Product Guarantee. In conformity with the other provisions of The Terms and Conditions, MolGen does not warrant that the Deliverables meet product specifications and or generally described product characteristics at the time of delivery unless such specifications and or characteristics have been specifically confirmed as under warranty by MolGen to the Client In Writing.
Product Guarantee. EFI guarantees that its software located on the SharePoint Store and on its own Website is virus free and contains no spy-ware, ad-ware or trojans. Our software will from time to time communicate with our license server in a secure and encrypted method. Otherwise EFI products are provided "AS IS" and we guarantee the software works as per existing user documentation. For full details see our License agreement xxxx://xxx.xxx000.xxx/terms
Product Guarantee. IBT GmbH guarantees to the end customers (hereinafter called “customer”), in accordance to the following provisions, that the products (hereinafter called “product”) delivered to customers within the European Union, are free from defects in material or workmanship within a period of 2 years from the date of delivery (guarantee period). Defects in material or workmanship that has been enforced within the guarantee period will be resolved by IBT GmbH at its own discretion and its own expense by repair or delivery of new or rebuilt parts. Other claims of the customer against IBT GmbH, in particular for compensation shall be excluded. The contractual or legal rights of the customer against the respective seller remain unaffected by this guarantee.
Product Guarantee. (1) The Buyer guarantees the Product shall meet all the quality requirements addressed in the appendix when the products are delivered free from any defects in material, craftsmanship or design. Nor shall the deliver products contain any design or element that may destroy the Buyer’s hardware. The Seller shall use the Antivirus software to conduct a comprehensive detection/scanning process before the products are delivered.
(2) For the products to be installed onboard of aircrafts, the Seller shall provide the mandatory Airworthiness certification documentation (the configuration or modification of each product shall be included in the certification documentation). Also, the latest version of product shall be installed on the flights in accordance with the airworthiness regulation of the importing country.
(3) The aforementioned guarantee does not apply to the following:
(a) When product is abused, misapplied, subject to negligence, accident, improper installation, improper storage, improper or handling, or used under abnormal environment condition or used in the way against the Seller’s product instruction.
(b) Reset, modification or alteration not done by the Seller or a third Party not authorized by the Seller.
(c) When the product is used together with a third-party products, hardware, or software which does not get the approval from the Seller.
Product Guarantee. 4Life offers a 100% 30-day money back satisfaction guarantee (less shipping charges) to all retail customers of its distributors. The customer must return the product to the 4Life distributor from whom it purchased the product for a refund, replacement or exchange. If a distributor is unsatisfied with any 4Life product purchased, the distributor may return the product within 30 days from the date of purchase for a 100% refund, a replacement or exchange (less shipping charges). This guarantee is limited to Php16,800 in any 12 month period. If a distributor wishes to return merchandise exceeding Php16,800 in any 12 month period, the return will be deemed an inventory repurchase and the Company shall repurchase the inventory pursuant to the terms in the “Return of Inventory and Sales Aids by Distributors” section, and the Distributor’s Agreement shall be canceled. To the extent allowed by applicable law, the guarantees provided in this Agreement are exclusive and in lieu of all other warranties and guarantees.
Product Guarantee. Since our products produce different results for different people, we do not guarantee specific results.
