Warranty and Remedy. ARRO warrants that it shall exert the degree of care and skill in the performance of its services normally exercised by similar professionals under similar circumstances. This warranty is in lieu of and excludes all other warranties whether express or implied, by operation of law or otherwise, including any warranty of fitness for particular purpose. ARRO’s liability to the Client for losses, injuries, damages or expenses arising from ARRO’s services under this Agreement and which are covered by ARRO’s liability insurances shall be limited to the then remaining limits of ARRO’s applicable liability insurance coverage(s). For any other losses, injuries, damages or expenses arising from XXXX’s services, Client agrees that XXXX’s total aggregate liability therefore shall not exceed the amount of ARRO’s service revenue under this Agreement. In addition, the Client agrees to extend any and all liability limitations and indemnifications provided by the Client to ARRO to those individuals and entities ARRO retains for performance of the services under this Agreement, including ARRO’s subconsultants and their assigns.
Warranty and Remedy. 1. Warranty -------- Lessor warrants all Equipment obtained hereunder to be free from defects in material and workmanship in normal service and under normal conditions for one (1) year from date of the initial invoice, and to conform to its standard specifications at the time of Order. Lessor warrants the Software (if applicable) obtained hereunder will conform to its specification at the time it is received by Lessee. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS WARRANTY IS VOID AS TO EQUIPMENT AND SOFTWARE LOCATED OUTSIDE OF THE UNITED STATES OF AMERICA.
2. Remedy ------ Should a unit of Equipment fail in normal service and under normal conditions through no fault of Lessee during the warranty period, Lessee shall return the failed unit at Lessee's expense to Lessor's point of origin facility. Lessor shall either repair the unit at the factory or furnish a used, refurbished replacement unit for Lessee. No charges will be made for repair or replacement of the unit. Lessee shall connect and adjust the unit in accordance with accompanying instructions. Each repaired or replacement unit of Equipment is warranted (as set forth above) for sixty (60) days from the date of shipment of such repaired unit, or the remaining portion of the original Equipment's warranty, whichever is longer. Lessee agrees to pay Lessor's then standard time and material charges for repairs made outside of those covered by the Warranty. For any nonconformance of the Software (if applicable) to its specification which significantly affects performance and is reported to Lessor by Lessee, in writing, during the initial ninety (90) days following receipt by Lessee of the Software, Lessor shall provide an analysis of the problem and provide a workable solution. Lessee agrees to pay Lessor's then current Software charges for analysis and efforts to obtain workable solutions provided outside of those covered by the Warranty. Lessee agrees that it will in no event, alter, modify, repair, disassemble, or adjust the Equipment or Software obtained hereby, except in accordance with Lessor instructions. Lessor's obligations hereunder are contingent upon proper storage, installation, use and maintenance and are limited to: (1) repair, or at its option, replacement (as described herein above) of any parts or Equipment when Lessor determines that the Equipment does not confor...
Warranty and Remedy. One-Year Warranty—In the event that the Product does not conform to this warranty at any time during the time of one year from original purchase, warrantor will repair the defect and return it to you at no charge This warranty shall terminate and be of no further effect at the time the product is: (1) damaged by extraneous cause such as fire, water, lightning, etc. or not maintained as reasonable and necessary; or (2) modified; or (3) improperly installed; or (4) misused; or (5) repaired or serviced by someone other than Warrantors’ authorized personnel or someone expressly authorized by Warrantor’s to make such service or repairs; (6) used in a manner or purpose for which the product was not intended; or (7) sold by original purchaser WITHOUT WAIVINGANY PROVISION IN THIS LIMITED WARRANTY, IF A CIRCUMSTANCE ARISES WHERE WARRANTORS ARE FOUND TO BE LIABLE FOR ANY LOSS OR DAMAGE ARISING OUT OF MISTAKES, NEGLIGENCE, OMISSIONS, INTERRUPTIONS, DELAYS, ERRORS OR DEFECTS IN WARRANTORS’ PRODUCTS OR SERVICES, SUCH LIABILITY SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER FOR WARRANTORS’ PRODUCT AND SERVICES OR $250.00, WHICHEVER IS GREATER. YOU HEREBY RELEASE WARRANTORS FROMANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION. YOU AGREE TO RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE WARRANTORS, THEIR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR AFFILIATED COMPANIES, FOR ANY AND ALL LIABILITIES POTENTIALLY ARISING FROMANY CLAIM, DEMAND OR ACTION BASED UPON ANY LOSSES, LIABILITIES, DAMAGES OR COSTS, INCLUDING BUT NOT LIMITED TO DAMAGES THAT ARE DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, AND INCLUDINGATTORNEYS FEES AND LEGAL COSTS, THAT MAY RESULT FROM THE INSTALLATION, OPERATION, USE OF, OR INABILITY TO USE WARRANTORS’ PRODUCTS AND SERVICES, OR FROM THE FAILURE OF THE WARRANTORS’ SYSTEM TO REPORT A GIVEN EVENT OR CONDITION, WHETHER OR NOT CAUSED BY WARRANTORS’ NEGLIGENCE, EXCEPT AS NECESSARY TO ENFORCE THE EXPRESS TERMS OF THIS LIMITED WARRANTY It must be clear that the Warrantors are not insuring your premises or business or guaranteeing that there will not be damage to your person or property or business if you use this Product. You should maintain insurance coverage sufficient to provide compensation for any loss, damage, or expense that may arise in connection with the use of products or services, even if caused by Warrantors’ negligence. The warrantors assume no liability for installation of the ...
