Warranty Remedies. Contractor acknowledges that all warranties granted to the Department by the Uniform Commercial Code of the State of Utah apply to the Contract. Product liability disclaimers and/or warranty disclaimers from Contractor are not applicable to the Contract. For any goods or service that the Department determines does not conform with this warranty, the Department may arrange to have the item repaired or replaced, or the service performed either by Contractor or by a third party at the Department's option, at Contractor's expense. If any item or services does not conform to this warranty, Contractor shall refund the full amount of any payments made. Nothing in this warranty will be construed to limit any rights or remedies the Department may otherwise have under the contract.
Warranty Remedies. Customer shall notify Service Provider without undue delay of any alleged Defects of the Service in writing, including a description of the alleged Defect, where the term Defect shall mean a material deviation of the warranty pursuant to section 7.1 above. All legitimate Defects will be cured by the Service Provider within a reasonable time as set forth by Service Provider; Service Provider may decide at its sole discretion whether to cure a given Defect by means of repair (e.g. workaround) or replacement delivery. Service Provider may also cure a Defect by using remote means and for this purpose may remotely access Customer Data, systems and/or devices. If Service Provider is unable to cure the Defect within the reasonable time, the Customer may (i) request a reasonable reduction of the Subscription Fee for the Services or (ii), if Service Provider has failed to cure the same Defect for two consecutive times within the reasonable time, either Party may terminate the Agreement with immediate effect. In such case, Customer may also claim damages subject to section 8.
Warranty Remedies. 1. After receipt of proper written notice of the claim, Mohawk Group may designate a representative to inspect the carpet with the Owner’s representative.
2. Subject to the above warranty limitations and Owner’s obligations, Mohawk Group shall, at its sole discretion, repair or replace the affected carpet or refund the proportional purchase price for the affected area.
3. Any replacement will be made with a comparable product selected by Mohawk Group from the current Mohawk Group running line. However, Mohawk Group’s obligation shall not include the reimbursing of any indirect costs or incidental or consequential damages, however incurred. By way of example and not limitation, damages arising from the interruption of use of the spaces affected or expenses in removing furniture or equipment from the affected area shall not be included in its obligation.
4. The remedies provided in connection with this limited warranty are expressly in lieu of any other remedies provided under any other express or implied warranty, INCLUDING ANY WARRANTY BY MODEL OR SAMPLE AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, and of any other obligation on the part of Mohawk Group. This warranty supersedes any additional or inconsistent warranty(ies) set by the dealer, Owner, or any third party. In no event shall Mohawk Group be liable for any incidental or consequential damages. No modification of this warranty shall be effective unless in writing and signed by an authorized representative of Mohawk Group.
Warranty Remedies. 9.1 In the event of breach of any of the warranties in clause 8.1 and 8.2, and without prejudice to any other rights or remedies available to the Buyer (including Buyer’s indemnification rights hereunder), Supplier will, at Buyer’s option and Supplier’s expense, refund the purchase price for, or correct or replace the affected Goods, or re-perform the affected Services, within ten (10) days after notice by the Buyer to Supplier of warranty breach.
9.2 All associated costs, including costs of re-performance, costs to inspect the Goods and/or Services, transport the Goods from Buyer to Supplier, and return shipment to Buyer, and costs resulting from supply chain interruptions, will be borne by Supplier.
9.3 If the Goods are corrected or replaced the warranty in clause 8.1 will continue as to the corrected or replaced Goods for a further Goods Warranty Period commencing on the date of Acceptance of the corrected or replaced Goods by Buyer. If Supplier fails to repair or replace the Goods within the time periods required above, Buyer may repair or replace the Goods at Supplier’s expense.
9.4 In the event that any Goods provided by Supplier to Buyer are subject to a claim or allegation of infringement of Intellectual Property Rights of a third party, Supplier shall, at its own option and expense, without prejudice to any other rights or remedies of the Buyer (including Buyer’s indemnification rights hereunder), promptly provide Buyer with a commercially reasonable alternative, including the procurement for the Buyer of the right to continue using the Goods in question, the replacement of such Goods with a non-infringing alternative satisfactory to the Buyer, or the modification of such Goods (without affecting functionality) to render them non-infringing.
