WARRANTY, WARRANTY AND POST-WARRANTY SERVICE Sample Clauses

WARRANTY, WARRANTY AND POST-WARRANTY SERVICE. The Work shall be deemed to be defective if its implementation or its parts fail to correspond to the results defined herein. The Contractor shall be liable for any defects on the Work or any of its parts at the time of its handover and acceptance, as well as for defects that may be discovered on the Work or its parts during the entire warranty period (quality guarantee). The Contractor shall provide quality guarantee for the Technology for 500 hours of operation at full cooling power. Any requests to remove defects on the Work or its part during the warranty period shall be exercised in writing by the Client against the Contractor without undue delay after such were discovered, no later than on the last day of the warranty period (hereinafter the “Warranty Claim”). Warranty Claim transmitted by the Client even on the last day of the warranty period shall be deemed to have been exercised in time. The Contractor undertakes to review all submitted Warranty Claims, notify the Client whether he recognizes the claim, and inform the Client in writing on the deadline for the removal of the defect within two weeks of the date on which the claim was delivered to him by the Client. The Contractor undertakes to remedy any claimed defects on the Work or its parts free of charge and without undue delay. The maximum period for the removal of a defect shall be 30 business day from the date the Warranty Claim was notified to the Contractor, unless the Client and the Contractor agree otherwise and the nature of the defect makes it possible. The Contractor shall be obliged to remove defects on the Work also in instance when the Contractor is of the opinion that he is not liable for such defects. Cost accrued in connection with the removal of defects in these disputable cases shall be borne by the Contractor until such dispute is resolved. Removal / remedy of claimed defect shall be subject to a protocol in which the Contractual Parties confirm the defect’s removal. The warranty period shall extend by any period that passed between the claim notification and removal of the defect. Service outside the existing warranty shall be understood as removal / remedy of defects during the warranty period in cases where the Contractor has no obligation to remove / remedy the defects within the framework of the warranty itself. Service outside the existing warranty is subject to services provided within the framework of Deliverable D9. Acts of the Contractual Parties shall constitute cl...
Sample 1See All (4)
AutoNDA by SimpleDocs
WARRANTY, WARRANTY AND POST-WARRANTY SERVICE. 6.1. The Object of Purchase has defects if it or its any part does not correspond to the result set forth in this Agreement. 6.2. The Seller shall be liable for any defects of the Object of Purchase or any part thereof at the time of their handover and takeover, and shall also be liable for any defects of the Object of Purchase or any part thereof found during the entire warranty period (quality warranty). 6.3. The Seller guarantees that in the course of the warranty period, the Object of Purchase shall have properties laid down in this Agreement, applicable legal regulations and standards and usual properties, if applicable. 6.4. The Seller provides a quality warranty on the Object of Purchase and all its parts of twenty-four (24) months, except conditions stipulated in the Technical Specification (see Article 3.14). The warranty period for the Object of Purchase (i.e., the Product including all its individual parts taken over by the Buyer) shall start on the day of the signature of the Handover Protocol of Acceptance by both Parties in compliance with this Agreement. If the Handover Protocol of Acceptance lists any deficiencies, the warranty period shall begin on the day, which follows the day, in which the last deficiency was removed. In order to avoid any doubt, the Parties declare that the warranty period for the Object of Purchase shall start on the day of the signature of the Handover Protocol of Acceptance or on the day of the signature of the last Individual Part Handover Protocol of Acceptance, after which the delivery of the Object of Purchase is completely handed over. 6.5. The Seller shall pass any existing components warranty to the Buyer along with acceptance of the Handover Protocol of Acceptance. If on the warranty list or other document submitted by the Seller the warranty period is of longer duration, then this longer warranty period shall have priority over the period stated in this Agreement. 6.6. The Buyer shall request the Seller to remove the defects of the Object of Purchase or any part thereof during the warranty period in writing without undue delay upon their discovery, but no later than on the last day of the warranty period (hereinafter the "Claim"). Even the Claim asserted by the Buyer on the last day of the warranty period is considered to have been asserted in due time. 6.7. The Seller undertakes to arrive to examine the Claim, notify the Buyer of whether or not he accepts the Claim, and provide in writing the deadline for ...
Sample 1

