Warranty Disclaimers and Limitation of Liability. Except as specifically set forth in this Agreement, Xxxxxxx XxXxxxxxx USE OF THE PORTAL, OR ANY CONTENT LOCATED THEREON OR PROVIDED IN CONNECTION THEREWITH, IS PROVIDED BY XXXXXXX XXXXXXXXX ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND; INCLUDING, WITHOUT LIMITATION, WARRANTIES REGARDING THE AVAILABILITY OF THE PORTAL WHEN DESIRED FOR USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. YOU AGREE THAT YOUR USE OF THE PORTAL IS AT YOUR SOLE RISK. Neither Xxxxxxx XxXxxxxxx nor its partners, agents, affiliates, or designees nor each of their respective officers, directors, employees, agents, contractors, subcontractors or the like (collectively, “Associates”) warrant that use of the Portal site will be uninterrupted or error-free. Under no circumstances shall Xxxxxxx XxXxxxxxx or its Associates be liable for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages that result from, arise out of or otherwise relate to your use of or inability to use the Xxxxxxx XxXxxxxxx Portal site, or any website linked to the Xxxxxxx XxXxxxxxx Portal site, including but not limited to reliance by You on any information obtained from the Xxxxxxx XxXxxxxxx Portal site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance, or any loss of profit, business interruption, loss of goodwill or data, or cost of procurement of substitute goods or services or other intangible loss suffered. Moreover, to the maximum extent permitted by applicable law, You further agree that Xxxxxxx XxXxxxxxx shall not be liable in any way should your information systems, data or software become infected, damaged, or destroyed by a virus or other harmful data that is a result of your use of the Portal. The Xxxxxxx XxXxxxxxx Portal utilizes industry accepted security systems in an attempt to eliminate unauthorized access to private information. By using the Xxxxxxx XxXxxxxxx Portal, You expressly agree to not hold Xxxxxxx XxXxxxxxx or its Associates liable in the event of unauthorized access and subsequent use of your company and/or personal information. The foregoing Limitation of Liability shall apply in any action, whether in contract, tort or any other claim, even if an authorized representative of Xxxxxxx XxXxxxxxx has been advised of or should have knowledge of the possibility of such damages.
Warranty Disclaimers and Limitation of Liability. 11a. THE SERVICES PROVIDED HEREUNDER ARE PROVIDED “AS IS” AND EXCEPT AS SET FORTH IN PARAGRAPH 10, BARCHART AND ITS AFFILIATES, INFORMATION SOURCES OR ANY OF THEIR RESPECTIVE LICENSORS, SPECIFICALLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE. BARCHART AND ITS AFFILIATES, INFORMATION SOURCES OR ANY OF THEIR RESPECTIVE LICENSORS, SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE. BARCHART MAKES NO WARRANTY OF ANY KIND THAT THE INFORMATION, SERVICES OR ANY PRODUCTS OR RESULTS OF THE USE THEREOF, WILL MEET CLIENT’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY OF CLIENT’S OR ANY THIRD PARTY’S SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. CLIENT EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT THE CLIENT'S SOLE RISK. 11b. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL BARCHART BE LIABLE TO CLIENT OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR OTHER INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SERVICES OR ANY BREACH OF ANY PROMISE OR WARRANTY HEREUNDER.
Warranty Disclaimers and Limitation of Liability. Installation Services. Subject to the conditions and limitations of liability stated herein, BIOSITE warrants for a period of thirty (30) days from performance of Service that Installation Services shall be performed in accordance with generally accepted industry standards.
Warranty Disclaimers and Limitation of Liability. 10.1 Except as explicitly set forth herein, neither Gulf International Bank – Saudi Arabia its affiliates or any of any such party’s equity holders, directors, officers, employees, agents, suppliers, licensors nor the like, makes any warranties of any kind, either expressed or implied, including, without limitation, (a) warranties of merchantability or fitness for a particular purpose, (b) that the Website will be error-free, (c) as to a minimum level of uptime for the Website, or (d) as to the results that may be obtained by Member by accepting these T&C and/or using the Website. Member agrees and acknowledges that the Website are licensed and/or provided hereunder on an “as is” basis. In addition, Member hereby agrees and acknowledges that: (i) Gulf International Bank – Saudi Arabia shall not be responsible for any actions taken by any other party using the Website or reviewing any of Member’s Posted Information. (ii) Gulf International Bank – Saudi Arabia does not recommend or endorse any third parties hereunder, and makes no representations or warranties whatsoever regarding any such third party. (iii Gulf International Bank – Saudi Arabia is not a party
Warranty Disclaimers and Limitation of Liability. 1. M-MOS warrants that delivered Products are free of defects in material and workmanship that cause the Products not to meet the material specifications agreed upon between M- MOS and Customer in writing. Within three (3) months from the date of delivery to the carrier, if Customer, (a) gives M-MOS written notice of any such defect in the Products (including a detailed description of the alleged defect, a copy of Customer’s failure analysis and sufficient information to track and evaluate the lots involved); (b) returns the Products to M-MOS after obtaining a return material authorization (RMA) in accordance with M-MOS’s standard procedures, and (c) M-MOS satisfied such Products are defective after inspection, then M-MOS shall at its sole option either repair, replace or credit Customer for such Products within a reasonable time.
