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 a. FN DIRECT FL 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 DIRECT FL 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 DIRECT FL 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 DIRECT FL’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 DIRECT FL 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 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
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 Software. Unless agreed otherwise in writing, Kemin warrants the Equipment for a period of two (2) years from invoice date or commissioning date (where relevant) under the following limited conditions:
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. Products manufactured by ITP are warranted to be of merchantable quality and to conform to the specifications and tolerances provided in the applicable industry standards, or ITP’s published standards, or otherwise in this Agreement. Should any Product manufactured by ITP be found not to meet the foregoing warranty, ITP will furnish a replacement Product conforming to this warranty, or, at ITP’s election, make a fair allowance therefor. Written notice of any claim under this warranty must be given by Purchaser to ITP within 30 days after delivery and Purchaser must afford ITP 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 ITP 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 ITP 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.
Warranty and Limitations. Except as otherwise set forth herein, Seller’s warranty is specifically limited to successful completion of installation and operation of Laserfiche software program with respect to scanning and capturing documents of Buyer as provided in Exhibit “B”, and that, except as may be available through CompuLink Management Center, Inc., Seller gives no other warranties, express or implied. In the event the software is unable to perform as warranted by Seller within 30 days of completion of installation, Buyer shall be entitled to a full refund of the purchase price. It is specifically acknowledged and agreed that Seller’s warranty is limited and shall not apply to performance by the Seller under this agreement of specifications other than those specifically warranted above, such exclusions to include, but are not limited to: 1) the integration of the system to be installed by Seller with existing software of Buyer; and 2) the importation of documents into the system, due to the fact Seller currently has insufficient knowledge of the documentation. In addition, said warranties shall not apply: a) To the extent of any problems encountered with the integration of external databases with the software installation; b) To the extent of any problems encountered as a result of the failure of the Buyer to install and configure the hardware necessary to operate the software in accordance with the hardware specifications previously provided by the Seller; or c) To the extent of any problems encountered as a result of the failure of the Buyer’s computing equipment, servers, networks or operating systems.
