XXXXXXX PRODUCT WARRANTY Sample Clauses

XXXXXXX PRODUCT WARRANTY. Xxxxxx represents and warrants to Anesta ------------------------- that Product shall be free from defects in material and workmanship and shall be manufactured: (a) in accordance with and conformity to the Product Specifications; and (b) in compliance with all applicable statutes, laws, rules or regulations, including those relating to the environment, food or drugs and occupational health and safety, including, without limitation, those enforced or promulgated by the FDA. Abbott further represents and warrants to Anesta that the performance of its obligations under this Agreement shall not result in a violation or breach of, and shall not conflict with or constitute a default under, its Certificate of Incorporation or corporate bylaws or any agreement, contract, commitment or obligation to which Abbott or any of its affiliates is a party or by which it is bound. * Confidential Treatment Requested
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XXXXXXX PRODUCT WARRANTY. Gain Solar warrants to the purchaser (the "Customer" ) that green building materials shall be free from defects in materials and workmanship under normal application, use and service conditions during a period of ten (10) years, beginning on the earlier of: i) the date such green building materials were purchased; or ii) one (1) year anniversary from the production date (the "Warranty Start Date"”). If a green building materials fails to conform to this Limited Product Warranty during this twelve- year period, Gain Solar will, at its reasonable option,either (a) repair or replace the defective green building materials or parts without any charges, or (b) refund to the Customer at the current comparable market price of such green building materials, at the Customer' s claim. This Limited Product Warranty does not warant a specific power output, which shall be exclusively covered under the Limited Power Warranty below.
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XXXXXXX PRODUCT WARRANTY. Abbott represents and warrants to Cubist that Product Abbott delivers to Cubist pursuant to this Agreement shall be free from defects in material and workmanship and shall be manufactured (a) in accordance and conformity with the Product Specifications and (b) in compliance with all applicable statutes, laws, rules or regulations, including those relating to the environment, food or drugs and occupational health and safety, including, without limitation, those enforced or promulgated by the FDA (including, without limitation, compliance with cGMPs). Abbott further represents and warrants to Cubist that the performance of its obligations under this Agreement will not result in a violation or breach of and will not conflict with or constitute a default under its Certificate of Incorporation or corporate bylaws or any agreement, contract, commitment or obligation to which Abbott or any of its Affiliates is a party or by which it is bound. The foregoing warranties shall not extend to any nonconformity or defect which relates to or is caused by Bulk Drug that Cubist supplies to Abbott. Subject to Subparagraph 8.8.4, the replacement provisions of Subparagraph 8.4.2 shall be Cubist's sole and exclusive remedy for non-conforming or defective Product. ABBOTT MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO PRODUCT. ALL OTHER WARRANTTES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED BY ABBOTT. Except as otherwise provided under Subparagraph 8.8.4 with respect to third party claims, neither party shall be liable to the other for indirect, incidental or consequential damages resulting from any breach of this Agreement.
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XXXXXXX PRODUCT WARRANTY. Notwithstanding any provision to the contrary, Calmar Laser's sole and exclusive obligations to the Customer for any Product (other than Software, as defined and warranted below) made by Calmar Laser and sold hereunder are to repair returned Product or provide a replacement Product, at Calmar Laser's sole option, for any Product which has been returned to Calmar Laser under the RMA procedure (as defined below) and which in the reasonable opinion of Calmar Laser is determined to be defective in workmanship, material or not in compliance with the mutually agreed written applicable specifications and has in fact failed under normal use on or before one (1) year from the date of original shipment of the Product. All Products, which are experimental Products, prototypes or Products used in field trials, are not warranted. All third parties' Products (including software) sold by Calmar Laser carry only the original manufacturer's warranty applicable to Customer. Calmar Laser will only accept for repair, replacement or credit under warranty Products made by third parties if expressly authorized to do so by the relevant third party. Any Product repaired or replaced under warranty is only warranted for the period of time remaining in the original warranty for the Product or 90 days from date of shipment of the repaired product. Calmar