Related to WARRANTY, WARRANTY AND POST-WARRANTY SERVICE

  • Warranty Service In-home 07/13

  • Service Warranty Provider has carefully examined and analyzed the provisions of this Agreement, including but not limited to all exhibits attached and incorporated into it, and can and will perform, or cause, the Services to be performed in strict accordance with the provisions and requirements of the Agreement. Services will be performed in a timely, professional and workmanlike manner in accordance with all applicable industry and professional standards.

  • How to Obtain Warranty Service The Warranty Holder must inspect the Flooring for Manufacturing Defects caused by improper milling, grading, staining, and coating, and report any such defects to Cali Bamboo, prior to installation of the Flooring. To obtain warranty service, the Warranty Holder must contact Cali Bamboo’s Customer Experience Department: xxxxxxxxxxxxxxx@xxxxxxxxxx.xxx/ 000- 000-0000. Warranty claims must be received within 30 calendar days after the Warranty Holder identifies the Manufacturing Defect or other basis for a warranty claim. To be covered under this Cali Bamboo limited warranty, the Warranty Holder must provide documentation of sales order and proof that the Flooring was properly installed in accordance with the Installation Guide (defined below). Cali Bamboo reserves the right to retain a certified and independent National Wood Flooring Association inspector (“NWFA Inspector”) to verify the Warranty Holder’s warranty claims. The determination of the NWFA Inspector regarding the warranty claim is not binding on either Cali Bamboo or on the Warranty Holder. A determination that does not verify the warranty claim shall not affect the Warranty Holder’s right to submit its claim to arbitration in accordance with the terms of the Arbitration Agreement (as defined in Cali Bamboo’s Terms and Conditions of Purchase). The performance of the inspection, however, if requested by Xxxx Xxxxxx and assuming that Xxxx Xxxxxx advances the full cost of the inspection as described above, is a requirement for the Warranty Holder to submit a warranty claim to arbitration under the Arbitration Agreement. For specific instructions on how to obtain warranty service for defective Flooring, visit the Cali Bamboo website xxxxx://xxx.xxxxxxxxxx.xxx/flooring-warranty/. This limited warranty covers Flooring that is both (i) installed with strict adherence to Cali Bamboo’s Odyssey Engineered flooring installation guide found online at xxxxx://xxx.xxxxxxxxxx.xxx/flooring-installation/ (the “Installation Guide”) and

  • Equipment Warranty Sunrun warrants all equipment for the duration of the Initial Term. If parts fail during the term of this Agreement, Sunrun will use commercially reasonable efforts to replace them with like equipment; however, you acknowledge that due to parts availability and other factors, this may not be possible. Sunrun agrees that any change in equipment will not reduce the Guaranteed Output set forth in Section D.

  • WARRANTY TERMS The Seller shall provide warranty for the quality of the Equipment for a period of 12 months. The warranty term shall commence on the day following the date of signing of the Handover Protocol pursuant to Section 10.4 hereof. In case the Buyer accepted the Equipment with defects or unfinished work the warranty term shall commence on the day following the date of removal of the defects or unfinished work. The warranty does not cover consumable things.

  • Warranty Limitation We do not warrant that the operation of Software will be uninterrupted or error free, or that Software will operate in hardware and Software combinations other than as expressly required by us in the Product specifications or that Software will meet your requirements.

