Warranty of Products. Contractor warrants that the products supplied conform to the specifications requested, are fit and sufficient for the purpose manufactured, are of good material and workmanship, and are free from defect. The length of warranty may vary by product. Contractor further warrants that the products are new and unused and of the latest model or manufacture, unless the Department specifies otherwise. Contractor acknowledges that exceptions will be rejected.
Warranty of Products. Contractor warrants that the products supplied conform to the specifications requested, are fit and sufficient for the purpose manufactured, are of good material and workmanship, and are free from defect for a period of 30 days from the date of shipment. The length of warranty may vary by product. Contractor further warrants that the products are new and unused and of the latest model or manufacture, unless State specifies otherwise. Contractor acknowledges that exceptions will be rejected.
Warranty of Products. The Company has not made or given any express warranty or guaranty with respect to any products manufactured or sold by the Company except as set forth in Schedule 5.27.
Warranty of Products. Vodavi expressly warrants that the Products sold to Fujitsu will be free of defects in materials and workmanship under normal use and service for the warranty period in accordance with the terms and conditions set forth in Exhibit F attached hereto. Repair and/or replacement of Products by Vodavi shall be as provided in Exhibit F attached hereto. Any delivery of Products under this Agreement shall meet Federal Millennium Certification Standards, which require that the Products delivered under this Agreement shall operate accurately in the manner in which they were intended as it relates to date related operations when given a valid date containing century, year, month and day. VODAVI MAKES NO WARRANTY OTHER THAN THE ONE SET FORTH IN EXHIBIT F ATTACHED HERETO. THE WARRANTY SET FORTH THEREIN IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY EXPRESSED OR IMPLIED WARRANTY OF MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OR AGAINST INFRINGEMENT, AND IT CONSTITUTES THE ONLY WARRANTY MADE WITH RESPECT TO THE PRODUCTS COVERED BY THESE TERMS AND CONDITIONS. IN NO EVENT SHALL VODAVI BE LIABLE FOR LOSS OF ANTICIPATED PROFITS, INCIDENTAL OR CONSEQUENTIAL DAMAGE, LOSS OF TIME, OR OTHER LOSSES INCURRED BY FUJITSU IN CONNECTION WITH THE PURCHASE, POSSESSION, OPERATION, OR USE OF THE PRODUCTS, SUCH CLAIMS BEING HEREBY EXPRESSLY WAIVED BY FUJITSU.
Warranty of Products. MATERIALS / EQUIPMENT ("PRODUCTS")
3.1 The SUPPLIER will be responsible for the quality of the PRODUCTS supplied, for the hidden defects, for the vices and for the eviction, replacing them, without any burden to MAGNESITA, of whatever nature, when it presents any defect or does not correspond to the specification contracted, even if such defect is verified after the receipt of the PRODUCTS by MAGNESITA.
3.2 The SUPPLIER warrants that every PRODUCT will be supplied without defects of any nature. In the event of any repairs or repairs, the SUPPLIER shall carry them out without charge to MAGNESITA and in accordance with the adjusted deadline, and the SUPPLIER's refusal to repair or replace them, MAGNESITA shall carry out the repair or replacement, the SUPPLIER being responsible for the cost incurred by MAGNESITA, without prejudice to the fines and other applicable sanctions, and MAGNESITA may reimburse these costs with the credits of any payment eventually due by MAGNESITA to the SUPPLIER based on any commercial relationship maintained with the SUPPLIER.
3.3 If the guarantee deadlines for the materials ordered are not expressed in the PURCHASE ORDER, the following are fixed:
3.3.1 Thirty-six (36) months for durable goods, upon receipt of materials.
3.3.2 Twelve months (12) months for non-durable goods, upon receipt of materials.
Warranty of Products. 18 5.28. Individual Representations and Warranties of the Stockholders ...................... 18 5.29. Disclosure ......................................................................... 19
Warranty of Products. Contractor warrants that the products supplied conform to the technical specifications that accompany the products which are available on the Contractor’s website at xxxxx://xxx.xxxxxxxxxxx.xxx/products.html, are fit and sufficient for the purpose manufactured, are of good material and workmanship, and are free from defect for a period of three (3) years for hardware products and ninety (90) days for the operating software is the manufacturer and shall transfer all manufacturer warranties covering the Goods and Services, if any, transferred to the Participating Entity at time of delivery at no charge.
Warranty of Products. Atlantis and Potter represent and warrant that all of the products to be supplied to KAA hereunder shall be manufactured in accordance with industry standards all applicable governmental rules and requirements and shall be fit for the use intended. Atlantis and Potter agree to indemnify and hold KAA and all of its affiliates harmless from and against any claim that the products do not comply with industry standards. Atlantis and Potter further agree to obtain product liability insurance in amounts requested by KAA with respect to product liability and other matters arising out of the manufacture and providing the products to KAA by Atlantis.
Warranty of Products. Section 4.27. Individual Representations and Warranties of the Stockholders Section 4.28. Disclosure
Warranty of Products. A. Manufacturer warrants to Distributor that the Products will be free from defects in material and workmanship for a period of twelve (12) months from the date of completion, but in no event shall the warranty period extend beyond fifteen (15) months after the date of original shipment. This Products warranty is extended to Distributor only. The warranty may not be passed through to Distributor’s customer. Manufacturer warranty to retail Customer (“Original Purchaser”) is governed under the warranty terms specified on product brand website and/or the warranty information as included with the products at the original time of purchase, which may change from time to time.
B. The sole responsibility of Manufacturer under the foregoing warranty shall be limited, at its option, to the repair or replacement, Ex-Factory of defective parts returned prepaid by Distributor. Replacement parts supplied by Manufacturer will be guaranteed for the remainder of the warranty of Products period or ninety (90) days from date of shipment from factory, whichever is greater.
C. All Manufacturer warranties hereunder are conditioned upon proper use of the Products in the application for which they are intended, and no warranty shall apply to: (i) any Product modification, installation, service or repair made by or on behalf of Distributor, other than by Manufacturer, without the written approval of Manufacturer or (ii) Products damage caused by accident, neglect, or any cause other than ordinary use.
D. THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED (INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE). REPAIR OR REPLACEMENT IN THE MANNER PROVIDED ABOVE SHALL BE THE SOLE AND EXCLUSIVE REMEDY OF PURCHASER FOR BREACH OF WARRANTY AND SHALL CONSTITUTE THE FULFILLMENT OF ALL LIABILITIES OF MANUFATURER WITH RESPECT TO THE QUALITY AND PERFORMANCE OF THE PRODUCTS.
E. Manufacturer shall not be liable (including due to negligence and strict liability), to Distributor or to Distributor’s customer for loss or damage to property of Distributor, customer or other parties, loss of use, loss of revenues or profits, or for any special indirect, incidental or consequential damage whatsoever.
