Common use of Xxx Warranty Clause in Contracts

Xxx Warranty. 11.2.1 With respect to the Transaction Services, Xxxxxxxxx.Xxx represents and warrants that the Transaction Services provided to Customer hereunder will conform substantially to specifications set forth in the applicable Services Documentation, as may be amended from time to time at Xxxxxxxxx.Xxx’s sole discretion. The preceding warranty will not apply if (a) any Transaction Services or products provided hereunder are used in material variation with this Agreement or Services Documentation; (b) any Transaction Services or products have been modified without the prior written consent of Xxxxxxxxx.Xxx; or (c) a defect in any Transaction Services or products has been caused by any of Customer’s malfunctioning equipment or software. Customer expressly acknowledges that the Transaction Services are computer network-based services, which may be subject to outages, interruptions, attacks by third parties and delay occurrences. 11.2.2 In the event Customer discovers that any Transaction Services or products are not in conformance with the representations and warranties made in Section 11.2.1 and report such non-conformity to Xxxxxxxxx.Xxx or if the Transaction Services are subject to outages, interruptions, attacks by third parties and delay occurrences, Xxxxxxxxx.Xxx shall use commercially reasonable efforts to remedy material interruptions and will provide adjustments, repairs and replacements, within its capacity, that are necessary to enable the Transaction Services to perform their intended functions in a reasonable manner. Customer acknowledges that Xxxxxxxxx.Xxx does not warrant that such efforts will be successful. If Xxxxxxxxx.Xxx's efforts are not successful, Customer may immediately terminate this Agreement. The foregoing shall constitute Customer’s sole remedy, and Xxxxxxxxx.Xxx's sole liability, in the event of interruption, outage or other delay occurrences in the Transaction Services. Xxxxxxxxx.Xxx does not warrant the services of any third party, including without limitation, the Merchant Service Provider, bank or any third party processor.

Xxx Warranty. 11.2.1 With respect to 12.2.1 During the Transaction Serviceseffective term of this Agreement, Xxxxxxxxx.Xxx represents and warrants that the Transaction xXxxxx.Xxx Services provided to Customer hereunder will conform substantially in all material respects to specifications set forth in the applicable Services DocumentationOperating Procedures and User Guide, as may be amended from time to time at Xxxxxxxxx.Xxx’s sole discretiontime. The preceding warranty warranties will not apply if if: (ai) any Transaction xXxxxx.Xxx Services or products provided hereunder are used in material variation with this Agreement or Services Documentationthe applicable documentation; (bii) any Transaction xXxxxx.Xxx Services or products have been modified without the prior written consent of Xxxxxxxxx.Xxx; or (ciii) a defect in any Transaction xXxxxx.Xxx Services or products has been caused by any of CustomerMerchant’s malfunctioning equipment or software. Customer Merchant expressly acknowledges that the Transaction xXxxxx.Xxx Services are computer network-based services, which may be subject to outages, interruptions, attacks by third parties and delay occurrences. 11.2.2 12.2.2 In the event Customer Merchant discovers that any Transaction the xXxxxx.Xxx Services or products are not in conformance with the representations and warranties made in Section 11.2.1 12.2.1 and report reports such non-conformity to Xxxxxxxxx.Xxx or if the Transaction xXxxxx.Xxx Services are subject to outages, interruptions, attacks by third parties and delay occurrences, Xxxxxxxxx.Xxx shall use commercially reasonable efforts to remedy material interruptions and will provide adjustments, repairs and replacements, within its capacity, that are necessary to enable the Transaction xXxxxx.Xxx Services to perform their intended functions in a reasonable manner. Customer Merchant acknowledges that Xxxxxxxxx.Xxx does not warrant that such efforts will be successful. If Xxxxxxxxx.Xxx's efforts are not successful, Customer you may immediately terminate this AgreementAgreement in accordance with Section 10.1. The foregoing shall constitute CustomerMerchant’s sole remedy, and Xxxxxxxxx.Xxx's sole liability, in the event of interruption, outage or other delay occurrences in the Transaction xXxxxx.Xxx Services. Xxxxxxxxx.Xxx does not warrant the services of any third party, including including, without limitation, the Merchant Service Provider, bank or any third third-party processor.

Xxx Warranty. 11.2.1 With respect to 12.2.1 During the Transaction Serviceseffective term of this Agreement, Xxxxxxxxx.Xxx represents and warrants that the Transaction xXxxxx.Xxx Services provided to Customer hereunder will conform substantially in all material respects to specifications set forth in the applicable Services DocumentationOperating Procedures and User Guide, as may be amended from time to time at Xxxxxxxxx.Xxx’s sole discretiontime. The preceding warranty warranties will not apply if if: (ai) any Transaction xXxxxx.Xxx Services or products provided hereunder are used in material variation with this Agreement or Services Documentationthe applicable documentation; (bii) any Transaction xXxxxx.Xxx Services or products have been modified without the prior written consent of Xxxxxxxxx.Xxx; or (ciii) a defect in any Transaction xXxxxx.Xxx Services or products has been caused by any of CustomerMerchant’s malfunctioning equipment or software. Customer Merchant expressly acknowledges that the Transaction xXxxxx.Xxx Services are computer network-based services, which may be subject to outages, interruptions, attacks by third parties and delay occurrences. 11.2.2 12.2.2 In the event Customer Xxxxxxxx discovers that any Transaction the xXxxxx.Xxx Services or products are not in conformance with the representations and warranties made in Section 11.2.1 12.2.1 and report reports such non-conformity to Xxxxxxxxx.Xxx or if the Transaction xXxxxx.Xxx Services are subject to outages, interruptions, attacks by third parties and delay occurrences, Xxxxxxxxx.Xxx shall use commercially reasonable efforts to remedy material interruptions and will provide adjustments, repairs and replacements, within its capacity, that are necessary to enable the Transaction xXxxxx.Xxx Services to perform their intended functions in a reasonable manner. Customer Merchant acknowledges that Xxxxxxxxx.Xxx does not warrant that such efforts will be successful. If Xxxxxxxxx.Xxx's efforts are not successful, Customer you may immediately terminate this AgreementAgreement in accordance with Section 10.1. The foregoing shall constitute CustomerMerchant’s sole remedy, and Xxxxxxxxx.Xxx's sole liability, in the event of interruption, outage or other delay occurrences in the Transaction xXxxxx.Xxx Services. Xxxxxxxxx.Xxx does not warrant the services of any third party, including including, without limitation, the Merchant Service Provider, bank or any third third-party processor.