  • Warranty Disclaimer EXCEPT FOR THE LIMITED WARRANTIES STATED ABOVE, THE SOLUTIONS AND ALL RELATED SERVICES ARE PROVIDED “AS IS” AND CUSTOMER’S USE OF THEM IS AT ITS OWN RISK. AVEPOINT DOES NOT MAKE, AND HEREBY SPECIFICALLY DISCLAIMS, AND CUSTOMER RELEASES AND WAIVES, ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE OR FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. AVEPOINT DOES NOT WARRANT THAT CUSTOMER’S USE OF THE SOLUTIONS WILL BE UNINTERRUPTED OR ERROR- FREE, NOR DOES AVEPOINT WARRANT THAT IT WILL REVIEW CUSTOMER DATA FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN CUSTOMER DATA WITHOUT LOSS. AVEPOINT SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF AVEPOINT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AVEPOINT DOES NOT WARRANT THAT THE SOLUTIONS WILL MEET CUSTOMER’S REQUIREMENTS, WILL OPERATE IN ANY COMBINATION THAT MAY BE SELECTED FOR USE BY CUSTOMER OR IN COMBINATION WITH OTHER THIRD-PARTY SOFTWARE BEYOND THE THIRD- PARTY SOFTWARE EXPRESSLY APPROVED AS COMPLIANT IN THE DOCUMENTATION. EXCEPT AS TO COMPATIBILITY OF THE LICENSED SOFTWARE AS DESCRIBED IN AVEPOINT’S DOCUMENTATION, AVEPOINT MAKES NO WARRANTIES TO CUSTOMER WITH RESPECT TO CUSTOMER'S COMPUTER EQUIPMENT OR SYSTEM SOFTWARE OR ITS CAPACITY. FURTHERMORE, AVEPOINT DOES NOT WARRANT THAT ANY SOFTWARE ERRORS, DEFECTS, OR INEFFICIENCIES WILL BE CORRECTED, NOR DOES AVEPOINT ASSUME ANY LIABILITY FOR FAILURE TO CORRECT ANY SUCH ERROR, DEFECT OR INEFFICIENCY. AVEPOINT MAKES NO WARRANTY, AND CUSTOMER ASSUMES THE ENTIRE RISK, AS TO THE INTEGRITY OF ANY DATA AND THE RESULTS, CAPABILITIES, SUITABILITY, USE, NON-USE OR PERFORMANCE OF THE SOLUTIONS. IN NO EVENT SHALL AVEPOINT BE LIABLE TO CUSTOMER FOR ANY DAMAGES RESULTING FROM OR RELATED TO THE USE OF THE SOLUTIONS. CUSTOMER MAY HAVE OTHER STATUTORY RIGHTS, BUT THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE SHORTEST PERIOD PERMITTED BY LAW.

  • Client Warranties a) Client shall fully brief Oracle as to its requirements or objectives prior to entering into the Agreement and shall keep Oracle so briefed during the term of the Agreement. b) Client shall cooperate with Oracle in all matters relating to the Services and shall, at its own expense, supply Oracle with all materials and data reasonably requested by Oracle from time to time for the proper provision of the Services. c) Client shall respond promptly to any request by Oracle for materials or approval and within any deadline reasonably required by Oracle to provide the Services.

  • WARRANTY – SERVICES The Contractor warrants and represents that all services to be provided the City under the Contract will be fully and timely performed in a good and workmanlike manner in accordance with generally accepted industry standards and practices, the terms, conditions, and covenants of the Contract, and all applicable Federal, State and local laws, rules or regulations. A. The Contractor may not limit, exclude or disclaim the foregoing warranty or any warranty implied by law, and any attempt to do so shall be without force or effect. B. Unless otherwise specified in the Contract, the warranty period shall be at least one year from the Acceptance Date. If during the warranty period, one or more of the above warranties are breached, the Contractor shall promptly upon receipt of demand perform the services again in accordance with above standard at no additional cost to the City. All costs incidental to such additional performance shall be borne by the Contractor. The City shall endeavor to give the Contractor written notice of the breach of warranty within thirty (30) calendar days of discovery of the breach warranty, but failure to give timely notice shall not impair the City’s rights under this section. C. If the Contractor is unable or unwilling to perform its services in accordance with the above standard as required by the City, then in addition to any other available remedy, the City may reduce the amount of services it may be required to purchase under the Contract from the Contractor, and purchase conforming services from other sources. In such event, the Contractor shall pay to the City upon demand the increased cost, if any, incurred by the City to procure such services from another source.

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

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