Warranty Remedies. 1. After receipt of proper written notice of claim, The Mohawk Group will designate a representative to inspect the carpet with the Owner’s representative and The Mohawk Group will meet all warranty obligations.
2. Subject to any monetary adjustment as may be agreed upon in writing by The Mohawk Group, and subject to the above warranty limitations and Owner obligation, The Mohawk Group shall repair or, in its sole discretion, replace any designated carpet sold by it containing a defect covered by the above Sentry Plus Limited Warranty, at no expense to the Owner.
3. Any replacement will be made with a comparable product selected by The Mohawk Group from the then current Mohawk Group running line. However, The Mohawk Group’s obligation shall not include the reimbursing of any indirect costs or incidental or consequential damages, however incurred. By way of example and not limitation, damages arising from the interruption of use of the spaces affected, nor expenses in removing furniture from the affected area be included in our obligation.
4. The remedies provided in connection with the Sentry Plus Limited Warranty are expressly in lieu of any other remedies provided under any other express or implied warranty, INCLUDING ANY WARRANTY BY MODEL OR SAMPLE AND ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS, and of any other obligation on the part of The Mohawk Group. This limited warranty supersedes any additional or inconsistent warranty(s) set by dealer, owner, or any third party. In no event shall The Mohawk Group be liable for any incidental or consequential damages. No modification of this limited warranty shall be effective unless in writing and signed by a Representative of The Mohawk Group authorized to do so. Please Note: Some States do not allow the exclusion or limitation of incidental or consequential damages or limitations on how long an implied warranty lasts. The above limitation or exclusion may not apply to you. You have legal rights under this warranty. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state. Except for these rights, the remedies provided under this warranties state the limit of Mohawk Carpet Corporation responsibilities.
Warranty Remedies. During the applicable warranty period for a product, Buyer shall promptly provide written notification to Seller of any defect covered by Seller’s warranty, and in no event later than thirty (30) days after discovery of any such defect. Buyer’s notice must identify the specific product subject to warranty claim and the nature of the discovered defect. No product will be accepted for return or replacement without written acknowledgement and authorization of Seller. Upon such authorization, and in accordance with Seller’s packing and shipping instructions, the product will be returned with transportation and insurance fully prepaid by Buyer.
Warranty Remedies. Following notice of any defect and submission of a Warranty Claim, Products deemed by Krown Lab, Inc. to be defective in material or workmanship will be, at Krown Lab, Inc.’s option, replaced, repaired, or credited for its original purchase price provided that Buyer returns such Product in accordance with Krown Lab, Inc.’s instructions. If Krown Lab, Inc. decides to do a product replacement, Krown Lab, Inc. reserves the right to replace with what Krown Lab, Inc. determine to be the most similar Product available in its current Product offering.
Warranty Remedies. Upon breach of the hardware or software warranty, Contractor will repair or replace (at no charge to DTS) the Goods or Custom Deliverables whose nonconformance is discovered and made known to Contractor. If the repaired and/or replaced products prove to be inadequate, or fail to meet the performance of its essential purpose, Contractor will refund the full amount of any payments that have been made for the failing products. The rights and remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or equity.
Warranty Remedies. As Customer's exclusive remedy and PeopleGuru’s sole liability for breach of the warranty set forth in Section 7.1, PeopleGuru shall correct the non-conforming Service at no additional charge to Customer or, in the event PeopleGuru is unable to correct such deficiencies after good-faith efforts, PeopleGuru shall refund Customer amounts paid that are attributable to the defective Service from the date PeopleGuru received such notice. To receive warranty remedies, Customer must promptly report deficiencies in writing to PeopleGuru, but no later than thirty (30) days of the first date the deficiency is identified by Customer.
Warranty Remedies. In no event shall M-DCPS be liable to the Student, Parent or any other person for any damages, including any incidental or consequential damages, expenses, lost profits, lost savings, or other damages arising out of the use of or inability to use the mobile device computer.
