Warranties & Liability. In consideration of the Products being licensed by Gravic without charge, Recipient agrees that the Products are provided “AS IS”, WITHOUT
Warranties & Liability. 8.1 Subject to the conditions set out below Kingspan warrants that at the time of delivery the Goods will correspond with their specification and/or declaration of performance and will be free from defects in material and workmanship for a period of twelve (12) months from delivery. Kingspan warrants that the Goods comply with EN14509 standard.
8.2 The above warranty is given by Kingspan subject to the following conditions:
8.2.1 Kingspan shall be under no liability in respect of any defect in the Goods arising from any drawing, design or specification supplied by the Buyer or any failure by the Buyer to handle, store or install the Goods correctly or failure to comply with Xxxxxxxx’s applicable guidelines issued from time to time. For the avoidance of doubt, Xxxxxxxx is a supplier of Goods and has no input into the design of any project which the Goods may be incorporated into;
8.2.2 Kingspan shall be under no liability for any defect in the Goods caused by improper unloading of the Goods;
8.2.3 Kingspan shall be under no liability for any defect of built-in Goods which defect should have been noticed by the Buyer upon delivery of the Goods, and consequently Kingspan shall be under no liability for the cost of uninstalling and remanufacturing the Goods and reinstalling the new Goods;
8.2.4 Kingspan shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow Kingspan’s instructions (whether oral or in writing), misuse, alteration or repair of the Goods without Kingspan’s approval;
8.2.5 Kingspan shall be under no liability for colour degradation in any materials or components incorporated in the Goods or used in their manufacture;
8.2.6 Due to the manufacturing technology, surface unevenness and waviness may occur in the case of flat steel (FLAT profiled) panels. Kingspan shall not be liable for these defects and excludes any warranty claims or complaints arising from them;
8.2.7 Kingspan shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the Total Price has not been paid by the due date for payment;
8.2.8 Kingspan shall be under no liability under the above warranty (or any other warranty, condition or guarantee) if the Buyer (i) uses, stores or installs the Goods in a C3 category environment (in case of external uses) or C2 category environment (in case of internal uses) as specified in EN 10169 standard...
Warranties & Liability. 6.1 In accordance with the applicable statutory rules, the supplier fully and unconditionally warrants the goods and services delivered.
6.2 Any payment of the purchase price by WashTec shall not constitute a waiver of its right to give notice of defects and its defence regarding a non- conforming delivery of or defects in the goods.
6.3 In urgent cases, in particular in order to avoid an impending danger or an increase in damage, WashTec may itself remedy any defects or have such defects remedied by a third party. Any costs incurred by WashTec in this connection shall be borne by the supplier.
6.4 In the event samples are used, the features of any such sample will be deemed to have been warranted. The goods delivered shall be in conformity with the sample.
6.5 WashTec shall give notice of any obvious defects as soon as those are discovered in the ordinary course of business; in other cases, WashTec shall give notice of hidden defects within 10 working days following discovery thereof.
6.6 A new warranty period shall begin for goods which have been repaired or replaced on the day of repair or replacement.
6.7 If, as a result of defects in the products of WashTec which can be attributed to goods or services furnished by the supplier, legal action is instituted against WashTec based on violations of official safety regulations or on domestic or foreign product liability regulations or statutes, then the supplier shall indemnify WashTec against any third party claims for compensatory damages. WashTec shall have this right of recourse for a period of 10 years after delivery of the goods. The supplier shall furthermore indemnify WashTec against any and all compensatory damage and warranty claims instituted by customers, insofar as such claims arise from defective goods and services furnished or from the fault of the supplier or one of its vicarious agents; this shall also apply with respect to consequential damages and costs. WashTec’s right of recourse shall not lapse as long as its customers may institute such claims against WashTec. At a minimum, however, the statutory limitations shall be applied. The damages shall also include the costs of any precautionary recalls which WashTec may have instituted after having conducted a proper inspection.
6.8 The supplier agrees to maintain a product liability insurance with adequate coverage. In the event WashTec asserts more extensive damage claims, these shall not be thereby affected.
6.9 The supplier shall maintain ...
Warranties & Liability. 6.1. NO WARRANTIES, INDEMNIFICATION -- THE BIOLOGICAL MATERIAL IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR ANY WARRANTY THAT THE USE OF BIOLOGICAL MATERIAL WILL NOT INFRINGE OR VIOLATE ANY PATENT OR OTHER PROPRIETARY RIGHT OF ANY THIRD PARTY. RECIPIENT acknowledges that the BIOLOGICAL MATERIAL may have unpredictable or unknown biological and/or chemical properties, and that the BIOLOGICAL MATERIAL is to be used with caution. Further, The PROVIDER makes no representation or warranty as to the identity, purity, or activity of the BIOLOGICAL MATERIAL. In no event shall the PROVIDER or its officers or employees be liable for any use by RECIPIENT of the BIOLOGICAL MATERIAL. To the extent permitted by law, RECIPIENT hereby agrees to indemnify, defend and hold harmless the PROVIDER or its respective officers and employees from and against any damages, costs or expenses (including reasonable attorney’s fees) related to any loss, third party claim, injury or liability of whatsoever kind or nature, which may arise from RECIPIENT’s use, handling or storage of the BIOLOGICAL MATERIAL, or from a breach by RECIPIENT of its obligations under this Agreement.
