, or leaks within two (2) business days of the occurrence thereof. In any event, the liability of Lessor shall be limited solely to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lesseewarranties made under this Agreement. EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, THE SOFTWARE PRODUCT, AND THE SOFTWARE CONTAINED THEREIN, ARE LICENSED "AS SPECIFICALLY PROVIDED HEREIN, LESSOR IS," AND LICENSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND INCLUDING, WITHOUT LIMITATION, ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY THESE REMEDIES ARE NOT AVAILABLE OUTSIDE OF THE FOREGOING, THERE ARE UNITED STATES OF AMERICA. LICENSOR MAKES NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES WARRANTY THAT THE SOFTWARE WILL BE ERROR-FREE OR FREE FROM INTERRUPTIONS OR OTHER PROVISIONSFAILURES OR THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING SO THE ABOVE LIMITATION MAY NOT APPLY TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEE.YOU
Appears in 1 contract
Samples: End User License Agreement (Eula)
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor CGI hereby warrants throughout the Term to D/A/R/L that it each CGI payment assurance/reminder product will repair structural or mechanical be free from defects in workmanship and materials for a period of one (1) year from the Equipment (excluding HVAC filtersdate of first installation as indicated by serial number. Repair or replacement of the Product or any component of the Product, fire extinguisherswhich fails to conform to this warranty, fusesshall, at the sole discretion of CGI, be D/breakersA/R/L’s sole remedy and in no event shall CGI or its representative be liable for incidental or consequential damages. Any Product must be returned postage prepaid and must include a Return Material Authorization. This limited warranty shall not extend to any damage to the main unit or wiring harness which is the result, light bulbsas determined by CGI, of 4software programs, misuse, abuse, neglect, incorrect or faulty wiring, improper installation, unauthorized service, current in excess of 20 Amps drawn through the relay, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor any use in writing of any defects, malfunctions, or leaks within two (2) business days violation of the occurrence thereofinstruction/warranty card furnished by CGI to D/A/R/L with the Product. In any eventTHIS LIMITED WARRANTY IS THE ONLY WARRANTY GIVEN BY CGI TO THE D/A/R/L. TO THE EXTENT NOT PROHIBITED BY LAW, the liability of Lessor shall be limited solely to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND ALL CGI GIVES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, RELATED TO INCLUDING, BUT NOT LIMITED TO, THE EQUIPMENT IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY CGI IS NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY OF THE FOREGOINGFOLLOWING: (1) SPECIAL, THERE INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFIT, HARM TO BUSINESS REPUTATION, OR LOSS OF GOODWILL); OR (2) THIRD PARTY CLAIMS AGAINST THE D/A/ R/L FOR DAMAGES. IN RECOGNITION THAT SERVICE INTERRUPTIONS IN THE TELECOMMUNICATIONS INDUSTRY ARE FREQUENTLY DUE TO CIRCUMSTANCES BEYOND CGI'S CONTROL AND DIFFICULT TO ASSESS AS TO CAUSE OR RESULTING DAMAGES, CGI SHALL HAVE NO CONDITIONSLIABILITY TO SUBSCRIBERS FOR DAMAGES, COVENANTSINCLUDING, AGREEMENTSBUT NOT LIMITED TO, REPRESENTATIONSDIRECT, WARRANTIES INDIRECT, SPECIAL OR OTHER PROVISIONSCONSEQUENTIAL DAMAGES, EXPRESS ARISING OUT OF MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO DEFECTS IN WRITING BY BOTH LESSOR AND LESSEETRANSMISSION.
