Product Warranty. Seller provides general warranties of fitness and general warranties that the goods are free from defects, for 1 year from acceptance of the goods, except as may otherwise be set forth in the Description/Proposal, or other attached warranty.
Product Warranty. Unless recycled or recovered materials are available in accordance with the “Recycled or Recovered Materials” clause, Product offered shall be standard new equipment, current model or most recent release of regular stock product with all parts regularly used with the type of equipment offered; and no attachment or part has been substituted or applied contrary to the manufacturer’s recommendations and standard practice. Contractor further warrants and represents that components or deliverables specified and furnished by or through Contractor shall individually, and where specified and furnished as a system, be substantially uninterrupted or error-free in operation and guaranteed against faulty material and workmanship for the warranty period, or for a minimum of one (1) year from the date of acceptance, whichever is longer (“Project warranty period”). During the Project warranty period, defects in the materials or workmanship of components or deliverables specified and furnished by or through Contractor shall be repaired or replaced by Contractor at no cost or expense to the Authorized User. Contractor shall extend the Project warranty period for individual component(s), or for the System as a whole, as applicable, by the cumulative period(s) of time, after notification, during which an individual component or the System requires servicing or replacement (down time) or is in the possession of the Contractor, its agents, officers, Subcontractors, distributors, resellers or employees (“extended warranty”). Where Contractor, the Independent Software Vendor “ISV,” or other third party manufacturer markets any Project Deliverable delivered by or through Contractor with a standard commercial warranty, such standard warranty shall be in addition to, and not relieve the Contractor from, Contractor’s warranty obligations during the project warranty and extended warranty period(s). Where such standard commercial warranty covers all or some of the Project warranty or extended warranty period(s), Contractor shall be responsible for the coordination during the Project warranty or extended warranty period(s) with ISV or other third party manufacturer(s) for warranty repair or replacement of ISV or other third party manufacturer’s Product. Where Contractor, ISV or other third party manufacturer markets any Project Deliverable with a standard commercial warranty which goes beyond the Project warranty or extended warranty period(s), Contractor shall notify the Authorized Us...
Product Warranty. A. GDTI warrants that the media on which the Products are delivered to Distributor will be free from defects in material and workmanship for a period of ninety (90) days from date of shipment. GDTI does not warrant and shall not be responsible for damage or malfunctions of its Products that are caused by use of the Products other than in accordance with the applicable documentation or by integration with or use in conjunction with other products outside its control.
B. GDTI shall incur no liability under this warranty if: (1) the allegedly defective media are not returned prepaid to GDTI within thirty (30) days of the discovery of the alleged defect and in accordance with GDTI's procedures; or (2) GDTI's tests disclose that the alleged defect is not due to defects in material or workmanship.
C. GDTI's exclusive liability for any breach of the warranty set forth above shall be limited to either repair or replacement of the defective Products, at GDTI's option.
D. GDTI MAKES NO EXPRESS OR IMPLIED WARRANTIES REGARDING THE QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE BEYOND THE WARRANTY WHICH APPEARS ABOVE. GDTI SHALL NOT BE RESPONSIBLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR DAMAGES TO BUSINESS OR BUSINESS RELATIONS EVEN IF GDTI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED OR EXCLUSIVE REMEDY OF ANY KIND. UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY OF GDTI TO DISTRIBUTOR OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AGGREGATE AMOUNT PAID BY DISTRIBUTOR TO GDTI UNDER THIS AGREEMENT. THE LIMITATIONS ON LIABILITY SET FORTH IN THIS AGREEMENT SHALL APPLY TO ALL CAUSES OF ACTION, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, BREACH OF WARRANTY, STRICT LIABILITY, NEGLIGENCE, MISREPRESENTATION AND OTHER TORTS. THE WARRANTY SET FORTH IN SECTION 14.A IS IN LIEU OF ALL OTHER WARRANTIES.
E. THE WARRANTY SET FORTH IN SECTION 14.A IS INVALID IF DISTRIBUTOR LICENSES OR DISTRIBUTES THE PRODUCTS OUTSIDE THE AUTHORIZED AREA WITHOUT THE PRIOR WRITTEN CONSENT OF GDTI.
Product Warranty. (a) The Vendor warrants that, for a period of two (2) years from the date of Final Acceptance of any PCS System and/or PCS Sub-System, as the case may be (the "Product Warranty Period"), all Products and all of the Installation and the Configuration Engineering thereof within such PCS System and/or PCS Sub-System, as the case may be, will materially conform with and perform the functions set forth in the Specifications and the relevant performance criteria set forth in Exhibit D, to the extent applicable, and will be free from Defects and Deficiencies in material or workmanship which impair service to subscribers, System performance, billing, administration and/or maintenance. In the case of Software, the Product Warranty Period applicable to any such Software will be automatically extended upon, and simultaneous with, any Software Upgrade issued pursuant to the terms of Section 12. The Vendor will assign to the Owner all outstanding Subcontractor warranties attributable to Non-Essential Equipment at such time that the Vendor's warranty on such Non-Essential Equipment pursuant to this subsection 17.1 expires pursuant to and in accordance with the Product Warranty Period applicable to such Item of Non-Essential Equipment. The Warranty Period for a PCS Product or part thereof repaired or provided as a replacement under this Product warranty is six (6) months or the unexpired term of the new Product Warranty Period applicable to the repaired or replaced PCS Product or part, whichever is longer.