Warranty and Remedy. Xxxx warrants that Services will be provided with reasonable skill and care conforming to generally accepted industry standards and any specifications specified in the applicable Agreement. Homeowner must report any deficiency in Services to Xxxx In Writing within thirty (30) days of first becoming aware of such deficiency for this warranty to be effective. For any breach of the above timely warranty, Xxxx will, at its option and at no additional cost to Homeowner, provide remedial services necessary to enable the Services to conform to the warranty. Homeowner will provide Xxxx with a reasonable opportunity to remedy any breach and reasonable assistance in remedying any defects. The remedies set out in this subsection are Homeowner’s sole remedies for breach of the above warranty.
Warranty and Remedy. Except as noted in subparagraph (h), below, any Products or parts thereof sold by MSI or supplied by MSI to Purchaser which, under normal operating conditions, prove materially defective in material or workmanship under normal use and service within one (1) year from the date of shipment will be repaired or replaced at MSI's option, excluding freight, insurance and installation, provided that Purchaser shall promptly send to MSI notice of the defect and establish to MSI's reasonable satisfaction that the Products have been properly installed, maintained and operated. At the option of MSI and in lieu of repairing or replacing the Products, MSI may refund the purchase price paid and receive back the Products which were furnished to Purchaser. The foregoing states Purchaser's sole remedy and MSI's sole and exclusive obligation under this limited warranty.
Warranty and Remedy. During the initial Subscription Term, Dell will exercise reasonable care to maintain a Product’s ability to perform substantially in accordance with the corresponding standard documentation issued by Dell for the applicable Product under normal usage and with regular recommended service and provide Services in a workmanlike manner. You will promptly provide Dell and Reseller with written notice of any failure to conform with the foregoing warranty but within ten days after the date on which such failure first occurs for Services. Dell’s entire liability and Your exclusive remedies for any failure to comply with this warranty are as follows: Dell will make reasonable efforts to correct the non-conformance within a reasonable period of time, not to exceed 30 days from receipt of Your notice (the “Cure Period”); and (a) if Dell is unable to correct the non-conformance during the Cure Period for reasons for which Dell is responsible, then Dell will replace the non-conforming Product or reperform the applicable Services; or (b) if Dell, at its sole discretion, determines such is not reasonably possible, then You, Partner or Dell may terminate the applicable Order and End User Subscription Form and Partner may seek from Dell a refund of any fees Partner prepaid to Dell for the Subscription that will not be provided as a result of the termination. Refund of any fees You prepaid to Reseller will be as mutually agreed between You and Reseller.
Warranty and Remedy. We warrant that we have the right to grant You this license. We further warrant that the first release of each Comshare Product delivered to You will at time of delivery (or installation if We install) perform substantially in accordance with Our user documentation as same may change from time to time, provided You supply the specified operating environment. This warranty does not apply to Implementation Services and any product thereof; Our warranty is that Implementation Services will be performed by reasonably skilled personnel as described in Schedule B. OUR SOLE OBLIGATION AND YOUR EXCLUSIVE REMEDY FOR ANY WARRANTY FAILURE IS THE CORRECTION OR REPLACEMENT, AT OUR OPTION, OF THE NONCONFORMING SERVICES OR COMPONENTS. 2 43
Warranty and Remedy. Section 8.1 (3) will be modified by replacing “highest” with “reasonable” as follows:
Warranty and Remedy i. Warrants. Company warrants that it will perform the Service with reasonable care and skill. Company does not warrant that the Service will be uninterrupted or error-free. All other conditions, warranties or other terms which might have effect between the parties or be implied into this Agreement, whether by statute, common law or otherwise are hereby excluded. This shall not apply in the event of fraudulent concealment or the deliberate or grossly negligent causation of an error.
ii. Disclaimer of Third Party Actions. Company does not control the flow of data within the Customer API, and third parties can impair or disrupt the performance of the Customer API. While Company uses commercially reasonable efforts to avoid such events, Company cannot guarantee that such events will not occur. At its own expense and at its discretion, Company shall either procure the necessary rights of use for the Customer or modify the contractual services in such a way that they no longer infringe the industrial property rights of third parties but continue to comply with the contractual agreements. In the latter case, Company shall carry out all conversions, adaptation of documentation, training, etc. required for this purpose. If Company is not in a position to grant the necessary rights of use or to modify the contractual services accordingly, the customer shall be entitled to terminate this contract immediately.
Warranty and Remedy. Except as otherwise set forth on Attachment A, Itron warrants to Customer that the Equipment that is manufactured by Itron will be free from defects in materials and workmanship and will conform to the requirements of its intended use and to the applicable published Itron specifications for a period of one year from the date of shipment if purchased directly from Itron and 14 months if purchased through a Distributor. Except to the extent otherwise provided in Attachment A, Itron's sole obligation and Customer's exclusive remedy in connection with the breach of a warranty provided under this Section or under Attachment A shall be for Itron to repair non-conforming Equipment or provide Customer with replacement Equipment after Customer has returned non-conforming Equipment properly packaged and prepaid to a repair facility designated by Itron in accordance with Itron's then-current RMA procedures. If Itron, in its sole discretion, determines that it is unable to repair or replace such non-conforming Equipment, Itron will refund to Customer the amount paid for such Equipment. Equipment that is repaired or replaced pursuant to this Section will be warranted for the remainder of the original warranty period or 30 days, whichever is longer. Customer will pay the cost of returning non-conforming Equipment to the place of repair designated by Itron and Itron will pay the cost of delivering repaired or replacement Equipment to Customer.
