Warranty and Remedies. The PROVIDER warrants that it will use reasonable efforts to perform the services to conform to generally accepted industry standards, provided that: (a) the SOFTWARE has not been modified, changed, or altered by anyone other than the PROVIDER; (b) the operating environment, including both hardware and systems software, meets the PROVIDER’s recommended specifications; (c) the computer hardware is in good operational order and is installed in a suitable operating environment; (d) RECIPIENT promptly notifies the PROVIDER of its need for service; (e) RECIPIENT provides adequate troubleshooting information and access so that the PROVIDER can identify and address problems; and (f) all fees due to the PROVIDER have been paid. THERE ARE NO OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THIS MAINTENANCE AGREEMENT, AND THE SERVICES TO BE PROVIDED BY THE PROVIDER UNDER IT INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RECIPIENT’s sole and exclusive remedy and the PROVIDER’s only obligation under this warranty is to redo the Services until the SOFTWARE conforms to the most recent specifications stated in the documents listed in Supplement A. In the event that these services cannot be provided within a reasonable time after notification, RECIPIENT’s sole and exclusive remedy is to terminate this Maintenance Agreement upon written notice to the PROVIDER and to receive a refund of any fees paid for the period beginning on the date the problem requiring correction was reported to the PROVIDER. RECIPIENT ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES SHALL THE UNIVERSITY, ITS FACULTY, STAFF, STUDENTS, OR REGENTS BE LIABLE FOR ANY LOSS, COST, EXPENSE, OR DAMAGE TO RECIPIENT IN AN AMOUNT THAT COLLECTIVELY EXCEEDS THE ANNUAL MAINTENANCE FEE. END USER ACKNOWLEDGES AND AGREES THAT THE PROVIDER, ITS FACULTY, STAFF, STUDENTS, OR REGENTS SHALL NOT BE LIABLE TO END USER FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL, CONSEQUENTIAL DAMAGES OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF THE UNIVERSITY, ITS FACULTY, STAFF, STUDENTS, OR REGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RECIPIENT WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS PROVIDER, ITS FACULTY, STAFF, STUDENTS, OR REGENTS AGAINST ANY LOSS, DAMAGE, EXPENSE, OR COST, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING OUT OF ANY CLAIM,...
Warranty and Remedies. Seller represents and warrants to Buyer that all Products provided by Seller hereunder shall have been manufactured in accordance with the [*], in conformity with the [*] Specifications, and in accordance with all good industry practices customary for the semiconductor industry. This warranty lasts for [*] after Seller delivers the Products. Seller does not warrant that the Products will be free from defects, be error-free, or operate in combinations with equipment, devices, software, systems or any other product. If, during [*], (a) Seller is notified, in writing and promptly upon discovery, of any non-conformity in the Products, including a detailed description thereof, (b) such Products are returned to Seller, and (c) such Products are indeed non-conforming and not caused by accident, abuse, misuse, neglect, improper installation or packaging, repair or alteration by Buyer or Buyer’s customer, or improper testing or use contrary to any instructions given by Seller (collectively, “Abuse or Misuse”), then Seller shall, at its option, either repair, replace, or credit Buyer for such non-conforming Products. Seller shall return any Products repaired or replaced under this warranty to Buyer transportation prepaid, and shall reimburse Buyer for the transportation charges paid by the Buyer for returning such defective Products to Seller. The performance of this warranty shall not act to extend the [*] warranty period for any Products repaired or replaced beyond that period applicable to such Products as originally delivered. Unless otherwise expressly agreed to the contrary by Seller and Buyer in writing prior to shipment, there is no warranty for Pre-Production Wafers or Development Wafers. Buyer’s approval of Seller’s material or design shall not be deemed to be a waiver of the warranty obligations set forth in this Section, nor will Buyer’s approval or Acceptance of any Products that do not meet the Specifications relieve Seller of its warranty obligations. Any waiver hereunder shall not be deemed to be a waiver of future enforcement of this Section. SiTime—Bosch: Development and Manufacturing Agreement
Warranty and Remedies. 8.1 Supplier warrants that the Goods and/or Services comply with the Contract, including but without limitation to Supplier’s responsibilities as defined in Clause 3.1.
8.2 Supplier warrants that the Goods are new and unused at the date of Delivery and remain free from defects during the warranty period.
8.3 The warranty period is twenty four (24) months from Delivery, or as otherwise set out in the Contract.
8.4 In case of breach of any warranty which is not remedied within forty-eight (48) hours from Customer’s notification, or in case of any other breach of the Contract, Customer is entitled to enforce any or all of the following remedies at its discretion and at Supplier’s expense:
8.4.1 to give Supplier an opportunity to carry out any additional work necessary to ensure that the Contract is fulfilled;
8.4.2 to require Supplier promptly to repair or replace the defective Goods and/or Services;
Warranty and Remedies. The Vendor warrants that all services provided or performed pursuant to the Contract Documents will be performed in an efficient and workmanlike manner and said services will fulfill the intended purpose of this Agreement. The Vendor, at the discretion of the City, shall repair or reimburse the City for the replacement cost specified in the Bidding Documents any uniform articles which are damaged or lost while in custody of the Vendor or the Vendor’s agent. The Vendor specifically warrants that the services will be provided in the time frame specified in the Bidding Documents. Without in anyway limiting other remedies, the City may, at its option, require that the charge for an item that was not laundered and/or repaired within the time frame specified be credited to the City.
Warranty and Remedies. 8.1 Supplier warrants that the Goods and/or Services comply with the Contract, including but without limitation to Supplier’s responsibilities as defined in Clause 3.1.
8.2 Supplier warrants that the Goods are new and unused at the date of Delivery and remain free from defects during the warranty period.
8.3 The warranty period is twenty four (24) months from Delivery and in case of Services: from complete performance thereof, or as otherwise set out in the Contract.
8.4 In case of breach of any warranty which is not remedied within forty eight (48) hours from Customer’s notification or such longer or shorter period reasonably to be granted by Customer in view of the circumstances involved, or in other cases where the applicable law waives the requirement to set a time period (grace period) for remedy, Customer is entitled to enforce any or all of the following remedies at its discretion and at Supplier’s expense:
8.4.1 to give Supplier an opportunity to carry out any additional work necessary to ensure that the Contract is fulfilled, i.e., in particular immediate repair or replacement of the defective Goods and/or Services;
8.4.2 to carry out (or to instruct a third party to carry out) any additional work necessary to make the Goods and/or Services comply with the Contract;
8.4.3 to refuse any further Goods and/or Services by the Supplier;
8.4.4 to require Supplier to indemnify and hold harmless Customer (and any relevant Customer’s Affiliate) for such damages as may have been sustained by Customer (or any relevant Customer’s Affiliate) as a result of Supplier’s breach of the Contract;
8.4.5 to terminate the Contract with immediate effect or rescind the Contract, in such event of termination
8.4.5.1 Customer has no obligation to compensate or further pay (including paying for the Goods and/or Services which have been rejected); in case Customer chooses to rescind from the Contract Supplier shall pay back to Customer any remuneration received from Customer for the Goods and/or Services and take back the Goods at Supplier’s own cost and risk; and
8.4.5.2 Customer may source equivalent replacement goods and/or services from an alternative supplier; any resulting additional costs are to be borne by Supplier.
8.5 The remedies as per Clauses 8.4 shall be at Supplier’s expense (including, but not limited to, transportation and installation, removal or assembly and dismantling costs) and risk.
