Warranty and Limitations a. FN warrants that the Services will meet the specifications set forth in the SOs and any associated Service Exhibit(s). If the Services fail to meet such specifications, FN will provide support and maintenance to Customer in accordance with each SLA. Each SLA will be effective on the first day of the month following the Service Commencement Date. b. THE CREDIT CALCULATIONS SET FORTH IN THE SLA SHALL BE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF ANY BREACH BY FN OF A WARRANTY CONTAINED HEREIN OR ANY INTERRUPTION OR FAILURE OF THE SERVICES TO MEET THE SPECIFICATIONS. THE TOTAL AMOUNT OF CREDIT THAT WILL BE EXTENDED TO CUSTOMER AS A RESULT OF FN’s FAILURE TO MEET AN SLA SHALL BE LIMITED TO 100% OF ONE
(1) MONTH’S MRCs FOR ANY SINGLE MONTHLY BILLING PERIOD. c. EXCEPT AS SET FORTH IN THIS SECTION 8, FN MAKES NO WARRANTIES REGARDING THE SERVICES, FACILITIES OR EQUIPMENT PROVIDED HEREUNDER, EXPRESS OR IMPLIED, AND ALL OTHER WARRANTIES WITH RESPECT TO ANY SERVICES, FACILITIES OR EQUIPMENT PROVIDED PURSUANT TO THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR NONINFRINGMENT, ARE EXPRESSLY DISCLAIMED.
Warranty and Limitations. Supplier represents and warrants that at the time of Delivery to Recipient or, if drop shipped from a Supplier Manufacturing Facility, to the Recipient’s designated drop ship location, each Product will (a) meet the applicable Specification, and (b) conform to the applicable requirements of the Quality Agreement as well as all applicable Laws. Supplier has no obligation or responsibility for determining whether any Product is fit for a particular purpose or suitable for any Recipient’s use and methods of application. Supplier has no obligation for changes, alterations, or modifications in any Product that result from Recipient’s storage, handling, and use of the Product in the manufacture or assembly of Recipient’s products. For the avoidance of doubt, this warranty and limitations shall control over the Quality Agreement for Products supplied under this Agreement.
Warranty and Limitations. Seller’s products are warranted to be manufactured in accordance with specifications identified, modified where necessary to meet a reasonable interpretation, and to be free in defects of workmanship or materials as specified in the Norweco product literature that accompanied your purchase. Our responsibility under any Norweco warranty is limited as follows:
a. To the repair or replacement for defective or non-conforming products, or to the allowance of a credit for such products, all at our option, strictly in accord with the procedure as stated in Article 5 – Claims.
b. SELLER ACCEPTS NO RESPONSIBILITY FOR THE DESIGN OF THE PROJECT OR INSTALLATION OF THE PRODUCTS DELIVERED. ANY DEFECTS IN PROJECT DESIGN OR INSTALLATION OF PRODUCTS VOIDS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, EXCEPT WARRANTY OF TITLE.
c. Special items manufactured for a particular project are not subject to return for credit. Any approved returns shall be subject to a restocking charge.
d. WE SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LIQUIDATED DAMAGES OR PENALTIES OF ANY KIND YOU MAY INCUR. WE ASSUME NO OBLIGATION FOR EXPENSES OF ANY KIND, WHETHER ARISING FROM DELAYS DURING REPLACEMENT OF PRODUCTS FOR CAUSE OR OTHERWISE.
e. Any action for breach of contract arising from this Agreement shall be commenced by you, if at all, within one (1) year after the cause of action has arisen.
f. THE NORWECO WARRANTY PROVIDED WITH YOUR PURCHASE IS EXCLUSIVE AND IN LIEU OF ALL EXPRESS OR IMPLIED WARRANTIES. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE ABOVE. WE DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OUR SOLE RESPONSIBILITY IS AS STATED, AND THE PURCHASER ACKNOWLEDGES THAT HE/SHE IS PURCHASING THE PRODUCTS SOLELY ON THE BASIS OF THE COMMITMENTS OF THE SELLER EXPRESSLY SET FORTH HEREIN AND IN THE NORWECO PRODUCT LITERATURE AND/OR WARRANTY ACCOMPANYING YOUR PURCHASE.
