Warranty on Products Sample Clauses

Warranty on Products. Company warrants that the Products will operate substantially in accordance with Company's documentation. Purchaser must make any claim by Purchaser that a Product is defective within the Inspection Period as hereinbefore provided. Company's sole obligation in this regard will be to use reasonable efforts to, at its option and at its own expense, correct or replace any error which Company can recreate which significantly affects performance in accordance with the documentation, provided the error is not caused in whole or in part by (i) any defect in or failure to function in accordance with applicable manufacturer's specifications of any or any portion of Purchaser's or any person's hardware, firmware, peripheral equipment, communication device, application, program or other software or equipment used in connection with the Products, (ii) any modification made to the Products by anyone other than Company, (iii) the failure of Purchaser or any person to follow the most current instructions promulgated by Company, from time to time, with respect to the proper use of the Products, (iv) the negligence of Purchaser or any person, or (v) any cause within the control of Purchaser or Purchaser's Customer. Purchaser will provide and will ensure that Purchaser's Customer provides Company with its full cooperation in a timely manner to allow Company to fulfill its obligations under this section. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, REPRESENTATIONS AND CONDITIONS, WRITTEN, ORAL, EXPRESS OR IMPLIED, IN FACT OR IN LAW INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES, REPRESENTATIONS OR CONDITIONS CONCERNING DESIGN, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR OR A GENERAL PURPOSE ALL OF WHICH ARE, TO THE EXTENT PERMISSIBLE BY LAW, HEREBY EXPRESSLY EXCLUDED AND DISCLAIMED. COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL LOSSES, EVEN IF NOTIFIED OF THE POSSIBILITY OF SUCH LOSSES.
Sample 1
AutoNDA by SimpleDocs
Warranty on Products. 8.1 FUNK warrants that the Products will conform to the specifications, drawings, or other descriptions which are provided by CLARX xx FUNK identified in Exhibit 5, attached and incorporated by reference herein, and will be of good material and workmanship, and free from defects. For purposes of this Agreement, any failure of a Product to be as warranted is referred to as a "Defect." The warranty in this Section 8 extends to the future performance of the Products in CLARX xxxducts into which the Products are incorporated. CLARX xxx FUNK xxxee that CLARX xxx, at any time hereafter, revise or otherwise modify the aforesaid specifications identified in Exhibit 5. CLARX xxxll be responsible for all the costs of such modifications. 8.2 If any Defect as defined in Section 8.1 of this Agreement is discovered in a Product prior to shipment from CLARX'x xxxation to a dealer or customer, FUNK, at FUNK's option, will either supply CLARX xxxh repaired or replacement Product at no charge or, if the Product can be repaired by CLARX, xxquest CLARX xx repair the Product and pay or reimburse CLARX xxx replacement Parts or Products and for labor at an initial rate of $32 per hour for CLARX xx correct the defect. This rate is subject to increase by mutual agreement of the parties. For purposes of warranty claims on Products pursuant to this Section 8, charges for labor performed in a calendar year will be based on CLARX'x "Xxandard Times Guide" for warranty labor effective as of 1 January of each calendar year. 8.3 If any Defect as defined in Section 8.1 of this Agreement is discovered in a Product after it has been delivered as part of an industrial truck to a dealer within twelve (12) months after the date of delivery to the first retail purchaser, or in the first 2,000 hours of use, whichever occurs first, FUNK will pay or reimburse CLARX xxx the Spare Parts at FUNK spare part pricing plus 20% for handling by CLARX xxx CLARX dealers and labor (including any travel costs at an initial flat rate of $64.00 per warranty claim) required to correct the defect. This rate is subject to increase by mutual agreement of the parties. This obligation will end eighteen (18) months after passing of risk per Section 4.2 herein. 8.4 If any Defect as defined in Section 8.1 of this Agreement is discovered in a Product at any time which poses a hazard which may cause personal injury or property damage, the parties shall meet as soon as possible to discuss such matter. CLARX xxx FUNK shall us...
Sample 1
Warranty on Products. Droople warrants to Customer that any Products manufactured by Droople that are sold to Customer shall be free from Major Defects in Product and workmanship as may be required for normal use for a warranty period of 2 years following the Delivery of such Products. Droople’s sole liability under the warranty on the Products shall be, at Droople’s option, to either (i) replace or repair the defective Product(s) or (ii) refund or credit the Fee(s) to Customer. This Section 7.4 sets forth Customer’s exclusive remedy for a Defect and is subject to timely notice in accordance with Section 7.3. Any oral or written statement concerning the Products inconsistent with the limited warranty set forth herein or in the relevant Agreement shall be of no force or effect. This warranty covers Products exclusively and is contingent on Customer’s payment in full of the applicable Fees.
Sample 1
