WARRANTIES AND EXCLUSIONS. 6.1 Accenture warrants that the SaaS Services provided to Client pursuant to the Agreement will comply in all material respects with the Documentation. This warranty shall not apply where: (i) the Client’s or any Authorized User's access or use of the SaaS Services is not in accordance with the Agreement or with Accenture’s instructions; (ii) modification or alteration of the SaaS Services or any systems, software or other content or materials embodied therein is made by any Party other than Accenture; or (iii) the SaaS Services are being provided free of charge, or as a trial, pre-release or as a beta release.
6.2 Client shall provide Accenture with prompt written notice of any non-conformity of the SaaS Services, sufficiently describing such non-conformity, no later than within thirty (30) days of the appearance or Client’s discovery of such non-conformity.
6.3 In such event, Accenture will use commercially reasonable efforts to correct any such non-conformity. In the event Accenture is unable to correct such non-conformity by exercising commercially reasonable efforts for a reasonable period, either Party may terminate the Agreement on written notice to the other Party in which case as Client’s sole and exclusive remedy, Accenture will provide a pro-rated refund of any pre-paid Fees for periods after the effective date of termination.
6.4 Accenture shall provide the SaaS Services by using good industry practice virus protection software to detect and mitigate Viruses in the SaaS Services (separate from the Client Content) that could disrupt the proper operation of the systems used in the provision of the SaaS Services.
WARRANTIES AND EXCLUSIONS. 16.1 The Institution hereby warrants, represents and undertakes that it has the full right power and authority to enter into this Agreement. For the avoidance of doubt, this shall mean that the Institution holds a current and valid Licence. In the event that such Licence is suspended or terminated for any reason, the Institution agrees to inform XXX immediately, and CLA shall have the right to suspend or terminate this Agreement upon such notice in accordance with clause 6.2.3.
16.2 The Institution warrants that it shall comply with the terms and conditions of the Licence.
16.3 To the fullest extent permitted by law, CLA shall not be liable to the Institution for consequential, indirect, special or exemplary damages or for any damages (whether direct or indirect) for loss of profits, business or anticipated benefits in each case whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
16.4 To the fullest extent permitted by law, no responsibility is assumed by CLA for any injury and/or damage as a matter of product liability, negligence or otherwise, or from any use or operation of any methods, products, instructions or ideas contained in any item supplied by CLA and/or the Service Supplier under this Agreement.
16.5 The express terms of this Agreement are in lieu of all warranties, conditions, undertakings, terms and obligations implied by statute, common law, trade usage, course of dealing or otherwise including but not limited to any implied warranties of merchantability or fitness for any particular purpose all of which are hereby excluded to the fullest extent permitted by law.
16.6 Nothing in this Agreement including this clause 16 shall exclude or limit either Party’s liability for:
16.6.1 death or personal injury resulting from the negligence of that Party or its servants, agents or employees;
16.6.2 fraud or fraudulent misrepresentation; or
16.6.3 any other liability the exclusion or limitation of which is prohibited by law.
WARRANTIES AND EXCLUSIONS. IBM provides the IBM SaaS in conformity with its descriptions as contained in the IBM SaaS Appendix A of this Terms of Use and maintains it in this condition for the term of the IBM SaaS. IBM, its Affiliates and suppliers disclaim all further warranties ("Ausschluß der Gewährleistung"). Warranties, if any, for Enabling Software supplied as part of this IBM SaaS may be found in their license agreements.
WARRANTIES AND EXCLUSIONS. 5.1. HCL WARRANTS THAT THE PACKAGED SERVICE OFFERINGS WILL BE PERFORMED IN A PROFESSIONAL AND WORKMANLIKE MANNER FOR SIXTY (60) DAYS AFTER THE SERVICES WERE PERFORMED (“WARRANTY PERIOD”).
5.2. THE LIMITED WARRANTIES EXPRESSLY SET FORTH IN SECTION 5 ARE LICENSEE’S EXCLUSIVE WARRANTIES. HCL DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ANY WARRANTY OR CONDITION OF NONINFRINGEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THE WARRANTY PERIOD. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE.
5.3. The sole and exclusive remedy and HCL’s entire liability for breach of the above warranty will be to reperform the Packaged Service Offerings as applicable, provided Licensee notifies Licensor of any breach of warranty in writing within the Warranty Period.
