Common use of Warranty and Warranty Disclaimer Clause in Contracts

Warranty and Warranty Disclaimer. a. Cisco warrants that the Services will materially comply with its published specifications. If We breach this warranty, We will (at Our option) repair or replace the Services within a reasonable time period or refund the fees for the period in which the Services did not materially conform to its specifications. This is Your only remedy for breach of the warranty above and cannot be used with other relief mechanisms (e.g., You cannot claim a breach of warranty and collect eligible SLA credits for the same event). In order to receive this remedy You must promptly notify Us of a breach of this warranty. The Service Description may provide for additional or substitute warranties or performance standards if expressly provided for in the Service Description. b. EXCEPT AS EXPRESSLY STATED IN THIS SECTION 16, TO THE EXTENT ALLOWED BY APPLICABLE LAW, WE (INCLUDING APPROVED SOURCES) AND OUR SUPPLIERS AND AFFILIATES, (i) EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING W ITHOUT LIMITATION ANY WARRANTY, CONDITION OR OTHER IMPLIED TERM AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT AND (ii) MAKE NO WARRANTY OR REPRESENTATION REGARDING THE SERVICES, ANY INFORMATION, MATERIALS, GOODS OR SERVICES OBTAINED THROUGH THE SERVICES OR THE SITES, OR THAT THE SERVICES WILL MEET ANY OF YOUR REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE.

Warranty and Warranty Disclaimer. a. Cisco 4.1 In addition to the warranty obligations described in this Agreement, Philips warrants that any replacement parts or special service tools and Service provided under this Exhibit will be free from defects in material and workmanship for a period of ninety (90) days from the Services will materially date of installation (when installed by Philips) or thirty (30) days from the date the parts were delivered to Customer (when not installed by Philips). Certain items such as x-ray tubes, photomultiplier tubes, cathode-ray tubes, and high voltage transformers may carry separate warranties that are provided at the time of purchase. This warranty does not include any defect or failure to perform that is the direct or indirect result, in whole or in part, of accident, abuse, misuse, operation of the Covered System in which the part is installed outside of its environmental, electrical or performance specifications, power fluctuations or failures, fires, floods or other similar or dissimilar natural causes, or improper installation or calibration. If a part does not comply with its published specifications. If We breach this warranty, We will (at Our option) then Customer shall promptly return part to Philips and Philips shall repair or replace the Services within a reasonable time period or refund the fees for the period in which the Services did not materially conform to its specificationssuch part. This is Your only remedy for breach of the warranty above and cannot be used with other relief mechanisms (e.g., You cannot claim a breach of warranty and collect eligible SLA credits for the same event). In order to receive this remedy You must promptly notify Us of a breach of this warranty. The Service Description may provide for additional or substitute warranties or performance standards if expressly provided for in the Service Description. b. EXCEPT AS THE WARRANITES STATED ABOVE ARE EXPRESSLY STATED IN THIS SECTION 16, TO THE EXTENT ALLOWED BY APPLICABLE LAW, WE (INCLUDING APPROVED SOURCES) AND OUR SUPPLIERS AND AFFILIATES, (i) EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS LIEU OF ANY KINDOTHER WARRANTIES, EXPRESS EXPRESSED OR IMPLIED, INCLUDING W ITHOUT WITHOUT LIMITATION ANY WARRANTY, CONDITION OR OTHER IMPLIED TERM AS TO WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE PURPOSE, OR NON- INFRINGEMENT AND (ii) MAKE NO WARRANTY NONINFRINGEMENT WITH RESPECT TO ANYTHING PROVIDED BY PHILIPS OR REPRESENTATION REGARDING THE SERVICES, ANY INFORMATION, MATERIALS, GOODS OR SERVICES OBTAINED THROUGH THE SERVICES ITS SUBCONTRACTOR UNDER THIS EXHIBIT OR THE SITES, AGREEMENT. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THIS WARRANTY IS THE REPAIR OR THAT REPLACEMENT OF A NON- CONFORMING PART AND THE SERVICES WILL MEET REPAIR OF COVERED SYSTEM FOR ANY OF YOUR REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREENON-CONFORMING SERVICE.

Warranty and Warranty Disclaimer. a. Cisco warrants that the Services will materially comply with its published specifications. If We breach this warranty, We will (at Our option) repair or replace the Services within a reasonable time period or refund the fees for the period in which the Services did not materially conform to its specifications. This is Your only remedy for breach of the warranty above and cannot be used with other relief mechanisms (e.g., You cannot claim a breach of warranty and collect eligible SLA credits for the same event). In order to receive this remedy You must promptly notify Us of a breach of this warranty. The Service Description may provide for additional or substitute warranties or performance standards if expressly provided for in the Service Description. b. EXCEPT AS EXPRESSLY STATED IN THIS SECTION 16, TO THE EXTENT ALLOWED BY APPLICABLE LAW, WE (INCLUDING APPROVED SOURCES) AND OUR SUPPLIERS AND AFFILIATES, (i) EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING W ITHOUT WITHOUT LIMITATION ANY WARRANTY, CONDITION OR OTHER IMPLIED TERM AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- NON-INFRINGEMENT AND (ii) MAKE NO WARRANTY OR REPRESENTATION REGARDING THE SERVICES, ANY INFORMATION, MATERIALS, GOODS OR SERVICES OBTAINED THROUGH THE SERVICES OR THE SITES, OR THAT THE SERVICES WILL MEET ANY OF YOUR REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. In addition, the Services are not designed or licensed for use in environments requiring fail-safe controls (e.g., energy facilities, aircraft navigation/communication systems, life support or weapons systems).

Warranty and Warranty Disclaimer. a. Cisco warrants that the Services will materially comply with its published specifications. If We breach this warranty, We will (at Our option) repair or replace the Services within a reasonable time period or refund the fees for the period in which the Services did not materially conform to its specifications. This is Your only remedy for breach of the warranty above and cannot be used with other relief mechanisms (e.g., You cannot claim a breach of warranty and collect eligible SLA credits for the same event). In order to receive this remedy remedy, You must promptly notify Us of a breach of this warranty. The Service Description may provide for additional or substitute warranties or performance standards if expressly provided for in the Service Description. b. EXCEPT AS EXPRESSLY STATED IN THIS SECTION 16, TO THE EXTENT ALLOWED BY APPLICABLE LAW, WE (INCLUDING APPROVED SOURCES) AND OUR SUPPLIERS AND AFFILIATES, (i) EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING W ITHOUT WITHOUT LIMITATION ANY WARRANTY, CONDITION OR OTHER IMPLIED TERM AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- NON-INFRINGEMENT AND (ii) MAKE NO WARRANTY OR REPRESENTATION REGARDING THE SERVICES, ANY INFORMATION, MATERIALS, GOODS OR SERVICES OBTAINED THROUGH THE SERVICES OR THE SITES, OR THAT THE SERVICES WILL MEET ANY OF YOUR REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. IN ADDITION, THE SERVICES ARE NOT DESIGNED OR LICENSED FOR USE IN ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS (E.G., ENERGY FACILITIES, AIRCRAFT NAVIGATION/COMMUNICATION SYSTEMS, LIFE SUPPORT OR WEAPONS SYSTEMS).