Limited Warranty. 8.1. GENERAL PROVISIONS - APPLICABLE TO BIMcloud MODE AND BIMcloud Basic MODE OF THE SOFTWARE
8.2. SPECIAL PROVISIONS RELEVANT TO BIMcloud MODE OF THE SOFTWARE:
a) replace the defective DVDs or HARDWARE KEY free of charge provided that they are returned to GRAPHISOFT along with a proof of purchase, or
b) refund the price paid for the replacement license. Any replacement DVD or HARDWARE KEY will be warranted for 90 days from the date that the replacement was shipped to You. You are entitled to the refund of the price you paid for the replacement software exclusively from the seller from whom You purchased the software. * You expressly accept that - to the maximum extent permitted by the applicable rules of law - GRAPHISOFT excludes any warranty related to the SOFTWARE KEY. If Your SOFTWARE KEY is destroyed or damaged for any reason, You must re-purchase the SOFTWARE KEY under the current conditions. * EXCEPT FOR THE LIMITED WARRANTIES ON THE MEDIA AND THE HARDWARE KEY, THE SOFTWARE IS SOLD "AS IS", WITHOUT ANY WARRANTY, EXPRESSED OR IMPLIED, AS TO ITS CONFORMITY TO OR FITNESS FOR ANY PARTICULAR PURPOSE, OR THAT THE SOFTWARE WILL PERFORM UNINTERRUPTED AND WITHOUT ERRORS. TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE RULES OF LAW, GRAPHISOFT DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, COMPLETENESS, NON-INFRINGEMENT OR PRECISION OF THE SOFTWARE'S FUNCTIONS.
Limited Warranty. Seller warrants for a period of one year following original shipment by Seller (or for Type 28 Gas Seals 12 months from installation or 24 months following original shipment by Seller, whichever occurs first) that its products are free from defects in material or workmanship furnished by Seller. Xxxxx'x rights arising from defects are subject to the Buyer having observed its statutory duties of inspection and notification. In cases of material or legal defects Seller shall be entitled to remedy the defect or to make replacement delivery (subsequent performance). In doing so Seller shall have the right to choose the type of subsequent performance. Seller`s liability for any defect shall only apply in case the defect is not insignificant. If one or both of the above types of subsequent performance should be impossible or disproportionate Seller shall have the right to refuse these. Seller shall bear the costs incurred in connection with the subsequent performance, in particular the transport costs, travel expenses, work and material costs; however, Seller shall not bear the costs incurred by moving the goods to a location other than the place of performance. If the types of subsequent performance set out in above repeatedly failed or should they be unreasonable for the Buyer or if Seller refuses both types of subsequent performance, the Buyer shall have a right to choose to either reduce the purchase price (reduction) or to rescind the contract in accordance with the statutory provisions (rescission). Claims for compensation of damages are restricted in accordance with paragraph 10 of these Terms and Conditions. Further claims by the Buyer, irrespective of their legal basis, are excluded. Notwithstanding the provisions above, liability for consequential losses is hereby excluded.
Limited Warranty a) Seller warrants that the Products as delivered shall, for the Warranty Period (as defined below), be free from material defects in materials and workmanship and shall substantially conform in all material respects to the applicable Product Specification. In particular, the Seller does not warrant that the Products are suitable for a particular use. The Customer is responsible for checking the suitability of the Products. Unless otherwise specified, the “Warranty Period” shall be period of twelve (12) months from the date of shipment to Buyer; provided that: (i) the Warranty Period for Lithium Fluoride PID lamps is thirty (30) days; (ii) the Warranty Period for Magnesium Fluoride PID lamps is six (6) months; and (iii) the Warranty Period for MVS flashlamps (part number 302-XXXX) is six (6) months.
b) For any material breach of the foregoing warranty, Seller shall, at its option, refund the purchase price, repair or replace the non-conforming Products, provided written notice of non-conformance is received by Seller within the Warranty Period. Non-conforming Products shall be, with Seller’s prior written authorization, returned to Seller within the Warranty Period. Buyer shall bear all risk of loss or damage to returned Products while in transit. Seller reserves the right to examine any alleged non-conformance and perform a failure analysis to determine if the alleged non- conformance is a result of breach of the foregoing warranty. Upon verification by Seller that the Products do not conform to this warranty, Seller will reimburse Buyer for the cost of transporting the Products to Seller’s manufacturing plant. The foregoing states Seller’s sole and exclusive obligation and Xxxxx’x sole and exclusive remedy for breach of the foregoing warranty. In the event no defect or breach of warranty is discovered by Seller upon receipt of returned Products, the Products will be returned to Buyer at Buyer’s expense and Xxxxx will reimburse Seller for the transpor- tation charge, labor, and associated charges incurred in testing the allegedly defective Products. Any replacement or repair provided to Buyer will not extend the Warranty Period for the Products in question. Other than in the event of breach of the foregoing warranty, Products may not be returned to Seller.
c) Except in the case of an authorized distributor of Seller that is authorized in writing by Seller to extend this warranty to distributor’s customers, the warranty under this Section 9 applies only to...
Limited Warranty. 9.1. Die Gewährleistung für Mängel und Rechtsmängel gilt für einen Zeitraum von 24 Monaten vom Zeitpunkt der Abliefe- rung an. Für Rechtsmängel haftet der Verkäufer nur, wenn die geltend gemachten Rechte für Deutschland bestehen und von dem Käufer nachgewiesen werden.
9.1. The warranty for defects and legal defects applies for a period of 24 months from the time of delivery. The war- ranty for legal defects is limited to rights which are asser- ted for German territory provided that the Buyer proves their subsistence.
9.2. Die Gewährleistung beschränkt sich auf die Nacherfül- lung. Kosten für das Entfernen der mangelhaften und den Einbau oder das Anbringen der mangelfreien Ware trägt der Käufer.
9.2. The warranty is limited to supplementary perfor- mance. The Buyer bears the costs for removing the defec- tive and installing or attaching the defect-free goods.
9.3. Im Falle des Unternehmerregresses trägt der Käufer die Beweislast für den Verkauf an einen Verbraucher und den Sachmangel zur Zeit des jeweiligen Gefahrübergangs, für die Rücknahme oder Reparatur der verkauften Ware sowie da- für, dass der Käufer zur Rücknahme oder Reparatur der ver- kauften Xxxx verpflichtet war.
Limited Warranty. The following is added to the end of Section 15.1:
Limited Warranty. The following is deleted from the first paragraph of Section 15.1: