Warranty and Disclaimers. Seller will provide Purchaser with any applicable warranties provided by the manufacturer of the Products. Seller warrants that all Work manufactured and sold by Seller will not have defective workmanship and materials, if under normal and proper use, for a period of one (1) year from the date of delivery. Seller shall repair or replace, F.O.B. at Seller’s Office or such other place as indicated by Seller, any such Products manufactured and sold by Seller which are defective within the terms of the foregoing warranty. Seller shall have no obligation to repair or replace such Products unless Seller receives such Products at Seller’s Office or such place which Seller agrees to in writing. Seller warrants that Services will be undertaken in accordance with the standards of care and diligence normally practiced by recognized firms in performing services of a similar nature. If, during one year from the completion of Services, it is shown that the foregoing standards have not been met, Seller shall, at its cost, re-perform the Services as may be necessary to remedy the deficiency. SELLER HEREBY DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE. THE FOREGOING OBLIGATION TO REPAIR OR REPLACE SUCH WORK, AND/OR RE-PERFORM THE SERVICES SHALL BE THE SOLE AND EXCLUSIVE REMEDY OF THE PURCHASER OR USERS OF THE WORK, INCLUDING THE OWNER, IRRESPECTIVE OF SELLER’S STRICT LIABILITY, FAULT OR NEGLIGENCE. In the event Seller is requested to provide remedial services at any location other than as set forth in this paragraph, Purchaser shall bear all resulting transportation, lodging, per diem and labor costs incurred by Seller in fulfilling Purchaser’s request. Seller’s limited warranty herein does not apply to (i) sales of equipment, or products, accessories or attachments manufactured by third parties, (ii) work over or repair work by others, (iii) products or parts requiring replacement because of natural wear and tear, erosion, corrosion or due to improper use, operation, installation or maintenance by Purchaser or others, (iv) any used item(s) with all such sale(s) sold by Seller “AS IS/ WHERE IS,” or (v) there is modification of the Work by others.
Warranty and Disclaimers i. Warranty DBM warrants for a period of thirty (30) days from performance (“Warranty Period”) that the Services will be performed in accordance with standards generally followed by other comparable translation services providers. DBM shall use commercially reasonable efforts to re-perform such portion of the Services which do not materially conform with the foregoing warranty at no additional cost to Customer, provided Customer notifies DBM of such non-conformity prior to the expiration of the Warranty Period. DBM does not provide any warranty or assume any responsibility in respect of any third party software or Customer Content. DBM shall not be responsible for correcting deficiencies in any Customer Content even if incorporated into a Deliverable.
ii. WARRANTY DISCLAIMER WITH THE EXCEPTION OF ANY EXPRESS WARRANTIES CONTAINED IN THIS SECTION DBM EXPRESSLY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS, WARRANTIES, OR CONDITIONS WITH RESPECT TO THE SERVICES, DELIVERABLES OR OTHERWISE ARISING FROM THE AGREEMENT, WHETHER EXPRESS OR IMPLIED, PAST OR PRESENT, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OF QUALITY, PRODUCTIVENESS OR ACCURACY, EVEN IF DBM HAS BEEN ADVISED OF SAME BY CUSTOMER. DBM DOES NOT REPRESENT OR WARRANT THAT ANY DELIVERABLES OR OTHER WORK PRODUCT WILL BE DEVELOPED TO COMPLY WITH ALL APPLICABLE LOCAL LAWS OR WILL BE COMPLETELY FREE OF ERRORS. THE EXPRESS TERMS OF THE AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, TERMS, UNDERTAKINGS AND OBLIGATIONS IMPLIED BY STATUTE, COMMON LAW, TRADE, CUSTOM, USAGE, COURSE OF DEALING OR OTHERWISE, ALL OF WHICH ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. THE AGREEMENT IS FOR THE PROVISION OF SERVICES AND NOT FOR GOODS. THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY TO ANY DELIVERABLES PRODUCED OR OTHER GOODS DELIVERED PURSUANT TO THE AGREEMENT.
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).
