Solution Warranty. FIS warrants to Client that, for a period of ninety (90) days from the Order Effective Date, the Solution (as delivered to Client by FIS and when properly used for the purpose and in the manner specifically authorized by this Agreement), will perform as described in the Documentation in all material respects. FIS’ sole obligation and liability under this warranty is to comply with the provisions of Section 8.5 or Section 9.4 of this Agreement, as applicable.
Solution Warranty. During the warranty period, Customer shall receive the following:
Solution Warranty. Wickr warrants that the Solution, when used as permitted under this Agreement and in accordance with the Documentation, will operate substantially as described in the Documentation. The foregoing warranty shall not apply to any failure of the Solution to operate as warranted or to any other problem if such failure or problem is due to an Exclusion. If the Solution fails to conform to this warranty, Company shall notify Wickr in writing. Upon such notice, and as Company’s sole and exclusive remedy for a breach of this warranty, Wickr will use reasonable efforts to modify the Solution such that it complies with the Documentation.
Solution Warranty. We warrant that, when properly, accessed and used by You, the Solution will substantially operate as described in the applicable Documentation. If You notify Us of any breach of said warranty, We will use reasonable efforts to remedy any material defect or error in the Solution at Our own expense and within a reasonable time after receiving such notice from You, but only if: (a) You are fully compliant with Your payment and other obligations under the Agreement; (b) You, at Our request, promptly provide Us with documentation of the alleged defect or error; (c) You provide Us with complete information regarding the circumstances surrounding the alleged defect or error and cooperate fully in recreating the environment in which the alleged defect or error in question arose; and (d) the alleged defect or error does not result from or relate to: (i) any failure by You to perform Your obligations under the Agreement; (ii) the unauthorized or incorrect use of the SCC, or database or operator error; (iii) the use of computer equipment, products or services that have not been approved or supplied by Us; (iv) operation of the SCC outside Our recommended operating procedures and environmental specifications; or (v) accident, neglect, hazard, misuse, natural calamity, or failure or fluctuation of electrical power or environmental conditions. In the event that We are unable to cure any material defect or error in the SCC within a reasonable period of time, Your sole and exclusive remedy will be to terminate Your access to and use of the Solution upon thirty (30) days prior notice to Us and receive a pro-rata refund of any pre-paid, unused Subscription Fee for the remainder of the then-current Subscription Period.
Solution Warranty. Contractor warrants that the Solution will operate as described in Appendix H (“Solution Warranty”). The Solution Warranty contained in Appendix H shall be the sole and exclusive warranties with respect to the Solution.
Solution Warranty. Throughput Specification Throughput Specification Avg Units per Outbound Container (OBC) [***] [***] [***] [***] Total Flow [***] [***] [***] [***] Picking Flow [***] [***] [***] [***] Passthrough Flow * [***] [***] [***] [***] Bulk Storage Induction *§ [***] [***] [***] [***] Bulk Storage Discharge § [***] [***] [***] [***] Trailer Dock Induction † [***] [***] [***] [***] Trailer Dock Discharge *†§ [***] [***] [***] [***] OutboundCycleTime₴ [***] [***] [***] [***] The Parties agree and acknowledge that they will work in good faith and on a best efforts basis to reach agreement on the period (i.e., week, month) over which Solution compliance with the foregoing throughput specifications will be measured for purposes of triggering the warranty set forth in the Project Agreement. These throughput requirements were generated from Target’s specification of [***] under the assumption that [***] of unit volume passes through the picking flow and the remaining 60% of volume passes through the pass-through flow. The Solution was sized based on the following assumptions: * Based on an assumption of [***] units[***] † Based on an assumption of [***] units[***] § Assuming no reuse of [***] between consecutive waves. The Solution can reuse inventory containers [***] between waves, which can reduce the required [***] induction and discharge throughput, if the Target WMS provides the system with advance knowledge of [***] orders. ₴ “Outbound cycle time” refers to the amount of time between the first inventory for a wave being inducted into the system and all [***] containers contained in that wave being discharged from the system. This primarily depends on the inventory induction time (the amount of time between the first and last inventory containers for a wave being inducted) and the number of concurrent waves. Neither of these parameters significantly change as a function of the [***] is an estimate based on current estimates of: (a) inventory induction time, and (b) the number of waves being concurrently processed by the system. The actual cycle time may be faster than [***] Contractor strives to minimize [***] time and will work with Target to modify these parameters accordingly.
Solution Warranty. Supplier warrants that the Solution will substantially conform to the specifications stated in the Documentation for the Solution. That warranty does not apply to the extent:
Solution Warranty. Medallia has provided Company with an express warranty that the Medallia Experience Cloud will function in a manner consistent with Medallia’s published product description as modified from time to time to reflect improvements, additions, and sunsets. OTHER THAN THE EXPRESS WARRANTY, MEDALLIA PROVIDES THE MEDALLIA EXPERIENCE CLOUD TO COMPANY FOR RESALE “AS IS,” MAKING NO WARRANTY OF ANY KIND EXPRESS OR IMPLIED WITH REGARD TO THE MEDALLIA EXPERIENCE CLOUD, AND DISCLAIMING ALL OTHER WARRANTIES, SUCH AS: (A) ANY WARRANTY THAT THE MEDALLIA EXPERIENCE CLOUD WILL BE ERROR FREE OR UNINTERRUPTED; AND (B) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Solution Warranty psHEALTH warrants that the Software will perform substantially in accordance with the Solution Configuration (as detailed in Schedule B) during the term of this Agreement; provided that such warranty will not apply to the extent any non-compliance is caused by use of the Solution contrary to psHEALTH’s instructions, or by modification or alteration of the Solution other than by or on behalf of psHEALTH. If the Solution does not conform to the preceding warranty, Client’s sole and exclusive remedy will be to require psHEALTH (at psHEALTH’s expense), to make reasonable efforts to within a reasonable time correct any such non-compliance or provide Client an alternate and efficient means of accomplishing the desired performance. Notwithstanding Clause 9.1, psHEALTH does not warrant or represent that Client’s use of the Solution and Services will be uninterrupted or error-free, and Client acknowledges and agrees that psHEALTH may from time to time suspend Client’s access to the Solution and the Services as psHEALTH reasonably deems necessary for reasons of security or necessary maintenance.
Solution Warranty. FIS warrants to Client that, for a period of sixty (60) days from the Order Effective Date, the Solution (as delivered to Client by FIS and when properly used for the purpose and in the manner specifically authorized by this Agreement), will perform as described in the Documentation in all material respects. FIS’ sole obligation and liability under this warranty is to comply with the provisions of Section 8.5 or Section 9.4 of this Agreement, as applicable. Compliance with Laws; Anti-Bribery. FIS shall comply with all laws, enactments, orders and regulations applicable to it as the provider of services under this Agreement. Client shall comply with all laws, enactments, orders and regulations applicable to it as the recipient and user of services under this Agreement. Each party acknowledges and agrees that: (i) it has complied with and shall continue to comply with all applicable laws, regulations and sanctions relating to anti-bribery and anti-corruption (“ABC Laws”); and (ii) it shall maintain in place throughout the term of this Agreement its own policies and procedures to ensure compliance with the ABC Laws.