Warranty Disclaimers and Limitation of Liability. Except as specifically set forth in this Agreement, Licensor makes no other representations of warranties, express or implied, including without limitation any warranty of merchantability or fitness for a particular purpose, with resect to the Quick Claim Portal. Licensee agrees that use of the Portal is at its own risk. The Quick Claim Portal is provided on an “as is” and “as available” basis. Neither Licensor (nor any of its agents or affiliates nor each of their officers, directors, employees, contractors, subcontractors or the like (“Associates”) warrant that use of the Quick Claim Portal will be uninterrupted or error-free. Under no circumstances shall Licensor or its Associates be liable for any direct, indirect, incidental, special, exemplary, punitive, or consequential damages that result from, arise out of, or otherwise relate to Licensee’s use of or inability to use the Quick Claim Portal, or any website linked to the Quick Claim Portal, including but not limited to reliance by Licensee on any information obtained from the Quick Claim Portal site that results in mistakes, omissions, interruptions, deletion or corruption of files, viruses, delays in operation or transmission, or any failure of performance, or any loss of profit, loss of goodwill or data, or cost of procurement of substitute goods or services or other intangible loss suffered. The Quick Claim Portal utilizes industry accepted security systems in an attempt to eliminate unauthorized access to private information. By using the Quick Claim Portal, Licensee expressly agrees to not hold Licensor or its Associate liable in the event of unauthorized access and subsequent use of Licensee’s company information or any related to its customers. The foregoing limitation of liability shall apply in any action, whether in contract, tort or other claim, even if an authorized representative of Licensor has been advised of or should have had knowledge of the possibility of such damages. Licensee agrees to defend, indemnify and hold harmless Licensor and any of its Associates from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from (1) Licensee’s use of and access to the Quick Claim Portal; (2) Licensee’s violation of any term or condition in this Agreement; or (3) Licensee’s violation of any right owed to a third party, including without limitation any copyright, property, or privacy right...
Warranty Disclaimers and Limitation of Liability. 11.1 THE EXPRESS WARRANTIES SET FORTH IN SECTION 11 OF THIS AGREEMENT ARE THE ONLY WARRANTIES WITH RESPECT TO THE PRODUCT AND ANY PART THEREOF. BMI AND ITS LICENSORS MAKE NO OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND EXPRESSLY DISCLAIM ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BMI AND ITS LICENSORS DO NOT WARRANT (a) THAT THE PRODUCT OR ANY PART THEREOF WILL BE FREE FROM DEFECTS, ERRORS OR BUGS, OR (b) THAT THE OPERATION OF THE PRODUCT WILL BE SECURE OR UNINTERRUPTED, OR (c) THAT THE PRODUCT WILL BE ABLE TO PROVIDE OR ATTAIN ANY FEATURES, FACILITIES, FUNCTIONS OR CAPABILITIES, OR (d) THAT ANY RESULTS OR INFORMATION THAT MAY BE DERIVED FROM THE USE OF THE PRODUCT WILL BE ACCURATE, COMPLETE, RELIABLE AND SECURE.
Warranty Disclaimers and Limitation of Liability. 30.1 THE EXPRESS WARRANTIES SET FORTH IN SECTION 11 OF THIS AGREEMENT ARE THE ONLY WARRANTIES WITH RESPECT TO THE PRODUCT AND ANY PART THEREOF. BMI AND ITS LICENSORS MAKE NO OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND EXPRESSLY DISCLAIM ALL OTHER WARRANTIES. INCLUDING WITHOUT LIMITATION. WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BMI AND ITS LICENSORS DO NOT WARRANT (a) THAT THE PRODUCT OR ANY PART THEREOF WILL BE FREE FROM DEFECTS, ERRORS OR BUGS, OR (b) THAT THE OPERATION OF THE PRODUCT WILL BE SECURE OR UNINTERRUPTED, OR (c) THAT THE PRODUCT WILL BE ABLE TO PROVIDE OR ATTAIN ANY FEATURES, FACILITIES, FUNCTIONS OR CAPABILITIES, OR (d) THAT ANY RESULTS OR INFORMATION THAT MAY BE DERIVED FROM THE USE OF THE PRODUCT WILL BE ACCURATE, COMPLETE, RELIABLE AND SECURE.
Warranty Disclaimers and Limitation of Liability. Installation Services. Subject to the conditions and limitations of liability stated herein, ASSA ABLOY warrants for a period of thirty (30) days from performance of Service that Installation Services shall be performed in accordance with generally accepted industry standards.
Warranty Disclaimers and Limitation of Liability. Installation Services. Subject to the conditions and limitations of liability stated herein, ASSA ABLOY warrants for a period of 30 days from performance of service that Installation Services shall be performed in accordance with generally accepted industry standards. Hardware. Subject to the conditions and limitations of liability stated herein, ASSA ABLOY warrants that the Hardware products will be free from material defects in materials and workmanship and will substantially conform to the applicable Documentation in effect as of the date of manufacture for a period of one (1) year from the date of shipment. No credits or refunds will be given for Hardware products that are returned incomplete or damaged. ASSA ABLOY shall not be required to perform any warranty repairs of the Hardware at a specific site. Customer shall be responsible for removing and reinstalling all the parts or components of the Hardware returned to ASSA ABLOY for repair under the warranty. Customer shall bear all risk of loss during the shipment of items and Hardware products returned to ASSA ABLOY. Customer shall be solely responsible for obtaining insurance on any and all items and Hardware products that are returned to ASSA ABLOY. All Hardware and systems that require online commissioning must be commissioned by a qualified and trained (in accordance with industry standards) professional technician/installer to be covered under ASSA ABLOY’s warranty.
