WARRANTY; WARRANTY DISCLAIMER. ATCC warrants that (a) cells and microorganisms included in the ATCC Material shall be viable upon initiation of culture for a period of thirty (30) days after shipment thereof from ATCC and (b) any ATCC Material other than cells and microorganisms shall meet the specifications on the applicable ATCC Material product information sheet, certificate of analysis, and/or catalog description until the expiration date on the applicable ATCC Material’s product label (such thirty (30) day period, or period until the expiration date, referred to herein as the “Warranty Period”). Purchaser’s exclusive remedy, and ATCC’s sole liability, for breach of the warranties set forth in this paragraph is for ATCC to, at ATCC’s sole option, either (i) refund the fee paid to ATCC for such ATCC Material (exclusive of shipping and handling charges), or (ii) replace the ATCC Material. The warranties set forth in this paragraph apply only if Purchaser handles and stores the ATCC Material as described in the applicable ATCC Material product information sheet. To obtain the exclusive remedy, Purchaser must report the lack of viability or non-conformation to specifications to ATCC’s Technical Service Department within the applicable Warranty Period. Any expiration date specified on the ATCC Material shipment documentation states the expected remaining useful life, but does not constitute a warranty or extend any applicable Warranty Period. Except as expressly provided above, the ATCC Material and any technical information and assistance provided by ATCC are provided as-is, without warranties of any kind, express or implied, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, typicality, safety, accuracy and/or non-infringement. Compliance with Laws Purchaser is solely responsible for, and shall ensure, compliance with all foreign and domestic, federal, state and local statutes, ordinances and regulations applicable to use of the Biological Material by Purchaser or its Transferees. Purchaser is solely responsible for obtaining all permits, licenses or other approvals required by any governmental authority in connection with Purchaser’s and its Transferees’ receipt, handling, storage, disposal, transfer and use of the Biological Materials. Without limiting the generality of the foregoing, any shipment of Biological Materials to countries outside the United States must comply with all applicable foreign and U.S. laws, including the U....
WARRANTY; WARRANTY DISCLAIMER. ATCC warrants that cells and microorganisms, excluding inactivated organisms, shall be viable upon shipment from ATCC for a period of thirty (30) days (”WARRANTY PERIOD”). ATCC warrants that MATERIAL shall meet the specifications on the certificate of analysis. The exclusive remedy for breach of this warranty is, at ATCC’s option, replacement of MATERIAL. The exclusive remedy applies under the condition that RECIPIENT handles and stores MATERIAL as described in any accompanying documentation. To obtain the exclusive remedy, RECIPIENT must report the lack of viability to BEI Resources’ Technical Service Department within the WARRANTY PERIOD. Any expiration date specified on shipment documentation for MATERIAL states the expected remaining useful life, but does not constitute a warranty or extend any applicable warranty period. EXCEPT AS EXPRESSLY PROVIDED ABOVE, MATERIAL AND ANY TECHNICAL INFORMATION AND ASSISTANCE PROVIDED BY ATCC ARE PROVIDED “AS IS”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TYPICALITY, SAFETY, ACCURACY AND NON-INFRINGEMENT.
