W arranty. Seller warrants that the Products shall be free from defects in design, material, and workmanship, for a period of one (1) year from the date of shipment to Buyer (the "Warranty Period"). Seller agrees during the Warranty Period, provided it is promptly notified in writing by Buyer upon the discovery of any defect, and further provided that all costs of returning the defective Products to Seller are pre-paid by Buyer, to repair or replace, at Seller's option, any Products determined by Seller to be defective. Replacement parts may be new or refurbished, at the election of Seller. All replaced parts shall become the property of Seller. Shipment to Buyer of repaired or replacement Products shall be made in accordance with the provisions of Section 5 above. Lamps, fuses, bulbs and other expendable items are expressly excluded from the warranty under this Section 9. Seller's sole liability with respect to equipment, materials, parts or software furnished to Seller by third party suppliers shall be limited to the assignment by Seller to Buyer of any such third party supplier's warranty, to the extent the same is assignable, and such third party warranty shall be the sole warranty provided in connection with such equipment, materials, parts, or software. In no event shall Seller have any obligation to make repairs, replacements or corrections required, in whole or in part, as the result of (i) normal wear and tear, (ii) accident, disaster or event of force majeure, (iii) misuse, fault or negligence of or by Buyer or its agents or authorized users, (iv) use of the Products in a manner for which they were not designed, (v) causes external to the Products such as, but not limited to, power failure or electrical power surges, (vi) improper storage of the Products, (vii) improper or unauthorized installation, maintenance, or repair of the Products or (viii) use of the Products in combination with equipment or software not supplied by Seller. If Seller determines that Products for which Buyer has requested warranty services are not covered by the warranty hereunder, Buyer shall pay or reimburse Seller for all costs of investigating and responding to such request at Seller's then prevailing time and materials rates. If Seller provides repair services or replacement parts that are not covered by the warranty provided in this Section 9, Buyer shall pay Seller therefore at Seller's then prevailing time and materials rates. ANY INSTALLATION, MAINTENANCE, REPAIR, SERVICE, R...
W arranty. Sound will from time-to-time provide Dealer with a copy of its then-current warranty applicable to the Products. Sound makes no warranties to Dealer. Sound will extend its then-current warranty applicable to a Product to each Customer who purchases such Product from Dealer. Sound will not accept any returns from Customer or Dealer, except that Sound will accept return of Product from Dealer if such Product does not comply with the applicable warranty.
W arranty. Signal Technologies only warrants Services for one (1) year from the completion date. Warranty or service will not be performed if any payments according to this Agreement, SOW or any change order become past due.
1. Material, fixtures, equipment and other items supplied by others.
2. Extensions or additions to the original installation if made by others.
3. Client’s failure to provide necessary maintenance if such maintenance is required for Services.
W arranty. The Deliverables shall be in conformity with the highest standards of quality and professionalism. Vendor warrants that the Deliverables shall be free from defects in design, materials and workmanship and shall conform to all applicable requirements, specifications, samples, drawings and descriptions either provided by or to Company, including, without limitation, all requirements, specifications, samples, drawings and descriptions contained or referenced in any other documentation provided or produced by Vendor, shall conform to all applicable requirements of law and government regulation, and shall otherwise be merchantable and fit and suitable for their intended purposes. Vendor further warrants that it owns the Deliverables and has the power to, and shall, transfer the Deliverables to Company free and clear of liens, encumbrances and interests of any kind. These warranties shall survive delivery, inspection, acceptance and payment.
W arranty. Each Party understands that any and all Confidential Information is being provided to it “as is” by the other Party without any representation or warranty, express or implied, as to the accuracy or completeness of the Confidential Information.
W arranty. 8.1 Subject to the exceptions set out in clauses 8.4 to 8.6 below and the limitations upon its liability in clause 9 below the Licensor warrants that:
8.1.1 it has the right power and authority to licence the use of the System M aterials upon the terms and conditions of this Agreement;
8.1.2 the System M aterials will for a period of 30 days from the Acceptance Date be free from defects in materials design and workmanship;
8.1.3 the System will for a period of 60 days from the Acceptance Date conform to the System Specifications; and
8.1.4 it will perform the Services with reasonable care and skill.
8.2 The Licensee shall give written notice to the Licensor as soon as it is reasonably able upon becom ing aware of a breach of warranty.
8.3 Subject to clause 8.4 below, the Licensor shall remedy any breach of the warranties set out in clause 8.1 above by the provision of the Helpline service provided that if the Licensor complies with this clause 8.3 it shall have no further liability in respect of a breach of the warranty set out in clause 8.1 above.
8.4 The Licensor shall have no liability to remedy a breach of warranty where such breach arises as a result of the improper use of the System or the System M aterials.
8.5 The System is designed and intended solely for educational and personal development purposes and is not designed or intended for any other use (including but not limited to determining the suitability of any individual for education, employment, promotion, demotion, reassignment or any qualitative personal function unsupported by other means) and the Licensee shall not be entitled to rely on the System when used for any unintended purpose.
8.6 Save as aforesaid, all conditions warranties terms and undertakings express or implied statutory or otherwise in respect of the System M aterials and the provision of the Services are hereby excluded to the fullest extent permitted by law.
W arranty. The equipment sold by seller hereunder is sold as is and without warranty. Seller neither makes nor assumes any liability under any warranty. Whether statutory, by operation of law or otherwise, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Seller does not warrant that such equipment or merchandise conforms with any plans or specifications of buyer or others or meets any requirements of any federal, state or local laws, regulations or ordinances pertaining to safety or insurance requirements.
W arranty. Seller warrants that: (i) Buyer shall have good and unencumbered title to all Goods, and is expressly permitted by Seller to repackage/relabel the Goods, suppressing any trademark they bear, and replacing it with the Buyer’s, before reselling, trading or otherwise putting the Goods on the market; (ii) the Goods and Services shall conform to the specifications, descriptions or samples furnished, specified or agreed upon by Buyer, and (iii) the Goods shall be merchantable, of good quality, free from defects and fit for their intended purpose. Seller agrees to indemnify and hold harmless Buyer from and against any and all claims, losses, damages and expenses (including attorneys' fees), resulting from or arising out of a breach of Seller's warranties.
W arranty. Tyler warrants that it shall perform services in a (g) G overning Law. Any dispute arising out of or relating to professional, workmanlike manner, consistent with industry standards. In the event Tyler provides services that do not conform to this warranty, Tyler will re-perform the services at no additional cost to Client. this Agreement or the breach thereof shall be governed by the laws of the State of Texas, without regard to or application of choice of law rules or principles.
