Warranty Conditions and Limitations Sample Clauses

Warranty Conditions and Limitations. The limited warranties in Section 5.1 above are made to and for the benefit of Client only and are conditioned upon Client’s compliance with the terms of this Agreement, and upon Client’s compliance with the Documentation and other reasonable instructions as may be provided by CleanBrain from time to time. The limited warranties in question shall not apply to the extent that the CleanTelligent Subscription Services fail to perform as warranted under Section 5.1 above because of, or would not have so failed but for:
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Warranty Conditions and Limitations. The limited warranty set forth above is made to and for Your individual benefit only and is conditioned upon Your compliance with the terms of this Agreement, the Documentation, and other reasonable instructions provided by CellTrust. This limited warranty shall not apply to the extent that the App fails to perform as warranted because of and would not have so failed but for: (a) modifications made to the Products or Services (other than those modifications provided by CellTrust under this Agreement or under a Professional Services Agreement with CellTrust); (b) the creation and/or use of an Interface You use; (c) Your failure to implement modifications or enhancements as required by CellTrust; (d) use of the Products or Services in connection or in combination with any computer hardware or software or Device not expressly approved or recommended by CellTrust in writing; or (e) use of the Products or Services contrary to the specifications and directions contained in the Documentation or other reasonable instructions of CellTrust. NOTE: Some local laws do not allow for the exclusion of implied warranties or have other applicable terms controlling warranties, including without limitation regarding the recovery of damages. In such a case, any implied warranties, guarantees, or conditions will last only during the term of the limited warranty and shall be limited as much as Your local law allows; however, You will not be able to recover the remedies described in this Agreement if such remedies are in conflict with the applicable local laws. For express clarification, some states and countries do not allow the exclusion or limitation of incidental, consequential, or other damages, so any limitation or exclusion of such damages set forth in this Agreement may not apply to You but shall be limited to the maximum extent allowed under applicable law.
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Warranty Conditions and Limitations. The foregoing warranties with respect to the Commercial Software and Support Services are provided for the sole benefit of Customer and shall apply only if (i) the Commercial Software has been properly installed and used at all times and in accordance with the applicable documentation or instructions for use provided by MapR; and (ii) no modification, alteration or addition has been made to the Commercial Software by persons other than MapR or MapR’s authorized representative. The remedies provided in this Section are Customer’s sole and exclusive remedies for breach of the foregoing warranties.
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Warranty Conditions and Limitations. The limited warranties in Section 5.1 above are made to and for the benefit of Client only and are conditioned upon Client’s compliance with the terms of this Agreement, and upon Client’s compliance with the Documentation and other reasonable instructions as may be provided by CleanBrain from time to time. The limited warranties in question shall not apply to the extent that the CleanTelligent Subscription Services fail to perform as warranted under Section 5.1 above because of, or would not have so failed but for: (a) any modifications made to the Software or the CleanTelligent Subscription Services other than those modifications made by CleanBrain under this Agreement; (b) Use of the CleanTelligent Subscription Services in connection or in combination with any computer hardware, mobile device or Third Party Software not expressly approved or recommended by CleanBrain in writing; or (c) installation or Use of the CleanTelligent Subscription Services contrary to the specifications and directions contained in the Documentation or other reasonable instructions of CleanBrain.
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Warranty Conditions and Limitations. The limited warranties in Section 6.1 are made to and for the benefit of TS only and are conditioned upon TS’ compliance with the terms of this Agreement, the Documentation, and other reasonable written instructions provided by QCSI. These limited warranties shall not apply to the extent that Software fails to perform as warranted under Section 6.1(a) because of and would not have so failed but for: (a) modifications made to the Software, (other than those modifications provided by QCSI under this Agreement, under a professional services agreement with QCSI, or through Maintenance and Support); (b) TS’ failure to implement modifications or enhancements as required by QCSI; (c) Use of the Software in connection or in combination with any computer hardware or software not expressly approved or recommended by QCSI in writing; or (d) installation or Use of the Software contrary to the specifications and directions contained in the Documentation or other reasonable written instructions provided by QCSI.
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Related to Warranty Conditions and Limitations