8.6 In case of a breach of any warranty, the warranty period shall be ...
Warranty and Remedies. In addition to an without limiting the specific Products warranties and guarantees set forth in the Agreement, the Supplier represents, warrants and agrees that (a) good and merchantable title to the Products shall be transferred to Company upon delivery of the Products; (b) the Products shall be free and clear of all liens, encumbrances or claims of any nature whatsoever; (c) the Products shall conform to Specifications and shall be delivered free of defects in material and workmanship; (d) the Products shall be of the quality included in the Specifications ; (e) the Products do not, and their use or resale by Company will not, infringe any patent, copyright, design right, trade mark and/or any other intellectual or industrial property right (whether registered or unregistered) of any third person, and that at the date of the Agreement the Supplier is not aware of any action which has been commenced against the Supplier in relation to any infringement or alleged or threatened infringement of any intellectual or industrial property right nor have the Supplier received any notice to the effect that any such action may be commenced; (f) there are no pending or threatened suits, claims, or actions of any type with respect to the Products; and (g) all applicable laws of each jurisdiction in which the Products are manufactured, transported and delivered shall be complied with relating to the manufacture, processing, treatment, construction, completion, transportation and delivery of the Products. The foregoing representations and warranties shall survive any inspection, delivery, installation, acceptance, start-up or payment by Company for a period of twenty-four (24) months as from delivery. THE FOREGOING WARRANTIES AND THE WARRANTIES AND GUARANTEES SET FORTH IN THE AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. Company shall notify in writing the Supplier of any claim with respect to any breach of the warranties set forth above within thirty (30) Business Days after the defect arises and is discovered by Company and in any event within the warranty period included in section 9.1 above. Without prejudice to any other right or remedy available to Company at law or in equity, upon the receipt of the notice under section 9.2 above, the Supplier shall, at the election and at no cost to Company (including but not limited to transportation, travelling, accommodation, labour, collection, custody, disassembly, re-assembly, demolition, construction,...
Warranty and Remedies. 10 ARTICLE 20 -
Warranty and Remedies. Confidential 05/08/97 Sample - Non-Executable Limited Warranty CAC MAKES NO WARRANTIES OR REPRESENTATIONS AS TO PERFORMANCE OF PRODUCTS OR AS TO SERVICE TO OEM OR TO ANY OTHER PERSON, EXCEPT AS SET FORTH IN CAC's LIMITED WARRANTY ATTACHED HERETO AS APPENDIX D. CAC RESERVES THE RIGHT TO CHANGE THE WARRANTY AND SERVICE POLICY SET FORTH IN SUCH LIMITED WARRANTY, OR OTHERWISE, AT ANY TIME, WITH NINETY (90) DAYS WRITTEN NOTICE AS IT APPLIES TO EQUIPMENT PURCHASES AFTER THE 90 DAY PERIOD, AND WITHOUT LIABILITY TO OEM OR TO ANY OTHER PERSON. SUCH CHANGES WILL NOT APPLY TO ANY PRODUCT SHIPPED PRIOR TO THE END OF THE NINETY (90) DAY NOTICE PERIOD. OEM's Warranty OEM will make no warranty, guarantee or representation on CAC's behalf. In the event that OEM makes unauthorized representations or guarantees beyond those contained in Appendix D - Warranties and Limitation of Remedies, OEM shall hold harmless and indemnify CAC for any expenses, claims, damages or liability of any nature whatsoever arising from or related to such unauthorized representations or guarantees, including without limitation, reasonable attorney's fees.
Warranty and Remedies. The Vendor warrants that all services provided or performed pursuant to the Contract Documents will be performed in an efficient and workmanlike manner and said services will fulfill the intended purpose of this Agreement. The Vendor, at the discretion of the City, shall repair or reimburse the City for the replacement cost specified in the Bidding Documents for any articles which are damaged or lost while in custody of the Vendor or the Vendor’s agent. The Vendor shall provide a five (5) year warranty against defects in materials and workmanship for Concealable Soft Body Armor.
Warranty and Remedies. The provision in Section 15.3 of the Agreement that titled Contractor Warranties for Contract Deliverables, shall apply.