6.2. The RECIPIENT and the RECIPIENT SCIENTIST agree to comply with all applicable laws, rules and regulations relating to the care, welfare, handling, breeding, storage, transfer and disposal of animal(s), including all applicable import/export regulations relating to shipment to and from PROVIDER’s facilities in Strasbourg, France.
Warranties & Liability. Each Party represents and warrants that it has the full power and corporate authority to enter into and perform its obligations under this Agreement. WITH THE SOLE EXCEPTION OF THE FOREGOING REPRESENTATION AND WARRANTY OF A PARTY SET FORTH ABOVE IN THIS SECTION 8, NEITHER PARTY MAKES ANY, AND EACH PARTY DISCLAIMS ALL, REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY DAMAGES RELATED TO THE LICENSED XXXX, THE LICENSEE NAME, THE LICENSED LOGO, THE DOMAIN NAME, THE LICENSEE TICKER SYMBOL, A SUBSIDIARY NAME, OR ANY USE THEREOF, INCLUDING, WITHOUT LIMITATION, ANY INFRINGEMENT OR CLAIM OR ALLEGATION OF INFRINGEMENT.
Warranties & Liability. (a) To the extent permitted by law, the Company does not warrant the following:
(i) any Products which are not manufactured by the Company, and in that case the Customer will only have the benefit of the warranty (if any) of the manufacturer which forms part of the contract between the Company and the manufacturer;
(ii) defects or deterioration to any Product which, in the opinion of the Company, have been caused by careless or improper handling, negligence, misuse, non-adherence to operating, cleaning, care or maintenance instructions; and
(iii) the Company does not have to repair or replace any Product if the Product has been interfered with, modified, disassembled, misused, improperly or inappropriately used, damaged or not maintained in accordance with the manufacturer’s instructions.
(b) The Customer acknowledges and agrees that they have had the opportunity to review the variety of Products offered by the Company together with their specifications and quality and that unless specifically stated otherwise, the Product is fit for use. The Company will not be liable to the Customer in any way for any costs, damage or loss of any kind whatsoever (including, without limitation, liability for direct, indirect, special or consequential loss or damage) incurred or sustained by the Customer or any third party arising from or in connection with the Product and any damage caused.
(c) Where RPeagguela4tioonf 940 of the Australian Consumer Law applies in respect of any warranty for defects, the Customer can, at its cost, contact the Company at 00 Xxxxxxxx Xxxxxx, Xxxxxx Xxx 0000 or on 1800 Reward (739273) and provide the Company with details of the good, a description of the defect, the Customer’s details and proof of purchase. The Company will then process and advise the Customer on its claim in a timely manner. The Company will make, at its own discretion, an election to either replace or repair the Products.
Warranties & Liability. 8.1 Each party represents and warrants to the other party that it has all corporate and legal power and authority to enter into and perform this Agreement.
8.2 To the extent permitted by law, we disclaim any representation or warranty whether express or implied, as to the title, fitness for a particular purpose, merchantability, accuracy, continuing availability, standard or quality of now TV, the Services, all Content, any Service Provisioning Equipment, that now TV, any Content or any Services will be uninterrupted or error free, any obligation to maintain the confidentiality of information (although our current practice is to maintain such confidentiality), the results to be obtained from use of now TV, the Services, any Content, any Service Provisioning Equipment, unless specifically mentioned in this Agreement. The selection, scheduling, substitution and withdrawal of any Content shall remain under our or our licensors’ control.
8.3 In the absence of our negligence or deliberate act, we expressly disclaim any liability for (i) any damage to or loss of data suffered by you or any User arising from your or any User’s use of now TV, any Service Provisioning Equipment, the Services and/or any Content; (ii) any claim based in contract, tort, or otherwise for any loss of revenue (whether direct or indirect), loss of profits or any consequential loss whether of an economic nature or not; (iii) any claim relating to any Service and/or Content supplied, provided, sold or made available by or through now TV (or any failure or delay to so supply, provide, sell or make available); (iv) any disruption or suspension of now TV or any part thereof which is attributable to an event or circumstance beyond our reasonable control; (v) any damage suffered by any third party arising from any installation, de-installation or reconnection of any Service Provisioning Equipment carried out by you or with your knowledge and/or consent; and (vi) any injury, disease, seizure or loss of consciousness suffered by you or any person (a) who accesses now TV; or (b) arising directly or indirectly from using now TV or any of the Services.
