Vendor’s Warranty. 7.1. Vendor warrants to Buyer that at the time of delivery: (1) Products will meet the applicable published specifications when used in accordance with the applicable instructions or, in the case of CMTO Products, will conform to the mutually agreed upon product specifications, in each case for a period of twelve (12) months from shipment of the Products unless otherwise specified in writing, and (2) Services will be performed with the customary care required in published standards for the relevant industry (“Warranty”).
7.2. The Warranty and the applicable Specifications for the Products may not be altered except by express written agreement signed by an authorized representative of Buyer.
7.3. In the event of a breach of the Warranty for a Product, Vendor shall, at Buyer’s sole option: (i) repair the Product, (ii) replace the Product, or (iii) refund to Buyer the amount paid for the Product.
7.4. If there is a breach of the Warranty for Services, Vendor shall, at Buyer’s sole option: (i) re-perform the Services, or (ii) refund to Buyer the amount paid by for the Services.
Vendor’s Warranty. The Vendor warrants that as at the Date of Completion that the Chattels will be the absolute property of the Vendor free from any Security Interest.
Vendor’s Warranty. (1) User warranty claims assume that the User has abided by his/her statutory obligations to control, check and report problems with the software, based on §377 HGB.
(2) If the software is defective, the User has the right to have the error corrected or to receive a new copy of the software, i.e. one which is free from the error. In the event that the User chooses to have the error corrected, all expenses related to correcting the error shall be paid by ePages, in particular the transportation, carriage, time and materials required. This applies as long as the logistics expenses are not artificially high because the product in question has been moved to a location different from the one at which the product was originally sold.
(3) If the correction or the new delivery do not solve the problem, the User has a right to demand either a refund or to terminate the corresponding contract.
(4) In the event that the User makes a warranty claim, ePages liability shall be limited to the statutory maximum liability for damage caused by intent or gross negligence from its agents or representatives. If there is no intentional breach of contract, the maximum liability shall be generally limited to the usual and customary damage amounts.
(5) In the event that ePages is responsible for a material breach in contract, its maximum liability shall be the statutory limits. This is generally limited to the usual and customary damage amounts.
(6) Unless otherwise agreed to in writing, all other liability is expressly and specifically excluded.
(7) A latent, potential liability remains, however, for bodily injury, death or other health- related torts; this applies, in particular, to the mandatory statutory liability (Produkthaftungsgesetz).
(8) ePages product liability is limited to 12 months, beginning with delivery/handover of the product.
(9) The statutory time limit applies in the case of replacement deliveries. It is governed by §§478 and 479 BGB.
Vendor’s Warranty. In addition to any express and/or implied warranties accompanying the Products purchased by XXX, for a period of one (1) year from the date of delivery of fully conforming Products, Vendor warrants that: (a) the Products will conform in all respects to the descriptions contained within ANA’s Purchase Order; (b) the Products are merchantable, are fit for any particular purpose, will be free from defects in material and/or workmanship, will have uninterrupted and/or error-free operation, and/or are correct, accurate, reliable, and/or otherwise; (c) the Products comply with all applicable federal, state, and local laws and regulations, and industry standards; (d) the Products will not and do not infringe upon, misappropriate, and/or violate any intellectual property and/or proprietary rights of any third party; and (e) upon passing of title to the Products to XXX in accordance with these Terms and Conditions, the Products are free and clear of any encumbrances, liens, and/or similar claims by Vendor and any third parties, and XXX and its downstream customers and end-users will have good and marketable title to the Products. If any Products shall prove defective or otherwise fail to conform to the Agreement and/or the Terms and Conditions herein (including this “Vendor’s Warranty), Vendor shall at its sole effort and expense, provide XXX with an equal or better replacement, suitable repair, credit, and/or a refund for the Products, which XXX shall select in its sole discretion. Vendor agrees that any applicable statutes of limitations are hereby reduced so that any such legal actions by Vendor against XXX must be brought within one (1) year from accrual of such action, and tolling principles such as the discovery rule shall not apply. In the event this reduction of statutes of limitations is unenforceable, Vendor agrees to the shortest possible limitations period permitted by applicable law. IN NO EVENT SHALL XXX BE LIABLE FOR LOST PROFITS, INCIDENTAL, INDIRECT, DIRECT, CONSEQUENTIAL, SPECIAL, TREBLE, EXEMPLARY, PUNITIVE, STATUTORY AND/OR SIMILAR DAMAGES, LOSS OR EXPENSE. Vendor’s obligations under this paragraph shall survive any termination of the Agreement.
Vendor’s Warranty. Vendor warrants to ILX that Vendor has the power and authority to enter into this Agreement and has applied for copyright of the Service, and that the Service does not infringe any patent, trade name, trademark, trade secret, copyright or other proprietary right of any third party. Vendor further warrants for the benefits of ILX and each End User that the Service shall operate in conformity with Vendor's specifications, as described in Schedule A, when used in conjunction with the ILX Information Service.
Vendor’s Warranty. The Vendor represents and warrants to EDC that all materials, equipment, labor, and workmanship performed or supplied by Vendor will:
Vendor’s Warranty. The Vendor represents and warrants to EDC FM that all materials, equipment, labor, and workmanship performed or supplied by Vendor will:
Vendor’s Warranty. The Vendor(s) warrants that the Vendor(s) has the authority to enter into this Agreement.
Vendor’s Warranty. 6.1 Vendors’ warranties
Vendor’s Warranty. Excluding items covered by any Third-Party Warranties addressed below, Vendor warrants that all products, material, supplies, and equipment provided to the Department under this Agreement or which are incorporated into or are consumed in the project in any way shall conform to all samples and shop drawings provided, shall be free from defects in materials and workmanship, and shall comply with the Specifications, subject to the Assumptions. This warranty shall apply to each component of any assembly and to any assembly as a whole. In the event a defect, malfunction, or other failure not caused by (i) misuse, neglect, accident, damage or other abuse; (ii) improper maintenance by the Department or any third party, or (iii) designs or specifications provided by the Department, Vendor shall repair the warranted item if repair can be made on site within a reasonable time from receipt of notice of the occurrence. If repair cannot be made within a reasonable time from receipt of notice of the occurrence, Vendor shall replace the warranted item on site within a reasonable time from receipt of notice of the occurrence. In determining a reasonable time for repair or replacement, matters unique to the Vendor, such as office location or availability of personnel, shall not be considered. In the event that the Department determines that public health, safety, or welfare requires temporary measures to continue safe functioning of the facility of which the warranted item is a part, Vendor shall provide temporary items or take other temporary measures as the Department deems necessary. All repairs, replacements, and temporary measures shall be at the sole cost and expense of the Vendor, without any charge to the Department. This warranty shall be for one (1) calendar year, which calendar year shall commence upon completion of Revenue Service Demonstration (“Warranty Period”).