Warranty on Products. 6 7 8.1 FUNK warrants that the Products will conform to the specifications, drawings, or other descriptions which are provided by CLARX xx FUNK identified in Exhibit 5, attached and incorporated by reference herein, and will be of good material and workmanship, and free from defects. For purposes of this Agreement, any failure of a Product to be as warranted is referred to as a "Defect." The warranty in this Section 8 extends to the future performance of the Products in CLARX xxxducts into which the Products are incorporated. CLARX xxx FUNK xxxee that CLARX xxx, at any time hereafter, revise or otherwise modify the aforesaid specifications identified in Exhibit 5. CLARX xxxll be responsible for all the costs of such modifications.
Sample 1
Warranty on Products. PIC represents and warrants that all Products including all parts, components and materials incorporated therein, will be ***. All Products will be produced in accordance with and will conform to the Product Specifications.
Sample 1
Warranty on Products. 6.1 Within thirty (30) days of invoice date or prior to shipment of a Product from Buyer's location to a dealer or customer, whichever comes first, Buyer may notify Seller's designated representative of substantial defects in such Products. Subject to the written approval of Seller's designated representative, Seller will make arrangements for corrections to such Products which Seller deems appropriate at Seller's expense. The above warranty is in lieu of all other warranties for Products or Parts, express or implied, and states Seller's entire obligation with respect to defects or nonconformities in Products or Parts. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. Seller shall not be liable for incidental, special or consequential damages for this warranty or any other reason whatsoever. 6.2 Seller will, after net amounts for each and every invoice to Buyer are computed for Products and Parts (such net amounts shall be arrived at by applying the discounts set forth in Schedule 1 for Products and the discount set forth in Section 5.3 for Parts), extend a warranty allowance as provided in Schedule 3, and the resulting amount will be the final net amount of the invoice. The parties agree to review Buyer's warranty payments to its dealers and customers for Products and Parts (based on Buyer's standard warranty in effect on the date of this Agreement) every six (6) months. The parties agree that should Buyer's net warranty payments be greater or less than the warranty allowances provided in Schedule 3 for the relevant Products and Parts, the parties will negotiate in good faith to adjust the standard warranty allowance. Warranty payments shall be defined as the sum of all warranty repair labor as allowed within Buyer's standard rate guide and all other associated costs (including travel), plus Buyer's net purchase price for parts used in the warranty repairs, based upon Buyer's standard warranty in effect on the date of this Agreement. 6.3 The parties agree that the warranty allowance provided by Schedule 3 will be used by Buyer to cover all costs
Sample 1
Warranty on Products. A. Accord warrants to PictureTel that, for a period of 12 months from the date of installation or 15 months from the Ship Date of Product shipment to PictureTel, whichever is shorter (the "Warranty Period"), the hardware (i) shall be free from defects in material and workmanship, (ii) are free of all liens and encumbrances, and (iii) conform to Accord's published applicable specifications, drawings, samples, and descriptions. Software Products (i) shall be free from defects in material and workmanship, (ii) are free of all liens and encumbrances, and (iii) conform to Accord's published applicable specifications, drawings, samples, and descriptions for a period of ninety (90) days from acceptance. Accord also warrants that for ninety (90) days from the date of acceptance, all hardware, software and documentation that is held in stock at the PictureTel stocking center that is not at the current shipping levels shall be upgraded by the Accord to the current shipping revision at no cost to PictureTel. Accord further warrants that it has the right to convey the Products. These warranties shall survive any inspection, delivery, payment, or termination of this Agreement. Within thirty (30) days of the Effective Date the parties will agree on an acceptable installation notification procedure. B. Accord warrants that the date data contained in any product will (i) accurately and unambiguously reflect the date, (ii) include an indication of century in each instance, and (iii) not result in the abnormal termination of any PictureTel software function. Accord will provide PictureTel with test results that indicate that the products are Year 2000 Compliant (as define below), and provide reasonable assistance as PictureTel requests. In addition to Product warranties, Accord warrants that its internal IT systems relating to manufacturing and ordering under the Agreement are Year 2000 Compliant and that Accord has a contingency plan in place in the event such internal systems are not Year 2000 Compliant so that the production, ordering or shipment of Products to PictureTel will not be interrupted. PictureTel defines Year 2000 Compliance as: (i) No value for current date will cause any interruption in operation (General Integrity). (ii) Date-based functionality must behave consistently for dates prior to, during, and after the year 2000 (Date Integrity). (iii) In all interfaces and data storage, the century in any date must be specified either explicitly or by unambiguous ...
Sample 1
AutoNDA by SimpleDocs
Warranty on Products 
Sample 1Sample 2