Warranty and Disclaimers. We warrant that we will perform services in a professional and workmanlike manner and will provide you with substantially the same level of service we provide to similar users of the same Software and Type (Membership or Fundraising) as indicated on the Order Form or Signature Page of this Agreement. We are not liable for: (a) problems beyond our reasonable control; (b) delays or unavailability of the Internet or any sites on it; (c) the applications you choose to run (or have us run for you) unless we wrote them; (d) the mistakes of others including any ISP, equipment manufacturers, consultants or Authorized iMIS Solution Providers (who are not our subcontractors); (e) changes you have made or paid others to make, including data that you have entered or changes to style sheets; or (f) websites, links or front ends that you have added. If you are a CloudPlus client (as indicated on the Signature Page or Order Form) your failure to apply any iMIS Software “service packs”, updates, bug fixes, or version upgrades to your hosted iMIS environment will void any warranty and ASI will have no liability with respect to such failure. Unless Implementation-Foundation/Standard is checked on the Order Form or Signature Page of this Agreement, this Agreement does not make ASI responsible for, or give any warranties about, the implementation of the Software. If you work with a Solution Provider or a consultant to implement the Software, ASI is not responsible for the capabilities of or the work performed by such Solution Provider or consultant, or for any schedules or delays. We are only liable for direct damages and not for incidental, consequential or other indirect damages such as lost profits, even if we know that they may occur. To the maximum extent permitted by applicable law, THERE ARE NO IMPLIED WARRANTIES, SUCH AS THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ASI DISCLAIMS ALL WARRANTIES AND LIABILITY WITH RESPECT TO THIRD PARTY PRODUCTS. If any condition or warranty is implied with this Agreement by legislation or by common law, and may not be excluded or modified, then our liability for any breach of that condition or warranty is limited, at our option, to: (i) supplying of the Services again; or (ii) paying the cost of having the Services supplied again. Those are your sole and exclusive remedies for breach of any implied warranties that may not be excluded or modified. No one is authorized to make any promises to you or give you any...
Warranty and Disclaimers. If applicable, Licensee represents that it has the authority to act on behalf of the Participating Institutions in entering into this Agreement. AIPP represents and warrants that it is authorized to grant Licensee, the Participating Institutions (if applicable), and its/their Authorized Users the rights granted herein. Except as set forth in the preceding sentence, the Platform and the Licensed Content are provided on an “as-is” and “as-available” basis. AIPP makes no warranty or representation of any kind with respect to the Licensed Content or the Platform, express or implied, including its quality, originality, availability, accessibility, accuracy, performance, non-infringement, merchantability or fitness for a particular purpose, or that access to the Platform and the Licensed Content will achieve a particular result, or such access will be uninterrupted or error-free.
Warranty and Disclaimers. Zorachka has a Limited Warranty on the Products, which is incorporated into these Sales Terms as an Incorporated Policy. Please read it carefully. AS FAR AS PERMITTED BY APPLICABLE LAW, UNLESS OTHERWISE NOTED IN THE LIMITED WARRANTY, THE PRODUCTS AND RELATED SERVICES ARE PROVIDED ON AN “AS-IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU USE ANY PRODUCTS AND RELATED SERVICES AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND XXXXXXXX DISCLAIMS) ANY AND ALL LOSS, LIABILITY OR DAMAGES RESULTING FROM YOUR USE OF A PRODUCT AND/OR RELATED SERVICE, INCLUDING DAMAGE OR LOSS TO YOUR HOME, PRODUCT, OTHER PERIPHERALS CONNECTED TO THE PRODUCT, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME. With respect to Zorachka Products, you may choose whether to make a claim under these Sales Terms or the Limited Warranty or both, but you may not recover twice in respect of the same loss. Some jurisdictions do not allow the exclusion of implied warranties, such as exclusions relating to products or services that are faulty or not as described, or the exclusion or limitation of incidental or consequential damages or other rights. For a full description of your legal rights you should refer to the laws applicable in your jurisdiction. Nothing in these Sales Terms will affect those other legal rights.
