Common use of Limited Warranty Clause in Contracts

Limited Warranty. 11.1. Visma guarantees that the Services will perform substantially as described, provided they are properly licensed and set up. The Customer and Visma agree that the Services and delivery thereof will not be completely free of errors and that improving the Services is a continuous process. The Customer acknowledges that the Services are delivered “as is” and used at the Customer’s own risk. 11.2. Visma does not warrant that the Services will meet the Customer’s requirements, operate correctly with the Customer’s choice of equipment, systems or settings, be uninterrupted, nor free of errors. Further, use of the Internet to access and use the Services has not been established nor is it maintained by Visma, and Visma has no control over the Internet. Visma is not liable for the discontinuance or disruption of operation of any portion of the Internet, nor possible regulation of the Internet. Visma shall make all commercially reasonable efforts deemed appropriate to remedy and avoid such events, however Visma shall not guarantee that interruption will not occur. Visma shall not be liable for the performance or non- performance of Internet services or providers. 11.3. If the Services do not function in accordance with the limited warranty specified in the TOS, Visma shall correct the verified errors or defects in the Services at its own expense. Visma may choose to replace the Services or functionality instead of performing a correction. If Visma does not correct the verified errors or defects or replace the Services within a reasonable period of time, the Customer may terminate subscription to the applicable Service. In such a case, the Customer has the right to a pro-rated refund for any Subscription fees for the remaining subscription period for the affected Services starting from the month following verification by Visma of the errors or defects. Apart from this, the Customer shall not be entitled to make any claims against Visma. 11.4. The Service is provided on an “as is” basis and neither Visma nor any of its licensors offer any warranty, express or implied, except as expressly set forth herein, including without limitation warranties of title, non-infringement, merchantability, fitness for a particular purpose or system integration capability. No claims other than those specifically contained in the TOS have been made with respect to the Services, and the Customer shall not rely on any claims not expressly set out in the TOS. 11.5. Links to websites not owned or controlled by Visma which appear in the Service or associated webpages or Documentation is provided for convenience only. Visma is not responsible for such websites. 11.6. A judicial determination that any provision of the TOS is invalid in whole or in part shall not affect the enforceability of other provisions. In the event of such a determination, the relevant provision is replaced with a provision which, as far as possible, accomplishes the purpose of the original provision.