Appears in 1 contract
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor CTG warrants throughout to Client that the Term that it Services will repair structural or mechanical defects be of the kind and quality designated in the Equipment SOW and will be performed by qualified personnel. All special requirements for format standards or methods to be followed shall be included in the SOW(s) and executed by both Client and CTG. In the event of a breach of the foregoing warranty, CTG sole obligation shall be to correct any material error so as to bring the Deliverables into compliance therewith. Any claim for breach of the foregoing warranty must be made by written notice to CTG within thirty (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (230) business days of the occurrence thereof. In any event, the liability of Lessor shall be limited solely to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from LesseeCTG’s relocation delivery of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment Deliverables. This is a contract for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lesseeservices only. EXCEPT AS SPECIFICALLY PROVIDED HEREININ THIS SECTION, LESSOR DISCLAIMS ANY AND ALL WARRANTIES, CTG MAKES NO OTHER WARRANTIES OR REPRESENTATIONS WHETHER EXPRESS OR IMPLIED, RELATED ARISING BY LAW, CUSTOM, ORAL OR WRITTEN STATEMENTS OF CTG, ITS AGENTS, OFFICERS, SHAREHOLDERS, SUBCONTRACTORS OR OTHERWISE. FURTHERMORE, CTG SPECIFICALLY DISCLAIMS, TO THE EQUIPMENT EXTENT OTHERWISE APPLICABLE, ANY AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY ALL IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGClient understands and agrees that CTG shall have no responsibility for or be liable for to any extent for any hardware, THERE ARE NO CONDITIONSsoftware or other items or property manufactured or prepared by anyone not a party to this Agreement. Client represents and warrants to CTG that any software it asks CTG to modify, COVENANTSClient has the authority to engage a third Party to modify such software. For all such requested modifications, AGREEMENTSClient shall provide applicable third party documentation. Client also represents and warrants that for all third party documentation which it provides, REPRESENTATIONSthat it has the authority to provide such documentation to CTG for CTG’s use in such requested modifications. Client shall indemnify, WARRANTIES OR OTHER PROVISIONShold harmless and defend CTG, EXPRESS OR IMPLIEDits officers and directors, COLLATERALshareholders, STATUTORY OR OTHERWISEemployees, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEEagents and subcontractors, at Client's sole cost, from any and all claims against CTG alleging copyright infringement for software modifications made by CTG. If a suit for copyright infringement is filed against CTG based upon the aforementioned modifications, Client shall have the right to select the defense counsel who Client is to provide, however, CTG shall be consulted in the selection of defense council and shall have the right to reasonably reject defense council selected by Client. In no event shall CTG or its officers, shareholders, subcontractors, employees, representatives or subsidiaries be liable, for any consequential, cost of cover, exemplary, indirect, punitive, incidental or special damages, even if informed of the possibility of such damages, whether foreseeable or unforeseeable, regardless of the cause of action, regardless of whether such damages are based upon lost goodwill, loss of reputation, lost profits of any kind, loss of use of money, loss of revenue, loss of data or interruption in the use or availability of data, stoppage of work, impairment of assets, loss of anticipated savings or otherwise arising out of a breach of any express or implied warranty, breach of contract, negligence, misrepresentation, strict liability, and whether based on this Contract, by any transaction performed or undertaken under or in connection with this Contract, or otherwise. Except for damage to person or property caused by the negligent (or intentional) acts of CTG, the Parties agree that in no event shall CTG’s total liability to Client, regardless of the character or type of damages sought, exceed Ten Thousand pounds (£10,000.00) or the amount received pursuant to the relevant SOW, whichever is less. The provisions of this Agreement allocate the risks between the Parties. CTG’s pricing reflects this allocation of risk and the limitation of liability specified herein. No actions or disputes, regardless of form, arising out of any Services, may be brought by either Party more than one (1) year after the termination of this Agreement.
Appears in 1 contract
Samples: Consulting Agreement
Limited Warranty. For as long as Lessee timely makes all payments due hereunderWith respect to Libraries, Lessor Pharmacopeia warrants throughout the Term that it will repair structural or mechanical defects in the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days of the occurrence thereof. In any event, the liability of Lessor shall be limited solely Libraries conform to the repairing specifications as set forth in Appendix 5 at the point of defects in distribution. This warranty applies only to Company and not to any third parties, including any affiliate or subsidiary of Company. This warranty does not apply to deviations from the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, specifications; use of the Equipment Libraries for a purpose or in a manner other than that for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or they were designed; any defect caused by failure to provide timely notice to Lessorsuitable storage, use or operating environment; use of non-recommended reagents or methods; or any other abuse, misuse or neglect of Libraries. The repair Company’s exclusive remedy under Pharmacopeia’s warranty is replacement of the Equipment Library that failed to conform to Pharmacopeia’s warranty or payment by Lessor due Pharmacopeia to a defect or condition resulting from any of the preceding causes shall result BMS in additional charges to Lesseeaccordance with Section 13.2.2(b). EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY PHARMACOPEIA AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EXPRESS WHETHER EXPRESSED OR IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT WILL PHARMACOPEIA OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITING LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION OR PROPERTY DAMAGE SUSTAINED BY CUSTOMER FROM THE GENERALITY USE OF, OR THE INABILITY TO USE, THE LIBRARIES, EVEN IF PHARMACOPEIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AS TO ANY PHARMACOPEIA LIABILITY NOT LEGALLY SUBJECT TO THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEEPHARMACOPEIA’S MAXIMUM LIABILITY WILL NOT EXCEED AN AGGREGATE ** ($**) DOLLARS.