Warranty and Disclaimers. Begell House, Inc. warrants that it has the power to enter into this Li- cense and the right and authority to grant the rights conferred herein to the Subscriber. THE BEGELL DIGITAL LIBRARY ONLINE SERVICE, THE ONLINE JOURNALS, AND ALL MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS. ACCESS TO THE BEGELL DIGITAL LIBRARY ONLINE SERVICE AND THE ONLINE JOURNALS MAY BE INTERRUPTED AND MAY NOT BE ERROR FREE. THE USE OF THE BEGELL DIGITAL LIBRARY ONLINE SERVICE, THE ONLINE JOURNALS, AND ALL MATERI- ALS CONTAINED THEREIN IS AT THE USER’S OWN RISK. Except as provided above, BEGELL HOUSE, INC. MAKES NO WARRAN- TIES WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUD- ING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, AVAILA- BILITY, PERFORMANCE, OR ACCURACY; AND BEGELL HOUSE, INC. EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, NONIN- FRINGEMENT, AND/OR FITNESS FOR A PARTICULAR PURPOSE.
Warranty and Disclaimers. Customer warrants that it has the right to provide any Data which it submits to viaLink pursuant to this Agreement and that all such Data shall be accurate. Subject to Customer's satisfaction of the requirements of this Agreement, viaLink will make the Services available during this Agreement. THE FOREGOING WARRANTY IS EXCLUSIVE. VIALINK DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Further, viaLink does not warrant (i) that the availability of the Services will be uninterrupted or without delays, (ii) that the Services or Data provided thereby will be error free, (iii) that Data provided by others via the Services will be accurate, (iv) against any Data discrepancies attributable to Customer's failure to access the then current Data in a timely manner or to Customer's errors in handling or using such Data or (v) that others who have provided Data via the Services have the rights to make such Data or any portion thereof available to Customer. Notwithstanding anything to the contrary in this Agreement, viaLink expressly disclaims and makes no warranty or representation regarding the capability or function of any third party product or service used by Customer or at Customer's direction to connect or exchange information with the Services, and viaLink shall not have any liability whatsoever regarding the same. Any alleged breach of warranty by viaLink must be reported by Customer to viaLink in writing or by e-mail within forty-eight (48) hours of performance of the Services.
Warranty and Disclaimers. A. We warrant that the Professional Services will be performed in a professional and workmanlike manner, in accordance with generally accepted industry standards.
B. You must report any deficiencies in the Professional Services to Us in writing within ninety (90) days of performance of such services in order to receive warranty remedies.
C. This warranty is exclusive and in lieu of all other warranties, whether express or implied, including any implied warranties of merchantability or fitness for a particular purpose.
Warranty and Disclaimers a. Nutraid shall make reasonable efforts to upkeep and maintain a level of service that is consistent with prevailing industry standards subject to minor errors and interruptions. Services may from time to time be interrupted by the need for program maintenance, updates and improvements or due to circumstances beyond the control of Nutraid. Nutraid shall make reasonable efforts to notify Customers in advance of such actions.
b. Nutraid draws nutrition information from various reliable data sources including the database provided by UK Food Standards Agencies, approved industry standard database namely XxXxxxx and Xxxxxxxxx and the United States Department of Agriculture (USDA), in addition to Nutraid’s additional entries. Nutraid also draws data from other worldwide data sources and from specialist products produced by third parties. Nutraid accepts no responsibility for the accuracy of any data in its database. . Nutraid takes data from an ingredient created by the Customer at ‘face value’ and will include the data into the calculation of recipes of the Customer.
c. The Customers must use their own skills when using the software and checking its accuracy, Nutraid accepts no liability for the results derived from the Customer’s entries onto the service.
d. No warranty is given by Nutraid to the Customer that the Services or any component thereof is free of error or that the Services meet any of Customer's specific requirements.
e. Nutraid does not hold itself out as an expert in any particular circumstance. Advice provided by Nutraid may not be current and may not be relied upon. The Customer is expressly advised to obtain appropriate expert advice relevant to the Customer’s particular circumstances
f. Nutraid makes no warranty that the results generated by the Services will be free from error. Before relying on the results generated by the Services in any circumstance, the Customers should evaluate for themselves the accuracy, completeness and relevance of the results for its purposes.
g. The Customer agrees by signing these terms and conditions that they understand that food composition data is derived from an average of nutrient values from samples. The nutrient composition of foods and ingredients can vary substantially over different batches and Nutraid cannot give any warranty and give no warranty in respect of the accuracy of the information provided and that there are numerous factors including difference in brands and products, seasonal changes, p...
