Hardware Warranty Sample Clauses

Hardware Warranty. Company warrants that for a period of one (1) year from delivery of Hardware, Hardware will be free from defects in material and workmanship in normal use, but does not cover any of the following: (i) improper installation, maintenance, adjustment, repair or modification by Customer or a third party; (ii) misuse, neglect, or any other cause other than ordinary use, including without limitation, accidents or acts of God; (iii) improper environment, excessive or inadequate heating or air conditioning, electrical power failures, surges, water damage or other irregularities; (iv) third party software or software drivers; or (v) damage during shipment.

Hardware Warranty. ForeScout warrants to Customer that for a period of ninety (90) days from the date of the Product is shipped, the Hardware (i) will be free from material defects in materials and workmanship and (ii) will perform in material conformity with the functions described in the accompanying Documentation, provided that such Hardware is used by Customer in accordance with such Documentation and this Agreement. ForeScout further warrants that Customer will receive good and clear title to the Hardware, free and clear of all liens and encumbrances (excluding any Software licensed to Customer pursuant to Section 2 (Grant of License; Reservation of Rights) above).

Hardware Warranty. Subject to the limitations set forth in this Agreement, Geoforce warrants that for one year from that date that title passes to Customer for Hardware (the “Warranty Period”), the Hardware sold will be free of defects in materials and workmanship when installed, operated, and serviced in strict accordance with Geoforce’s and the manufacturer’s requirements. If: (a) Geoforce is timely notified that the Hardware fails to operate because of a defect in materials or workmanship within the Warranty Period; (b) the failed Hardware is actively subscribed to the Service; and (c) Customer’s account is in good standing, Geoforce will, at its sole option and at no charge to Customer, repair or send a replacement for the Hardware to the location of initial export from a Supplier’s Jurisdiction noting Customer as the importer/exporter of record (if outside the US) or arrange for the Hardware’s repair or sending of a replacement or, in its discretion, refund any monies paid for such. Customer is responsible for removal and replacement of any failed Hardware at its own cost and shall return failed Hardware to Geoforce at Customer’s own cost within 30 days of Geoforce’s determination to repair or send a replacement of such failed Hardware or Geoforce will charge Customer the full price of the replacement. Warranty replacements do not extend the warranty therefore while any replacement device will continue to be covered under the original warranty period, it will not begin a new warranty period. THIS PARAGAPH DOES NOT COVER: (a) HARDWARE THAT HAS BEEN TAMPERED WITH OR SERVICED WITHOUT GEOFORCE’S AUTHORIZATION; (b) HARDWARE THAT HAS BEEN LOST OR STOLEN THROUGH NO FAULT OF GEOFORCE; (c) HARDWARE THAT IS DESIGNED TO BE CONSUMABLE, INCLUDING, BUT NOT LIMITED TO, NON-SERVICABLE ACTIVE RFID TAGS; OR (d) HARDWARE SUBJECTED TO ABUSE, MISUSE, NEGLECT, OR HOSTILE OPERATING ENVIRONMENTS AS OPPOSED TO HARSH ENVIRONMENTS. EXCEPT AS SET FORTH IN THIS AGREEMENT THE HARDWARE IS OFFERED “AS IS”. GEOFORCE DOES NOT WARRANT THAT THE HARDWARE WILL MEET CUSTOMER’S NEEDS OR EXPECTATIONS OR THAT ANY PIECE OF HARDWARE WILL WORK ON ANY PARTICULAR NETWORKS. REPLACEMENTS OF HARDWARE OUTSIDE OF THE WARRANTY FOR ANY REASON, INCLUDING BUT NOT LIMITED TO, CUSTOMER INITIATED DAMAGE, SHALL BE PROVIDED UPON REQUEST AT GEOFORCE’S THEN CURRENT PRICE.

Hardware Warranty. Contractor agrees to warrant and assume responsibility for all hardware portions of any Good or Custom Deliverable, that it licenses, contracts, or sells to DTS under this Contract, for a period of one (1) year. Contractor acknowledges that all warranties granted to DTS by the Uniform Commercial Code of the State of Utah apply to this Contract. Product liability disclaimers and/or warranty disclaimers from Contractor are not applicable to this Contract. In general, the Contractor warrants that the hardware: (a) will perform as specified in the Proposal; (b) will live up to all specific claims listed in the Proposal; (c) will be suitable for the ordinary purposes for which the hardware is used; (d) will be suitable for any special purposes that DTS has relied on Contractor’s skill or judgment to consider when it advised DTS about the hardware in the Proposal; (e) the hardware has been properly designed and manufactured; and (f) is free of significant defects or unusual problems about which DTS has not been warned.

Hardware Warranty. Swisslog manufactured Hardware will function, perform and conform in accordance with the included terms of then current Swisslog Documentation and specifications, under normal service. Swisslog’s sole obligation to Customer shall be limited to the repair or replacement, at Swisslog’s option, of defective Hardware provided that written notice of failure is received by Swisslog within one (1) year from date of the occurrence of either Beneficial Use or Final Acceptance, whichever occurred earlier.