Appears in 1 contract
Samples: License Agreement (Pharmacopeia Drug Discovery Inc)
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor warrants throughout DFX shall notify Fusion of any problems or Customer complaints associated with the Term that it will repair structural or mechanical defects in the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenanceService(s), provided that Lessee notifies Lessor including, but not limited to loss of service, as soon as reasonably practicable after receiving notice or actual knowledge of such problem or Customer complaint. The parties will jointly develop reasonable credit guidelines in writing writing. If DFX gives a Customer a credit on account of any defects, malfunctions, such problem or leaks within two (2) business days of the occurrence thereof. In any event, the liability of Lessor shall be limited solely Customer complaint pursuant to the repairing credit guidelines, then Fusion shall allow a credit to DFX equal to the same percentage of defects in the Equipment. Lessor shall have no liability its actual cost for the repair services that were credited (i.e. Customer is billed $20.00 - Fusion bills DFX $10.00 for the services - DFX gives Customer 50% credit ($10.00)- Fusion would give DFX credit of any defect or condition resulting from Lessee’s relocation of the Equipment$5.00). DFX ACKNOWLEDGES AND AGREES THAT, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY EXPRESSLY PROVIDED OTHERWISE HEREIN, LESSOR DISCLAIMS ANY AND ALL WARRANTIESFUSION MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE CONCERNING ITS FACILITIES, PRODUCTS OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, SUITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. WITHOUT LIMITING THE GENERALITY In no event shall Fusion be liable for any act or omission of either the carrier from whom it obtains network services or any other entity furnishing equipment, products or services to DFX or its Customers, nor shall Fusion be liable for any damages or losses due to the fault or negligence of DFX or its Customers. Except as otherwise expressly provided herein, Fusion shall not have liability for damages for any mistake, omission, interruption, delay, error or defect in transmission (herein called a “Failure of Performance”) occurring in the furnishing of Services hereunder. In the event of a Failure of Performance, Fusion will use its reasonable efforts to correct such failure as soon as reasonably practicable following notification. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, IN NO EVENT SHALL FUSION BE LIABLE TO DFX OR ANY OF THE FOREGOINGCUSTOMERS OF DFX OR ANY OTHER THIRD PARTY FOR FAILURE OF PERFORMANCE, THERE ARE INCLUDING WITHOUT LIMITATION, FOR ANY DAMAGES, EITHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL INCIDENTAL, ACTUAL, PUNITIVE, OR ANY OTHER DAMAGES, AND FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF MISTAKES, ACCIDENTS, ERRORS, OMISSIONS, INTERRUPTIONS, OR DEFECTS IN TRANSMISSION OR PROVISIONING, OR DELAYS, INCLUDING THOSE WHICH MAY BE CAUSED BY REGULATORY OR JUDICIAL AUTHORITIES, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE OBLIGATIONS OF FUSION PURSUANT TO THIS AGREEMENT. FUSION MAKES NO CONDITIONSWARRANTY TO DFX, COVENANTSCUSTOMER OR ANY OTHER PERSON OR ENTITY, AGREEMENTSWHETHER EXPRESS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERALOR STATUTORY, STATUTORY OR OTHERWISE, RELATING AS TO THE SUBJECT MATTER HEREOF EXCEPT DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PARTICULAR PURPOSE OR ANY SERVICE PROVIDED HEREUNDER OR DESCRIBED HEREIN, OR AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY BOTH LESSOR FUSION ARE HEREBY EXCLUDED AND LESSEEDISCLAIMED. For purposes of this Section, the term “Fusion” shall be deemed to include Fusion, its shareholders, directors, officers, attorneys, employees, affiliates and any person or entity assisting Fusion in the performance of this Agreement.