WARRANTY; WARRANTY DISCLAIMER. Revvity warrants that: (i) the software as a service offering will substantially conform to the material features and functionality set forth in the Documentation, and (ii) it shall perform all Professional Services in a professional, workmanlike manner in accordance with generally recognized industry standards. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 14, THE SERVICE AND PROFESSIONAL SERVICES ARE PROVIDED "AS IS," “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. REVVITY DOES NOT WARRANT THAT THE SERVICE (A) WILL OPERATE ERROR- FREE OR UNINTERRUPTED (INCLUDING WITHOUT LIMITATION DUE TO NETWORK OUTAGES OR THIRD PARTY FAILURES AND/OR DELAYS) OR THAT REVVITY WILL CORRECT ALL SERVICE ERRORS; (B) WILL MEET CUSTOMER’S REQUIREMENTS, SPECIFICATIONS OR EXPECTATIONS, OR (C) WILL ACHIEVE ANY INTENDED RESULT; AND CUSTOMER AGREES THAT IT WILL MAKE NO CLAIM AGAINST REVVITY BASED ON USE OF THE SERVICE. CUSTOMER ACKNOWLEDGES THAT REVVITY DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES FOR WHICH REVVITY IS NOT RESPONSIBLE OR LIABLE. REVVITY IS NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE PERFORMANCE, OPERATION, OR SECURITY OF THE SERVICE THAT ARISE FROM, AND DOES NOT MAKE ANY WARRANTIES REGARDING, CUSTOMER’S DATA OR THIRD-PARTY CONTENT AND HEREBY DISCLAIMS ALL LIABILITIES ARISING FROM OR RELATED TO THIRD PARTY CONTENT OR SERVICES (INCLUDING THIRD PARTY HOSTING PROVIDERS). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES AND THEREFORE REVVITY’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
WARRANTY; WARRANTY DISCLAIMER. 10.1 Customer represents and warrants to Service Provider that: (a) Customer is the legal custodian of the Customer Data and it has the right and authority to use the Hosted Solution in connection with all Customer Data and other materials hereunder; (b) Customer will use reasonable efforts to ensure that any Customer Data submitted to Service Provider via electronic media will be free of viruses; and (c) anyone submitting Customer Data to Service Provider for use in connection with the Hosted Solution or Technical Services has the legal authority to do so, either through ownership of the Customer Data or by obtaining appropriate authorizations therefor, and that submission of Customer Data does not violate any contracts, agreements, or any applicable law. Customer is responsible for all Customer Data that is submitted to Service Provider for use in connection with the Hosted Solution or Technical Services.
WARRANTY; WARRANTY DISCLAIMER. 10.1 Fermic warrants that all Raw Materials and Product (Fermentation Product and Separation Product) shall meet the applicable specifications attached to this Agreement. Fermic warrants that Raw Materials and Product (Fermentation Product and Separation Product) will at all times be free and clear of any liens.
WARRANTY; WARRANTY DISCLAIMER. Any expiration date specified on shipment documentation for MATERIAL and PIP BIOLOGICAL MATERIAL states the expected remaining useful life, but does not constitute a warranty or extend any applicable warranty period. MATERIAL and PIP BIOLOGICAL MATERIAL and any technical information and assistance provided by ATCC® are provided “as is”, without warranties of any kind, express or implied, including, but not limited to any implied warranties of merchantability, fitness for a particular purpose, typicality, safety, accuracy and non-infringement.
WARRANTY; WARRANTY DISCLAIMER. CDS WARRANTS THAT IT HAS THE RIGHT TO LICENSE THE DATA. NEITHER CDS NOR ANY AFFILIATE OF CDS MAKES ANY WARRANTY, EXPRESS OR IMPLIED, AS TO RESULTS TO BE OBTAINED BY ANY PERSON OR ENTITY FROM THE USE OF THE DATA. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, NEITHER CDS NOR ANY AFFILIATE OF CDS MAKES ANY WARRANTY, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO SUCH DATA.
WARRANTY; WARRANTY DISCLAIMER. 5.1 Customer and/or Third Party Acts Blue Box Host is not responsible in any manner for any non-confirming Services to the extent caused by you or your customers. In addition, Blue Box Host is not responsible for loss or corruption of data in transmission, or for failure to send or receive data due to events beyond Blue Box Host’s reasonable control.
WARRANTY; WARRANTY DISCLAIMER. 5.1. Customer and/or Third Party Acts Company is not responsible in any manner for any nonconforming Services to the extent caused by you or your customers. In addition, Company is not responsible for loss or corruption of data in transmission, or for failure to send or receive data due to events beyond Company’s reasonable control.
WARRANTY; WARRANTY DISCLAIMER. 5.1. Customer and/or Third Party Acts Local Value is not responsible in any manner for any non‐confirming Services to the extent caused by you or your customers. In addition, Local Value is not responsible for loss or corruption of data in transmission, or for failure to send or receive data due to events beyond Local Value 's reasonable control.
