Product Claims Sample Clauses
Product Claims. The parties acknowledge that NCR Voyix, not Apple, is responsible for addressing any claims you or any third party relating to the Software or your possession and/or use of the Software, including, but not limited to: (a) product liability claims; (b) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
Product Claims. You acknowledge that Company, not an App Distributor, is responsible for addressing any claims of yours or any third party relating to the Company application or your possession and/or use of the Company application, including, but not limited to: (i) product liability claims; (ii) any claim that the Company application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Product Claims. The Company does not make any warranties concerning the Application. To the extent You have any claim arising from or relating to your use of the Application, the Company, not the Application Store, is responsible for addressing any such claims, which may include, but not limited to: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection, or similar legislation.
Product Claims. You and the end-user must acknowledge that You, not Apple, are responsible for addressing any claims of the end-user or any third party relating to the Licensed Application or the end-user’s possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. The XXXX may not limit Your liability to the end-user beyond what is permitted by applicable law.
Product Claims. You acknowledge that Apple is not responsible for addressing any claims relating to the Licensed Application or Your possession and/or use of that Licensed Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Product Claims. The Company does not make any warranties concerning the Application.
Product Claims. Client has the right to reject any shipment of Products or any portion thereof that does not conform to the Product Warranties set forth in Section 9.3(a) (“Non-Conforming Products”), without invalidating any portion of the shipment of Products that conforms to the Product Warranties. Client will inspect the Products manufactured by Patheon upon receipt at the third-party site agreed to by Patheon and Client and will give Patheon written notice (a "Deficiency Notice") of all claims for Non-Conforming Products within […***…] days after Client’s receipt of the Product and the Delivery Documentation thereof (or, in the case of Latent Defect, within […***…] days after confirmation by Client, its Affiliate or any licensee, distributor or other Third Party but not after the expiration date of the Product). If Client fails to give Patheon the Deficiency Notice within the applicable […***…]- or […***…]-day period, then the delivery will be deemed to have been accepted by Client on the […***…] or […***…] day after delivery or confirmation, as applicable. Except as set out in Section 6.3, Patheon will have no liability for any Deviations for which it has not received notice within the applicable […***…]-day period except for a Latent Defect.
Product Claims. No product liability claim is pending, or to the -------------- knowledge of each of the Transferors threatened, against the Company or, to the knowledge of the Transferors, against any other party with respect to the products of the Company. Except with respect to goods returned to the Company for reworking (as set forth in section 3.21), Schedule 3.20 lists all service and product liability claims seeking damages in excess of $1,000 asserted against the Company (or in respect of which the Company or any Transferor has received notice) with respect to the products of the Company during the last five years. Claims not listed on Schedule 3.20 do not aggregate more than $50,000.
Product Claims. You understand and acknowledge that pertaining to the Applications or your possession and/or use of the Applications, N21, and not any mobile platform operator, is responsible for addressing any claims relating but not limited to: (i) product liability claims; (ii) any claim that the Applications fails to conform to any applicable legal or regulatory requirement; and/or (iii) claims arising under consumer protection or similar legislation.
Product Claims. (i) Client may claim a remedy (a “Product Claim”) for any portion of any batch of Product for which Patheon did not perform the Manufacturing Services in accordance with the agreed Processing Instructions, Specifications, cGMPs, or Applicable Laws (“Deficient Product”). Client will inspect Product manufactured by Patheon, or batch documentation provided by Patheon, upon receipt and will give Patheon written notice of all Product Claims [***] (or, in the case of any deficiency not reasonably susceptible to discovery upon receipt, [***], but not after the expiration date of the Product). If Client fails to provide a Product Claim within the applicable [***] period, then the Product will be considered to have been accepted by Client on the [***].
(ii) Patheon will provide a remedy for Product Claims as specified in Section 10.2, but Patheon will have no obligation for any Product Claims to the extent the Deficient Product was caused by: (i) deficiencies in the Processing Instructions, Specifications, the safety, efficacy, or marketability of the Product or its distribution; (ii) a defect in the DS; (iii) actions of Client or third parties occurring after the Product is delivered by Patheon; (iv) packaging design or labelling defects or omissions for which Patheon has no responsibility; (v) any unascertainable reason despite Patheon having performed the Manufacturing Services in accordance with the Processing Instructions, Specifications, cGMPs, and Applicable Laws; or (vi) any other breach by Client of its obligations under this Agreement. If after a full investigation as set out in the Quality Agreement and this Section 6.1, it is determined that Patheon manufactured the applicable Product fully in accordance with the agreed Processing Instructions, Specifications, cGMPs, or Applicable Laws, and the Quality Agreement but a batch or portion of batch of Product is not released, Client will pay Patheon the Price for the Product. If after a full investigation as set out in the Quality Agreement and this Section 6.1(b)(ii), it is not determined that Patheon manufactured the applicable Product fully in accordance with the agreed Processing Instructions, cGMPs, or Applicable Laws, and the Quality Agreement, then Patheon will reimburse Client for the cost of the Client Supplied Components and DS used in or for the Product, subject to the limitation of Patheon’s liability for DS loss is set out in Appendix 3.