WARRANTY AND LIMITATION OF REMEDIES. Parts sold by IBM may be new or certified used parts, which carry the same warranty as a new part. Parts are warranted, for three months after delivery, to be free from defects in material and workmanship. IBM's obligation is limited to furnishing, on an exchange basis, replacements for parts that have been promptly reported by the customer as, in the customer's opinion, defective and are so found by IBM upon inspection. The replacement part assumes the warranty service status of the replaced item. THIS WARRANTY IS YOUR EXCLUSIVE WARRANTY AND REPLACES ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS FOR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THESE WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THAT PERIOD. In no event will IBM be liable for any lost profits, lost savings, incidental damages, or other economic consequential damages, even if IBM has been advised of the possibility of such damages, or for any claim against the customer by any other party. Some jurisdictions do not allow limitations of an implied warranty or the exclusion or limitation of consequential damages, so the above limitations or exclusions may not apply to the customer. This warranty gives the customer specific legal rights, and the customer may also have other rights that may vary from jurisdiction to jurisdiction. IBM's entire liability and the customer's exclusive remedy for damages, from any cause whatsoever, regardless of the form of action, whether in contract or tort including negligence, shall be limited to actual damages up to the greater of $25,000 USD or the purchase price contained in IBM's invoice(s) for parts purchased that caused the damages or that are the subject matter of, or are directly related to, the cause of action. This limitation of remedy does not apply to claims for bodily injury (including death) or damage to real property or tangible personal property for which IBM is legally liable.
WARRANTY AND LIMITATION OF REMEDIES. 8.1 Lifecore hereby represents and warrants to Heron as follows:
(a) At the time of shipment to Heron, the Finished Final Drug Product sold to Heron under this Agreement has been Manufactured and stored in compliance with the Finished Final Drug Product Specifications, Lifecore Procedures, in accord with the MQA and Applicable Law.
(b) The Services will be performed consistent with standards then customary in the biopharmaceutical industry, and, in any event, with at least the degree of care that Lifecore uses to perform similar activities for itself.
(c) It is not debarred and has not and will not use, in performing its obligations under this Agreement in any capacity, the services of any person debarred under subsections 306(a) or (b) of the Generic Drug Enforcement Act of 1992.
(d) It has full authority to enter into this Agreement, and there is no provision contained in any other agreements to which it is a party, which prohibits or restricts it from entering into or performing under this Agreement, or which would conflict with its obligations to perform during the Term of the Agreement.
(e) It will at all times, use Commercially Reasonable Efforts to store all Raw Materials, Bulk Drug Product, IDP, FDP and/or Finished Final Drug Product in a secure and safe manner consistent with the manner in which Lifecore stores its own Materials of a similar nature.
(f) The Batch records and written Lifecore Procedures maintained by Lifecore will accurately reflect in all material respects the processes and procedures followed by it in the Manufacturing and Processing the Bulk Drug Product, IDP, FDP and/or Finished Final Drug Product.
(g) It has, or will timely obtain, and will maintain, and comply at all relevant times throughout the Term of this Agreement, with all applicable federal, state, and local permits, licenses, registrations, and other governmental authorizations and approvals as may be required by Applicable Law in order for it to perform its obligations under this Agreement.
(h) Except with respect to the specific Manufacturing aspects requested or provided by Heron, it has all the rights necessary to permit it to perform the services, Manufacturing, and otherwise carry out its obligations hereunder without infringing the intellectual property rights of any third party. THIS LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PA...
WARRANTY AND LIMITATION OF REMEDIES. 16.1. AMS agrees to remedy any defect in the Products resulting from faulty materials or workmanship, as specified below. AMS's obligation set forth herein shall apply only to defects appearing within a period of [**] from the date of delivery of the A-2000 or similar product by the Distributor to the end user or [**] from the date of delivery of the A-2000 or similar product by AMS to the Distributor, whichever occurs first. AMS's obligation set forth herein shall apply only to defects appearing within a period of [**] from the date of manufacture of the Aspect BIS Sensor. AMS agrees to ship only such Aspect BIS Sensors that have a shelf life of at least [**]. MEDICAL PRODUCTS DISTRIBUTION AGREEMENT Confidential Materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. AMS's obligation set forth herein shall apply only to defects appearing within a period of [**] from the date of delivery of the cables by the Distributor to the end user or [**] from the date of delivery of the cables by AMS to the Distributor, whichever occurs first. Any repaired or replaced A-2000 or similar product or Aspect BIS Sensor or part thereof shall be subject to such obligations for the greater of the remainder of the original period specified in this Section 16.1 or [**].
WARRANTY AND LIMITATION OF REMEDIES. 16.1. The Products listed on the attached Exhibits are covered by a 14-month written warranty starting from the date of delivery of the Products to Distributor (the "User Warranty"). Such Products shall be referred to as the "Warranty Products".
WARRANTY AND LIMITATION OF REMEDIES. (a) Seller warrants that Product(s) will be free from defects in material and workmanship and will conform to Seller’s specifications. This warranty begins on delivery and continues for 90 days. If Buyer notifies Seller during the warranty period that a Product does not comply with this warranty, Seller will, at Seller’s sole option, repair or replace the Product at no charge.
