Warranties. CYBERGUN SA remains bound by the warranties provided by law. Subject to normal use of the goods, CYBER- GUN SA warrants in particular the buyer against: • any lack of conformity as from delivery of the goods for one year for the buyer and, • any hidden defect under the conditions provided for in Articles 1641 et seq. of the French Civil Code (Code civil). No warranty shall be applicable in the event of misuse, negligence or fault on the part of the buyer.
Warranties. Limitations and Disclaimers for Customers in Australia. If Customer (i) contracts with QlikTech Australia Pty Ltd, as set forth in Table 1 of this Agreement; and (ii) is a “consumer” under the Competition and Consumer Act 2010 (Cth), then: (a) Customer’s rights under Section 2 of the Agreement are separate and additional to any warranties or consumer guarantees that cannot be excluded under Australian law (including, without limitation, consumer guarantees as to title and acceptable quality under the Competition And Consumer Act) ("Non-Excludable Rights"); the limitations, exclusions and disclaimers contained in this Agreement shall not be apply to the extent that they purport to exclude any Non Excludable Rights; and (b) with respect to claims relating to breach of any Non Excludable Rights, the liability of Qlik is limited (where Qlik is permitted by law to do so) at Qlik's option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing the goods in respect of which the breach occurred, or resupplying or paying the cost of resupplying, the services in respect of which the breach occurred.
Warranties. In accordance with the legal provisions relating to compliance with the contract or hidden defects, particularly those set out in the Appendix to these Terms, defective products (without this being due to the Buyer) or products not matching the order shall be refunded or exchanged according to the Buyer's choice. Products shall be returned to the Vendor in the condition in which they were received with all accompanying elements (accessories, packaging, manuals ...). In this framework, shipping costs shall be refunded to the Buyer on the basis of the invoice price and return costs will be borne by the Vendor. Reimbursement shall be done by re-credit through the payment method used when ordering. These warranties are without prejudice to the right of withdrawal provided for in Article 4. Concerning the legal guarantee of conformity, the Buyer: benefit from a deadline of two years as from the delivery of the good to act towards his Seller; can choose between the repair or the replacement of the good, subject to the conditions of cost planned by the article L. 217-9 of the consumer code; is dispensed of bringing the piece of evidence regarding the defect of conformity of the good during six months following the delivery of the good. This deadline is carried in 24 months as from March 18th, 2016, safe for the second-hand properties. The legal guarantee of conformity applies independently of the commercial guarantee which can possibly cover your good. It is reminded that the Buyer can decide to operate towards his Seller, the guarantee against the hidden defects from the thing sold according to the article 1641 of the civil code and that in this hypothesis, he can choose between the resolution of the sale or the reduction of the sale price according to the article 1644 of the Civil code.
Warranties. A 20-year warranty is granted on the waterproofness of PLUGO swimming pool shells. For all accessories, the warranty is 2 years. The customer is obliged to approve the goods or work at the time of their delivery or execution. Any possible complaint regarding an apparent defect or lack of conformity must be made within 7 days by registered letter. The buyer will be foreclosed from the right to invoke the warranty for hidden defects three months after the equipment is made available. In the event of repair of the interior coating of a swimming pool, Bel-Cz Group sro will in no case be held responsible for a slightly different coloring of the whole. The implementation of the warranty may only be required after an examination of the parts in question by Bel-Cz Group sro has demonstrated the absence of cause for exclusion of the warranty. In this regard, the customer undertakes to strictly comply with our instructions regarding the use and maintenance of the work and the equipment provided, particularly in freezing weather or when emptying the tank. The following are considered grounds for exclusion from the warranty: improper use of products in the pool water, use of non-specific water treatment products, insufficient maintenance, lack of supervision, emptying of the pool without the company's authorisation, and seasonal pool opening and closing operations entrusted to another company or carried out by the customer. In any event, the warranty will only apply if the customer has complied with all of their obligations and paid the full agreed price. The user manuals for the pool and its accessories are provided upon delivery and/or installation and the customer who has not received them must request them in writing within eight days, failing which they will be deemed to have received all user manuals and training. Any motors that fail due to overvoltage are also not covered under warranty.
Warranties. (A) Seller warrants the product manufactured by Seller for a period of twelve (12) months from delivery (‘Warranty Period’) will materially conform to Seller’s standard specifications available from the Seller for such product at the time of the issuance of the order or to the specifications agreed between the parties, including drawings or descriptions, specification sheets, drawings, notes and technical data for such product. Seller further warrants that the product, at the time of their delivery, will be free from defects in material and workmanship for the Warranty Period.
(B) The express warranty set forth in the first sentence of this paragraph shall be the only warranty given by Seller with respect to the product/services provided.
(C) For third party products not manufactured by Seller, Seller's only responsibility is to assign to its Buyer any manufacturer’s warranty that does not prohibit such assignment.
(D) Product and parts that are consumed in normal operation are not covered by this Warranty.
(E) If the Buyer discovers a defect within the applicable Warranty Period, it must be reported in writing to Seller’s service department immediately upon discovery.
