Nature of the Warranty Sample Clauses

Nature of the Warranty. The Seller warrants to the Buyer that during the Warranty Period: (a) the Equipment supplied hereunder shall be designed and fit for the purpose of generating electric power when operated in accordance with the Seller’s specific operation instructions and, in the absence thereof, in accordance with generally accepted operation practices of the wind power industry; (b) the Equipment supplied hereunder shall be free from defects in material, workmanship and title; (c) the Equipment supplied hereunder shall be new and unused; (d) the Equipment supplied hereunder conforms in all respects to the Technical Specifications; and (e) the Services supplied hereunder shall be performed in a competent, diligent manner in accordance with Prudent Engineering Practices, Prudent Industry Practices, the Seller’s manufacturer’s requirements and all applicable Laws.
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Nature of the Warranty. This is NOT an insurance policy, a maintenance agreement, or a service contract. This information is provided to you, the Purchaser, for the sole purpose of explaining to you what you can expect from this Warranty. This Warranty is only offered to the Purchaser identified in Article I of this Warranty, and the Purchaser is prohibited from transferring the Warranty to any person(s), business(es), and/or any other form of entity. The Warranty becomes void immediately upon any and all attempts to transfer. Furthermore, Bridgewater’s One Year Limited Warranty provides coverage only in excess of coverage provided by other warranties or insurance, whether collectible or not; and it is NOT transferrable at any time during the term of the Warranty. This Warranty shall be interpreted and enforced pursuant to the laws of the State of Colorado, and is entirely separate and independent from the Purchase Agreement and/or other sales agreements that may exist between Purchaser and Bridgewater. Additional information may be requested by contacting the Bridgewater Homes’ Warranty Department at xxxxxxxxxxxxxxx@xxxxxxxxxxxxxxxx.xxx.
Sample 1

Related to Nature of the Warranty

  • Hardware Warranty Company warrants that for a period of one (1) year from delivery of Hardware, Hardware will be free from defects in material and workmanship in normal use, but does not cover any of the following: (i) improper installation, maintenance, adjustment, repair or modification by Customer or a third party; (ii) misuse, neglect, or any other cause other than ordinary use, including without limitation, accidents or acts of God; (iii) improper environment, excessive or inadequate heating or air conditioning, electrical power failures, surges, water damage or other irregularities; (iv) third party software or software drivers; or (v) damage during shipment.

  • Software Warranty We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the maintenance and support process set forth in Section C(9), below, the SLA and our then current Support Call Process.

  • Service Warranty Provider has carefully examined and analyzed the provisions of this Agreement, including but not limited to all exhibits attached and incorporated into it, and can and will perform, or cause, the Services to be performed in strict accordance with the provisions and requirements of the Agreement. Services will be performed in a timely, professional and workmanlike manner in accordance with all applicable industry and professional standards.

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

  • Errors and Warranty Contractor hereby warrants to District that the Work shall be performed in a professional and workmanlike manner consistent with the highest industry standards. Contractor shall perform any and all additional work necessary to correct errors in the work required under this Contract without undue delays or additional cost to District. Contractor shall correct or make arrangements to correct any breach of the warranty for the Work within ten

  • Limited Software Warranty MyECheck represents, warrants, and covenants that: MyECheck warrants to the original end user (“Customer”), and not to subsequent end users, of the Extreme Networks software product (“Software”) that for ninety (90) days from the date of installation of the Software from MyECheck, the Software shall substantially conform with the specification for the Software at the (“Documentation”). MyECheck does not warrant (i) that the Software is error free, (ii) that Customer will be able to operate the Software without problems or interruptions or (iii) that the Software will be free of vulnerability to intrusion or attack. Except for the limited warranty set forth in this section, the Software is provided “AS IS.”

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