Warranty and Disclaimer of Other Warranties Sample Clauses

Warranty and Disclaimer of Other Warranties. SELLER WARRANTS TO BUYER THAT PRODUCTS OF ITS OWN MANUFACTURE MEET ITS SPECIFICATIONS UPON DELIVERY AND THAT SUCH PRODUCTS ARE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP UNDER THE INTENDED USE AND SERVICE FOR A PERIOD ENDING ON THE EXPIRATION DATE SET FORTH ON THE LABELING OF THE SUBJECT GOODS. WITH RESPECT TO QUANTITIES, DIMENSIONS, AND WEIGHTS, THE PRODUCTS ARE NOT DEFECTIVE IF THE PRODUCTS ARE WITHIN THE 10% TOLERANCE ACCEPTED IN THE INDUSTRY, UNLESS APPLICABLE LAW MANDATES A LESSER PERCENTAGE TOLERANCE, INCLUDING ZERO. THIS WARRANTY DOES NOT APPLY TO DEFECTS CAUSED BY SHIPPING DAMAGES, DEFECTS CAUSED BY THE UNINTENDED USE OF THE PRODUCTS, OR DEFECTS CAUSED BY NEGLECT, ACCIDENT OR ORDINARY WEAR AND TEAR. THIS WARRANTY DOES NOT EXTEND BEYOND THE ORIGINAL WARRANTY PERIOD NOTWITHSTANDING THAT THE PRODUCTS MAY HAVE TO BE REPAIRED OR REPLACED BY SELLER ON ONE OR MORE OCCASIONS DURING THIS PERIOD. IN ORDER TO INVOKE ITS REMEDIAL RIGHTS UNDER THIS WARRANTY WITH RESPECT TO PRODUCTS WITH NON-LATENT DEFECTS, THE BUYER MUST FOLLOW THE PROCEDURES SET FORTH IN SECTION 7.3. IN ORDER TO INVOKE ITS REMEDIAL RIGHTS UNDER THIS WARRANTY WITH RESPECT TO PRODUCTS WITH LATENT DEFECTS, THE BUYER MUST FOLLOW THE PROCEDURES SET FORTH IN SECTION 7.4. FAILURE TO PROVIDE TIMELY, WRITTEN NOTIFICATION OF DEFECTS CONSTITUTES A WAIVER OF ANY CLAIM WITH RESPECT TO SUCH PRODUCTS. EXCEPT WITH RESPECT TO LATENT DEFECTS, PRODUCTS ARE DEEMED TO SATISFY THE TERMS OF THE WARRANTY AND TO BE FREE FROM DEFECTS AS SOON THE PRODUCTS ARE USED OR PLACED IN STORAGE. THE PURCHASER’S EXCLUSIVE REMEDY UNDER THIS WARRANTY SHALL BE LIMITED TO THE REPAIR OR REPLACEMENT OF DEFECTIVE PRODUCTS UNLESS SELLER, IN ITS SOLE DISCRETION, AND UPON SUCH TERMS AS SELLER MAY REASONABLY ESTABLISH, INSTEAD ELECTS TO REFUND THE INVOICE VALUE OF THE PRODUCTS. WHETHER THE REMEDY IS REPAIR, REPLACEMENT OR REFUND, BUYER IS RESPONSIBLE FOR ALL COSTS INCURRED IN SHIPPING DEFECTIVE PRODUCTS TO SELLER. IN NO EVENT SHALL ANY LIABILITY OF SELLER EXCEED THE PURCHASE PRICE OF THE PRODUCTS, AND SELLER SHALL NOT BE LIABLE TO BUYER, ITS AFFILIATES OR A THIRD PARTY FOR INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SALE OR USE OF THE PRODUCTS. WITH RESPECT TO CREDIT SALES, A BUYER’S OBLIGATION TO MAKE CREDIT PAYMENTS IS NOT TOLLED, SUSPENDED OR OTHERWISE EFFECTED IN THE EVENT THAT THIS WARRANTY IS BREACHED. SELLER SHALL NOT BE LIABLE TO BUYER, ITS AFFILIATES OR A THIRD PARTY FOR ANY DAMAGES ARISING OUT OF TH...
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Warranty and Disclaimer of Other Warranties. SUBJECT TO SECTION 4 ABOVE, LICENSEE’S USE OF 2020’S SOFTWARE AND/OR SERVICES IS SOLELY AT ITS OWN RISK. ACCORDINGLY, ALL OF SUCH SOFTWARE AND SERVICES ARE PROVIDED ON AN "AS IS”, "AS AVAILABLE" AND “AT YOUR OWN RISK” BASIS, EXCEPT THAT 2020 WARRANTS TO LICENSEE THAT AT THE TIME OF SHIPMENT THE SOFTWARE WILL PERFORM IN ALL MATERIAL RESPECTS WITH ITS DOCUMENTATION. SUBJECT TO SECTION 4 ABOVE, 2020 EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 2020 DOES NOT MAKE ANY WARRANTY THAT THE SOFTWARE AND/OR SERVICES SOLD HEREUNDER WILL MEET ANY REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, NOR DO 2020 MAKES ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE AND/OR SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH SAID SOFTWARE AND/OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY LICENSEE FROM 2020 OR THROUGH THE SOFTWARE AND/OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
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Warranty and Disclaimer of Other Warranties. The terms for the offer types listed below and attached to these General Terms (“Order Specific Terms” or “OSTs”) apply to the Order for the relevant Products and Services included in the Order: o Products and Subscription Licenses o Professional Services o Support & Managed Services o Cloud Services
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Warranty and Disclaimer of Other Warranties 
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Related to Warranty and Disclaimer of Other Warranties

