Common use of No Warranties on Service Clause in Contracts

No Warranties on Service. Except to the extent of any express, written limited warranties for devices supplied by TMLP, TMLP MAKES NO WARRANTIES AS TO THE SERVICE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR MERCHANTABILITY, FINESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMACE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, TMLP DOES NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY TMLP OR ITS AGENTS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND. In the event that a warranty is provided for a device, remedies for breach of such warranty shall be limited by the express terms of any such written warranty. Customer acknowledges that not all devices will include warranties, and if no express written warranty is provided for the device, the Customer accepts the device “AS IS” and shall not be entitled to replacement or refund in the event of any defect.

Appears in 2 contracts

Sources: Master Service Agreement, Master Service Agreement

No Warranties on Service. Except to the extent of any express, written limited warranties for devices supplied by TMLP, ,TMLP MAKES NO WARRANTIES AS TO THE SERVICE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR MERCHANTABILITY, FINESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMACE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, TMLP DOES NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY TMLP OR ITS AGENTS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND. In the event that a warranty is provided for a device, remedies for breach of such warranty shall be limited by the express terms of any such written warranty. Customer acknowledges that not all devices will include warranties, and if no express written warranty is provided for the device, the Customer accepts the device “AS IS” and shall not be entitled to replacement or refund in the event of any defect.

Appears in 1 contract

Sources: Master Service Agreement