WARRANTIES AND EXCLUSIONS. We the Employer do not accept any responsibility for consequential loss or damage how ever it arises from the letting provided by this Hire Agreement unless it arises from our own act of negligence or default. Our total liability arising in connection with this Hire Agreement will not exceed a sum equal to the sum of all payments payable during the Fixed Period of Hire. Nothing in this Hire Agreement will exclude or restrict our liability for death or personal injury resulting from negligence, and neither shall we be held liable for failure to deliver the Goods on an agreed date.
WARRANTIES AND EXCLUSIONS. 10.1 To the extent permitted by law, Komatsu does not warrant and excludes all liability with respect to the accuracy, completeness, fitness for purpose or legality of any information accessed using the Site.
10.2 Komatsu excludes all liability of any kind for the transmission or the reception of or the failure to transmit or to receive any material of whatever nature.
10.3 You should not rely on any information accessed using the Site to make a purchasing decision – You should make your own enquiries before forming your own opinion and taking any action based on any such information.
10.4 It is Your responsibility to ensure that the Goods are sufficient and suitable for Your purposes and meet Your individual requirements. Komatsu does not warrant that the Goods will meet Your individual requirements. You acknowledge that the Goods are standard and not made bespoke to fit any particular requirements that You may have.
10.5 All other conditions and warranties of any type in relation to the Goods are excluded to the maximum extent allowed by the law. Nothing in these Terms of Use limit those provisions of the Competition and Consumer Act 2010 (Cth) nor any other statutes, rules or regulations from time to time in force in Australia which imply or guarantee certain conditions or warranties or impose obligations on Komatsu which conditions, warranties and obligations cannot, or cannot except to a limited extent be excluded, restricted or modified. If any such statutory provisions apply, then to the extent to which Komatsu is entitled to do so, its liability is limited at its option to:
(a) the replacement of Goods or the supply of equivalent Goods; or
(b) the payment of the cost of replacing the Goods or of acquiring equivalent Goods;
(c) the payment of the cost of having the Goods repaired; or
(d) the repair of the Goods.
WARRANTIES AND EXCLUSIONS. 15.1. For the greater of: (a) one year starting on the date the original Licensee is granted the Program license, or (b) the period that Support is in effect for Licensee (“Program Warranty Period”), HCL warrants that (i) the Program(s) will perform substantially in accordance with its Documentation, if used with the prescribed Prerequisite Materials and/or Platforms; (ii) HCL has used commercially reasonable efforts consistent with industry standards to scan for and remove any software viruses; and (iii) other than passwords or license keys that may be required for the operation of the Program(s) (or for HCL’s use in suspension/termination as authorized herein), there are no codes that are not addressed in the Documentation and that are designed to delete, interfere with, or disable the normal operation of the Program in accordance with the Documentation (the “Program Warranty”). For the greater of: (a) one year starting on the date the original Licensee is granted the Program license, or (b) the period that Support is in effect for Licensee (“Support Warranty Period”), HCL warrants that Support will perform substantially in accordance with the Support specifications herein or in applicable Order (the “Support Warranty”).
15.2. Program Warranty and Support Warranty do not cover Problems, failures, or defects in the Programs caused by any act or omission of Licensee or its representatives, or any other non-HCL person or entity, including but not limited to: (a) the misuse of or damage to the Program; (b) modifications to the Programs not made by or as authorized in writing in advance by HCL; (c) combination or use of the Programs with other software, hardware or cloud infrastructure not provided by HCL; or (d) use of the Program in an operating environment other than described in the Documentation or system requirements.
15.3. THE LIMITED WARRANTIES EXPRESSLY SET FORTH IN SECTION 15.1 ARE LICENSEE’S EXCLUSIVE WARRANTIES. HCL DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND ANY WARRANTY OR CONDITION OF NON- INFRINGEMENT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO LICENSEE. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THE WARRANTY PERIOD. SOME ST...
WARRANTIES AND EXCLUSIONS. The warranty period is twelve months from the date of delivery. The limitation period for consumers in action for breach of warranty is the statutory period as a minimum. The warranty for an IBM Program covers the functionality of the Program for its normal use and the Program's conformity to its specifications. IBM warrants that when the Program is used in the specified operating environment it will conform to its specifications. IBM does not warrant uninterrupted or error-free operation of the Program or that IBM will correct all Program defects. Licensee is responsible for the results obtained from the use of the Program. The warranty applies only to the unmodified portion of the Program. If the Program does not function as warranted during the warranty period and the problem cannot be resolved with information available, Licensee may return the Program to the party from whom Licensee acquired it and receive a refund of the amount Licensee paid. If Licensee down loaded the Program, Licensee may contact the party from whom Licensee acquired it to obtain the refund. This is IBM's sole obligation to Licensee, except as otherwise required by applicable statutory law.