  • Warranties and Disclaimers SOG WARRANTS THAT IT OWNS OR CONTROLS THE OWNERSHIP RIGHTS IN THE DATA GRANTED IN THIS LICENSE AGREEMENT AND HAS FULL AUTHORITY AND POWER TO GRANT TO THE COMPANIES THE DATA USE RIGHTS, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS ASSOCIATED WITH THE DATA. THE DATA DELIVERED HEREUNDER WILL BE, TO SOG’S KNOWLEDGE, INFORMATION, AND BELIEF, ACQUIRED AND PROCESSED IN ACCORDANCE WITH ACCEPTED PRACTICES OF THE GEOPHYSICAL PROFESSION. HOWEVER, EACH COMPANY ACKNOWLEDGES IT IS ACCEPTING ALL DATA SUBJECT TO THIS LICENSE AGREEMENT “AS IS” AND SOG MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE ACCURACY OR USEFULNESS OF SUCH DATA AND ANY IMPLIED WARRANTIES OR REPRESENTATIONS ARE HEREBY EXPRESSLY DISCLAIMED. SUCH DATA IS DELIVERED HEREUNDER WITH THE UNDERSTANDING AND AGREEMENT OF EACH COMPANY THAT ANY ACTION TAKEN OR EXPENDITURE MADE BY SUCH COMPANY OR ANY PERSON OR ENTITY PERMITTED ACCESS TO THE DATA IN ACCORDANCE WITH THIS LICENSE WILL BE AT SUCH PARTY’S SOLE RISK AND NEITHER COMPANY NOR ANY OTHER SUCH PARTY WILL HAVE ANY CLAIM AGAINST AND EACH HEREBY RELEASES SOG FROM ANY LIABILITY AS A CONSEQUENCE THEREOF, EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN OR IN THE SERVICES AGREEMENT. SOG MAKES NO REPRESENTATION THAT OIL AND GAS OR OTHER MINERAL LEASES WILL BE GRANTED OR OTHER EXPLORATION ACTIVITY WILL BE AUTHORIZED FOR AREAS COVERED BY THE DATA BY ANY INDIVIDUAL, CORPORATION, GOVERNMENT ENTITY OR OTHER THIRD PARTY AND ANY IMPLIED WARRANTY OR REPRESENTATION TO THAT EFFECT IS HEREBY EXPRESSLY DISCLAIMED. EXCEPT AS MAY BE EXPRESSLY PROVIDED FOR IN THE SERVICES AGREEMENT, SOG SHALL NOT BE LIABLE TO A COMPANY OR ANY OTHER PARTY FOR PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF SUCH COMPANY’S OR ANY OTHER PARTY’S POSSESSION, CONTROL OR USE OF THE DATA, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT OR BUSINESS INTERRUPTION, HOWEVER SAME MAY BE CAUSED. Geophysical Seismic Date Use License

