Xxxxx Warranty. Xxxxx warrants that Services provided by Xxxxx under this Exhibit will be performed with reasonable skill and care by competent and trained personnel. The content of any Deliverables is provided “AS IS.” Client’s sole and exclusive remedy and Xxxxx' sole obligation for breach of this warranty is for Xxxxx to use commercially reasonable efforts to correct materially defective Services at no additional charge to Client; provided that Client gives Xxxxx specific written notice of the materially defective Services within 30 days after the Services are performed.
Xxxxx Warranty. Xytex warrants its Dewars will remain suitable for the transport of cryopreserved Specimens for a period of seven (7) days starting with the Ship Date so long as the seal on the Xxxxx remains unopened. Client acknowledges and agrees Xytex is not responsible for damages to Client’s Specimens resulting from the negligence of any transportation courier once the Xxxxx leaves a Xytex facility.
Xxxxx Warranty. Xxxxx warrants that the Services will be performed consistent with generally accepted industry standards. No specific result from provision of the Services is assured or guaranteed. XXXXX DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE.
Xxxxx Warranty. Xxxxx warrants that it will perform the necessary manufacturing, marketing and tests in compliance with the applicable PRC laws and regulations, and that the IVD Instruments and IVD Kits will be manufactured under appropriate design control and regulations for good manufacturing practices.
Xxxxx Warranty. XXXXX hereby represents and warrants XXXXX has, or will obtain, cash and/or access to funding sources sufficient to enable it to consummate the transactions and undertake the obligations contemplated by this Agreement.
Xxxxx Warranty. Xxxxx warrants that the Services will be performed in a professional manner, consistent with generally accepted industry standards, and that the Service will substantially conform to the Documentation. In the event of a breach of this warranty, Xxxxx’ sole and exclusive liability and Customer’s sole and exclusive remedy will not exclude the total amount of Fees paid by Customer to Xxxxx in the twelve (12) month period preceding the claim or action Xxxxx will use commercially reasonable efforts to re-perform the non- conforming Service within thirty (30) days from receipt of notice from Customer of the breach.
Xxxxx Warranty. Xytex warrants its Dewars will remain suitable for the transport of cryopreserved Specimens for a period of seven (7) days starting with the Ship Date so long as the seal on the Xxxxx remains unopened. Client acknowledges and agrees Xytex is not responsible for damages to Client’s Specimens resulting from the negligence of any transportation carrier once the Xxxxx leaves a Xytex facility. No Specimen Storage: Once a sealed Xxxxx is opened, Client, or Client’s healthcare provider, is responsible for ensuring all of Client’s unused Specimens are transferred to a suitable cryogenic storage container. Opened Dewars are not suitable, nor should they be used, for cryogenic storage of Specimens. Specimens may not be returned to Xytex to be placed back into storage. Xxxxx Ownership/Condition: Ownership of each Xxxxx shall at all times remain with Xytex. Client agrees not to deface, obliterate, remove or cover any tag or name plate on any Xxxxx showing the serial number or identifying such Xxxxx as Xytex property.
Xxxxx Warranty. Xxxxx will perform the Services in a professional and workmanlike manner and in accordance with this Agreement. Despite the foregoing, the Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Xxxxx or by third-Party providers, or because of other causes beyond Xxxxx’ reasonable control, but Xxxxx shall use reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption.
Xxxxx Warranty. (a) The average of all price offers made over a Calendar Year (January 1 through December 31) by the Contractor for all products covered by this agreement shall be as low, or lower than, those offers made to supermarkets in the United States under similar terms and conditions. The price offers made to DeCA may or may not be accepted for ordering by the Contracting Officer or an authorized individual located within DeCA. The terms and conditions of price offers shall include such factors as, but are not limited to, quantity/dollar discounts, delivery requirements, delivery location or zone, period of purchase, promotional discounts and terms, retailer performance, discount payment terms or any other factor that results in or ultimately could have an effect on the prices offered to DeCA.
Xxxxx Warranty. Xxxxx warrants to Owner that the construction, including all materials and equipment furnished by Xxxxx and its Subcontractors as part of the construction, shall be new, of good quality, in conformance with the Contract Documents and all Legal Requirements, free of defects in materials and workmanship. Xxxxx’x warranty obligation excludes (i) defects caused by abuse, damage, modification, alterations, or failure to maintain the Work by persons other than Xxxxx or anyone for whose acts Xxxxx may be liable or responsible and (ii) defects or errors in any Owner supplied or third party (i.e. other than Xxxxx Affiliates or Subcontractors) supplied equipment, drawings, deliverables, specifications, materials, labor, or information. Nothing in this warranty is intended to limit any Manufacturer’s Warranty which provides Owner with greater warranty rights than set forth in this Section 8.1 or the Contract Documents. Xxxxx will provide to Owner all manufacturers’ and Subcontractors’ warranties upon the earlier of Mechanical Completion or termination of this Agreement. Owner’s failure to comply with all Operating Procedures shall void those warranties, whether expressed or implied (if any), that were given by Xxxxx to Owner that are affected by such failure. If Xxxxx reasonably determines that all damage caused by such failure can be repaired and Owner makes all repairs needed to correct such damage, such warranties shall be reinstated for the remaining term thereof, if any, from the date of the repair.
