Common use of Warranty and Remedies Clause in Contracts

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, DEMAND, PROCEEDING OR LAWSUIT RELATED TO RECIPIENT’s UNAUTHORIZED USE OR MISUSE OF THE SOFTWARE. The PROVIDER agrees to hold harmless the RECIPIENT, its officers, agents, and employees from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to persons or property arising out of or in connection with or occurring during the course of this Maintenance Agreement where such liability is founded upon or grows out of the acts or omissions of the officers, employees, or agents of the PROVIDER of Wisconsin System while acting within the scope of their employment where protection is afforded by ss. 893.92 and ss. 895.46(1) Wisconsin Statutes.

Warranty and Remedies. The PROVIDER Seller warrants to Buyer that it the Goods sold hereunder will use reasonable efforts conform to perform the services applicable specifications. If the Goods fail to conform to generally accepted industry standardsthe applicable specifications, provided that: Seller will, at its option, replace such Goods, rework such Goods so that they conform to the applicable specifications (a) the SOFTWARE has not been modified, changedif practical), 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 give 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 credit therefore equal to the PROVIDER have price paid by Xxxxx. Such replacement, rework or credit shall be Seller’s sole obligation and Xxxxx’s exclusive remedy hereunder for breach of this limited warranty, and shall be conditioned upon Seller receiving written notice of any alleged breach of this warranty within a reasonable time after discovery of such defect, but in no event later than 30 days from date of shipment. At Seller’s request, Xxxxx shall return to Seller any Goods for which a warranty claim has been paidmade, FOB seller’s plant with freight prepaid. THERE ARE NO THE FOREGOING WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES OF ANY KINDWHATSOEVER, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THIS MAINTENANCE AGREEMENT, AND THE SERVICES TO BE PROVIDED BY THE PROVIDER UNDER IT INCLUDING, INCLUDING BUT NOT LIMITED TO, ANY TO IMPLIED WARRANTIES OF MERCHANTABILITY OR AND 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 CONSEQUENTIAL DAMAGES SELLER SHALL NOT BE LIABLE TO END USER UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, INCIDENTAL, PUNITIVECONSEQUENTIAL, EXEMPLARY, SPECIAL, CONSEQUENTIAL DAMAGES SPECIAL OR SIMILAR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS PROFITS, LABOR COSTS OR LOST DATA DAMAGE TO EQUIPMENT, ARISING OUT FROM THE SALE OR USE OF THE USE OR INABILITY TO USE GOODS, FROM THE SOFTWARE EVEN IF THE UNIVERSITYGOODS BEING INCORPORATED INTO OTHER ARTICLES, ITS FACULTY, STAFF, STUDENTS, OR REGENTS HAVE BEEN ADVISED FROM ANY BREACH OF THE POSSIBILITY AGREEMENT OR FROM ANY OTHER CAUSE WHATSOEVER, WHETHER BASED ON WARRANTY (EXPRESSED OR IMPLIED) OR OTHERWISE BASED ON CONTRACT, TORT OR OTHER THEORY 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, DEMAND, PROCEEDING OR LAWSUIT RELATED TO RECIPIENT’s UNAUTHORIZED USE OR MISUSE OF THE SOFTWARE. The PROVIDER agrees to hold harmless the RECIPIENT, its officers, agents, and employees from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to persons or property arising out of or in connection with or occurring during the course of this Maintenance Agreement where such liability is founded upon or grows out of the acts or omissions of the officers, employees, or agents of the PROVIDER of Wisconsin System while acting within the scope of their employment where protection is afforded by ss. 893.92 and ss. 895.46(1) Wisconsin StatutesLIABILITY.

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, DEMAND, PROCEEDING OR LAWSUIT RELATED TO RECIPIENT’s UNAUTHORIZED USE OR MISUSE OF THE SOFTWARE. The PROVIDER agrees to defend, indemnify and hold harmless the RECIPIENT, its officers, agents, and employees from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to persons or property arising out of or in connection with or occurring during the course of this Maintenance Agreement where such liability is founded upon or grows out of the acts or omissions of the officers, employees, or agents of the PROVIDER of Wisconsin System while acting within the scope of their employment where protection is afforded by ss. 893.92 and ss. 895.46(1) Wisconsin Statutes.

