WARRANTY REMEDIES definition

WARRANTY REMEDIES. Buyer's sole and exclusive remedy under warranty shall be repair or at Varian's option replacement of defective Products, parts, accessories or Software. If in Varian's opinion such repair or replacement is not feasible, or if such remedy fails of its essential purpose, Varian may refund or credit a portion of any sum paid by buyer for the Product, Software or Service. In-warranty repair or replacement parts are warranted only for the unexpired portion of the original warranty period. Varian's warranties shall not apply to the extent that malfunction is caused in Varian's reasonable opinion by (1) accident, abuse, alteration, misuse or neglect, (2) failure to use Products under normal operating conditions or environment, or within Varian specified ratings, or according to any operating instructions provided by Varian, (3) lack of routine care or maintenance as indicated in any Varian operating or maintenance instructions, (4) failure to use or take any proper precautions under the circumstances, (5) user modification of any Product or Software, or (6) latent defects discovered after expiration of the applicable warranty period. This warranty does not cover Buyer-supplied software, equipment warranted by another manufacturer, or replacement of expendable, consumable or limited life items. Warranties given by other suppliers of equipment, accessories, components or computer software not owned by Varian but incorporated by Varian on or into Products are passed on to Buyer and shall apply only to the equipment, accessories, components or computer software of which they are a part. Varian shall have no liability under warranties provided by other suppliers, nor shall Varian have any liability for failure of other suppliers to perform under their warranty. Varian's liability under warranty shall be determined solely by Varian's warranty, including all its exclusions and limitations.
Sample 1
WARRANTY REMEDIES. If any of Seller’s warranties is breached in any manner within two (2) years after completion of final delivery/performance by Seller under this Purchase Order, Purchaser may, at its election, return such items to Seller at Seller's risk and expense and require repayment of any amounts paid for returned items (including shipping and insurance costs), or require Seller, at Seller’s expense, to promptly replace or correct such items. Seller's warranty obligations shall include, without limitation, paying all expense of furnishing and installing parts or making alterations to existing parts, including but not limited to “in and out” costs (i.e., tear out, rebuild, etc.), and costs of tests made necessary by failure or breach of such warranty. If, in the reasonable judgment of Purchaser, Seller’s response time is not sufficient to avoid loss of operation, downtime, or other significant damage to Purchaser, then Purchaser may carry out the warranty remedy itself at Seller’s expense. QMS/ISO STANDARDS: Seller shall maintain a Quality Management System (QMS) based on or certified to all applicable ISO or other standards required by Purchaser from time to time. Seller shall maintain a QMS that ensures that all finished goods/services have been inspected and accepted prior to delivery. This inspection should verify that the material being furnished against this purchase order meets the requirements, drawings and specifications referenced. There should also be a record of these inspections on file at the vendor’s facility. Without limiting the foregoing, prior to release of externally provided products into its production flow, Seller shall confirm and be able to provide evidence that externally provided processes, materials, goods, products and services conform to the latest applicable statutory, regulatory and other requirements in the countries where they are manufactured and in the United States. Seller’s QMS is subject to audit and approval or disapproval at all times by Purchaser.
Sample 1

Examples of WARRANTY REMEDIES in a sentence

  • THERE ARE NO OTHER WARRANTIES OR WARRANTY REMEDIES, ORAL OR WRITTEN, EXPRESS OR IMPLIED.

  • THE WARRANTY REMEDIES STATED ABOVE ARE THE SOLE AND EXCLUSIVE REMEDIES FOR FAILURE OF FORBO FLOORING PRODUCTS TO COMPLY WITH FORBO’S WARRANTY FOR ANY OTHER CLAIMED DEFECTS IN FORBO FLOORING MATERIALS.

  • THE WARRANTY REMEDIES STATED ABOVE ARE THE SOLE AND EXCLUSIVE REMEDIES FOR FAILURE OF FORBO FLOORING PRODUCTS TO COMPLY WITH THIS LIMITED WARRANTY FOR ANY OTHER CLAIMED DEFECTS IN FORBO FLOORING MATERIALS.

  • NO WARRANTY; REMEDIES; CONSEQUENTIAL DAMAGES (a) WARRANTY DISCLAIMER.

  • TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOLE AND EXCLUSIVE WARRANTIES AND WARRANTY REMEDIES ARE SET FORTH IN THE AGREEMENT.

  • THE WARRANTY REMEDIES EXPRESSLY PROVIDED IN THIS DOCUMENT WILL BE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES.

