WARRANTIES AND LIMITATION OF WARRANTIES Sample Clauses

WARRANTIES AND LIMITATION OF WARRANTIES. During the Support Term, Customer shall be entitled to the following warranties: AVEPOINT EXPRESSLY WARRANTS THAT THE LICENSED PROPERTY, AS DELIVERED AND INSTALLED, SHALL PERFORM IN ACCORDANCE WITH THE SPECIFICATIONS CONTAINED IN THE THEN CURRENT DOCUMENTATION SUPPLIED BY AVEPOINT TO CUSTOMER THAT RELATE TO THE VERSION OF THE LICENSED PROPERTY DELIVERED BY AVEPOINT TO CUSTOMER. EXCEPT AS TO COMPATIBILITY OF THE LICENSED PROPERTY AS DESCRIBED IN AVEPOINT’S DOCUMENTATION, AVEPOINT MAKES NO WARRANTIES TO CUSTOMER WITH RESPECT TO THE CUSTOMER'S COMPUTER EQUIPMENT OR SYSTEM SOFTWARE OR ITS CAPACITY AND THIS WARRANTY DISCLAIMER IS MADE EXPRESSLY IN LIEU OF ANY AND ALL EXPRESS OR IMPLIED WARRANTIES TO CUSTOMER; INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES WITH RESPECT TO CUSTOMER'S COMPUTER EQUIPMENT AND SYSTEM SOFTWARE OR ITS CAPACITY ARE HEREBY EXPRESSLY DISCLAIMED.
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WARRANTIES AND LIMITATION OF WARRANTIES. During the Term, Customer shall be entitled to the following warranties:
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WARRANTIES AND LIMITATION OF WARRANTIES. 6.1. Optum warrants to Customer that:
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WARRANTIES AND LIMITATION OF WARRANTIES. Seller expressly warrants that the goods shipped shall conform to the description, exceptions, and special conditions stated herein. All services are provided based on product of effort basis and Seller assumes no responsibility for the cost of the material being processed. Any claim for breach of such warranty must be made in writing after receipt of the goods. Any claim not so made shall be barred. THERE IS NO IMPLIED WARRANTY OF MERCHANTABILITY WITH RESPECT TO THE GOODS SOLD HEREUNDER. FURTHERMORE, SELLER MAKES NO WARRANTY THAT THE GOODS SOLD HEREUNDER ARE FIT FOR ANY PARTICULAR PURPOSE. THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE FACE HEREOF. The Buyer’s sole remedy on account or in respect of the furnishings of goods that do not conform to the contract or to the express warranty contained herein shall be replacement by the Seller of the goods purchased. SELLER SHALL NOT IN ANY EVENT BE LIABLE FOR THE COST OF ANY LABOR EXPENDED ON ANY SUCH GOODS OR FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES TO ANYONE BY REASON OF THE FACT THAT SUCH GOODS DO NOT CONFORM TO THIS CONTRACT OR TO THE EXPRESS WARRANTY STATED HEREIN. Buyer waives the benefit of any rule that disclaimer of warranty shall be construed against Xxxxxx and agrees that such disclaimer shall be construed liberally in favor of Seller.
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WARRANTIES AND LIMITATION OF WARRANTIES. During the Term, Customer shall be entitled to the following warranties: 第 4 条. 保証および保証✰制限。 期間中、本件顧客は、以下✰保証を受ける権利を与えられるも✰とする。 4.1 AVEPOINT EXPRESSLY WARRANTS THAT THE LICENSED PROPERTY, AS DELIVERED AND INSTALLED, SHALL PERFORM IN ACCORDANCE WITH THE SPECIFICATIONS CONTAINED IN THE THEN CURRENT DOCUMENTATION SUPPLIED BY AVEPOINT TO CUSTOMER THAT RELATE TO THE VERSION OF THE LICENSED PROPERTY DELIVERED BY AVEPOINT TO CUSTOMER. 4.1 AvePoint は、許諾財産が引き渡され、インストールされたそ✰まま状態で、 AvePoint が本件顧客に引き渡した許諾財産✰バージョンに関連して、 AvePoint が本件顧客に提供したそ✰時点で最新✰ドキ➦メンテーションに記載する仕様に合致して機能することを、明示的に保証する。