Warranty and Remedies. The PROVIDER VENDOR 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 PROVIDERVENDOR; (b) the operating environment, including both hardware and systems software, meets the PROVIDERVENDOR’s recommended specifications; (c) the computer hardware is in good operational order and is installed in a suitable operating environment; (d) RECIPIENT CLIENT promptly notifies the PROVIDER VENDOR of its need for service; (e) RECIPIENT CLIENT provides adequate troubleshooting information and access so that the PROVIDER VENDOR can identify and address problems; and (f) all fees due to the PROVIDER VENDOR 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 VENDOR UNDER IT INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. RECIPIENT’s CLIENT's sole and exclusive remedy and the PROVIDER’s VENDOR'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 CLIENT's sole and exclusive remedy is to terminate this Maintenance Agreement upon written notice to the PROVIDER VENDOR and to receive a refund of any fees paid for the period beginning on the date the problem requiring correction was reported to the PROVIDERVENDOR. RECIPIENT CLIENT ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES SHALL THE UNIVERSITYINFOSYS INC, ITS FACULTY, STAFF, STUDENTS, STAFF OR REGENTS CONSULTANTS BE LIABLE FOR ANY LOSS, COST, EXPENSE, OR DAMAGE TO RECIPIENT CLIENT IN AN AMOUNT THAT COLLECTIVELY EXCEEDS THE ANNUAL MAINTENANCE FEE. END USER CLIENT ACKNOWLEDGES AND AGREES THAT THE PROVIDERVENDOR, ITS FACULTY, STAFF, STUDENTS, STAFF OR REGENTS CONSULTANTS 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, INFOSYS INC ITS FACULTY, STAFF, STUDENTS, STAFF OR REGENTS CONSULTANTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RECIPIENT CLIENT WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS PROVIDERTHE VENDOR, ITS FACULTY, STAFF, STUDENTS, STAFF OR REGENTS CONSULTANTS AGAINST ANY LOSS, DAMAGE, EXPENSE, OR COST, INCLUDING REASONABLE ATTORNEYS’ ' FEES, ARISING OUT OF ANY CLAIM, DEMAND, PROCEEDING OR LAWSUIT RELATED TO RECIPIENT’s CLIENT's UNAUTHORIZED USE OR MISUSE OF THE SOFTWARE. The PROVIDER VENDOR agrees to defend, indemnify and hold harmless the RECIPIENTCLIENT, its officers, agents, and employees from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to persons or property arising out of or in connection with or occurring during the course of this Maintenance Agreement where such liability is founded upon or grows out of the acts or omissions of the officers, employees, or agents of the PROVIDER VENDOR of Wisconsin System Pharmacy Controller while acting within the scope of their employment where protection is afforded by ss. 893.92 and ss. 895.46(1) Wisconsin Statutesthe labour laws of the Barbados Constitution.

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 PROVIDER 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 PROVIDER 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 SOFTWARE.RECIPIENT WILL INDEMNIFY, DEFEND, AND HOLD HARMLESS PROVIDER, PROVIDER AND ITS FACULTY, STAFF, STUDENTS, OR REGENTS AGAINST LOCAL REPRESENTATIVES ANY LOSS, DAMAGE, EXPENSE, OR COST, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING OUT OF ANY CLAIM, DEMAND, PROCEEDING OR LAWSUIT RELATED TO RECIPIENT’s UNAUTHORIZED USE OR MISUSE OF THE SOFTWARE. The PROVIDER agrees to hold harmless the RECIPIENT, its officers, agents, and employees from any and all liability, including claims, demands, losses, costs, damages, and expenses of every kind and description (including death), or damages to persons or property arising out of or in connection with or occurring during the course of this Maintenance Agreement where such liability is founded upon or grows out of the acts or omissions of the officers, employees, or agents of the PROVIDER of Wisconsin System while acting within the scope of their employment where protection is afforded by ss. 893.92 and ss. 895.46(1) Wisconsin Statutes.