  • Conditions and Limitations The admission of any Person as a Substituted Member or an Additional Member shall be conditioned upon (i) such Person’s written acceptance and adoption of all the terms and provisions of this Agreement, either by (A) execution and delivery of a counterpart signature page to this Agreement countersigned by the Managing Member on behalf of the Company or (B) any other writing evidencing the intent of such Person to become a Substituted Member or an Additional Member and such writing is accepted by the Managing Member on behalf of the Company.

  • Warranty Limitations This Contractual Warranty does not warrant uninterrupted or error-free operation of the Product or cover normal wear and tear of the Product or costs related to the removal, installation, or troubleshooting of the customer's electrical systems. The warranty claims that relate to defects caused by any of the following factors are not covered by the Contractual Warranty: • Improper Use or Non-compliance with installation, commissioning, operation or maintenance instructions (i.e. not according to the operation & installation manual) • Unauthorized modifications, changes or attempted repairs, • Vandalism, destruction through external influence and/or persons/animals • Use in an unsuitable environment, including any environment or location that causes excessive wear and tear or dirt or dust or debris buildup within the system or that is difficult or unsafe for Xantrex LLC representatives to access • Insufficient ventilation • Installation in a corrosive environment • Failure to observe applicable safety standards & regulations • Damages during transportation or storage • Force majeure, examples include, but not limited to: fire, flood, earthquakes, storm damage, overvoltage & lightning strikes • Exposure to fire, water, snow, moisture, or liquid ingress (except for any such exposure to environmental conditions that your Product was specifically designed to withstand as indicated in the applicable specifications for your Product) • Used as a component part of a product expressly warranted by another manufacturer • If the original identification (trade-mark, serial number) markings have been defaced, altered, or removed • Consumable components of any type are not covered, including but not limited to fans, fuses and filters etc. • Cosmetic shortcoming which do not impair the use of the product for the intended purpose i.e. supply of energy Warranty claims also exclude: • Damages arising due to the fact that the use of the product for the intended purpose is no longer possible or only possible with restrictions as a result of amendments to the statutory provisions applicable to the operation of the product made after the delivery of the product • Compensation for damages related to loss of power production or business operation or any expenses incurred by customer towards repair & replacement of the product (including but not limited to labor, transportation, temporary power) • Cost arising from changes to existing PV systems or building installations or vehicle or marine vessel installation and like • Additional costs and expenses (i.e. shipping costs, travel, accommodation, meals, etc.) arising due to remote locations of the indicated geographies, including but not limited to islands and overseas territories

  • Accuracy of Representations and Compliance with Conditions All ---------------------------------------------------------- representations and warranties of Buyer contained in this Agreement shall be true and accurate when made and, except (a) as a result of the taking of any action contemplated hereby or (b) insofar as any representation or warranty relates to any specified earlier date, shall be true and accurate as of the Closing Date, as though such representations and warranties were then made by Buyer; and Buyer shall have performed and complied with all of its covenants and agreements set forth in this Agreement to be performed or complied with at or before the Closing.

  • EXCLUSIONS AND LIMITATIONS The aforementioned “Limited Warranty” does not apply to any Products which have been subjected to

  • Restrictions and Limitations (a) Except as hereinafter provided, no officer or Trustee of the Trust, no officer, director, or stockholder (or partner of a stockholder) of the investment adviser of the Trust (as that term is defined in the 0000 Xxx) or of any underwriter of the Trust, and no investment adviser or underwriter of the Trust shall take long or short positions in the securities issued by the Trust. The foregoing provision shall not prevent the purchase from the Trust of shares of any series issued by the Trust by any person at the price available to shareholders of the Trust generally at the time of such purchase, or as described in the current Prospectus of the Trust, or prior to commencement of the public offering of shares of the Trust, at the net asset value of such shares.

