Warranty and Product Liability. 7.1 The Seller warrant that the Products shall
Warranty and Product Liability. (a) Tellus warrants that all Product will conform to the Specifications and be free from defects in material or workmanship for fourteen (14) months from the date of shipment to OmniSky. Claims for Product not complying with this warranty shall be submitted by OmniSky no later than fifteen (15) months from the date of delivery of the non-complying Product. Tellus' obligations, and OmniSky's sole remedy, under this warranty shall be for Tellus, at its option and expense, to promptly repair or replace non-complying Product, or pay OmniSky its costs of remedying such non-compliance. The shipment of non-complying Product by OmniSky to Tellus shall be at the expense of OmniSky, and the return shipment of repaired or replacement Product by Tellus to OmniSky under this Article 5(a) shall be at the expense of Tellus. Nevertheless, if the damage or malfunction is caused by the improper handling or operation of the end users or OmniSky, or is caused by any rework or material changes that have been performed by any other parties rather than Tellus or Tellus designees, then Tellus shall not be liable.
Warranty and Product Liability. 9.1. Unless otherwise stipulated below, the provisions of law shall apply to the warranty.
Warranty and Product Liability. Schedule 4.20 contains a true, ------------------------------ ------------- correct and complete copy of Seller's standard warranty or warranties and, except as stated therein, there are no warranties, commitments or obligations with respect to the Seller's services. Schedule 4.20 sets forth the estimated ------------- aggregate annual cost to Seller of performing warranty obligations for customers for each of the five (5) preceding fiscal years and the current fiscal year to the date of the Recent GAAP Financial Statements. Schedule 4.20 contains a ------------- description of all product liability claims and/or errors and omission claims and similar claims, actions, litigation and other proceedings relating to services rendered, which are presently pending or which to Seller's or any Shareholder's knowledge are threatened, or which have been asserted or commenced against Seller within the last five (5) years, in which a party thereto either requests injunctive relief or alleges damages (whether or not covered by insurance).
Warranty and Product Liability. The Seller warrant that the Products shall conform to the technical and quality standard and specifications as set out in Schedule 3 hereto, be safe, of good quality and free from any defect in manufacturing or material, correspond strictly with any and all representations, descriptions, advertisements, brochures, drawings, specifications and samples made or given by Seller, and fit for the purpose of.................. (Product purpose to be filled in). SiPM shall inspect the received Products within 14 days after receipt of the delivery and shall inform the Seller within a further period of 3 working days of any apparent defect. Non-apparent defects shall be informed to the Seller within 14 days after they have become apparent. If the Products are defective and/or do not conform with the warranty given in Art. 7.1 above ("Defective Products"), the Seller shall, at the option of SiPM replace the Defective Products with Products in accordance with the warranty set out in Art. 7.1 above as soon as possible without any additional cost to SiPM, or repair the Products without any additional cost to SiPM, or reimburse SiPM the Price paid for the Defective Products. Seller shall indemnify and hold SiPM harmless from and against all claims, actions, damages, losses, liabilities (including, without limitation, product liability claims) and other expenses (including lawyer´s and other legal fees) which SiPM may suffer or incur as a result of the delivery of Defective Products or a breach of the obligations set out in this Agreement by Seller. Any claim made under the breach of the warranty obligation as defined in Article 7.1 and 7.2 above shall endure for a period of 24 months after the date of delivery of the Products and any claim made under Art. 7.3 above shall endure until the expiration of the relevant statutes of limitations.
Warranty and Product Liability. Schedule 3.20 contains a true, correct and complete copy of Company's standard warranty or warranties and, except as stated therein, there are no warranties, commitments or obligations with respect to the Company's products and services. Schedule 3.20 sets forth the estimated aggregate annual cost to Company of performing warranty obligations for customers for each of the five (5) preceding fiscal years and the current fiscal year to the date of the Recent Financial Statements. Schedule 3.20 contains a description of all product liability claims and/or errors and omission claims and similar claims, actions, litigation and other proceedings relating to services rendered, which are presently pending or which to Parent's, Company's or Shareholder's knowledge are threatened, or which have been asserted or commenced against Company within the last five (5) years, in which a party thereto either requests injunctive relief or alleges damages (whether or not covered by insurance).
Warranty and Product Liability. SCHEDULE 3.20 contains a true, correct and complete copy of Company's standard warranty or warranties and, except as stated therein, there are no warranties, commitments or obligations with respect to the Company's products and services. SCHEDULE 3.20 sets forth the estimated aggregate annual cost to Company of performing warranty obligations for customers for each of the five (5) preceding fiscal years and the current fiscal year to the date of the Recent Financial Statements. SCHEDULE 3.20 contains a description of all product liability claims and/or errors and omission claims and similar claims, actions, litigation and other proceedings relating to services rendered, which are presently pending or which to Parent's, Company's or Shareholder's knowledge are threatened, or which have been asserted or commenced against Company within the last five (5) years, in which a party thereto either requests injunctive relief or alleges damages (whether or not covered by insurance).
Warranty and Product Liability. 21.1) We warrant that all Products sold, licensed or made available to you under this Contract shall (i) conform to applicable specifications; (ii) be merchantable, of good material and workmanship, free from defects (latent or patent), and fit and sufficient for the purpose intended; and (iii) be delivered free and clear of any liens or encumbrances. We shall, without charge, correct any non-conformity, defect or malfunction in relation to any firmware within the Products reported by you within ten (10) days of receipt of notice from you.
Warranty and Product Liability. By accepting this order, Seller represents and warrants to Buyer that: (I) all Goods and Services will conform fully to the Specifications, will be merchantable, and will be free from any defects in design, material and workmanship; (ii) all Goods and Services will be fit and sufficient for the purposes intended by Buyer and/or end users; and (iii) all Goods and Services will be free and clear of all claims, liens and other encumbrances of any kind. Seller further agrees that this warranty shall survive acceptance of any Goods and Services and shall be in addition to any other express or implied warranties, conditions or representations of Seller, statutory or otherwise. Seller shall defend, indemnify and hold harmless Buyer, Buyer's customers, users of Goods or Services and its or their respective officers and employees (collectively the "Indemnitees") from and against any and all liabilities, losses, damages, penalties, claims, suits, actions, costs and expenses (including, without limitation, attorney's fees on a full indemnity basis and disbursements) which may be incurred by, imposed on, brought against or suffered by any one or more of the Indemnitees in relation to or in connection with, in any way, the Goods or Services or any defect or malfunction thereof, including without limitation any claim or dispute with regard to personal injury, death or property damage. The warranty and indemnity set forth in this Section shall survive the termination of this Contract.
Warranty and Product Liability. Except as disclosed in Schedule 2.25 of the Disclosure Schedule, there are no outstanding warranty or product liability claims against the Company which could have a material adverse effect on the Company. The Company has previously delivered to Buyer correct and complete copies of the Company's standard terms and conditions of sale.