Appears in 1 contract
Samples: Private Label Purchase Agreement (DigitalFX International Inc)
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor Provider warrants throughout that the Term that it Products will repair structural or mechanical comply with Recipient’s Specifications; will be free from defects in the Equipment (excluding HVAC filtersmaterial, fire extinguishersdesign, fuses/breakersworkmanship and title which affect form, light bulbs, fit or other function; and will function properly under ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days of the occurrence thereof. In any event, the liability of Lessor shall be limited solely to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse period of one (1) year from the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair date of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lesseedelivery. EXCEPT AS SPECIFICALLY PROVIDED EXPRESSLY SET FORTH HEREIN, LESSOR DISCLAIMS ANY AND ALL PROVIDER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND INCLUDING, BUT NOT LIMITED TO, ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGALL WARRANTIES COVER ONLY DEFECTS ARISING UNDER NORMAL USE AND DO NOT INCLUDE MALFUNCTIONS OR FAILURES RESULTING FROM MISUSE, THERE ARE NO CONDITIONSABUSE, COVENANTSNEGLECT, AGREEMENTSALTERATION, REPRESENTATIONSMODIFICATION, WARRANTIES OR IMPROPER INSTALLATION, OR REPAIRS BY ANYONE OTHER PROVISIONSTHAN PROVIDER, EXPRESS RECIPIENT, THEIR RESPECTIVE AFFILIATES OR IMPLIEDTHEIR RESPECTIVE AUTHORIZED AGENTS. Information disclosed by Recipient and Provider hereunder shall be deemed to be “Confidential Information” under, COLLATERALand as such shall be subject to the terms and conditions of, STATUTORY OR OTHERWISEthe Micron Wholly-Owned Subsidiary Mutual Nondisclosure Agreement between MTI, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEEon the one hand, and Provider, on the other hand, effective on even date herewith, as may be replaced or amended from time to time (the “Confidentiality Agreement”). Work Product IP shall be deemed to be “Micron Confidential Information” under, and as such shall be subject to the terms and conditions of, the Confidentiality Agreement. All Confidential Information disclosed by Recipient to Provider shall remain the exclusive property of Recipient. Except as otherwise provided by the Confidentiality Agreement, Provider shall not use the Confidential Information for any purpose other than to perform its obligations under this Agreement or otherwise for the benefit of Recipient. The obligations hereunder shall be in addition to and not reduce the obligations under the Confidentiality Agreement. If the Confidentiality Agreement expires without being replaced prior to the expiration of this Agreement, the Confidentiality Agreement shall remain in effect with respect to Confidential Information disclosed hereunder.
Appears in 1 contract
Samples: Front End Manufacturing Supply Agreement (Micron Technology Inc)
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor warrants throughout the Term that it will repair structural or mechanical defects in the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days of the occurrence thereofMEDIVATORS MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN ITS NEW PRODUCT LIMITED WARRANTY SET FORTH ON THE MEDIVATORS WEBSITE AT xxxx://xxx.xxxxxxxxxx.xxx/warrantystatement. In any event, the liability of Lessor shall be limited solely to the repairing of defects in the EquipmentMEDIVATORS HAS THE RIGHT TO MODIFY ITS NEW PRODUCT LIMITED WARRANTY FROM TIME TO TIME IN ITS SOLE DISCRETION. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to LessorANY SUCH MODIFIED NEW PRODUCT LIMITED WARRANTY WILL BE SET FORTH ON THE MEDIVATORS WEBSITE. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR MEDIVATORS EXPRESSLY DISCLAIMS ANY ALL OTHER WARRANTIES AND ALL WARRANTIESCONDITIONS, EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE STATUTORY OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, SUITABILITY, OR AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGMedivators will have no warranty obligation whatsoever with respect to, THERE ARE NO CONDITIONSany damage to a Product caused by or associated with: (i) external causes, COVENANTSincluding without limitation, AGREEMENTSaccident, REPRESENTATIONSvandalism, WARRANTIES OR OTHER PROVISIONSacts-of-God, EXPRESS OR IMPLIEDpower failure or electric power surges; (ii) abuse, COLLATERALmisuse or neglect of the Product or use of unauthorized third party filters or other consumables and accessories; (iii) usage not in accordance with product instructions; (iv) failure to perform required preventive maintenance; or (v) servicing or repair not authorized by Medivators. Any oral or written statement concerning the Products inconsistent with the warranty set forth on the Medivators website shall be of no force or effect. Any Products returned due to a defect will be subject to the RMA. Medivators SOLE LIABILITY under the warranty shall be, STATUTORY OR OTHERWISEat Medivators option, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEEto either replace or repair the Products involved or refund the purchase price to Buyer.
