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. 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 further, that the Equipment obtained under the initial order hereunder is fit for the purposes described in the Data Network Description attached hereto as Exhibit 3 and conforms to the standard specifications at the time of the Order. 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. Should a unit of Equipment, which is not subject to an effective Lessor ------------------------------------------- maintenance agreement fail in normal service and under normal conditions through --------------------- no fault of the Lessee during the warranty period, Lessee shall return the failed unit at Lessor'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 the Lessee. No charges will be made for repair or replacement. 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 affects performance and is reported to Lessor by Lessee, in writing, during the initial ninety (90) days following deployment, Lessor shall provide an analysis of the problem and workable solution. For Software nonconformances ---------------------------- which are recorded in writing to Lessor by Lessee subsequent to the ------------------------------------------------------------------- aforementioned ninety (90) day Software warranty period, Lessee agrees to pay ------------------------------------------------------- Lessors 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, d...
Warranty and Remedy. Two-Year Warranty — In the event that the Product does not conform to this warranty at any time during the time of two years 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. LIMITED WARRANTY, LIMITATION OF DAMAGES AND DISCLAIMER OF LIABILITY FOR DAMAGES: THE WARRANTOR’S OBLIGATION UNDER THIS WARRANTY IS LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCT, AT THE WARRANTOR’S OPTION AS TO REPAIR OR REPLACEMENT. IN NO EVENT SHALL WARRANTORS BE LIABLE OR RESPONSIBLE FOR PAYMENT OF ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL AND/OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LABOR COSTS, PRODUCT COSTS, LOST REVENUE, BUSINESS INTERRUTPION LOSSES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR INFORMATION, OR FINANCIAL LOSS, FOR CLAIMS OF ANY NATURE, INCLUDING BUT NOT LIMITED TO CLAIMS IN CONTRACT, BREACH OF WARRANTY OR TORT, AND WHETHER OR NOT CAUSED BY WARRANTORS’ NEGLIGENCE. IN THE EVENT THAT T IS DETERMINED IN ANY ADJUDICATION THAT THE LIMITED WARRANTIES OF REPAIR OR REPLACEMENT ARE INAPPLICABLE, THEN THE PURCHASER’S SOLE REMEDY SHALL BE PAYMENT TO THE PURCHASER OF THE ORIGINAL COST OF THE PRODUCT, AND IN NO EVENT SHALL WARRANTORS BE LIABLE OR RESPONSIBLE FOR PAYMENT OF ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL AND/OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY LOST REVENUE, BUSINESS INTERRUTPION LOSSES, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA OR INFORMATION, OR FINANCIAL LOSS, FOR CLAIMS OF ANY NATURE, INCLUDING BUT NOT LIMITED TO CLAIMS IN CONTRACT, BREACH OF WARRANTY OR TORT, AND WHETHER OR NOT CAUSED BY WARRANTORS’ NEGLIGENCE. WITHOUT WAIVING ANY 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 CUSTOM...
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. 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. 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 Prime Contractor 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 may terminate the applicable Order and End User Subscription Form and You may seek a refund of any prepaid fees for the Subscription that will not be provided as a result of the termination.
Warranty and Remedy. Section 8.1 (3) will be modified by replacing “highest” with “reasonable” as follows:
Warranty and Remedy. Seller warrants to the Buyer that the Goods to be delivered pursuant to these Terms and Conditions materially conform to the description and specification set forth in Buyer’s purchase order and will have no defects in material or workmanship as of the time of delivery. The Goods furnished by Seller are to be within the limits and of the sizes published by Seller and subject to standard commercial tolerances for variations unless otherwise agreed to by Seller in writing.
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 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.
