Warranty Liability. 4.1 UP42 warrants that it has sufficient ownership rights in the PRODUCT to make the PRODUCT available to the LICENSEE under the terms hereof.
Warranty Liability. 6.1 WACKER warrants solely that the PRODUCT delivered shall conform to the specifications set forth in Appendix A. Except for the warranty provided above, WACKER disclaims any and all other express or implied warranties with respect to the PRODUCT, and any warranty of merchantability or fitness for a particular purpose is expressly disclaimed.
Warranty Liability. 5.1. The commitments set out in Sections 2 and 4 above are Seller’s sole warranties in respect of the Product. ANY OTHER CONDITION OR WARRANTY AS TO THE QUALITY OF THE PRODUCT SUPPLIED UNDER THIS CONTRACT OR FITNESS FOR ANY PARTICULAR PURPOSE WHETHER ARISING UNDER STATUTE OR OTHERWISE, IS EXCLUDED.
Warranty Liability. 6.1 The Seller represents and warrants that: (i) the Goods shall comply with all specifications and requirements contained in the Order or agreed in writing between the Buyer and Seller; (ii) the Goods shall be state of the art and new; (iii) the Goods shall be fit for the particular purposes that such specific Goods will usually be expected to be used for; (iv) the Goods shall be free from defects in design, materials and workmanship; (v) the Goods shall satisfactorily comply with the performance requirements expected by the Buyer; and (vi) the Goods shall meet all applicable statutory requirements and standards, especially those relating to the environment, safety and health (individually “Warranty” and collectively the “Warranties”). Any representations or warranties relating to the Goods and included in the Seller's catalogues, brochures, proposals, sales literature and quality systems or otherwise made by the Seller to the Buyer (whether verbally or in writing) shall be binding on Seller. The Seller warrants the adequacy of the technical specifications of the Order to meet the specific needs of the Buyer, and the Seller acknowledges having examined those specifications thoroughly.
Warranty Liability. Unless otherwise stipulated under this point, the statutory provisions apply regarding redhibitory defects and defects of title. The supplier guarantees the use of the best material that is suitable for the purpose and correct and appropriate workmanship in keeping with the current status of science and technology. The supplier expressly guarantees that the goods sold conform with specimens, samples and descriptions provided by the supplier. The information given by the supplier in connection with sales discussions and in particular in catalogues, advertising documentation, public statements, data sheets and/or other product descriptions shall be regarded as the contractually agreed characteristics of products. In this context, the supplier also guarantees that the goods delivered possess the characteristics warranted or required by the contract and irrespective of this shall be accessible for the use preconditioned or possess the characteristics usual or expected for goods of the same type and quality. In the event of a defective delivery, we shall be entitled to demand rectification of defects and/or replacement supplies at no charge. Any expenditures that may arise from these, such as costs for transport, travelling, labour, material or costs for any goods inwards inspection exceeding usual scope of inspection shall be borne by the supplier. Should the supplier fail to comply with our written request to rectify defects within a reasonable period specified by us, we shall be entitled, at the cost of the supplier, to perform the required action ourselves or to arrange for such action to be taken by a third party. We shall be entitled to arrange for minor defects to be rectified immediately at the cost of the supplier. Should we exercise our right to rescind the contract, the goods shall be returned to the place of dispatch at the cost and risk of the supplier. We shall also be entitled to claim damages for non-performance as well as damages other than those to the delivery item itself to the extent that this is permissible by law. The period of limitation for claims for damages is 24 months commencing in the case of deliveries of goods with their transfer, in the case of contracts of work and services with acceptance, in each case at the time of the passage of risk. The supplier shall in all circumstances be liable to us for faults of whatever nature, in particular negligence of any type on the part of the supplier's employees, staff or other parties obli...
Warranty Liability. Schedule 3.24 contains a true and ------------------ complete description of (i) all warranties granted or made with respect to services rendered or products sold by the Company, and (ii) the Company's aggregate liability related to such warranties for each of the last three years.
Warranty Liability. DyeMansion does not warrant that operation of the Solution will be uninterrupted or error-free. DyeMansion will, however, during the Term resolve errors, problems or non-conformities of the Solution which are imputable to DyeMansion to keep the Solution operational in accordance with the service levels set forth in the Specifications Documents and License Terms. THE FOREGOING REMEDIES ARE EXCLUSIVE AND OTHERWISE THE SOLUTION AND ALL OTHER SERVICES OR DELIVERABLES ARE PROVIDED HEREUNDER “AS IS”, AND ANY FURTHER REPRESENTATIONS, GUARANTEES, OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, AS WELL AS ALL REMEDIES OF SIMILAR EFFECT, ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN NO EVENT SHALL DYEMANSION BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, A LOSS OF PROFIT, LOSS OF ORDERS, LOSS OF ASSUMED SAVINGS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL) ARISING OUT OF, OR IN CONNECTION WITH, THE CONTRACT, THE SOLUTION, OR ANY RELATED DYEMANSION DELIVERABLE OR SERVICE, WHETHER OR NOT DYEMANSION WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. DYEMANSION’S LIABILITY IN CONNECTION WITH THE CONTRACT, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, SHALL FURTHER BE SUBJECT TO AN AGGREGATE LIABILITY CAP FOR ALL BREACHES OCCURRING DURING A CONTRACT YEAR EQUIVALENT TO THE LOWER OF (A) 100% OF CHARGES PAID AND NOT REPAID UNDER THE CONTRACT DURING SUCH CONTRACT YEAR. THE FOREGOING SHALL NOT LIMIT A PARTY’S STATUTORY LIABILITY FOR WILLFUL MISCONDUCT OF ITS OFFICERS. IP and Analysis DyeMansion and its licensors reserve all intellectual property rights in and to the Solution and all deliverables as well as any other development or discovery DyeMansion may make in connection with consummation of the Contract. DyeMansion shall be entitled to analyze, with respect to the Solution, as well as any other deliverables and/or services of DyeMansion pursuant to the Contract, (a) the Customer’s feedback, (b) the Customer's usage, and (c) any data transmitted or generated by the Customer in connection with such usage, and to use the result of such analysis for the improvement and/or (further) development of its own products or services (e.g. by training AI algorithms), if and to the extent such use doe...
Warranty Liability. 8.1 In supplying any information or materials to any of the other Parties each Party undertakes to use all reasonable endeavours to ensure the accuracy thereof and (in the event of any error therein) promptly on being notified to correct the same, but the supplying Party shall be under no further obligation or liability in respect of the same, and no warranty condition or representation of any kind is made, given or to be implied in any case as to the sufficiency, accuracy of fitness for purpose of such information or materials, or the absence of any infringement of statutory monopoly or intellectual property rights of third parties by the use of such information and materials, and the recipient Party shall in any case be entirely responsible for the use to which it puts such information and materials.
Warranty Liability. 4.1 AIRBUS DS warrants that it has sufficient ownership rights in the PRODUCT to make the PRODUCT available to the LICENSEE under the terms hereof.
Warranty Liability. The Seller’s liability shall be limited to honoring the Seller’s published manufacturer’s warranty only with respect to defective goods, provide the Buyer provides written notice within the warranty period.
