Standard Limited Warranty. Distributor shall pass on to Subdistributor so that it may pass on to the customers the Supplier's standard limited warranty for Products, including limitations set for in subsection (b) Limitation of Liability and Warranty below. Except for the stated warranty set forth on, or included with, the Products as delivered to the Subdistributor and /or its customers, the warranty and remedy set forth in this 0 are exclusive and all other warranties, guarantees or representations, express or implied, by Distributor’s Suppliers with respect to the applicable Products, including, without limitation, warranties of merchantability and fitness for particular purpose, and any other obligation or liability of Distributor and its Suppliers to Subdistributor or to any third party with respect to the Products, are hereby excluded. This warranty is contingent upon proper use of a Product in the application for which such Product was intended and does not cover Products that were modified without Distributor or its Supplier’s prior written approval, that have expired or that were subjected to physical, chemical or electrical stress that the products were not originally designed for.
(i)Limited Warranty. The Company warrants to Distributor that the Products will be free from defects in materials and workmanship at the time of shipment of the Products to Distributor (the "Limited Warranty"). The Company's SOLE OBLIGATION and Distributor's SOLE REMEDY in the event of a defect covered by this warranty will be, at Company's option, to (a) replace the defective Product, or (b) refund to Distributor the purchase price paid by Distributor for such defective Product.
UNAUTHORIZED SHIPMENT OR SHIPMENT CONTRARY TO COMPANY'S INSTRUCTIONS WILL VOID THIS LIMITED WARRANTY. The Company will solely determine final disposition of any warranty claim.
Standard Limited Warranty. Distributor shall pass on to its customers Company's standard limited warranty for Products, including limitations set forth in Subsection4.2.4 Limitation of Liability and Warranty below. Except for the stated warranty set forth on, or included with, the products as delivered to the distributor and/or its customers, the warranty and remedy set forth in this section 4 are exclusive and all other warranties, guarantees or representations, express or implied, by Company with respect to the products, including, without limitation, warranties of merchantability and fitness for a particular purpose, and any other obligation or liability of Company to distributor or to any third party with respect to the products, are hereby excluded. This warranty is contingent upon proper use of a Product in the application for which such Product was intended and does not cover Products that were modified without Company's prior written approval, that have expired or that were subjected to physical, chemical or electrical stress that the Products were not originally designed for..
EACH Product is warranted to be free from defects in workmanship and materials at the time of delivery for a period of 3 months after delivery of each Product. This warranty is limited to the replacement of the Product.NO OTHER WARRANTY IS GIVEN BY SUPPLIERand no representation, warranty or affirmation of any employee, contractor, agent, detailer, distributor or any other person actually or purporting to represent Supplier, by word or action, will constitute a warranty and such word or action does not, and will not, expand or change the express warranty given in this Limited Warranty.SUPPLIER EXPRESSLY DISCLAIMS ANY OTHER EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING BY LAW, CUSTOM, CONDUCT, USAGE OR TRADE.
Remedies. Either ECM or ECM's customer may return any Product to Manufacturer under the terms of this limited warranty. Manufacturer's obligations under this limited warranty are limited to the repair or replacement, at its sole discretion, of the Products which are determined by Manufacturer to be not in compliance with this limited warranty, free of charge to the owner of the Products.
Modification or change of any Product by ECM or any other party may void this limited warranty. Damage due to accidents, misuse, negligence, improper use, unintended use, storage or transport is not covered. Damage due to exposure to the elements or chemicals is not covered.
e. ADS acknowledges and agrees that Products purchased by ADS pursuant to these Terms and Conditions of Purchase and the Purchase Order may contain, be contained in, incorporated into, attached to or packaged together with the products manufactured by a third party ("Third Party Products"). Third Party Products are not covered by the Seller’s limited warranty. For the avoidance of doubt, Seller makes no representations or warranties regarding any Third Party Products. Seller shall transfer or assign to ADS or the Customer all manufacturer warranties for Third Party Products or, if such transfer or assignment is not completed, shall take all reasonable steps to confer the benefits thereof on ADS or the Customer.
(a) Service. During the term of this Agreement, DEALER shall provide service, care, maintenance and repairs to Lion Products to its Customers in its Territory, including, without limitation, the provision of all parts and service under the terms of the Limited Warranty. DEALER shall use its best efforts to ensure that such customer service is provided in a prompt, professional and courteous manner.
14.1 Limited Warranty. Seller warrants that the Resonators delivered to Buyer shall in normal use conform in all material respects to Sellers final specifications agreed upon by the Parties for the Resonators and set forth in Exhibit F for a period of one (1)year plus thirty (30)days following the Delivery Date (the Warranty Period). Seller shall not make changes to any specifications for the Resonators, or any changes to the process characteristics, that affect form, fit or function without Buyers prior written consent, which shall not be unreasonably withheld. The foregoing warranty does not cover any nonconformity of, damage to, or defect in any Resonator that is caused in whole or in part by Buyers: (i)misuse or abuse including static discharge, neglect or accident, (ii)unauthorized modification or repairs, (iii)soldering or alteration during assembly such that the Resonators are not capable of being tested by Seller under its normal test conditions, (iv)improper installation, storage, handling, warehousing or transportation, or (v)being subjected to unusual physical, thermal, mechanical, vibrational, or electrical stress. Buyer shall cooperate in good faith, and provide all reasonable assistance necessary, to enable Seller to make a final determination as to the existence or cause of any alleged defect. Buyer acknowledges and agrees that this limited warranty shall not apply to Seller products or units identified as Pre-production units, which Buyer agrees are delivered AS IS and without any warranty, or right to recourse or credit of any kind whatsoever against Seller.
7.2 Express Limited Warranty. This Section7.2 sets forth Suppliers sole and exclusive warranty and Ousters sole and exclusive remedies with respect to a breach by Supplier of such warranty.
10.1Express Limited Warranty. This Section10.1 sets forth Cadence’s warranty with respect to the Product and Alimera's remedies with respect to a breach by Cadence of such warranty.
6.1 Limited Warranty. Provider represents and warrants that it shall furnish or cause to be furnished all of the Transition Services only to the standard set forth in Section3.1(d).