Related to Warranty on Products

  • Manufacturer’s Warranty The Goods include the manufacturer’s standard limited parts warranty to replace defective parts covered under such warranty exclusive of labor. Labor is warranted by the Elevator Contractor for 90 days following installation. The manufacturer’s parts warranty may require that the Goods be maintained throughout the warranty period by an authorized manufacturer’s representative under a separate maintenance contract. Any warranty is conditioned on written notice to the Elevator Contractor within warranty period and contingent upon receipt of final payment to Elevator Contractor.

  • Product Warranty and Product Liability Set forth in Schedule 3.14 of the Disclosure Schedule is a true, correct and complete copy of the Company's standard warranty or warranties for sales of its products.

  • Manufacturer’s Warranties If a Lease Vehicle is covered by a Manufacturer’s warranty, the Lessee, during the Vehicle Term for such Lease Vehicle, shall have the right to make any claims under such warranty that the Lessor could make.

  • Manufacturer Warranties Prior to the transfer to the Interconnected Transmission Owner of title to the Transmission Owner Interconnection Facilities built by the Interconnection Customer, the Interconnection Customer shall produce documentation satisfactory to the Interconnected Transmission Owner evidencing the transfer to the Interconnected Transmission Owner of all manufacturer warranties for equipment and/or materials purchased by the Interconnection Customer for use and/or installation as part of the Transmission Owner Interconnection Facilities built by the Interconnection Customer.

  • SOFTWARE PRODUCT LICENSE The SOFTWARE PRODUCT is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The SOFTWARE PRODUCT is licensed, not sold.

  • Customer Warranty Customer’s and its End Users’ use of the Services must always comply with all applicable Laws and this Agreement.

  • Use of Recycled Products Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

  • Product Warranty Seller provides general warranties of fitness and general warranties that the goods are free from defects, for 1 year from acceptance of the goods, except as may otherwise be set forth in the Description/Proposal, or other attached warranty.

  • Use of Products 3.28.1 In the performance of this contract, Consultant shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired (i) competitively within a timeframe providing for compliance with the contract performance schedule; (ii) meeting contract performance requirements; or (iii) at a reasonable price. 3.28.2 Consultant shall abide by the list of EPA-designated items available on EPA’s Comprehensive Procurement Guidelines web site: xxxxx://xxx.xxx.xxx/smm/comprehensive-procurement-guideline-cpg-program.

  • Supplier Warranties The warranties made by Supplier with respect to each Product are solely those that are contained in the product insert accompanying such Product. No other affirmation of fact or promise made by Distributor or its Suppliers, whether or not in this Agreement, by words or action shall constitute a warranty. The foregoing warranty does not extend to any Product that is modified or altered, or treated with abuse, negligence or other improper treatment. Standard Limited Warranty. Distributor shall pass on to Subdistributor so that it may pass on to the customers the Supplier’s standard limited warranty for Products, including limitations set for in subsection (b) Limitation of Liability and Warranty below. Except for the stated warranty set forth on, or included with, the Products as delivered to the Subdistributor and /or its customers, the warranty and remedy set forth in this 0 are exclusive and all other warranties, guarantees or representations, express or implied, by Distributor’s Suppliers with respect to the applicable Products, including, without limitation, warranties of merchantability and fitness for particular purpose, and any other obligation or liability of Distributor and its Suppliers to Subdistributor or to any third party with respect to the Products, are hereby excluded. This warranty is contingent upon proper use of a Product in the application for which such Product was intended and does not cover Products that were modified without Distributor or its Supplier’s prior written approval, that have expired or that were subjected to physical, chemical or electrical stress that the products were not originally designed for.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!