(b) To the extent the Owner orders additional Products from the Vendor in accordance with the terms of this Contract including, but not limited to, subsections 2.2 and/or 7.2, any such Products so ordered by the Owner and delivered and installed by the Vendor or its Subcontractors will be warranted to the same extent as set forth in clause (a) above for a period of not less than twenty four (24) months from the earlier of (i) the date the Owner puts such additional Products into In Revenue Service, (ii) the date of the Owner's acceptance and (iii) thirty (30) days after the Vendor completes the installation of such additional Products. If in the event, pursuant to the Owner's order for such additional Products the Vendor is not required to install such additional Products, the warranty on such additional products will run twenty-four (24) months from the date the Vendor shipped such products to the Owner.
Product Warranty. The Provider expressly warrants its products and services for one full year from their final written acceptance by the Department. The responsibility of the Provider with respect to this warranty is limited to correcting deficiencies in any deliverable using all the diligence and dispatch at its command, at no additional cost to the Department. The Provider is also responsible for correcting and/or updating any documentation affected by any operational support performed under this warranty provision.
Product Warranty. Warranty(ies): Unless otherwise specified, full parts and labor warranty period shall be for a minimum period of one (1) year after receipt of materials or equipment by the Purchaser. All materials or equipment provided shall be new and unused of the latest model or design and of recent manufacture. In the event of conflict between Master Agreement terms and conditions and Contractor’s submitted warranty, the Master Agreement terms and conditions shall prevail; except, to afford the Participating/Purchasing Entity maximum benefits, the SOM may avail itself of the Contractor’s warranty if deemed more beneficial to the Participating/Purchasing Entity.
Product Warranty. (a) CASI warrants for a period of twelve (12) months after the date hereof, for RESELLER's benefit alone, that each Product, as originally delivered (or, if subsequently modified by CASI, then in regard to each such modification as well) and when operated with the equipment configuration and in the operating environment of a Permitted Configuration Center, as defined in the Restated License, will perform in accordance with the technical and functional specifications set forth in the Documentation for such Product provided by CASI. CASI does not warrant that each Product will be error-free in all circumstances. In the event of any defect or error, RESELLER agrees to provide CASI with sufficient information to allow CASI to reproduce and repair the defect or error. As RESELLER's primary remedy for any defect or error in a Product covered by such warranty, CASI will correct such errors or defects at CASI's facility by promptly issuing corrected instructions, a restriction, or a bypass, in accordance with its' obligation for Maintenance Services, as defined in the Restated License. CASI is not responsible for any defect or error not reported during the warranty period (unless such defect or error did not come to RESELLER's attention until after due use and examination of the Product during said warranty period) or any defect or error in a Product which RESELLER has modified, misused or damaged in a manner causing the error or defect.
(b) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 3.3, CASI DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS PROVIDED IN THIS AGREEMENT, IN NO CASE SHALL EITHER PARTY BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES, UNLESS CAUSED BY WILFUL OR KNOWING CONDUCT, INCLUDING, WITHOUT LIMITATION, ANY SUCH SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR OPERATION OF THE PRODUCTS, DELAYS IN DELIVERY OR REPAIR, LOSS OF USE OF THE PRODUCTS, OR DAMAGE TO ANY DOCUMENTS OR OTHER PROPERTY OF RESELLER OR ITS LICENSEES, EXCEPT IN THE CASE OF WILFUL MISCONDUCT. Either party's liability arising out of contract, negligence, strict liability in tort or warranty shall not, except in the case of wilful misconduct, exceed the amounts paid by RESELLER under this Agreement. Notwithstanding the foregoing, CASI (i) warrants that RESELLER will not be required to obtain any third-party software in order to operate the Products other than that which is ...
Product Warranty. (a) The Supplier hereby represents and warrants on an ongoing basis that: it has the right and authority to enter into this Purchase Agreement and to perform the obligations set out herein; all production and deliveries have been performed with the greatest possible care and in a timely and highly professional manner; the Product is free and clear of all encumbrances and other restrictions to title and use that may affect the ownership in or right to any Product pursuant to this Purchase Agreement; any user, installation and maintenance documentation is complete, accurate and sufficient for the use, installation and maintenance of the Products and is in accordance with the requirements set forth in this Purchase Agreement; the Lead Purchaser, the Purchaser and any ASSA ABLOY Group company has and will continue to have (including after the expiry and termination of this Purchase Agreement or an Order, as the case may be) the rights as specified in this Purchase Agreement in and to the Product, granted or assigned under this Purchase Agreement (or any document or agreement made under or pursuant to this Purchase Agreement).
(b) The Supplier warrants that all Products delivered to the Purchaser shall be free from defects in material and workmanship, conform to the Specifications (if any) and be free from design defects and suitable for its intended purpose.
Product Warranty. LG Energy Solution will replace or repair any defect in the ‘Products’ subject to the terms of this ‘Warranty’ including the exclusions set out in Articles 7, 8 and 9. The Product Warranty shall begin either (i) on the date of the installation or (ii) twelve (12) months from the date of manufacture, whichever occurs first, and such ‘Warranty’ shall be valid for a period of ten (10) years.
Product Warranty. Each product manufactured, sold, leased, licensed or delivered by the Company has been in conformity with all applicable contractual commitments and all applicable warranties, and the Company has no liability or obligation for replacement or repair thereof or other damages in connection therewith, other than in the ordinary course of business and subject only to the reserve for product warranty claims set forth on the face of the Company Balance Sheet (rather than in any notes thereto) and the Interim Balance Sheet.