(b) Seller and its direct and indirect suppliers/vendors, shall have no other or further liability by reason of the manufacture or sale of any Product sold hereunder or by reason of their use, whether on the basis of breach of warranty, strict liability, negligence or otherwise. In no event shall Seller or its direct or indirect suppliers/vendors be liable for general, special, consequential, or incidental damages relating to bodily injury, property damage, or economic loss (including without limitation damages for loss of use or loss of profits).
WARRANTY AND LIMITATION OF REMEDIES. 5.1 APTI warrants each PRODUCT will be merchantable and will conform to the agreed upon product and packaging specifications for a period of one year from the date the PRODUCT is purchased by a user. Acceptance of delivery and inspection of any PRODUCTS by 3M will not waive any warranties made by APTI. APTI understands that 3M has relied upon al of these warranties in entering into this Agreement.
5.2 As the sole remedy to 3M for breach of the foregoing warranties, APTI agrees to replace, without charge to 3M or its customer, any PRODUCT proved to be defective within the warranty period or to refund 3M's purchase price. The parties will agree upon the remedy which will be provided each time there is a breach. If the parties can't agree, then APTI will refund 3M's purchase price.
5.3 APTI will have the right to evaluate and confirm all alleged defects in the specified PRODUCT. 3M shall return allegedly defective PRODUCT to APTI at the address listed on page 1 at APTI's cost for evaluation by APTI, unless instructed otherwise by APTI. APTI shall promptly evaluate the allegedly defective PRODUCT submitted by 3M and communicated the result of APTI's evaluation to 3 M within fourteen (14) days after receipt.
WARRANTY AND LIMITATION OF REMEDIES. 14.1. MANUFACTURER agrees to remedy any material defect in the Products or Accessories resulting from faulty design, materials or workmanship. MANUFACTURER's obligation set forth herein shall apply (i) to defects appearing and notified to MANUFACTURER within a period of [*] months from the date of invoice of the Product by MANUFACTURER to DISTRIBUTOR and (ii) to defects appearing and notified to MANUFACTURER within a period of [*] months from the date of invoice of the Accessory by MANUFACTURER to DISTRIBUTOR (the "USER WARRANTY"). Defects in a repaired or replaced Product or parts shall be covered to the extent of the unexpired term of the applicable warranty period or no less than [*] months after the repair or replacement, whichever occurs later. The Products, Accessories and repaired or replaced items shall be referred to as the "WARRANTY GOODS".
WARRANTY AND LIMITATION OF REMEDIES. DISCLAIMER.
A. 3M warrants to KNOGO that PRODUCTS are free of defects in material and manufacture at the time of shipment. Individual PRODUCTS may have additional or different warranties as stated on PRODUCT packaging, package inserts, price pages or literature. If any PRODUCT is proven to be defective in material or manufacture during the applicable warranty period, 3M's entire liability and KNOGO's exclusive remedy will be, at 3M's option, 1) repair of ~, PRODUCT, 2) replacement of PRODUCT or 3) refund of the purchase price paid by KNOGO for each defective PRODUCT, within a reasonable time after written notification of the defect and return of the defective PRODUCT to 3M.
B. THE WARRANTY STATED ABOVE IS MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NO LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY ARISING OUT OF A COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE, EXCEPT OF TITLE AND AGAINST PATENT INFRINGEMENT.
C. If KNOGO offers express implied warranties and limited remedies which differ from those stated above, KNOGO agrees to assume full responsibility for all liability, loss, cost, and expense arising out of, or in connection with, the different warranties and/or remedies offered by KNOGO.
WARRANTY AND LIMITATION OF REMEDIES. 14.1 ALL PLP SOLD TO DISTRIBUTOR UNDER THIS AGREEMENT ARE WARRANTED BY THE COMPANY ONLY IN ACCORDANCE WITH THE WARRANTIES EXPRESSLY SET FORTH ON THE PACKAGING OR IN THE LABELING OR INSTRUCTIONS FOR USE OF SUCH PLP. SUCH WARRANTIES MAY BE MODIFIED FROM TIME TO TIME BY THE COMPANY DURING THE TERM OF THIS AGREEMENT. SUCH WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WHICH ARE HEREBY DISCLAIMED AND EXCLUDED BY THE COMPANY. DISTRIBUTOR ACKNOWLEDGES THAT THE COMPANY IS NOT THE MANUFACTURER OF SOME OR ALL OF THE PLP THAT THE COMPANY PROVIDES NO WARRANTIES, EXPRESS OR IMPLIED, BEYOND THE WARRANTIES PROVIDED BY THE MANUFACTURER OF ANY OF THE PLP. THE COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
14.2 The Company shall not be liable for any loss or damage caused by delay in furnishing the PLP or services or any other performance under or pursuant to this Agreement when such delay is due to acts of God, labor disputes or other such causes beyond its control.
WARRANTY AND LIMITATION OF REMEDIES. 16.1. The Products listed on the attached Exhibits are covered by a [**] written warranty starting from the date of delivery of the Products to Distributor (the "User Warranty"). Such Products shall be referred to as the "Warranty Products".
