THE LIMITED WARRANTY Sample Clauses

THE LIMITED WARRANTY. 1.1 Ecoscape warrants to the original purchaser (“Purchaser”, “you” or “your”) of the Ecoscape products noted below that, for the specified Warranty Period, such products shall,
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THE LIMITED WARRANTY. Ginlong warrants that the Products will be free from defects and workmanship within the Warranty Period set forth in Section C, below. This Limited Warranty is subject to the terms and conditions in this document. This Limited Warranty may extend a Customer’s statutory rights and cannot be construed so as to diminish such statutory rights. The Limited Warranty under this document is available on and from May 1, 2024 ("Warranty Validation Date"). Unless otherwise agreed in writing, the Limited Warranty under this document is not applicable to any Products sold prior to the Warranty Validation Date. For the avoidance of doubt, the original terms and conditions supplied with that Product will continue to apply for any Product sold prior to the Warranty Validation Date.
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THE LIMITED WARRANTY. 1.1. Eurocell warrants to the original purchaser (“Purchaser”, “you” or “your”) of the Products that, for the specified Warranty Period, the Products shall, (i) under normal and proper service conditions, (ii) when installed in accordance with Eurocell's written instructions and (iii) when used and maintained in an above-ground application, remain free from material manufacturing defects and will not check, splinter, delaminate, rot, or suffer structural damage from fungal decay. For the purposes of the Limited Warranty, the “original purchaser” means the individual or individuals who were the owner(s) of the real property where the Products are installed. This Limited Warranty is not transferable.
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THE LIMITED WARRANTY. 1.1 Ningbo Helong New Material Company, Inc. (hereinafter “Honorwood”) warrants to the original purchaser (“Purchaser”) that, for the period of time set forth in the following sentence, under normal use and service conditions, Honorwood products shall be free from material defects in workmanship and materials, and shall not split, splinter, rot or suffer structural damage from termites or fungal decay. The term of such warranty shall be twenty-five (25) years from the date of original purchase for a residential application, and ten (10) years from the date of original purchase for a commercial application. If a defect occurs within the warranty period, Purchaser shall notify Honorwood in writing and, upon confirmation by an authorized Honorwood representative of the defect. Honorwood’s sole responsibility shall be, at its option, to either replace the defective item or refund the portion of the purchase price paid by Purchaser for such defective item (not including the cost of its initial installation).
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THE LIMITED WARRANTY. Urban Direct Wholesale warrants to the “original purchaser” of the NewTechWood products noted below will remain free from material manufacturing defects and will not: • splinter; • delaminate; • rot; • will not suffer termite damage and fungal decay. in the following conditions:
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THE LIMITED WARRANTY. 1.1 NewTechWood warrants to the original purchaser (“Purchaser”, “you” or “your”) of the NewTechWood products noted below that, for the specified Warranty Period, such products shall, (i) under normal and proper service conditions, (ii) when installed in accordance with NewTechWood’s written instructions and
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THE LIMITED WARRANTY 
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Related to THE LIMITED WARRANTY

  • Limited Warranty If Customer obtained the Software directly from TIBCO, then TIBCO warrants that for a period of thirty (30) days from the Purchase Date: (i) the media on which the Software is furnished will be free of defects in materials and workmanship under normal use; and (ii) the Software will substantially conform to its Documentation. This limited warranty extends only to the original Customer hereunder. Customer's sole and exclusive remedy and the entire liability of TIBCO and its licensors under this limited warranty will be, at TIBCO's option, repair, replacement, or refund of the Software and applicable Maintenance fees, in which event this End User License Agreement shall terminate upon refund thereof. This warranty does not apply to any Software which (a) is licensed for beta, evaluation, testing or demonstration purposes for which TIBCO does not receive a license fee, (b) has been altered or modified, except by TIBCO, (c) has not been installed, operated, repaired, or maintained in accordance with instructions supplied by TIBCO, (d) has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident, or (e) is used in violation of any other term of this End User License Agreement. Customer agrees to pay TIBCO for any Maintenance or Services provided by TIBCO related to a breach of the foregoing on a time, materials, travel, lodging and other reasonable expenses basis. If Customer obtained the Software from a TIBCO reseller or distributor, the terms of any warranty shall be as provided by such reseller or distributor, and TIBCO provides Customer no warranty with respect to such Software. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, THE SOFTWARE, MAINTENANCE AND SERVICES ARE PROVIDED "AS IS", ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW. CERTAIN THIRD PARTY SOFTWARE MAY BE PROVIDED TO CUSTOMER ALONG WITH CERTAIN TIBCO SOFTWARE AS AN ACCOMMODATION TO CUSTOMER. THIS THIRD PARTY SOFTWARE IS PROVIDED "AS IS". CUSTOMER MAY CHOOSE NOT TO USE THIRD PARTY SOFTWARE PROVIDED AS AN ACCOMMODATION BY TIBCO. NO WARRANTY IS MADE REGARDING THE RESULTS OF ANY SOFTWARE, MAINTENANCE OR SERVICES OR THAT THE SOFTWARE WILL OPERATE WITHOUT ERRORS, PROBLEMS OR INTERRUPTIONS, OR THAT ERRORS OR BUGS IN THE SOFTWARE WILL BE CORRECTED, OR THAT THE SOFTWARE'S FUNCTIONALITY, MAINTENANCE OR SERVICES WILL MEET CUSTOMER'S REQUIREMENTS. NO TIBCO DEALER, DISTRIBUTOR, AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS OR ADDITIONS TO THIS WARRANTY. Indemnity. If Customer obtained the Software from TIBCO directly, then TIBCO agrees at its own expense to defend or, at its option, to settle, any claim or action brought against Customer to the extent it is based on a claim that the unmodified Software infringes any patent issued by the United States, Canada, Australia, Japan, or any member of the European Union, or any copyright, or any trade secret of a third party; and TIBCO will indemnify and hold Customer harmless from and against any damages, costs and fees reasonably incurred (including reasonable attorneys' fees) that are attributable to such claim or action and which are assessed against Customer in a final judgment; provided that TIBCO is promptly notified in writing of such claim, TIBCO has the exclusive right to control such defense and/or settlement, and Customer shall provide reasonable assistance (at TIBCO's expense) in the defense thereof. In no event shall Customer settle any claim, action or proceeding without TIBCO's prior written approval. In the event of any such claim, litigation or threat thereof, TIBCO, at its sole option and expense, shall (a) procure for Customer the right to continue to use the Software or (b) replace or modify the Software with functionally equivalent software. If such settlement or modification is not commercially reasonable (in the reasonable opinion of TIBCO), TIBCO may cancel this End User License Agreement upon sixty days prior written notice to Customer, and refund to Customer the unamortized portion of the license fees paid to TIBCO by Customer based on a five-year straight-line depreciation. This Section states the entire liability of TIBCO with respect to the infringement of any intellectual property rights, and Customer hereby expressly waives any other liabilities or obligations of TIBCO with respect thereto. The foregoing indemnity shall not apply to the extent any infringement could have been avoided by use of the then-current release.

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