Appears in 1 contract
Samples: Terms and Conditions of Sale
Limited Warranty. For as long as Lessee timely makes all payments due hereunderCALAMP WILL HAVE NO LIABILITY FOR ANY REDUCTION, Lessor warrants throughout the Term that it will repair structural or mechanical defects in the Equipment (excluding HVAC filtersINTERRUPTION, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days of the occurrence thereof. In any event, the liability of Lessor shall be limited solely to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive wear and tear, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS TERMINATION OR IMPLIED, SUSPENSION OF THE SERVICE RELATED TO ANY ISSUES DEEMED BY CALAMP TO BE OUTSIDE CALAMPS SPAN OF CONTROL. CALAMP WILL NOT BE LIABLE TO CUSTOMER OR ANY USER FOR ANY DATA DELETED OR NOT DELIVERED, REGARDLESS OF THE EQUIPMENT REASON FOR DELETION OR NONDELIVERY INCLUDING, WITHOUT LIMITATION, DATA PROCESSING AND ANY MAINTENANCE TRANSMISSION ERRORS. CALAMP MAKES NO REPRESENTATIONS OR REPAIR WORK PERFORMED BY LESSOR WARRANTIES REGARDING THE QUALITY, RELIABILITY, TIMELINESS OR SECURITY OF THE SERVICE OR THAT THE SERVICE SHALL OPERATE ERROR- FREE, UNINTERRUPTED OR FREE FROM UNAUTHORIZED ACCESS. THE SERVICE IS PROVIDED “AS IS AND WITH ALL FAULTS”. CALAMP HEREBY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, SUITABILITY, NON-INFRINGEMENT AND FITNESS OR FITNESS SUITABILITY FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOINGIf applicable law requires any implied warranties with respect to the Service, THERE ARE NO CONDITIONSall such warranties are limited in duration to ninety (90) days from the date the CalAmp iOn Hours™ application is first installed. Some states and/or jurisdictions do not allow limitations on how long an implied warranty lasts, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEEso the above may not apply to you.
Appears in 1 contract
Samples: End User License Agreement
Limited Warranty. For as long as Lessee timely makes all payments due hereundera. With respect to services provided for the quarterly fee, Lessor Diebold warrants throughout the Term that it will repair structural or mechanical defects re-perform such services during the hours of coverage set forth in the Equipment (excluding HVAC filtersSchedule, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance)that prove defective during the term hereof, provided that Lessee Subscriber notifies Lessor Diebold during the term in writing of any defects, malfunctions, or leaks within two (2) business days the same manner as Subscriber otherwise notifies Diebold of the occurrence thereof. In any eventneed for service on the covered equipment.
b. With respect to parts and services provided on a time and material basis, Diebold warrants the liability of Lessor shall same to be limited solely to the repairing free of defects in materials or workmanship for a period of thirty (30) days from the Equipmentdate service was performed or from installation in the case of parts. Lessor Subscriber shall have no notify Diebold within such thirty (30) day period of any claim pursuant hereto.
c. In the event of a breach of the foregoing warranty, the sole liability for of Diebold and the sole remedy of Subscriber shall be the repair of any defect or condition resulting from Lessee’s relocation replacement of the Equipmentpart, utilities connection, alteration or re-performance of the Equipmentservice, use of the Equipment for a purpose for which it was not intendedproved to be defective.
d. EXCEPT FOR THIRD PARTY INJURIES COVERED BY XXXXXXX'X INDEMNITY OBLIGATION SET FORTH IN SECTION 14 BELOW, vandalismTHE FOREGOING WARRANTY CONSTITUTES THE SOLE LIABILITY OF DIEBOLD AND THE SOLE REMEDY OF SUBSCRIBER FOR DEFECTIVE MATERIALS OR WORKMANSHIP, misuse of the EquipmentWHETHER ARISING UNDER CONTRACT, excessive wear and tearTORT, failure to properly maintain the HVAC system and/or failure to provide timely notice to LessorSTRICT LIABILITY OR OTHER FORM OF ACTION. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATED TO INCLUDING THE EQUIPMENT AND ANY MAINTENANCE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS OR IMPLIED, COLLATERAL, STATUTORY OR OTHERWISE, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEEEXCLUDED HEREFROM.