Product Guarantee. “Optional Fix-it” - If the Product Guarantee is not met during any Product Test prior to the final Product Test, then, in consultation with Owner, Mascoma may recommend changes to the Plant which Mascoma believes are necessary to meet the Product Guarantee. Owner will operate the Plant at reasonable conditions specified by Mascoma so that Mascoma can determine what changes need to be made, and, if Mascoma elects to recommend changes, Owner will have the right to implement Mascoma’s recommended changes according to a mutually agreeable schedule. Mascoma will bear the expense of preparing the basic engineering design which is required for Owner to implement the changes, including the expense of Mascoma’s personnel who assist in PORTIONS OF THIS EXHIBIT WERE OMITTED AND HAVE BEEN FILED SEPARATELY WITH THE SECRETARY OF THE COMMISSION PURSUANT TO AN APPLICATION FOR CONFIDENTIAL TREATMENT UNDER RULE 406 OF THE SECURITIES ACT; [***] DENOTES OMISSIONS. determining and making the changes; and Owner will bear all other expenses associated with the changes, including the expense of purchasing and installing equipment and the expense of Owner’s personnel and Owner’s contractor’s personnel who assist in determining and making the changes. For each dollar in such expenses borne by Owner, Mascoma will forfeit [***] in royalties due under the License Agreement. In the event the Product Guarantee is not met due to reasons other than the fault of Mascoma (e.g., Owner’s failure to meet the required conditions or requirements for equipment), Owner will be responsible for all costs to remedy the issues related solely to the Plant.
Product Guarantee. Seller guarantees on behalf of itself and all its Suppliers, agents, affiliates, employees and representatives that all Product provided, shipped or delivered by it or its Suppliers, agents, affiliates, employees or representatives for, by, or on behalf of MARKON, pursuant to this Agreement shall be and are, as of the date of shipment or delivery: (a) not adulterated or misbranded within the meaning of the United States Federal Food, Drug, and Cosmetic Act (FD&C Act), as amended and implemented; (b) not articles which may not, under the provisions of Section 404 or 505 of the FD&C Act, be introduced into interstate commerce; (c) not adulterated or misbranded within the meaning of any food and drug, health, safety or environmental laws, regulations or ordinances of any state or other government authority applicable to such shipment or delivery; (d) in compliance with the Fair Packaging and Labeling Act, as amended and implemented; (e) in compliance with the Consumer Product Safety Act, as amended and implemented; (f) not banned or misbranded within the meaning of the United States Federal Insecticide, Fungicide and Rodenticide Act, as amended and implemented; (g) in compliance with any warning requirement imposed under California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (“Proposition 65”) as amended and implemented; (h) in compliance with all other United States Federal, state or other government authority laws, regulations, ordinances and guidelines applicable to such shipment or delivery; (i) merchantable and fit for the ordinary purposes for which such products are sold; (j) grown and handled solely in the United States unless MARKON gives prior written approval for Seller to obtain Product grown or handled in a foreign country based on comparable standards and indemnification; (k) in compliance with United States Federal, state, and local laws, regulations, enforcement policies and guidelines, including but not limited to the Food and Drug Administration and the United States Department of Agriculture, applicable to the growing, handling, and transportation of the Product; (l) subject to a third party food safety audit on at least an annual basis (by a third party auditor approved in advance by MARKON), as demonstrated by a copy of the current food safety audit; (m) in compliance with MARKON’s 5-Star Food Safety Program requirements, including but not limited to annual third-party food safety audit reviews, water test results, documentati...
Product Guarantee. At the time of shipment or other delivery, the Products are guaranteed to be: (a) high quality products in conformity with the Specifications and with any samples approved by Customer; (b) manufactured and packaged in accordance with good manufacturing practices under strict sanitary conditions; (c) in compliance with all applicable federal. state and local laws and regulations; (d) meet or exceed industry standards; (e) be free from defects; (f) be fit for their intended purposes; and (h) Customer accepts no responsibility or liability for the noncompliance of PGF with any applicable laws and regulations.
Product Guarantee. Actual Damages - If during the final Product Test the economic value of the operation taking into account each of the performance requirements set forth in Table 1.1 is less than [***], and if such failure is due to the fault of Mascoma, then, in full satisfaction of Mascoma’s obligations under this Agreement, Frontier (with respect to the License Fee) or Mascoma (with respect to any Expanded License Fee) will forfeit [***]. The amount to be forfeited by Frontier with respect to the License Fee, if any shall be forfeited either in the form of cash or a reduction of Frontier’s membership interest in Licensee, at Frontier’s option.
