Common use of Xxxxxxx Warranty Clause in Contracts

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. 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 BuyerXxxxx, 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. a. Seller D62 warrants to you that the Goods Font Software will conform perform substantially in accordance with its documentation for the thirty (30) day period following delivery of the Font Software. To make a warranty claim, you must, within the thirty (30) day warranty period, contact D62 and provide sufficient information regarding your acquisition of the Font Software so as to enable D62 to verify the specifications furnished by Seller orexistence and date of the transaction. The entire, if agreed exclusive and cumulative liability and remedy shall be that D62 will use commercially reasonable efforts 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 cause the Goods. b. Buyer is responsible for testing the Goods before installation. If Buyer determines that the Goods fail Font Software to conform to the applicable specificationsdocumentation as soon as commercially practicable. D62 DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR D62S BREACH OF WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, 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 D62- MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVERREPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. ALL IMPLIED WARRANTIES , AS TO NON-IN- FRINGEMENT OF MERCHANTABILITY AND/THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR d. Seller’s liability ANY PARTICU- LAR PURPOSE. IN NO EVENT WILL D62 BE LIABLE TO YOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF D62 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF FOUNDRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to Buyer you. Also, some states or anyone claiming through jurisdictions do not allow the exclusions of implied warranties or limitations on behalf of Buyerhow long an implied warranty may last, with respect so the above limitations may not apply to you. To the greatest extent permitted by law, any claim or loss arising out of this transaction or alleged implied warranties not effectively excluded by the Agreement are limited 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.thirty

Xxxxxxx Warranty. a. Seller warrants This Limited Warranty by Segway covers only defect(s) in material or workmanship of the Product under normal use that may exist at the Goods will conform time when it is sold by Segway, and the Limited Warranty by Segway shall not apply to any defect, defective condition and/or damages to the specifications furnished Product that is caused by Seller oranother person or you after it is sold by Segway. The Limited Warranty does not apply to normal wear and tear and/or deterioration associated with use of the Product. In the event that a defect covered by this Limited Warranty occurs, if agreed to Segway and/or other Segway Parties (as applicable) in writing by its sole discretion will repair or replace defective Product in accordance with this Limited Warranty. The applicable Limited Warranty Period commences on the first date that a new Product is purchased from an Limited Warranty Period Compon authorized representative retailer 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 priceProduct. This represents c. THESE ARE SELLER’S warranty gives you specific legal rights, and if you are a consumer in the United States of America, you may also have other rights which vary from State to State. THIS LIMITED WARRANTY HEREIN IS THE ONLY EXPRESS WARRANTY APPLICABLE TO PRODUCT AND ITS COMPONENT PARTS, ACCESSORIES, AND SERVICE REPAIR. SEGWAY AND SEGWAY PARTIES DISCLAIM ALL OTHER EXPRESS WARRANTIES. SELLER MAKES NO SEGWAY AND OTHER WARRANTY SEGWAY PARTIES LIMIT THE DURATION AND REMEDIES OF ANY KIND WHATSOEVERALL Frame Assembly Wheel Hub Motor Assembly Controller Assembly Handlebar Stem Top Dashboard Assembly Folding Front Fork Assembly Folding Pedal Assembly Spring Wire Bundle Stem Chasis Lighting Wire Bundle Rear Fork Assembly Charging Port Chasis Metal Cap Battery Assembly Charger Brake Lever Twist-grip Throttle Name of the Handlebar Grip Handlebar Tube Rear Wheel Assembly Front Light Assembly Front & Rear Fender Taillight Assembly Decorative Strip Chasis Light Assembly Outer Shell Decorative Cover Kickstand Plugs 180 Days 90 Days IMPLIED WARRANTIES, EXPRESS OR IMPLIED. ALL IMPLIED INCLUDING WITHOUT LIMITATION TO THE WARRANTIES OF MERCHANTABILITY AND/OR AND FITNESS FOR A PARTICULAR d. Seller’s liability to Buyer or anyone claiming through or on behalf of BuyerPARTICULAR PURPOSE, with