WARRANTIES AND EXCLUSIONS a. The Hirer warrants that he/she;
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(ii) has a vehicle which has a current registration and warrant of fitness and which is suitable to tow the Trailer and its intended load;
(iii) Is fully insured for any damage it may cause to the trailer or which may occur to the Trailer while under the care and use of the Hirer;
(iv) ZLOO FRQQHFW WKH WUDLOHU WR WKH +LUHU connector and safety chain, and comply with the terms of the Transport Act 1962 and the Transport (Vehicle and Driver Registration and Licensing) Act 1986;
(v) ZLOO NHHS WKH 7UDLOHU ZLWKLQ WKH +L Premises forthwith after use;
(vi) will not alter the Trailer or any identifying number or mark thereon;
(vii) will maintain and keep the Trailer in full working order (fair wear and tear excepted) and will use the Trailer in a safe manner;
(viii) will not use the trailer in a manner which may cause damage to the Trailer;
(ix) will not permit or suffer the trailer to be used for anything contrary to any Act, regulation, bylaw, requirement, code of practice or recognized convention;
(x) will not allow the Trailer to be used by any person under the influence of alcohol or drugs;
(xi) will not load the Trailer in excess of the recommended drawbar limit (Payload also listed on Contract);
(xii) acknowledges that they use the Trailer at their own risk and accept responsibility for any breakdown or damage which may occur while the to the Owner by its manufacturer or supplier. 7UDLOHU LV LQ WKH +LUHU¶V ScRauVseVd HbyVthVe LRQ Z and the Hirer will pay to the Owner upon demand, all costs incurred by the Owner in relation to repair or replacement of the Trailer and any other loss suffered by the Owner.
WARRANTIES AND EXCLUSIONS. 8.1 Unless Komatsu states otherwise, the Goods or Services are warranted in accordance with the applicable warranty relevant at the date of supply listed at: xxxxx://xxx.xxxxxxx.xxx.xx/xxxxx/xxxxx-xxxxxxxxxx
8.2 All other conditions and warranties of any type in relation to the Goods or Services are excluded to the maximum extent allowed by the law. Nothing in these Conditions limit those provisions of the Competition and Consumer Xxx 0000 (Cth) nor any other statutes, rules or regulations from time to time in force in Australia which imply or guarantee certain conditions or warranties or impose obligations on Komatsu which conditions, warranties and obligations cannot, or cannot except to a limited extent be excluded, restricted or modified. If any such statutory provisions apply, then to the extent to which Komatsu is entitled to do so, its liability is limited at its option to:
(a) in the case of Goods:
(i) the replacement of Goods or the supply of equivalent Goods; or
(ii) the payment of the cost of replacing the Goods or of acquiring equivalent Goods; or
(iii) the payment of the cost of having the Goods repaired; or
(iv) the repair of the Goods; and
(b) in the case of Services:
(i) the supply of the Services again; or
(ii) the payment of the cost of having the Services supplied again.
8.3 The Purchaser, in connection with the Goods or Services, indemnifies and keeps indemnified Komatsu, its Related Bodies Corporate, its officers, agents, employees, subcontractors, vendors and other contractors (Indemnitees) against all claims, demands, losses, costs, liabilities and expenses arising directly or indirectly out of:
(a) injury to or death of any person (including Indemnitees) to the extent not caused by Komatsu;
(b) damage to or destruction of any property (including that of Indemnitees), to the extent not caused by Komatsu
(c) any modification, alteration or use of the Goods that is not in accordance with (without limitation) any applicable law or the Goods manufacturer’s recommendations or Komatsu's instructions or the manuals relating to the Goods.
8.4 Notwithstanding anything to the contrary in these Conditions or elsewhere and to the full extent permitted by law, Komatsu (including its Related Bodies Corporate) is not liable to the Purchaser under contract, at law or otherwise for any Consequential Loss, liquidated damages, delay penalties or any performance guarantees.
8.5 Notwithstanding anything to the contrary in these Conditions or elsewhere an...