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WARRANTIES AND LIMITATION OF WARRANTIES. (a) Vendor represents and warrants to United that each of Vendor’s employees, agents and subcontractors assigned to perform any Services shall have the proper skill, training and experience to perform the Services, the Services will be performed in a competent and professional manner, and Vendor’s employees, agents and subcontractors will observe any working rules of United, while on United’s premises and to the extent conveyed by United.
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WARRANTIES AND LIMITATION OF WARRANTIES. During the Term, Customer shall be entitled to the following warranties: 3.1 AVEPOINT EXPRESSLY WARRANTS THAT THE LICENSED PROPERTY, AS DELIVERED AND INSTALLED, SHALL PERFORM IN ACCORDANCE WITH THE SPECIFICATIONS CONTAINED IN THE THEN CURRENT DOCUMENTATION SUPPLIED BY AVEPOINT TO CUSTOMER THAT RELATE TO THE VERSION OF THE LICENSED PROPERTY DELIVERED BY AVEPOINT TO CUSTOMER. 3.2 EXCEPT AS TO COMPATIBILITY OF THE LICENSED PROPERTY AS DESCRIBED IN AVEPOINT’S DOCUMENTATION, AVEPOINT MAKES NO WARRANTIES TO CUSTOMER WITH RESPECT TO THE CUSTOMER'S COMPUTER EQUIPMENT OR SYSTEM SOFTWARE OR ITS CAPACITY AND THIS WARRANTY DISCLAIMER IS MADE EXPRESSLY IN LIEU OF ANY AND ALL EXPRESS OR IMPLIED WARRANTIES TO CUSTOMER; INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL WARRANTIES WITH RESPECT TO CUSTOMER'S COMPUTER EQUIPMENT AND SYSTEM SOFTWARE OR ITS CAPACITY ARE HEREBY EXPRESSLY DISCLAIMED. 実施するために AvePoint が負担した、事前に承認済みの、あるいは合理的かつ必要な直接経費（旅費・生活費を含む）の全額を、AvePoint に弁済することに合意する。 2.3 本件顧客に対する AvePoint の請求額は、本件顧客が当該請求書を受領した後 30 日以内に支払われるものとする。AvePoint は、自らの合理的裁量の範囲において、各年度の始まりの 45 日程度前に、本件顧客に請求書を発行するものとする。 第 3 条 保証および保証の制限。 期間中、本件顧客は、以下の保証を受ける権利を与えられるものとする。 3.1 AvePoint は、許諾財産が引き渡され、インストールされたそのまま状態で、AvePoint が本件顧客に引き渡した許諾財産のバージョンに関連して、AvePoint が本件顧客に提供したその時点で最新のドキュメンテーションに記載する仕様に合致して機能することを、明示的に保証する。 3.2 AvePoint のドキュメンテーションに記載されている、許諾財産の互換性に関するものを除き、AvePoint は、本件顧客に対し、本件顧客のコンピューター設備またはシステムソフトウェア、あるいはその能力に関して一切の保証を行わない。かかる保証の放棄は、明示または黙示を問わず、本件顧客に対するあらゆる保証の代わりに明示的に行われるものであり、これには商品性、特定目的への適合性についてのあらゆる黙示保証が含まれ、本件顧客のコンピューター設備またはシステムソフトウェア、あるいはその能力に関するすべての保証は、本追録により明示的に否認される。 4. TERM AND TERMINATION 4.1 Term of the Support Addendum. This Support Addendum is effective upon acceptance of the terms of this Support Addendum by Customer and shall remain in force for the duration of the Agreement. 4.2
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WARRANTIES AND LIMITATION OF WARRANTIES. During the Term, Customer shall be entitled to the following warranties: 第 4 条. 保証および保証の制限。 期間中、本件顧客は、以下の保証を受ける権利を与えられるものとする。 4.1 AVEPOINT EXPRESSLY WARRANTS THAT THE LICENSED PROPERTY, AS DELIVERED AND INSTALLED, SHALL PERFORM IN ACCORDANCE WITH THE SPECIFICATIONS CONTAINED IN THE THEN CURRENT DOCUMENTATION SUPPLIED BY AVEPOINT TO CUSTOMER THAT RELATE TO THE VERSION OF THE LICENSED PROPERTY DELIVERED BY AVEPOINT TO CUSTOMER. 4.1 AvePoint は、許諾財産が引き渡され、インストールされたそのまま状態で、AvePoint が本件顧客に引き渡した許諾財産のバージョンに関連して、AvePoint が本件顧客に提供したその時点で最新のドキュメンテーションに記載する仕様に合致して機能することを、明示的に保証する。
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WARRANTIES AND LIMITATION OF WARRANTIES 
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Related to WARRANTIES AND LIMITATION OF WARRANTIES