respect to any claim or loss arising out of this transaction or alleged to have resulted from an act or omission of SellerWHETHER ARISING BY LAW, whether negligent or otherwiseCOURSE OF DEALING, and whether in tortCOURSE OF PERFORMANCE, contractUSAGE OF TRADE OR OTHERWISE, or otherwise, e. Seller reserves the rightTO THE DURATION OF THIS EXPRESS LIMITED WARRANTY. THE FOREGOING LIMITATIONS OR EXCLUSIONS OF WARRANTY SHALL SUBJECT TO ANY MANDATORY LAW THAT PROHIBITS SUCH EXCLUSION, at any timeLIMITATION, to make changes in the design or specification of the GoodsRESTRICTION, or any part thereofOR MODIFICATION OF WARRANTY. FOR ANY WARRANTY THAT MAY APPLY HEREIN ON THE GROUND THAT SUCH WARRANTY IS MANDATED BY LAW AND CANNOT BE EFFECTIVELY EXCLUDED, which SellerRESTRICTED OR MODIFIED BY THE FOREGOING DISCLAIMER, in its sole discretionTHE DURATION OF ITS APPLICABILITY SHALL BE THE PERIOD PROVIDED BY THE LIMITED WARRANTY HEREIN OR THAT REQUIRED BY THE APPLICABLE COUNTRY/STATE LAW, believes will constitute an improvement in such Goods or parts thereofWHICHEVER IS SHORTER. SOME COUNTRIES/STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. (TO NEW JERSEY CONSUMERS, THIS PARAGRAPH SHALL NOT APPLY TO YOU. 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. a. Seller warrants warrants, to its original customer only, that the Goods will conform to the specifications furnished goods manufactured by Seller or, if agreed to are free from defects in writing by an authorized representative material and workmanship for the lesser of Seller, specifications furnished by Buyer. Any specifications furnished by Seller must be approved in writing by Buyer before raw materials can be purchased 12 months from date of start-up or before Seller can manufacture and/or distribute the Goods. b. Buyer is responsible for testing the Goods before installation18 months from date of shipment. If Buyer determines that the Goods fail a failure to conform to specifications or a defect in materials or workmanship is discovered within this period, Seller must promptly be notified in writing, which notification, in any event must be received no later than 20 months from the applicable specifications, Buyer must notify Seller in writing within date of shipment. Within a reasonable amount time after such notification, Seller will correct any failure to conform to specifications or any defect in materials or workmanship, or in lieu of time to permit Seller to examine such repair, and test at its sole option, shall replace the goodsequipment. Seller maySuch repair, including both parts and labor, is at Seller’s optionexpense. All warranty service will be performed at service centers designated by Seller. THE ABOVE ARE THE BUYER'S EXCLUSIVE REMEDIES FOR BREACH OF WARRANTY. Seller does not warrant: (a) defects caused by failure to provide a suitable installation environment for the product, (ib) replace damage caused by use of the goodsproduct for purposes other than those for which it was purchased, (iic) give damage caused by disasters such as fire, flood, wind, and lightning, (d) damage caused by unauthorized attachments or modification, (e) any other abuse or misuse by the Buyer credit on a future orderBuyer, or (iii) refund the purchase priceincluding improper installation. This represents c. THESE THE FOREGOING LIMITED WARRANTIES AND REMEDIES ARE SELLER’S ONLY IN LIEU OF ALL OTHER WARRANTIES. SELLER MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED. ALL , INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR MERCHANTIBILITY AND FITNESS FOR A PARTICULAR d. Seller’s liability to Buyer or anyone claiming through or on behalf of BuyerPARTICULAR PURPOSE, AND REMEDIES. IN NO CASE SHALL SELLER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES BASED UPON ANY LEGAL THEORY. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF PROFITS, LOSS OF SAVINGS OR REVENUE, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, DOWNTIME, THE CLAIMS OF THIRD PARTIES INCLUDING CUSTOMERS, INJURY TO PROPERTY AND, UNLESS PRECLUDED UNDER APPLICABLE STATE LAW, BODILY AND PERSONAL INJURY. Seller warrants that engineering services will be performed in accordance with respect to any claim or loss arising out of this transaction or alleged to good industry engineering principles and practices. Seller will ensure that personnel performing engineering services will have resulted from an act or omission of Sellerthe ability and experience for proper, whether negligent or otherwiseefficient, 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 thereofprofessional performance. 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.