(F) Within a reasonable time after proper notification, Seller shall, during its normal business hours, Monday through Friday, correct any defect covered by this warranty with either new or used replacement parts, without charge. The above remedies are the exclusive remedies of Buyer, and the sole responsibility of Seller, for breach of this warranty as to repaired or replaced Product. SELLER'S LIABILITY FOR BREACH OF ANY WARRANTY SHALL BE LIMITED TO THE REMEDIES PROVIDED HEREIN.
(G) The Warranties cease to be effective if Buyer fails to operate and use the Product sold hereunder in a safe and reasonable manner in accordance with Xxxxxx’x written instructions.
(H) Buyer shall not be entitled to any remedy under the Warranties with respect to: (i) product/services that has been subjected to any alteration, disassembly,
Warranties. 12.1. Each party represents and warrants to the other party that:
(a) it has all right, power and authority necessary to enter into this Agreement and to fully perform its nécessaires pour conclure le présent Contrat et pour accomplir pleinement ses obligations en vertu du présent Contrat et a obtenu et maintiendra en vigueur tous les enregistrements nécessaires, autorisations, consentements et licences pour lui permettre de s'acquitter de ses obligations en vertu du présent Contrat; et
(b) la conclusion de ce Contrat et l’exécution de ses obligations ne viole pas et ne violera pas de contrat existant entre elle et une autre personne ou entité.
12.2. De plus, le Contractant déclare et garantit à RIA que:
Warranties. 7.1 The Supplier warrants and represents that:
(a) the execution and delivery of the Contract has been properly authorised; (b) it has full corporate power to execute, deliver and perform its obligationsunder the Contract; (c) it has the necessary expertise, skill, knowledge and resources to enable it to comply with its obligations under the Contract; (d) the Contract constitutes a legal, valid and binding obligation upon it and is enforceable in accordance with its terms by appropriate legal remedy; (e) there are no actions, claims, proceedings or investigations pending or threatened against it or by it of which it is aware and which may have a material effect on the subject matter of the Contract; (f) it has and will continue to have during the term of the Contract, all licences, authorisations, consents, approvals and permits required by all applicable laws and regulations in order to performthe Services, provide the Products and to otherwise perform its obligations under the Contract; (g) it holds and will continue to hold the insurance policies as required under the Contract; (h) it complies and will continue to comply with all laws, regulations, standards and industry best practice applicable to the Services, the Products and the performance of its obligations under the Contract; (i) the Products and Services (including their provision) comply with: (A) all Local Laws, standards and industry best practice; and (B) the Specifications; (j) the Products and Services do not infringe the Intellectual Property Rights of any party.
7.2 The Supplier must deliver any Third Party Warranty to the Purchaser in a form acceptable to the Purchaser on or before the Delivery Date or Completion Date (as applicable).
7.3 All warranties referred to in the Contract will run to the Purchaser,its successors and assigns.
7.4 The requirements of this clause 7 are in addition to any other warranties, rights, remedies or guarantees from the Supplier or third parties in respect of the Products and Services set out in thePurchase Order or implied or imposed by Local Law.
Warranties. 9.2.1 regarding action from third parties other than the Purchasers
Warranties. Each party represents and warrants to the other party as at the Commencement Date and during the Term that: it has full corporate power and authority to enter into, perform and observe its obligations under this Agreement, and that its execution, delivery and performance of this Agreement has been duly and validly authorised by all necessary corporate action; and its obligations under this Agreement are valid, binding and enforceable. Additionally, the Customer represents and warrants to Cortrols that as at the Commencement Date each of the following statements is true: all information provided to Cortrols under this Agreement is true, accurate and complete; each order placed by the Customer is deemed to be a representation by the Customer at the time that it is solvent and able to pay debts as and when they fall due; there is no litigation, arbitration, mediation or administrative proceedings taking place, pending or threatened, to which the Customer is a party or to which the Customer is reasonably likely to be a party; it has disclosed all information concerning it which could reasonably be regarded as affecting Cortrols’ decision to enter into this Agreement; it will immediately notify Cortrols if any circumstances arise that could reasonably be regarded as affecting Cortrols’ decision to accept an Order Form; no statement made by the Customer leading up to the Commencement Date has been misleading or deceptive in any material respect; it will perform all obligations under this Agreement; and it will immediately notify Cortrols in writing of any change of ownership within seven days of the change of ownership (Restructure) and the Customer agrees it will: cause any new entity created by virtue of a Restructure (New Entity) to be bound by this Agreement and any Order Forms; continue to be bound by this Agreement notwithstanding a Restructure; and indemnify Cortrols against any loss or damage incurred by Cortrols as a result of the Customer’s failure to comply with this clause.
Warranties. Eurotradia transfers the benefit of the warranties given by the supplier, manufacturer or repairer against material, design or manufacturing defects to the Buyer. The warranties only apply to the Products correctly assembled and maintained in compliance with the manufacturer’s recommendations as specified in the maintenance manuals, service bulletins and other instructions published by the manufacturers, and subject to the Products being used under normal operating conditions.