  • THE WARRANTY REMEDIES STATED ABOVE ARE THE SOLE AND EXCLUSIVE REMEDIES FOR FAILURE OF FORBO PRODUCTS TO COMPLY WITH FORBO’S WARRANTY FOR ANY OTHER CLAIMED DEFECTS IN FORBO MATERIALS.

  • WARRANTY REMEDIES: Upon breach of warranty, Contractor will repair or replace (at no charge to the Eligible User) the nonconforming Goods or Custom Deliverables.

  • THE WARRANTY REMEDIES STATED ABOVE ARE THE SOLE AND EXCLUSIVE REMEDIES FOR FAILURE OF FORBO PRODUCTS TO COMPLY WITH THIS LIMITED WARRANTY FOR ANY OTHER CLAIMED DEFECTS IN FORBO MATERIALS.

  • If there is a lead off as described the ball is dead and a no pitch shall be called and the runner(s) will be declared out.Leadoffs are permitted at all other divisions.


More Definitions of WARRANTY REMEDIES

WARRANTY REMEDIES. MMH's sole and exclusive remedy for nonconformance of any Products with the Product description or for failure due to defects in materials or workmanship in Products during the Warranty Period shall be, at Harnco's election, either Harnco's repair or correction of such nonconformance or defect or Harnco's furnishing without charge, F.C.A. Harnco's factory or warehouse, a replacement for any such nonconforming or defective part provided that Harnco is given immediate notice of any claimed nonconformance or defect and the part is available for inspection or, at the request of Harnco and at MMH's expense, delivered to Harnco. Harnco shall not be liable for the cost, including labor costs, of dismantling and installing replacement parts or for any other expense connected therewith or for any special, exemplary, incidental or consequential damages. MMH's sole and exclusive remedy for nonconformance of any Services with the foregoing warranty shall be Harnco's correction or reperformance of any such nonconforming Services provided that Harnco is given notice of any claimed nonconformance within 30 days of the performance of such Services. Except for the Harnco's direct costs incurred in correcting or reperforming nonconforming Services, Harnco shall not be liable for any other expense connected with the correction or reperformance of any Services or for any special, exemplary, incidental or consequential
Sample 1

Related to WARRANTY REMEDIES

  • Permitted Remedies means, with respect to any securities, one or more of the following remedies:

  • Remedies means actions designed to restore or preserve the complainant’s equal access to education after a respondent is found responsible. Remedies may include the same individualized services that constitute supportive measures, but need not be non-punitive or non-disciplinary, nor must they avoid burdening the respondent.

  • Required Percentage-Remedies shall be 66-2/3% of the aggregate Voting Rights.

  • Warranty Rights means the Warranty Rights as described in Schedule I to the Participation Agreement.

  • Breach of the security of the system means unauthorized acquisition or acquisition without valid authorization of physical or computerized data which compromises the security, confidentiality, or integrity of personal information maintained by the district. Good faith acquisition of personal information by an officer or employee or agent of the district for the purposes of the district is not a breach of the security of the system, provided that the private information is not used or subject to unauthorized disclosure.

  • Breach of Duty means the Director or Officer breached or failed to perform his or her duties to the Corporation and his or her breach of or failure to perform those duties is determined, in accordance with Section 8.04, to constitute misconduct under Section 180.0851 (2) (a) 1, 2, 3 or 4 of the Statute.

  • Remedy means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal.

  • Exercise of Secured Creditor Remedies means, except as otherwise provided in the final sentence of this definition:

  • Breach of system security means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of sensitive personal information maintained by a person, including data that is encrypted if the person accessing the data has the key required to decrypt the data. Good faith acquisition of sensitive personal information by an employee or agent of the person for the purposes of the person is not a breach of system security unless the person uses or discloses the sensitive personal information in an unauthorized manner. Business and Commerce Code 521.053(a)

  • Warranty Xxxx of Sale means the warranty (as to title) xxxx of sale covering the Aircraft executed by Manufacturer or an affiliate of Manufacturer in favor of Company and specifically referring to each Engine, as well as the Airframe, constituting a part of the Aircraft.

  • Warranty Receivable means a Receivable which the Seller is required to repurchase pursuant to Section 3.02.

  • Perfection Representations means the representations, warranties and covenants set forth in Schedule 1 attached hereto.