Appears in 1 contract
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor Company warrants throughout that: (a) the Term that it will repair structural or mechanical material manufactured by Company and provided to Customer in performance of the Services is free from defects in material and manufacture for a period of 12 months from the Equipment (excluding HVAC filters, fire extinguishers, fuses/breakers, light bulbs, or other ordinary course repairs or maintenance), provided that Lessee notifies Lessor in writing of any defects, malfunctions, or leaks within two (2) business days earlier of the occurrence thereofdate of equipment start-up or replacement; and (b) the labor/labour portion of the Maintenance Services and Additional Work has been properly performed for a period of 90 days from date of completion (the "Limited Warranty"). In Company obligations of equipment start-up, if any eventare stated in the Proposal, are coterminous with the Limited Warranty period. Defects must be reported to Company within the Limited Warranty period. Company’s obligation under the Limited Warranty is limited to repairing or replacing the defective part at i ts option and to correcting any labor/labour improperly performed by Company. No liability whatsoever shall attach to Company until the Maintenance Services and Additional Work have been paid for in full. Exclusions from this Warranty include claims, losses, damages and expenses in any way connected with, related to or arising from failure or malfunction of Lessor shall be limited solely equipment due to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment for a purpose for which it was not intended, vandalism, misuse of the Equipment, excessive following: wear and tear, ; end of life failure; corrosion; erosion; deterioration; Customer's failure to properly maintain follow the HVAC system Company-provided maintenance plan; unauthorized or improper maintenance; unauthorized or improper parts or material; refrigerant not supplied by Trane; and modifications made by others to equipment. Company shall not be obligated to pay for the cost of lost refrigerant or lost product. Some components of equipment manufactured by Company may be warranted directly from the component supplier, in which case this Limited Warranty shall not apply to those components and any warrant y of such components shall be the warranty given by such component supplier. Notwithstanding the foregoing, all warranties provided herein terminate upon termination or cancellation of this Agreement. Equipment, material and/or failure to provide timely notice to Lessorparts that are not manufactured by Company are not warranted by Company and have such warranties as may be extended by the respective manufacturer. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE THE SOLE AND EXCLUSIVE REMEDIES FOR WARRANTY CLAIMS PROVIDED HEREINBY COMPANY TO CUSTOMER UNDER THIS AGREEMENT AND ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, LESSOR DISCLAIMS ANY LIABILITIES, CONDITIONS AND ALL WARRANTIESREMEDIES, WHETHER IN CONTRACT, WARRANTY, STATUTE OR TORT (INCLUDING NEGLIGENCE), EXPRESS OR IMPLIED, RELATED TO THE EQUIPMENT AND ANY MAINTENANCE IN LAW OR REPAIR WORK PERFORMED BY LESSOR IN FACT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY, OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSEPURPOSE AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE. WITHOUT LIMITING THE GENERALITY COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, ENDORSEMENTS OR CONDITIONS OF THE FOREGOING, THERE ARE NO CONDITIONS, COVENANTS, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONSANY KIND, EXPRESS OR IMPLIED, COLLATERALINCLUDING ANY IMPLIED WARRANTIES OF QUALITY, STATUTORY FITNESS, MERCHANTABILITY, DURABILITY AND/OR OTHERS ARISING FROM COURSE OF DEALING OR TRADE OR REGARDING PREVENTION BY THE SCOPE OF SERVICES, OR ANY COMPONENT THEREOF. NO REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE, IS MADE REGARDING PREVENTING, ELIMINATING, REDUCING OR INHIBITING ANY MOLD, FUNGUS, BACTERIA, VIRUS, MICROBIAL GROWTH, OR ANY OTHER CONTAMINANTS (INCLUDING COVID-19 OR ANY SIMILAR VIRUS) (COLLECTIVELY, “CONTAMINANTS”), WHETHER INVOLVING OR IN CONNECTION WITH EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE. IN NO EVENT SHALL TRANE HAVE ANY LIABILITY FOR THE PREVENTION, RELATING TO ELIMINATION, REDUCTION OR INHIBITION OF THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN GROWTH OR UNLESS EXPRESSLY CONSENTED TO SPREAD OF SUCH CONTAMINANTS INVOLVING OR IN WRITING BY BOTH LESSOR CONNECTION WITH ANY EQUIPMENT, ANY COMPONENT THEREOF, SERVICES OR OTHERWISE AND LESSEECUSTOMER HEREBY SPECIFICALLY ACKNOWLDGES AND AGREES THERETO.