  • CONDITIONS OF LIMITATION 25.01 To the extent permitted by applicable law this lease and the term and estate hereby granted are subject to the limitation that whenever Tenant shall make an assignment of the property of Tenant for the benefit of creditors, or shall file a voluntary petition under any bankruptcy or insolvency law, or an involuntary petition alleging an act of bankruptcy or insolvency shall be filed against Tenant under any bankruptcy or insolvency law, or whenever a petition shall be filed or against Tenant under the reorganization provisions of the United States Bankruptcy Act or under the provisions of any law of like import, or whenever a petition shall be filed by Tenant under the arrangement provisions of the United States Bankruptcy Act or under the provisions of any law of like import, or whenever a permanent receiver of Tenant or of or for the property of Tenant shall be appointed, then, Landlord, (a) at any time after receipt of notice of the occurrence of any such event, or (b) if such event occurs without the acquiescence of Tenant, at any time after the event continues for ninety (90) days, Landlord may give Tenant a notice of intention to end the term of this lease at the expiration of five (5) days from the date of service of such notice of intention, and upon the expiration of said five (5) day period this lease and the term and estate hereby granted, whether or not the term shall theretofore have commenced, shall terminate with the same effect as if that day were the Expiration Date, but Tenant shall remain liable for damages as provided in Article 27.

  • Warranty; Limitation of Liability Dade Behring warrants that the Equipment and Hemostasis Patient Reportable Tests are free from defects in material and workmanship and the Hemostasis Patient Reportable Tests conform to the product inserts which accompany them. Dade Behring warrants that it will comply with all applicable federal laws and regulations related to the Equipment, Maintenance and Tests including all regulations of the FDA. Dade Behring further warrants that any Equipment/Supply price breakdowns which are requested by Customer and provided by Dade Behring are correct and can be relied upon by Customer in preparing Customer’s Medicare Cost Reports and related documentation. Except as expressly stated in this Agreement, DADE BEHRING MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR PARTICULAR PURPOSE. Neither party shall have any liability to the other parties (or their Assignee) for any special, consequential or incidental damages, and neither DBFS or its Assignee will be responsible to you for any problem or claim in connection with (i) the use, operation or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Tests. Dade Behring’s sole liability on any claim relating to performance of the Equipment and Tests, whether in cost, contract or warranty shall be limited to repairing or replacing the Equipment at its option. DBFS HAS NOT MANUFACTURED THE EQUIPMENT OR THE HEMOSTASIS PATIENT REPORTABLE TESTS AND EXPRESSLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO DESIGN, MERCHANTABILITY, OR FITNESS FOR ANY PURPOSE IN CONNECTION WITH THE EQUIPMENT OR THE TESTS. You will not make any claim against DBFS (or its Assignee) for any special, consequential or incidental damages, and neither DBFS nor an Assignee of DBFS will be responsible to you for any problem or claims in connection with (i) the use, operation or performance of the Equipment or Tests; (ii) any interruption of service, loss of business or anticipated profits; or (iii) the delivery, servicing maintenance, repair or replacement of the Equipment or Tests.

  • Failure to Satisfy Conditions If the Secured Party or its Custodian fails to satisfy any conditions for holding Posted Collateral, then upon a demand made by the Pledgor, the Secured Party will, not later than five Local Business Days after the demand, Transfer or cause its Custodian to Transfer all Posted Collateral held by it to a Custodian that satisfies those conditions or to the Secured Party if it satisfies those conditions.

  • Warranty and Limitation of Liability PBI PROVIDES YOU WITH THE LIMITED WARRANTIES IN SECTION 1. PBGFS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FREEDOM FROM INTERFERENCE OR INFRINGEMENT, AND PBGFS ISN’T LIABLE FOR ANY LOSS, DAMAGE (INCLUDING INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) OR EXPENSE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT.

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