Warranties; Remedies. (a) In addition to any other express and implied warranties provided by law or otherwise, Seller warrants that each Product (whether goods or services) shall: (i) be original (in the case of works of authorship) or new and conform to this Purchase Order in all respects;
Warranties; Remedies. Synergex warrants that the Products, when properly installed and used in accordance with Synergex’s instructions, will conform in all material respects to the applicable Documentation, provided, that Licensee is not otherwise in breach of this Agreement. HOWEVER, SYNERGEX DOES NOT WARRANT THAT THE PRODUCTS, OR USE OF THE PRODUCTS, WILL BE ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PRODUCTS. THE PRODUCTS ARE PROVIDED “AS IS” AND SYNERGEX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. SYNERGEX’S ENTIRE RESPONSIBILITY SHALL BE, AT SYNERGEX’S OPTION, EITHER (A) TO MAKE AVAILABLE TO LICENSEE ALL PUBLISHED PATCHES, UPDATES, AND UPGRADES MADE BY SYNERGEX TO THE PRODUCTS DURING THE TERM OF THIS AGREEMENT; OR (B) TO USE REASONABLE EFFORTS TO RESPOND TO WRITTEN NOTIFICATION OF ERRORS RECEIVED FROM LICENSEE OR SUPPLIER. IF SYNERGEX IS UNABLE TO MAKE THE PRODUCTS OPERATE AS WARRANTED, LICENSEE SHALL BE ENTITLED TO TERMINATE THIS AGREEMENT.
Warranties; Remedies. Synergex warrants that the Products, when properly installed and used in accordance with Synergex’s instructions, will conform in all material respects to the applicable Documentation, provided, that Company is not otherwise in breach of this Agreement. HOWEVER, SYNERGEX DOES NOT WARRANT THAT THE PRODUCTS, OR USE OF THE PRODUCTS, WILL BE ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PRODUCTS. THE PRODUCTS ARE PROVIDED “AS IS” AND SYNERGEX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. SYNERGEX’S ENTIRE RESPONSIBILITY SHALL BE, AT SYNERGEX’S OPTION, EITHER (a) to make available to Company all published patches, updates, and upgrades made by Synergex to the Products during the TERM OF THIS AGREEMENT; OR (b) to use reasonable efforts to respond to written notification of Errors received from Company. if Synergex is unable to make the Products operate as warranted, Company shall be entitled to terminate this Agreement.
Warranties; Remedies. (a) In addition to any other express and implied warranties provided by law or otherwise, Seller warrants that each Product (whether goods or services) shall: (i) be new and conform to this Purchase Order in all respects; (ii)conform to all specifications, drawings, samples and other descriptions furnished by Buyer; (iii) be merchantable and fit for the purpose for which intended; and (iv) be free from all defects in design, workmanship and materials and be of highest quality and workmanship. Seller also expressly warrants that title to all of the Products shall be vested in Buyer free and clear of any and all liens and encumbrances of whatsoever nature and kind. All warranties of Seller, express and implied, and remedies of Buyer, in this Section or elsewhere, shall survive indefinitely any delivery, inspection, tests, acceptance and payment.
Warranties; Remedies. 8.1 In addition to all implied and express warranties available under the Uniform Commercial Code (“UCC”) and/or these Terms, Seller warrants that:
Warranties; Remedies. Boomi warrants that, during the term of an Order, the applicable Boomi Services will (i) substantially conform to the applicable Documentation (the “Operational Warranty”); and (ii) be available twenty-four hours a day, seven days a week except for scheduled maintenance, the installation of updates, and factors beyond the reasonable control of Boomi (the “Availability Warranty”). Customer’s sole and exclusive remedy and Boomi’s sole obligation for any breach of the Operational Warranty or Availability Warranty will be for Boomi to provide a fix or reasonably accepted workaround for the Boomi Services and for Boomi to provide Service Level Credits as defined at xxx.xxxxx.xxx/xxx.
Warranties; Remedies. 9.1 Where the Company is not the manufacturer of the Goods, the Company shall endeavour to transfer to the Buyer the benefit of any warranty or guarantee given to the Company.
Warranties; Remedies. 7.1 In addition to all implied and express warranties available under the Uniform Commercial Code ("UCC") and/or these Terms, Seller warrants that: (a) all Goods and Services will be free from any encumbrance and conform to all Requirements and the applicable Order; (b) all Goods will be without any defect in design (except to the extent designed by Aearo), manufacture, processing, materials and workmanship; (c) all Goods will be made or processed, and all Services will be performed, in compliance with all laws applicable to Seller and its business and with sound environmental, health and safety practices consistent with 3M Company’s Supply Chain Policies (which Aearo has adopted) regarding EHS, Transportation, Labor/Human Resources and Supplied Materials available at xxx.0X.xxx/xxxxxxxxxxxxxxxxxxx. Seller also warrants that: (x) Seller has the expertise, and resources to perform its obligations under any Order (including these Terms); (y) no Good or Service infringes on any third party's intellectual property rights; and (z) Seller has no third party obligations that conflict in any way with Seller's obligations under these Terms.
Warranties; Remedies. CITGO warrants that, at the time of delivery, the Product will meet the specifications provided by CITGO, the packaging of the Product, and/or the Product Information Sheets. CITGO’s liability and BUYER’s sole remedies, in the event of a breach of the foregoing warranty, shall be limited to replacement of the non-conforming Product and payment of the costs directly associated with the removal of the Product. CITGO MAKES NO OTHER WARRANTIES WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, WHICH EXTEND BEYOND THOSE DESCRIBED IN THIS SECTION. CITGO EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Warranties; Remedies. 12.1 The Supplier warrants that if any of the Contractual Documentation is defective in that the Supplier has failed to conform to the requirements of the Agreement Form or the work is not in accordance with Industry Standards the Supplier will re-perform such work immediately upon request and at no cost to the Customer provided that it is brought to the Supplier’s attention within 12 months of completion of the Services. Such re-performance of the Services shall constitute fulfilment of the Supplier’s entire obligations and liability to the Customer with respect to such defects in the Contractual Documentation.