  • Warranties and Disclaimer Upon mutual execution of the Agreement and this T&C Addendum, Seller may deliver to Buyer certain reports, summaries or disclosures prepared by or for Seller in connection with Seller’s acquisition of the Property. Seller makes no representation or warranty as to the accuracy or completeness of any information contained in those reports, summaries or disclosures, and as such, Buyer’s reliance upon that information shall not create or give rise to any liability against Seller. In connection with any construction or renovation work to the Property, Seller warrants only that payment in full will be made for all labor, services and materials furnished in the ordinary course of business. Except for those express representations and warranties set forth in the Agreement, Seller makes no other representation or warranty of any kind with regard to the physical condition, zoning or suitability of the Property, or any component thereof. Buyer will have the opportunity to fully inspect the Property during the Due Diligence Period, and Buyer will rely solely on such inspections to determine the condition, zoning and suitability of the Property. Buyer will acquire the Property (including appliances) in “AS IS” and “WITH ALL FAULTS” condition. Without limiting the generality of the foregoing, Buyer releases Seller and Seller’s agents, successors and assigns, subsidiaries and parent companies, employees, brokers and contractors from, and waives any and all claims, liabilities, losses, costs or expenses (including attorney’s fees), whether known or unknown, which Buyer may have, arising from or relating to any conditions, including but not limited to environmental and physical conditions, affecting the Property. The foregoing release includes specifically, but is not limited to, a release of any claim for indemnification or contribution under the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. 9601 et seq.) or any other federal, state or local statute, rules or ordinance relating to liability of property owners for environmental matters, whether arising based on events that occurred before, during or after Seller’s period of ownership of the Property. Buyer acknowledges that the foregoing release was specifically negotiated between Seller and Buyer.

  • Disclaimer of Other Warranties EXCEPT AS OTHERWISE EXPRESSLY ------------------------------ PROVIDED HEREIN, THE SALE OF THE EQUIPMENT IS HEREBY MADE ON AN "AS-IS WHERE-IS" BASIS. SELLER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO (i) THE EQUIPMENT, INCLUDING, WITHOUT LIMITATION OF THE FOREGOING, ITS SELECTION, QUALITY, DESIGN, CAPACITY, CONDITION, MERCHANTABILITY OR ITS FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE AND FREEDOM FROM CLAIMS OF COPYRIGHT OR PATENT INFRINGEMENT OR ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT OR NEGLIGENCE, (ii) THE FREEDOM OF THE EQUIPMENT (OR ANY PART OR PORTION THEREOF) FROM ANY LATENT OR OTHER DEFECT (WHETHER OR NOT DISCOVERABLE), (iii)THE COMPLIANCE OF ANY OF THE EQUIPMENT (OR ANY PART OR PORTION THEREOF) WITH ANY APPLICABLE LAWS OR REGULATIONS, (iv) THE CREDITWORTHINESS OF EACH LESSEE OR ANY OTHER PERSON UNDER THE LEASES AND THE TRANSACTION DOCUMENTS, (v) THE COLLECTIBILITY OF ANY AMOUNT UNDER THE LEASES AND ANY OF THE TRANSACTION DOCUMENTS, (vi) THE TAX CHARACTERIZATION OF THE LEASES, OR (vii) THE DUE AUTHORIZATION, EXECUTION AND DELIVERY BY, OR THE ENFORCEABILITY AGAINST, ANY PERSON WHO IS OR HAS BEEN A PARTY TO THE LEASES AND ANY OF THE TRANSACTION DOCUMENTS (WITH THE EXCEPTION OF THE SELLER) AND SELLER HEREBY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES.