  • Limitation of Warranties The warranties made by BNYM in this Schedule C, and the obligations of BNYM under this Schedule C, run only to Company and not to its affiliates, its customers or any other persons.

  • Warranties and Liability 6.1 All warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.

  • Warranties Limitation of Liability The Company will use commercially reasonable efforts to provide the Services in a good and workmanlike manner in accordance with the sound and prudent practices of providers of similar services. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, THE COMPANY MAKES NO (AND HEREBY DISCLAIMS AND NEGATES ANY AND ALL) WARRANTIES OR REPRESENTATIONS WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES. IN NO EVENT WILL THE COMPANY OR ANY OF ITS AFFILIATES BE LIABLE TO ANY OF THE PERSONS RECEIVING ANY SERVICES OR TO ANY OTHER PERSON FOR ANY EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES RESULTING FROM ANY ERROR IN THE PERFORMANCE OF SUCH SERVICE, REGARDLESS OF WHETHER THE PERSON PROVIDING SUCH SERVICE, ITS AFFILIATES OR OTHERS MAY BE WHOLLY, CONCURRENTLY, PARTIALLY OR SOLELY NEGLIGENT OR OTHERWISE AT FAULT, EXCEPT TO THE EXTENT SUCH EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARE PAID BY THE PARTY INCURRING SUCH DAMAGES TO A PERSON THAT IS NOT A PARTY TO THIS AGREEMENT. THE PROVISIONS OF THIS SECTION 2.05 WILL SURVIVE TERMINATION OF THIS AGREEMENT.

  • Disclaimer of Warranties Limitation of Liability The limited warranties provided herein are the exclusive warranties given by Hydrow and supersede any prior, contrary or additional representations, whether oral or written. ANY IMPLIED WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE THAT APPLY TO ANY PARTS DESCRIBED ABOVE ARE LIMITED IN DURATION TO THE PERIODS OF EXPRESS WARRANTIES GIVEN ABOVE FOR THOSE SAME PARTS. HYDROW HEREBY DISCLAIMS AND EXCLUDES THOSE WARRANTIES THEREAFTER, EXCEPT TO THE EXTENT PROHIBITED BY LAW. HYDROW ALSO HEREBY DISCLAIMS AND EXCLUDES ALL OTHER OBLIGATIONS OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN ANY PRODUCT, INCLUDING BUT NOT LIMITED TO: (A) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF HYDROW OR ITS SUPPLIERS (WHETHER ACTIVE, PASSIVE OR IMPUTED); AND (B) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF OR DAMAGE TO ANY EQUIPMENT. This disclaimer and release shall apply even if the express warranty set forth above fails of its essential purpose. IN NO EVENT WILL HYDROW, ITS SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS WARRANTY OR THE PURCHASE, USE, REPAIR OR MAINTENANCE OF EQUIPMENT OR PARTS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL DAMAGES, ECONOMIC LOSS, LOSS OF PROPERTY OR PROFITS, LOSS OF ENJOYMENT OR USE, OR OTHER CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY NATURE WHATSOEVER. CREW SHALL NOT BE LIABLE FOR ANY DAMAGE OR INJURY INCURRED DURING, OR AS A RESULT OF, ANY REPAIR OR ATTEMPTED REPAIR OF EQUIPMENT BY ANYONE OTHER THAN A HYDROW AUTHORIZED SERVICE TECHNICIAN. THE FOREGOING LIMITATIONS DO NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. You agree that the above limitations of liability together with the other provisions in this Warranty that limit liability are essential terms of this Warranty and that Hydrow would not be willing to grant you the rights set forth in this Warranty but for your agreement to the above limitations of liability; you are agreeing to these limitations of liability to induce Hydrow to grant you the rights set forth in this Warranty.

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