WARRANTY; INTELLECTUAL PROPERTY. (A) For Goods other than iHydrant Goods, Seller warrants that Goods will be of the kind described in this Agreement and free from defects in material and workmanship under conditions of normal use. Seller reserves the right to make any modifications required by production conditions to information set forth in Seller’s catalogues and advertising literature. Seller will not be liable or responsible for (A) any defects attributed to normal wear and tear, erosion or corrosion, improper storage, use, or maintenance, or use of Goods with incompatible products, or (B) defects in any part of Goods manufactured by others. If (B) above is applicable, Seller will, as an accommodation to Buyer, assign to Buyer any warranties given to it by any such other manufacturers; provided, however, that the foregoing will not extend Seller’s warranty to any accessory products unless Seller specifically agrees in writing. All warranties are void if Goods are modified or used in conjunction with products or accessories not manufactured or approved by Seller or which are incompatible with Goods. This warranty does not cover failure of any part manufactured by others, failure of any part from external forces, including but not limited to corrosive soils, earthquake, installation, vandalism, vehicular or other impact, application of excessive torque to the operating mechanism, frost heave, or other Force Majeure. Any claim by Xxxxx with reference to Goods for any cause will be deemed waived by Xxxxx unless submitted to Seller in writing within ten (10) calendar days from the date Buyer discovered, or should have discovered, any claimed breach. Buyer will give Seller an opportunity to investigate. If Buyer gives prompt notice to Seller of any defect and an opportunity to inspect the alleged defect as provided above, Seller will, in its sole discretion, either: (i) repair the defective or nonconforming Goods; (ii) replace nonconforming Goods, or part thereof, which are sent to Seller by Buyer within sixty (60) calendar days after receipt of the Goods at Buyer’s plant or storage facilities; or (iii) if Seller is unable or chooses not to repair or replace, return the purchase price paid and cancel any obligation to pay unpaid portions of the purchase price of nonconforming Goods. In no event will any obligation to pay or refund exceed the purchase price paid. Repair and/or replacement as provided above will be shipped EXW (Ex-Works) Seller’s facility (Incoterms® 2020) unless otherwise a...
WARRANTY; INTELLECTUAL PROPERTY. Seller’s warranties for Goods and any post-installation services and rights in intellectual property and responsibility for infringement of intellectual property rights of others are as provided under the Products tab on Seller’s websites for the particular Goods being sold: and under the Warranty Statement tab at xxx.xxxxxxxx.xxx.
WARRANTY; INTELLECTUAL PROPERTY. Seller warrants that Goods will be of the kind described in this Agreement and free from defects in material and workmanship under conditions of normal use. Seller reserves the right to make any modifications required by production conditions to information set forth in Seller’s catalogues and advertising literature. The warranty period will be six (6) years from the date of purchase, except for the following products, which will be warranted for the following amounts of time:
(A) High performance extinguishers – twelve (12) years;
(B) Halon extinguishers, small vehicle systems, clean agent systems, gas calibration kits, gas calibration replacement items, and non- standard products manufactured by Seller to Buyer specifications – one (1) year;
(C) Halotron, CO2, and Water/Water-Based extinguishers – five (5) years;
(D) Kitchen systems, industrial systems, commercial vehicle systems, and gas detection systems – three (3) years; and
(E) Military vehicle and explosion suppression systems – two (2) years.
WARRANTY; INTELLECTUAL PROPERTY. 8.1 The Supplier warrants that, to the best of its knowledge, the Licensed Products do not infringe the IPR of any Third Party.
8.2 If the Client receives notice of a claim, whether threatened or actual, that any Licensed Product infringes or is alleged to infringe any IPR the Client must immediately notify Supplier in writing of that claim.
8.3 Supplier will, or Supplier will procure that the relevant Software Owner defends the Client against a claim that the Licensed Product infringes an IPR provided that:
(a) The Client notify Supplier in writing within 7 days of the claim.
(b) Either Supplier or the Software Owner, as relevant, have sole control of the defence and all related settlement negotiations.
(c) The Client, at the Client’s own expense, provides either Supplier or the Software Owner as relevant, with the assistance, information and authority necessary to perform Supplier obligations under this clause. Either Supplier or the Software Owner will reimburse the Client’s reasonable out-of-pocket expenses incurred in providing such assistance.
(d) Supplier will have no liability for any claim of infringement based on the use of a version of the Licensed Products if the infringement would have been avoided by the use of an update which Supplier provides to the Client.
8.4 Notwithstanding clause 8.2 above, the Supplier or the Software Owner will have no liability for any Loss or Claim arising as a result of:
(a) the use of other than the latest unaltered version of the Licensed Products or the computer’s operating system on which the Licensed Products is designed to operate;
(b) any modification (whether by alteration, deletion, addition or otherwise) to the Licensed Products or any Designated System on which the Licensed Products is installed, by persons other than the Supplier or its authorised representatives; or
(c) any integration or attempted integration or interoperation of the Licensed Products with any other software or equipment other than:
i. software or equipment supplied by the Supplier and expressly represented or designed to function in conjunction with and which integrates or interoperates with the Licensed Products; or
ii. the Application Package.
WARRANTY; INTELLECTUAL PROPERTY. The Company warrants that all goods, services, and materials sold or delivered to GRE shall not infringe any third-party copyright, patent, trade secret, trade name, service mxxx or otherwise infringe any third party intellectual property right. The Company shall indemnify GRE against any costs (including reasonable attorney’s fees and costs of settlement), liabilities, or judgments arising from any claim of copyright, patent, trade secret, trade name, service mxxx infringement or violation of any third party intellectual property right.
WARRANTY; INTELLECTUAL PROPERTY. 10.1 Seller warrants that the sale or use of the materials furnished hereunder will not infringe or contribute to the infringement of any patents, trademarks or trade names or embody any unauthorized use of trade secrets either in the United States or in foreign countries, and Seller covenants and agrees to indemnify and hold harmless Purchaser and its customers and the users of its products against any and all claims, demands, expenses and liabilities arising from or attributable to such infringement or unauthorized use of trade secrets. Seller shall have the right and, upon Purchaser's request, Seller shall have the obligation to defend at its own expense and at no expense to Purchaser any such claims or demands, in which case Purchaser may also be represented by its own counsel. If the sale or use of the materials is enjoined, Seller at its own expense and at Purchaser's option shall (1) procure for the Purchaser and its customer the right to continue using and selling the materials, (2) modify the materials so as to be non-infringing, (3) replace the materials with non-infringing material, or (4) refund the purchase price to Purchaser.