Laser reserves the right, at its sole option, to issue a credit note for any defective Product as an alternative to repair or replacement. The warranty provided herein shall extend to any Product which has proved defective and has failed through normal use, but excludes and does not cover any Product or parts thereof which has been accidentally damaged, disassembled, modified, misused, used in applications which exceed the Product specifications or ratings, neglected, improperly installed or otherwise abused or is used in hazardous activities. Customer must claim under the warranty in writing not later than thirty (30) days after the claimed defect is discovered. The Customer must make all claims under this warranty and no claim will be accepted from any third party.
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XXXXXXX PRODUCT WARRANTY. Subject to the Exclusions and Limitations in Clause 3 herein, Hoyuan Solar warrants its Products, to be free from defects in materials and workmanship that will influence the power generation function of the Products, under normal application operation, use, installation, and maintenance: within the limited warranty period from the delivery date to the direct Customer or 6 months after the modules are shipped out of the production plant, whichever date is earlier ("Warranty Start Date"). The defects do not include scratches, stains, mechanical wear, rust, mold, deformation or discoloration etc. If the Product is found defective in material and/or workmanship that will influence the power generation function of the Products, Hoyuan Solar will, according to the types of such deficiency, at its sole discretion, decide to select one of the remedies set forth hereunder: 1) repair the defective products, or 2) deliver replacement products for the defective products, or 3) compensate the fair market value of warranted wattages for defective products assessed at the time of claim (hereafter individually or collectively "Limited Product Warranty"). The remedies set forth above are the only and exclusive remedies provided by Hoyuan Solar for Products defective in material and/or workmanship within Limited Warranty Period, and any claim exceeding Limited Warranty Period shall be rejected and void. Unless otherwise stipulated in Clause 5 Warranty Assignment, remedies will be offered to the Customer only which directly purchased the Products from Hoyuan Solar. This Limited Warranty for Crystalline PV Modules does not warrant a specific power output, which shall be exclusively covered under Clause 2 hereinafter ("Limited Peak Power Warranty - Limited Remedy").
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XXXXXXX PRODUCT WARRANTY. Ten (10) Year Repair, Replacement or Refund Remedy 1.Garanzia Limitata sul Prodotto – Dieci (10) Anni per Riparazione, Sostituzione o Rimborso SunPower Italia S.r.l. with sole quotaholder, with registered office in Milan, via Turati 16/18, corporate capital Euro 100,000, fully paid in, registered with the Registro delle Imprese of Milan, tax and VAT No. 05957070963 (SunPower) warrants that for ten (10) years from the date of delivery, its photovoltaic modules ("Solar Panels") shall be free from defects in materials and workmanship under normal application, installation, use and service conditions. SunPower Italia S.r.l. con socio unico, con sede legale in Milano, Vxx Xxxxxx 00/00, xxxxxxxx sociale Euro 100.000, interamente versato, iscritta al Registro delle Imprese di Milano, C.F. e partita IVA 05957070963 (SunPower) garantisce che per dieci (10) anni a partire dalla data di consegna i suoi pannelli sxxxxx fotovoltaici (“Pannelli Sxxxxx”) saranno privi di difetti di materiali e di manodopera in condizioni di normale applicazione, installazione, utilizzo e manutenzione. If the Solar Panels fail to conform to this warranty, then for a period ending ten (10) years from date of delivery, SunPower will, at its option, either repair or replace the product, or refund the purchase price as paid by Ecoware ("Purchase Price"). Qualora i Pannelli Sxxxxx non rispettino la garanzia, per un periodo di dieci (10) anni dalla data di consegna, SunPower, a propria scelta, riparerà o sostituirà il prodotto, ovvero rimborserà il prezzo di acquisto pagato da Ecoware (“Prezzo di Acquisto”). The repair, replacement or refund remedy shall be the sole and exclusive remedy provided under the Limited Product Warranty and shall not extend beyond the ten (10) year period set forth herein. La riparazione, la sostituzione o il rimborso saranno l’unico ed esclusivo rimedio in base alla Garanzia Limitata sul Prodotto, e non si estenderanno oltre il periodo di dieci (10) anni qui stabilito. This Limited Product Warranty does not warrant a specific power output, which shall be exclusively covered under clause 2 hereinafter (Limited Power Warranty). La presente Garanzia Limitata sul Prodotto non garantisce una specifica potenza di uscita, la qxxxx xxxx coperta esclusivamente dalla successiva clausola 2 (Garanzia Limitata sulla Potenza).
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Related to XXXXXXX PRODUCT WARRANTY

  • Product Warranty Seller provides general warranties of fitness and general warranties that the goods are free from defects, for 1 year from acceptance of the goods, except as may otherwise be set forth in the Description/Proposal, or other attached warranty.

  • Product Warranties Except as set forth in Schedule 3.15, (a) there are no warranties express or implied, written or oral, with respect to the Business and (b) there are no pending or threatened claims with respect to any such warranty, and Seller has no liability with respect to any such warranty, whether known or unknown, absolute, accrued, contingent or otherwise and whether due or to become due.

  • Product Recalls The Company is not aware of any pattern or series of claims against the Company or any of its subsidiaries which reasonably could be expected to result in a generalized product recall relating to products sold by the Company or any of its subsidiaries, regardless of whether such product recall is formal, informal, voluntary or involuntary.

  • API If the Software offers integration capabilities via an API, your use of the API may be subject to additional costs or Sage specific policies and terms and conditions (which shall prevail in relation to your use of the API). You may not access or use the API in any way that could cause damage to us or the Software, or in contravention of any applicable laws. We reserve the right in our sole discretion, to: (i) update any API from time to time; (ii) place limitations around your use of any API; and (iii) deny you access to any API in the event of misuse by you or to otherwise protect our legitimate interests.

  • Product Recall (a) If a recall is required by applicable Law, or if Buyer or Supplier reasonably determines that a recall is advisable because the goods may create a potential safety hazard, are not in compliance with any applicable code, standard or legal requirement, or contain a defect or non-conformance with the requirements of this Order occurring or likely to occur in multiple goods, which such defects or non-conformances are substantially similar or have substantially similar causes or effects (collectively a “Serial Defect”), the parties shall promptly communicate such facts to each other. At Buyer’s request, Supplier shall promptly develop a corrective action plan satisfactory to Buyer, which shall include all actions required to recall and/or repair the goods and any actions required by applicable Law (“Corrective Action Plan”) for Buyer’s review and approval. At Buyer’s election, Xxxxx may develop the Corrective Action Plan. In no event shall Buyer and Supplier’s failure to agree on the Corrective Action Plan delay the timely notification of a potential safety hazard, non-compliance or Serial Defect to users of the goods, cause either party to be non-compliant with applicable Law or prevent Buyer from taking reasonable actions to prevent injury or damage to persons, equipment or other property. Supplier and Buyer shall cooperate with and assist each other in any corrective actions and/or filings, if applicable.

  • Product ACCEPTANCE Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User(s) shall have thirty (30) days from the date of delivery to accept hardware products and sixty (60) days from the date of delivery to accept all other Product. Where the Contractor is responsible for installation, acceptance shall be from completion of installation. Failure to provide notice of acceptance or rejection or a deficiency statement to the Contractor by the end of the period provided for under this clause constitutes acceptance by the Authorized User(s) as of the expiration of that period. The License Term shall be extended by the time periods allowed for trial use, testing and acceptance unless the Commissioner or Authorized User agrees to accept the Product at completion of trial use. Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User shall have the option to run testing on the Product prior to acceptance, such tests and data sets to be specified by User. Where using its own data or tests, Authorized User must have the tests or representative set of data available upon delivery. This demonstration will take the form of a documented installation test, capable of observation by the Authorized User, and shall be made part of the Contractor’s standard documentation. The test data shall remain accessible to the Authorized User after completion of the test. In the event that the documented installation test cannot be completed successfully within the specified acceptance period, and the Contractor or Product is responsible for the delay, Authorized User shall have the option to cancel the order in whole or in part, or to extend the testing period for an additional thirty (30) day increment. Authorized User shall notify Contractor of acceptance upon successful completion of the documented installation test. Such cancellation shall not give rise to any cause of action against the Authorized User for damages, loss of profits, expenses, or other remuneration of any kind. If the Authorized User elects to provide a deficiency statement specifying how the Product fails to meet the specifications within the testing period, Contractor shall have thirty (30) days to correct the deficiency, and the Authorized User shall have an additional sixty (60) days to evaluate the Product as provided herein. If the Product does not meet the specifications at the end of the extended testing period, Authorized User, upon prior written notice to Contractor, may then reject the Product and return all defective Product to Contractor, and Contractor shall refund any monies paid by the Authorized User to Contractor therefor. Costs and liabilities associated with a failure of the Product to perform in accordance with the functionality tests or product specifications during the acceptance period shall be borne fully by Contractor to the extent that said costs or liabilities shall not have been caused by negligent or willful acts or omissions of the Authorized User’s agents or employees. Said costs shall be limited to the amounts set forth in the Limitation of Liability Clause for any liability for costs incurred at the direction or recommendation of Contractor.

  • Software Warranty We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the maintenance and support process set forth in Section C(9), below, the SLA and our then current Support Call Process.

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