Warranty and Limitations. ACT WARRANTS THAT THE ASSESSMENTS HAVE BEEN DEVELOPED IN ACCORDANCE WITH AND THE SERVICES WILL BE PERFORMED IN A MANNER CONSISTENT WITH INDUSTRY STANDARDS. EXCEPT AS SET FORTH IN THIS SECTION, ACT EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND OR NATURE, EXPRESS OR IMPLIED AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE.
Warranty and Limitations. The Equipment has been designed specifically for use with Kemin products and (computer) programs. Unless agreed otherwise in writing, Kemin warrants the Equipment for a period of two (2) years from invoice date or commissioning date (where relevant) as follows:
6.1 When installed properly, be used with Kemin products and maintained in accordance with Equipment specifications, the Equipment will be free from defects in material and workmanship, and will substantially conform to the technical specifications provided with the Equipment and will apply Kemin product when used as directed and in accordance with Kemin recommendations and label directions.
6.2 Customer will perform routine maintenance. Only Kemin or Kemin’s representative is entitled to perform other maintenance works and repair of the Equipment. Such maintenance and normal repair costs will not be charged to Customer.
6.3 Customer will exclusively use Kemin products in (relation to) the Equipment during the term of the Agreement. Products are purchased in accordance with the minimum quantities and prices agreed in the Agreement.
6.4 No warranty set forth in this Article will apply to the Equipment that has been
a. Modified, altered or adapted in any way without Kemin’s written consent;
b. Maltreated or used in a manner other than in accordance with Kemin’s directions for use of the Equipment;
c. Repaired by any third party that has not been designated to do so by Kemin;
d. Improperly installed by any party other than Kemin;
e. Used with products or equipment that are not authorized by Kemin or are not covered by this warranty, to the extent that problems are attributable to such use;
f. Relocated without Kemin’s written consent, to the extent that problems are attributable to the relocation;
g. The Kemin serial number tag on the Equipment has been removed or tampered with; or
h. Any attempt to dismantle or subdivide such the Equipment constitutes a modification or alteration of the Equipment which voids the applicable warranty.
i. Transferred or resold to any third party.
6.5 Nothing in this statement of limited warranty affects any statutory rights of consumers or other purchasers that cannot be waived or limited by contract.
Warranty and Limitations. 5.1. LIMITED WARRANTY. TLC warrants that the Software will operate as specified in the most recent version of the instruction materials during the term of this License. If, during that time, Licensee provides TLC a written report of a repeatable and verifiable discrepancy between the operation of the Software and the instruction materials, TLC will make reasonable efforts to modify the Software to operate in accordance with the instructional materials. This limited warranty does not include errors excluded in Section 2.1.g. above.
Warranty and Limitations. 8.1 MERCK warrants that:
(i) Product will, when delivered to XXXXXXX, meet the specifications and standards of Product identity, strength, quality and purity set forth in the NDA, as it may be supplemented from time to time by MERCK, for such Product; and
(ii) When delivered to XXXXXXX, Product will not be adulterated or misbranded within the meaning of the United States Food, Drug and Cosmetic Act (the "Act"), or any other applicable laws in which the definitions of adulteration and misbranding are substantially the same as those contained in the Act, as the Act and such laws are constituted and in effect at the time of delivery of Product to XXXXXXX.
8.2 THE FOREGOING WARRANTIES ARE THE SOLE AND EXCLUSIVE WARRANTIES OFFERED BY MERCK REGARDING PRODUCT PURCHASED HEREUNDER. ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ARE DISCLAIMED.
