Services warranty clause samples

Product and Services Warranty. The term “Product and Services Warranty” shall refer to Seller’s warranties associated with the provision of any Goods or Services hereunder.

8.Services Warranty. Service Provider Representatives shall perform Services in accordance with good standards that are generally accepted in the United States of America on the Creation Date for the industry and profession relevant to Services. Service Provider shall correctly reperform any substandard Services without further cost to Licensee, if Licensee notifies Service Provider in writing of the substandard Services no later than 6 months after they are rendered. However, Service Provider has no duty to incur costs for corrective reperformance that exceed Service Fees paid for the Services being reperformed. THE CORRECTIVE REPERFORMANCE OF SUBSTANDARD SERVICES SHALL BE THE EXCLUSIVE REMEDY OF LICENSEE, AND THE EXCLUSIVE LIABILITY OF SERVICE PROVIDER AND ITS RELATED PERSONS, FOR ANY ERRONEOUS OR SUBSTANDARD SERVICES, AND LICENSEE WAIVES ANY OTHER RECOVERY, provided, however, that this Section 8 does not revoke or modify any provision of the Technology License Agreement.

Services Warranty. All Services will be performed (i) by qualified personnel in a professional manner, and (ii) in accordance with the performance specifications set forth in this Agreement, and subject to the terms and conditions set forth in this Agreement. Apogee will address issues brought forth by the Client aS soon as possible, generally within 24 hours. However, Apogee cannot guarantee a turnaround time. This section is applicable only if the client has an active Service Agreement.

11.5. Support Services Warranty. Qorvo warrants that it will perform the Support Services and Additional Services rendered under this Agreement in a professional manner consistent with industry standards.

Section2.4 Facility Services Warranty. During the Warranty Period, Operator shall perform the services to the Bloom Systems and the BOF necessary for the Portfolio to perform to the Warranty Specifications (the “System Service Warranty”). In the event that Owner desires Operator to service the Bloom Systems and the BOF beyond the Warranty Period, the rate for such time-based services will be quoted by Operator to Owner quarterly for the following quarter, and materials will be invoiced at the retail prices for such materials.

Section5.1 Facility Services Warranty. Without limiting Seller’s obligations under ARTICLE IV, during the Warranty Period, Seller shall perform, or cause to be performed, all such Facility Services in respect of the Bloom Systems and the BOF necessary for the Portfolio to perform to the Warranty Specifications (the “Facility Services Warranty”).

8.3No Maintenance Services Warranty. Kx will provide the Maintenance Services described herein in a professional and workmanlike manner, but Kx cannot guarantee that every error in the Licensed Software, or problem raised by Appian will be resolved. Kx Systems makes, and Appian receives, no warranties of any kind, express, implied or statutory, arising in any way out of or related to the Maintenance Services provided under this OEM Agreement.

Section7.1 Limited Software Technology Services Warranty. JD Group warrants that the Software Technology Services shall be performed in a manner consistent with similar services historically provided by the applicable JD Group Companies to other JD Group Companies. This warranty will be in effect for a period of thirty (30) days from the completion of any Software Technology Services. As the JD Finance Companies’ sole and exclusive remedy and the JD Group Companies’ entire liability for any breach of the foregoing warranty, JD Group shall, at its sole option and expense, promptly re-perform, or caused to be re-performed, any Software Technology Services that fail to meet this limited warranty.

5.2 End User Services Warranty. Pivotal warrants to VMware, and to each Channel Partner but only if VMware’s applicable agreement(s)with such Channel Partner so warrants and, if so, only to that extent, that the End User Services will be performed in a workmanlike manner and will conform to industry standards. Upon an End User providing Pivotal with a reasonably detailed written notice to cure any non-conformance within thirty (30) days of occurrence, Pivotal agrees to re-perform the Services to achieve commercially reasonable conformance with this warranty.

6.2 Limited Services Warranty. AnaptysBio’s sole warranty with respect to each Project is that AnaptysBio will perform such Project with due care and in accordance with applicable laws and regulations (including, without limitation, laws and regulations relating to health, safety and the environment, fair labor practices, unlawful discrimination and animal welfare), (b) the terms and conditions contained herein and (c)generally prevailing industry standards.

9.2 Limited Services Warranty. CMO represents and warrants that it will perform the Services under each SOW in accordance with Agreed Standards and in compliance with Applicable Laws. In the event of a material error by CMO in the performance of any such Services (excluding the Manufacture of Biologic) that renders the results of such Services invalid, CMO shall, at Client’s option and as Client’s sole remedy, either (i)repeat those particular Services at CMO’s expense, subject to Client providing CMO, at CMO’s cost, with any Client Materials necessary for the performance of such Services, or (ii)refund to Client the Service Fees actually paid for those particular Services. No claim for breach of CMO’s warranty under this Section9.2 with respect to Services performed under a SOW may be brought more than six (6)months after completion of the applicable Project.