8.4 You warrant that you will comply with all laws and regulations affecting your distribution of the Content in Hong Kong and shall be responsible for:
(i) maintaining all relevant approvals, consents and registrations including, but not limited to, any licence or approval required by the relevant telecommunications, broadcasting or other authority fr...
Warranties & Liability. 13.1 The Service shall perform as described in the Documentation as of the Effective Date. Customer will timely notify bioMérieux of any known non-conformance to the specifications outlined in the Documentation. bioMérieux' only obligation under this warranty, and Customer’s sole and exclusive remedy, is for bioMérieux to correct any failure to so perform, or if such correction is not possible in a commercially reasonable timeframe, refund the fees paid for the specific non-conforming service during the periods of non-conformance.
13.2 Customer represents and warrants that Customer has all necessary consents and rights to use and provide the Data to bioMérieux and Customer is not violating any existing agreements or laws and regulations by providing bioMérieux with Data.
13.3 TO THE MAXIMUM EXTENT PERMITTED BY LAW, BIOMÉRIEUX MAKES NO WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO EPISEQ® APPLICATIONS OR SERVICE PROVIDED VIA EPISEQ® PLATFORM, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT ARISING FROM COURSE OF PERFORMANCE, DEALING, USAGE OR TRADE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BIOMÉRIEUX OR ITS EMPLOYEES BE LIABLE TO THE CUSTOMER FOR PERSONAL INJURY, DAMAGES TO PROPERTY, OR ANY INDIRECT, SPECIAL INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, CORRUPTION OR LOSS OF DATA, FAILURE TO TRANSMIT OR RECEIVE ANY DATA, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, GOODWILL, OR REVENUE ARISING OUT OF THE CUSTOMER’S ACCESS TO AND USE OF EPISEQ® APPLICATIONS OR OTHERWISE AS A RESULT OF THIS AGREEMENT.
13.4 Customer understands and agrees that the Service is a channel for information only and in no way a substitute for competent medical advisors’ or related clinicians’ diagnostics. Customer is well aware that the EPISEQ Applications are "Not for Diagnostic Use" and are not intended to guide therapeutic decisions. All medical practice management and patient care decisions made in which the Service may be utilized, and the consequences thereof, will be exclusively the responsibility of the Customer, practitioners and clinicians using the Service. The successful operation of the Service is dependent on Customer’s use of proper procedures and systems for the management of the data being processed and input of correct data, and Customer is solely responsible for the accuracy ...
Warranties & Liability. All information, content, materials, products (including software) and other services included on or otherwise made available to you by HERO are provided on an AS IS and AS AVAILABLE basis, unless otherwise specified in writing. You expressly agree that your use of the App is at your sole risk. HERO does not warrant that this App will be uninterrupted, error free, or constantly available, or available at all or that any information on this App is complete, true, accurate or non-misleading. Further, HERO shall not be held responsible for non-availability of the App during periodic maintenance operations or any unplanned suspension of access to the App that may occur due to technical reasons or for any reason beyond HERO’s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the App is done entirely at his/her own discretion and risk and he/she will be solely responsible for any damage to his/her computer systems or loss of data that results from the download of such material and/or data. We will not be liable to you in any way or in relation to the contents of, or use of, or otherwise in connection with the App. You acknowledge, by your use of this App, that your use of this App is at your sole risk; that you assume full responsibility for all risks associated in connection with your use of this App. Though HERO shall make all endeavor to protect its Apps from any viruses, unauthorized access, modification, deletion, unplanned downtimes, cyberattacks or other illegal use of its App, however we do not warrant that this site; information, content, materials, product (including software) or services included on or otherwise made available to you through the App; its servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on App constitutes or is meant to constitute, advice of any kind. Hero will not be liable for any damages of any kind arising from the use of the App, or from any information, content, materials, products (including software) or from failure of performance, error, omission, inaccuracy, interruption, deletion, defect or delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access, or alteration, included on or otherwise made available to you through the App, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless othe...
Warranties & Liability. 6.1. As the MATERIAL is of an experimental nature, the CNRS shall not provide any and all warranty as regards its condition, activity, usefulness, efficiency, purity, harmlessness, non-toxicity, safety, or as regards its use, market value or suitability in respect of any and all objective.
6.2. The RECIPIENT shall be solely liable for any and all risks or loss which may arise during performance of this Agreement, in particular in the event of injury, death, physical damage, or any and all other incident or loss that may be occasioned by the use, testing or manipulation of the MATERIAL by the RECIPIENT or any person acting under its authority.
6.3. The RECIPIENT undertakes to use the MATERIAL in accordance with all laws and regulations applicable to the MATERIAL. Under no conditions will the MATERIAL be used in human subjects.