Appears in 1 contract
Limited Warranty. For as long as Lessee timely makes all payments due hereunder, Lessor warrants throughout the Term that it will repair structural or mechanical If you discover physical defects in the Equipment (excluding HVAC filtersmedia, fire extinguishersAlazar Technologies, fuses/breakers, light bulbs, Inc. will replace the media or other ordinary course repairs or maintenance)documentation at no charge to you, provided that Lessee notifies Lessor in writing you return the item to be replaced with proof of any defectspayment to Alazar Technologies, malfunctions, or leaks within two (2) business days Inc. during the 90-day period after having taken delivery of the occurrence thereofsoftware. In Alazar Technologies, Inc. excludes any eventand all implied warranties, the liability including warranties of Lessor shall be limited solely to the repairing of defects in the Equipment. Lessor shall have no liability for the repair of any defect or condition resulting from Lessee’s relocation of the Equipment, utilities connection, alteration of the Equipment, use of the Equipment merchantability and fitness for a particular purpose and limits your remedy to return the software and documentation to Alazar Technologies, Inc. for which it was not intendedreplacement. Although Alazar Technologies, vandalismInc. has tested the software and reviewed the documentation, misuse of the EquipmentALAZAR TECHNOLOGIES, excessive wear and tearINC. MAKES NO WARRANTY OF REPRESENTATION, failure to properly maintain the HVAC system and/or failure to provide timely notice to Lessor. The repair of the Equipment by Lessor due to a defect or condition resulting from any of the preceding causes shall result in additional charges to Lessee. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, LESSOR DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS EITHER EXPRESSED OR IMPLIED, RELATED WITH RESPECT TO THE EQUIPMENT AND ANY MAINTENANCE THIS SOFTWARE OR REPAIR WORK PERFORMED BY LESSOR INCLUDING ANY WARRANTIES OF DOCUMENTATION, ITS QUALITY, PERFORMANCE, MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING AS A RESULT, THIS SOFTWARE AND DOCUMENTATION IS LICENSED “as is” AND YOU, THE GENERALITY LICENSEE, ARE ASSUMING THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE. IN NO EVENT WILL ALAZAR TECHNOLOGIES, INC. BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE FOREGOINGUSE OR INABILITY TO USE THIS SOFTWARE OR DOCUMENTATION, THERE even if advised of the possibility of such damages. In particular, Alazar Technologies, Inc. shall have no liability for any data acquired, stored or processed with this software, including the costs of recovering such data. THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE NO CONDITIONSEXCLUSIVE AND IN LIEU OF ALL OTHERS, COVENANTSORAL OR WRITTEN, AGREEMENTS, REPRESENTATIONS, WARRANTIES OR OTHER PROVISIONS, EXPRESS EXPRESSED OR IMPLIED. No Alazar Technologies, COLLATERALInc. dealer, STATUTORY OR OTHERWISEagent or employee is authorized to make any modifications or additions to this warranty. Information in this document is subject to change without notice and does not represent a commitment on the part of Alazar Technologies, RELATING TO THE SUBJECT MATTER HEREOF EXCEPT AS PROVIDED HEREIN OR UNLESS EXPRESSLY CONSENTED TO IN WRITING BY BOTH LESSOR AND LESSEE.Inc. The software described in this document is furnished under this license agreement. The software may be used or copied only in accordance with the terms of the agreement. It is against the law to copy the software on any medium except as specifically allowed in the license agreement. No part of this manual may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying and recording, for any purpose without the written permission of Alazar Technologies, Inc. Some jurisdictions do not allow the exclusion of implied warranties or liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. 4 Reference ..................................................................................................................
Appears in 1 contract
Samples: License Agreement