Hardware Warranty. Seller warrants that the supplied hardware Goods are free from defects in materials and workmanship under normal and proper use for two (2) years from the date such Goods are delivered to Buyer. Seller will not be liable or responsible for defects in any part of Goods manufactured by others, but Seller will, as an accommodation to Buyer, assign to Buyer any warranties given to it by any such other manufacturers; provided, that the foregoing will not extend Seller’s warranty to any accessory products unless Seller specifically agrees in writing. This warranty will be void if, in Seller’s reasonable opinion, the defect was caused in whole or part by: (a) improper handling, use, operation, or testing by anyone other than Seller; (b) failure to properly install or maintain the Goods by anyone other than Seller; (c) failure to install, maintain, or service Goods in accordance with the current edition of any applicable safety code or Seller’s written instructions; (d) modification, alteration, or unauthorized repair by anyone other than Seller; (e) use with products or components that are incompatible with Seller’s Goods; (f) Force Majeure events or acts of vandalism, sabotage, or hacking; (g) radio frequency interference; (h) removal from the country where the Goods were purchased, use in a country in which they are not registered for use, and/or use in a country for which they were not designed; (i) use in fail-safe environments in which failure of the Goods could lead to personal injury or significant property damage;

Hardware Warranty. A. Mercury warrants to the original Buyer only that Hardware will, at the time of delivery, conform to ▇▇▇▇▇▇▇'s then current documentation supplied with the Hardware. Mercury further warrants to Buyer that Hardware will be free from defects in material and workmanship for the period of one (1) year (unless otherwise expressly stated on the applicable Mercury quotation) from the date of shipment of Hardware (the "Warranty Period"). The Warranty Period shall commence upon delivery to carrier as stated in Section 1 above. Mercury provides a lifetime warranty under the same warranty provisions stated above for the Mercury Rugged Edge Server (modular blade and RES rackmount) products initially released after July 1, 2021, excluding all BuiltSECURE products. B. Mercury will, at its sole option, repair or replace any Hardware found by Mercury to be defective if notified, in writing within the Warranty Period, and the defective Hardware is returned to Mercury prepaid. Buyer must first obtain shipping instructions from Mercury prior to returning any defective Hardware under this warranty. All repaired/replaced Hardware is warranted for ninety (90) days or the remaining unexpired term of the original warranty, whichever is longer. C. The above warranty is a limited warranty and will not apply if Mercury determines in good faith that (i) the Hardware has been altered/modified, other than by Mercury; (ii) the Hardware has been improperly used or installed; (iii) the Hardware has been used in a manner other than as specified by Mercury; (iv) the defect or non-conformance of the Hardware is caused by external factors such as, but not limited to, failure of electrical power; or (v) the Hardware or a component of the Hardware is designated end of life (EOL) by either Mercury or the Original Equipment Manufacturer (OEM). D. DISCLAIMER OF WARRANTY E. Increased and/or additional Technical Support Service programs can be added before the end of the warranty/service period by Buyer purchasing the appropriate level of service from Mercury. If there is any gap in service coverage, (a) Mercury reserves the right to verify operational status and condition of the Hardware at Buyer’s expense prior to commencement of a new Technical Support Service agreement, or

Hardware Warranty. RISK OF LOSS If you purchase any of the hardware Products directly from us, risk of loss or damage to hardware, will pass to you and acceptance will occur upon delivery to your “ship to” address or, if special shipping arrangements are agreed to, upon delivery to your carrier or designee. Title to hardware Products will pass from HPE to you upon full payment for or delivery of the Products, whichever is later. You agree to properly insure the Products for the benefit of HPE between the time risk of loss and damage pass and the time title passes.

Hardware Warranty. THE STATE OF UTAH DOES NOT ACCEPT ANY PROCUREMENT ITEM “AS-IS”. CONTRACTOR WARRANTS ALL HARDWARE PORTIONS OF ANY GOOD OR CUSTOM DELIVERABLE THAT IT DIRECTLY OR INDIRECTLY PROVIDES FOR A PERIOD OF ONE YEAR. ALL WARRANTIES GRANTED TO THE DIVISION AND ELIGIBLE USERS BY THE UNIFORM COMMERCIAL CODE OF THE STATE OF UTAH APPLY TO THIS CONTRACT. PRODUCT LIABILITY DISCLAIMERS AND/OR WARRANTY DISCLAIMERS FROM CONTRACTOR OR ITS SUPPLIERS ARE REJECTED. CONTRACTOR WARRANTS THAT THE HARDWARE: (A) WILL PERFORM AS SPECIFIED IN THE RESPONSE; (B) WILL LIVE UP TO ALL SPECIFIC CLAIMS LISTED IN THE RESPONSE; (C) WILL BE SUITABLE FOR THE ORDINARY PURPOSES FOR WHICH THE HARDWARE IS USED; (D) WILL BE SUITABLE FOR ANY SPECIAL PURPOSES THAT THE DIVISION HAS RELIED ON CONTRACTOR’S SKILL OR JUDGMENT TO CONSIDER WHEN IT ADVISED THE DIVISION ABOUT THE HARDWARE IN THE RESPONSE; (E) THE HARDWARE HAS BEEN PROPERLY DESIGNED AND MANUFACTURED; AND (F) IS FREE OF SIGNIFICANT DEFECTS.