Warranty Issues Sample Clauses

Warranty Issues. Where a breach of any of the warranties in Clauses 5.1 b) to 5.1 e), inclusive, (a “Warranty Issue”) arises, Kineo will (at its own cost) investigate the Warranty Issue and either, at Xxxxx’s discretion, resolve the Warranty Issue or terminate the Agreement and refund Charges paid in advance by the Customer in respect of any period following such termination, provided in all cases that: a) this shall be the sole and exclusive remedy of the Customer in relation to any Warranty Issues; b) nothing done in the resolution of Warranty Issues under this Clause shall operate to extend or otherwise modify the relevant warranty; c) the Developed Software, the Kineo Software and/or the Kineo System is being used by the Customer for the purposes contemplated in the Agreement, and in accordance with any specified assumptions, constraints and dependencies and, if applicable, with any Documentation; d) the Customer complies with its obligations under this Agreement; and e) no alteration has been made to the Kineo Software by anyone other than Kineo or by a person specifically approved and authorised in writing by Xxxxx to undertake such alteration.
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Warranty Issues. For a period of one year after substantial completion, the Project Management Contractor shall assist the DGS Project and the Client Agency in responding to any warranty issues that may arise, including coordinating any warranty work with the appropriate contractor.
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Warranty Issues. With respect to any work by Lessee (including, but not limited to, the Leasehold Improvements) that will affect the roof or any Building component that is under warranty, if any, Lessor shall provide a copy of such warranty to Lessee and Lessee shall review the warranty requirements and use the contractor providing the warranty (or a contractor permitted by the terms of the warranty). In connection with any such work, Lessee shall comply with all warranty requirements to prevent the warranty (or any portion of such coverage) from being diminished or invalidated. Lessee shall not begin any such work until Lessee shall have complied with the foregoing requirements and Lessee shall coordinate any entry on the roof and any work which affects the roof or any such Building components, as applicable, in advance with Lessor’s property manager.
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Warranty Issues. 16 21. Support..............................................................17 22. Documentation........................................................18 23. Training.............................................................18 24. Assignment of Intellectual Property Rights (IPR).....................18 25. Licences.............................................................19 26. Intellectual Property Warranty and Indemnity.........................
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Related to Warranty Issues

  • Warranty Exclusions The Limited Warranty in clauses 1.2 and 1.3 does not apply: a) if the Product was not purchased and installed in Australia; b) if You do not grant BYD or BYD Partner access to the performance data of the Product over the Internet upon request after reporting the warranty claim and/or manipulate such data; c) to wear and tear in the appearance of the Product (including but not limited to any scratches, stains, mechanical wear, rust or mould) which does not impair its function; d) to any damage to property or personal injury arising from any defect if the state of scientific and technical knowledge at the time when the Product is sold to Original Buyer was not such as to enable the defect to be discovered; e) if the invoice for the Product and the information listed in clause 4 below is not provided with the warranty claim; or f) if the serial number on the Product can no longer be identified or has been modified.

  • Warranty Grantee warrants that all work under this Grant Agreement shall be completed in a manner consistent with standards under the terms of this Grant Agreement, in the applicable trade, profession, or industry; shall conform to or exceed the specifications set forth in the Grant Agreement; and all deliverables shall be fit for ordinary use, of good quality, and with no material defects. If System Agency, in its sole discretion, determines Grantee has failed to complete work timely or to perform satisfactorily under conditions required by this Grant Agreement, the System Agency may require Grantee, at its sole expense, to: i. Repair or replace all defective or damaged work; ii. Refund any payment Grantee received from System Agency for all defective or damaged work and, in conjunction therewith, require Grantee to accept the return of such work; and, iii. Take necessary action to ensure that Xxxxxxx’s future performance and work conform to the Grant Agreement requirements.

  • Warranty of Title Seller warrants that at the time of signing this Agreement, Seller neither knows, nor has reason to know, of the existence of any outstanding title or claim of title hostile to the rights of Seller in the goods.

  • 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

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