8.3 If XXXXXXX at any time shall claim that a shipment of Product did not meet the foregoing warranties when delivered to XXXXXXX, XXXXXXX shall notify MERCK and MERCK shall conduct an assay of its retained sample, if any, of such shipment. If MERCK agrees with XXXXXXX'x claim, MERCK, at its option, will either replace such shipment of Product or credit XXXXXXX for payment made for such shipment. If the parties are unable to resolve their differences, then either party may refer the matter to an independent specialized firm of international reputation agreeable to both parties for final analysis, which shall be binding on both parties thereto. The cost of any analysis shall be paid (a) by XXXXXXX, if Product is determined to have met the foregoing warranties or (b) by MERCK, if Product is determined not to have met the foregoing warranties.
8.4 Any claim on account of quantity, weight, loss or damage to Product, or any other matter that should be discernible by visual inspection, must be made by XXXXXXX within thirty (30) days of XXXXXXX'x receipt of shipment of such Product. XXXXXXX'x remedy in this event shall be replacement of Product.
Warranty and Limitations. Products manufactured by CARLWOOD are warranted to be of merchantable quality and to conform to the specifications and tolerances provided in the applicable industry standards, or CARLWOOD’s published standards, or otherwise in this Agreement. Should any Product manufactured by CARLWOOD be found not to meet the foregoing warranty, CARLWOOD will furnish a replacement Product conforming to this warranty, or, at CARLWOOD’s election, make a fair allowance therefor. Written notice of any claim under this warranty must be given by Purchaser to CARLWOOD within 30 days after delivery and Purchaser must afford CARLWOOD a reasonable opportunity to inspect the Products in unaltered condition and evaluate the claim. THERE ARE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, STATUTORY OR OTHERWISE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, WHICH EXTEND BEYOND THE FOREGOING WARRANTY. THE LIABILITY OF CARLWOOD UNDER THE FOREGOING WARRANTY AND OTHERWISE UNDER THIS AGREEMENT SHALL BE LIMITED IN THE MANNER HEREIN PROVIDED, AND SHALL IN NO EVENT EXCEED THE TOTAL PRICE OF THE SHIPMENT INVOLVED. IN NO EVENT SHALL CARLWOOD BE LIABLE FOR CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES.
Warranty and Limitations. (a) Warranty. ACSC warrants in favor of Greate Bay, SUBJECT TO THE REMEDY LIMITATIONS AND WARRANTY LIMITATIONS SET FORTH BELOW, that the Software or SMS
Warranty and Limitations. Company warrants that it is the owner of the Information and all intellectual property related thereto, free and clear of all liens and encumbrances and has full right to enter into this Agreement and perform its obligations hereunder. Company further warrants that the Product, when manufactured and/or developed according to the Information and covenants to keep the Product, and any intellectual property relating thereto free and clear of all liens and encumbrances. COMPANY MAKES NO WARRANTY, REPRESENTATION OR COVENANT, EXPRESSED OR IMPLIED, AS TO ANY OTHER MATTER WHATSOEVER, INCLUDING BUT NOT LIMITED TO, THE MERCHANTABILITY OF THE PRODUCT, THE FITNESS OF THE PRODUCT FOR ANY PARTICULAR PURPOSE, OR LATENT DEFECTS. EXCEPT AS PROVIDED HEREUNDER, THE DISTRIBUTOR ACCORDINGLY AGREES NOT TO ASSERT, AND NOT TO PERMIT ANY AFFILIATE OF THE DISTRIBUTOR TO ASSERT, ANY CLAIM WHATSOEVER AGAINST THE COMPANY OR ANY AFFILIATE OF COMPANY BASED THEREON. IN NO EVENT WILL COMPANY, OR ANY AFFILIATE OF COMPANY BE LIABLE TO THE DISTRIBUTOR, ANY AFFILIATE OF THE DISTRIBUTOR OR ANY PURCHASER OF THE PRODUCTS OFFERED BY THE COMPANY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES OR LOSS, OF ANY CLASSIFICATION, ARISING OUT OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS.