  • Representations Warranties and Disclaimers I represent and warrant that I am legally entitled to grant the rights and promises set forth in this Agreement. IN ALL OTHER RESPECTS THE SPECIFICATION IS PROVIDED "AS IS." The entire risk as to implementing or otherwise using the Specification is assumed by the implementer and user. Except as stated herein, I expressly disclaim any warranties (express, implied, or otherwise), including implied warranties of merchantability, non-infringement, fitness for a particular purpose, or title, related to the Specification. IN NO EVENT WILL ANY PARTY BE LIABLE TO ANY OTHER PARTY FOR LOST PROFITS OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER FROM ANY CAUSES OF ACTION OF ANY KIND WITH RESPECT TO THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND WHETHER OR NOT THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. All of my obligations under Section 3 regarding the transfer, successors in interest, or assignment of Granted Claims will be satisfied if I notify the transferee or assignee of any patent that I know contains Granted Claims of the obligations under Section 3. Nothing in this Agreement requires me to undertake a patent search.

  • Limited Warranty and Disclaimer 5.1 ORACLE LICENSES THE TCK ON AN "AS IS" BASIS. ALL REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT ARE HEREBY DISCLAIMED.

  • Warranty and Disclaimers COMPANY warrants that: (i) it has all necessary rights and authority to enter into and perform this Agreement; and (ii) the Content will be free from defects in material and workmanship for 30 days from delivery (Licensee's sole and exclusive remedy for a breach of this warranty being the replacement of the Content). General Disclaimers and Limitation of Liability COMPANY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE CONTENT, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY SHALL NOT BE LIABLE TO LICENSEE OR ANY OTHER PERSON OR ENTITY FOR ANY GENERAL, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR LOST PROFITS OR ANY OTHER DAMAGES, COSTS OR LOSSES ARISING OUT OF LICENSEE'S USE OF THE CONTENT OR OTHERWISE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, COSTS OR LOSSES. COMPANY’S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH LICENSEE'S USE OF OR INABILITY TO USE THE CONTENT (WHETHER IN CONTRACT, TORT OR OTHERWISE) SHALL, TO THE EXTENT PERMITTED BY LAW, BE LIMITED TO THE VALUE OF THE LICENSE PAID BY THE LICENSEE FOR THE CONTENT. THE REPRESENTATIONS AND WARRANTIES MADE BY COMPANY IN THIS AGREEMENT APPLY ONLY TO THE CONTENT AS DELIVERED BY COMPANY AND WILL BE INVALID IF THE CONTENT IS USED BY LICENSEE IN ANY MANNER NOT SPECIFICALLY AUTHORIZED IN THIS AGREEMENT OR IF LICENSEE IS OTHERWISE IN BREACH OF THIS AGREEMENT. YOU MAY HAVE ADDITIONAL RIGHTS UNDER SOME STATE LAWS.

  • Disclaimer of Implied Warranties The warranty set forth herein is in lieu of, and ‘Reseller’ expressly disclaims all other product warranties of any kind whatsoever whether express, implied, statutory, arising by course of dealing or performance, custom, usage in the trade or otherwise, any warranty of merchantability, or fitness for a particular purpose, and in any event no such implied warranty has applicability beyond the time period covered by this warranty.

  • Warranty and Disclaimer Company shall use reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner which minimizes errors and interruptions in the Services and shall perform the Implementation Services in a professional and workmanlike manner. Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Company or by third-party providers, or because of other causes beyond Company’s reasonable control, but Company shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

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