  • Forbearance Default means any of: (A) the occurrence of any Default or Event of Default other than the Specified Defaults, (B) the failure of Borrower or any other Designated Company to timely and strictly comply with any term, condition, covenant, agreement or other obligation set forth in this Agreement, (C) the failure of any representation or warranty made by Borrower or any other Designated Company under or in connection with this Agreement to be true and complete in all material respects as of the date when made or any other material breach of any such representation or warranty, (D) the taking of any action by Borrower or any other Designated Company to in any way repudiate or assert a defense to any Obligation under the Credit Agreement, this Agreement or any of the other Loan Documents or the assertion of any claim or cause of action against Administrative Agent, Co-Administrative Agent or any Lender relating in any way thereto, (E) the date on which Administrative Agent, in its sole discretion or at the direction of the Required Lenders, delivers to Borrower a written notice terminating the Forbearance Period, which notice may be delivered at any time upon or after the delivery of any Proposed Vendor Payment Schedule Rejection Notice (as defined below) by the Administrative Agent in accordance with Section 3(c)(ii) hereof, or (F) Borrower fails to receive Inventory purchased with a CIA Payment (as defined below) within six (6) Business Days of the making of such CIA Payment. The occurrence of any Forbearance Default shall constitute an immediate Event of Default under the Credit Agreement and other Loan Documents. Upon the termination or expiration of the Forbearance Period, the agreement of Administrative Agent, Co-Administrative Agent and each Lender hereunder to forbear from exercising its default-related rights and remedies shall immediately terminate without the requirement of any demand, presentment, protest, or notice of any kind, all of which Borrower and each other Designated Company hereby waives. Borrower and each other Designated Company further agrees that any of Administrative Agent (upon direction of the Required Lenders to the extent provided in the Credit Agreement) and each Lender may at any time after the expiration or termination of the Forbearance Period proceed to exercise any and all of its rights and remedies under any or all of the Credit Agreement, any other Loan Document and/or applicable law, all of which rights and remedies are hereby fully reserved by Administrative Agent and each Lender. Any agreement by Administrative Agent and the Lenders to extend the Forbearance Period, if any, must be set forth in writing and signed by Administrative Agent and the Lenders. Borrower and each other Designated Company acknowledges that none of Administrative Agent or any Lender has made any assurances concerning any possibility of any extension of the Forbearance Period. Borrower and each other Designated Company acknowledges and agrees that any Loan or other financial accommodation which Administrative Agent, Co-Administrative Agent or any Lender makes to or for the benefit of Borrower or any other Designated Company on or after the Forbearance Effective Date has been made by such party in reliance upon, and is consideration for, among other things, the general releases and indemnities contained in Section 5 hereof and the other covenants, agreements, representations and warranties of Borrower and each other Designated Company hereunder.

  • Exercise Any Secured Creditor Remedies or “Exercise of Secured Creditor Remedies” shall mean:

  • Indemnity Obligations means all obligations of the Company to Indemnitee under this Agreement, including the Company’s obligations to provide indemnification to Indemnitee and advance Expenses to Indemnitee under this Agreement.

  • Breach of trust means a breach of any duty imposed on a trustee by this Act or by the terms of the trust;

  • Breach of Agreement provisions of Section 5(a)(ii) will apply to Party A and will not apply to Party B.

  • Customer Default has the meaning set out in clause 8.3.

  • Warranty means any one of them.

  • the other party means, with respect to the Company, Parent and means, with respect to Parent, the Company.

  • Environmental Damages means all liabilities (including strict liability), losses, damages (excluding consequential, special, exemplary or punitive damages except to the extent such damages were imposed upon an Indemnitee as a result of any claims made against such Indemnitee by a governmental entity or any other third party), judgments, penalties, fines, costs and expenses (including fees, costs and expenses of attorneys, consultants, contractors, experts and laboratories), of any and every kind or character, at law or in equity, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, made, incurred, suffered, brought, or imposed at any time and from time to time, whether before or after the Release Date and arising in whole or in part from:

  • Major Representation means a representation or warranty with respect to the Borrower or the Merger Sub only under any of Clause 18.2 (Status) to Clause 18.6 (Validity and admissibility in evidence) inclusive.

  • Claimholders means the First Lien Claimholders and/or the Second Lien Claimholders, as the context may require.

  • Extended Warranty means an agreement for a specified duration to

  • Damage to Property means physical injury to or destruction of tangible property, including the loss of its use. Tangible property includes the cost of recreating or replacing stocks, bonds, deeds, mortgages, bank deposits and similar instruments, but does not include the value represented by such instruments.

  • Events of Default has the meaning specified in Section 6.01.