Xxxxxxx Warranty. (a) Mag-Well warrants the Products to be free from defects in material and workmanship under normal acceptable use and service. This warranty shall be effective for one year from the date of shipment of the Product by Mag-Well.
(b) Mag-Well's sole responsibility under this warranty shall be as to repair any defective Products or replace them with new or re-manufactured Products, as Mag-Well may elect, and, under the conditions specified below, to pay transportation charges. Mag-Well shall have no responsibility for transportation costs nor consequential claims of any type, except as specifically set out in the next paragraph.
(c) All warranty claims shall be submitted to Mag-Well in writing with complete data on the nature of the claim and the defect. The defective item or items shall be returned to Mag-Well for inspection only after receipt of written authorization from Mag-Well. If return is so authorized and if Mag-Well determines that a defect covered by this warranty exists, transportation charges will be paid by Mag-Well.
(d) Except as specifically provided herein, MAG-WELL EXPRESSLY DISCLAIMS ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE.
Xxxxxxx Warranty a. Seller warrants that the Goods will conform to the specifications furnished by Seller or, if agreed to in writing by an authorized representative of Seller, specifications furnished by Buyer. Any specifications furnished by Seller must be approved in writing by Buyer before raw materials can be purchased or before Seller can manufacture and/or distribute the Goods.
b. Buyer is responsible for testing the Goods before installation. If Buyer determines that the Goods fail to conform to the applicable specifications, Buyer must notify Seller in writing within a reasonable amount of time to permit Seller to examine and test the goods. Seller may, at Seller’s option, (i) replace the goods, (ii) give the Buyer credit on a future order, or (iii) refund the purchase price. This represents
c. THESE ARE SELLER’S ONLY WARRANTIES. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR
d. Seller’s liability to Buyer or anyone claiming through or on behalf of Buyer, with respect to any claim or loss arising out of this transaction or alleged to have resulted from an act or omission of Seller, whether negligent or otherwise, and whether in tort, contract, or otherwise,
e. Seller reserves the right, at any time, to make changes in the design or specification of the Goods, or any part thereof, which Seller, in its sole discretion, believes will constitute an improvement in such Goods or parts thereof.
f. Seller is not liable for any alterations of the goods, improper maintenance, abuse of the goods, or improper installation.
b. Any goods returned for Buyer’s convenience must be returned as originally shipped.
c. Non-standard and specialty manufactured Goods will not be considered for return.
d. RMA is subject to Seller’s consideration of all related “case-by-case” factors, including but not limited to, manufacturer/supplier willingness to accept such return.
Xxxxxxx Warranty. Xxxxxx represents and warrants that to the best of its knowledge, use of the Product in accordance with this Agreement will not infringe the Intellectual Property Rights of any third party.
Xxxxxxx Warranty. Each individual executing and delivering this First Amendment on behalf of the party hereby warrants and represents to the other party solely in his or her capacity as an officer of the applicable signatory that he or she has been duly authorized and has the power to make such execution and delivery.
Xxxxxxx Warranty. 10.1. RIB CCS warrants that the Candy System will substantially perform the functions or generally conform to the program documentation as published by RIB CCS.
10.2. RIB CCS does not warrant that the functions contained in the program will meet the Client’s requirements or that the operation of the Candy System, or the reference manuals, is free of errors.
10.3. The entire liability of RIB CCS, and the only remedy of the Client, in the event of the Candy System not substantially performing the functions or generally not conforming to the program documentation as published by RIB CCS, is limited to the termination of this Agreement.
Xxxxxxx Warranty. 2.1. Each Open-Source Software shall be provided on an “AS IS” basis without warranty of any kind, and any express or implied warranties, including without limitation, any warranties of title, noninfringement, merchantability or fitness for a particular purpose are disclaimed.
Xxxxxxx Warranty. Kaplan represents and warrants that to the best of its knowledge, use of the Product in accordance with this Agreement will not infringe the Intellectual Property Rights of any third party.
Xxxxxxx Warranty. Lessor hereby warrants that Lessor’s Work shall be performed in a good and xxxxxxx-like manner, in accordance with the plans and specifications listed on Exhibits One, Five and Six, and in compliance with all applicable Legal Requirements. Notwithstanding anything to the contrary in this Lease, Lessee’s acceptance of the Premises shall not be deemed a waiver of Lessee’s right to have Defects in the Premises repaired at the Lessor’s sole expense. Lessee shall give notice to the Lessor promptly after Lessee becomes aware of any such Defect, and the Lessor shall repair such defect, at no cost to Lessee, immediately.
Xxxxxxx Warranty. Products sold hereunder are covered by a warranty against defects in material and workmanship provided the Products and services are subjected to normal use and service. The applicable warranty period is twelve (12) months plus two weeks from the date of shipment. The foregoing warranty shall not apply to:
1) Products that have been modified by anyone other than TEKTELIC without TEKTELIC’s prior written consent and/or subjected to improper handling, storage, installation, operation or maintenance;
2) Any item of the Products which is furnished by Purchaser as a component part of a purchased Product, or any equipment that is not manufactured by TEKTELIC and is purchased by TEKTELIC on behalf of Purchaser. For the removal of doubt, components selected or sourced by TEKTELIC shall be covered by the warranty;
3) Models or samples which are furnished to Purchaser as illustrations only of the general properties of TEKTELIC’s products and workmanship;
4) Damage to Products caused by abrasive materials, corrosion due to aggressive fluids, lightning, improper voltage supply, mishandling or misapplication. Except as expressly set forth herein, TEKTELIC expressly disclaims any and all representations, warranties, conditions, covenants, guarantees and/or assurances, whether express or implied, relating to or arising out of Products or services and/or this contract, including without limitation, any implied representations, warranties, conditions, covenants and/or guarantees as to merchantability, merchantable quality, non-infringement, fitness for a particular purpose, those arising by statute or otherwise, or from a course of dealing or usage or trade. To the extent permitted by applicable law, all warranties, representations, terms and conditions other than as expressly contained herein are excluded. Each party acknowledges that it has not relied on any other term, condition, representation, warranty, matter, statement or conduct in entering into this contract. Purchaser’s sole remedy for a breach of this limited warranty, for any other liability under this contract, or for any liability that cannot be excluded as provided by applicable law, shall be limited (at TEKTELIC’s sole option) the repair, replacement or refund to Purchaser’s account for any such Products which are returned by Purchaser during the applicable warranty period, provided that (i) TEKTELIC is promptly notified in writing during such warranty period upon discovery by Purchaser that the Products fa...
Xxxxxxx Warranty. Tracker does not warrant that the functions contained in the Software will meet your requirement or that the operation of the Software will be uninterrupted or error free (it is finished ‘As Is’ and without warranty as to performance or results). Tracker warrants that the media that the Software is supplied on will be free from defect for a period of thirty (30) days from the receipt of the Software or in the case of Electronic Supply that the ‘wrapper’ the Software is contained in, shall be complete and without defect on our end of the connection. We cannot warranty however that it will be received in the same condition as the means of supply is beyond our absolute control. This Limited Warranty shall be void if failure of the Software to conform with the Warranty has resulted from improper installation, misuse, testing, neglect, accident, fire or other hazard or any breach of this Agreement. This warranty is limited to you and is not transferable. No Tracker Supplier, agent or employee is authorized to make any changes, modifications, alterations, extensions or additions to this limited Warranty. This Software is not warranted against infringement of any third part patents. Tracker has done no investigation as to infringement, and you agree that you will assume the risk of any such infringement from your use of Software.
