Common use of Warranties and Remedies Clause in Contracts

Warranties and Remedies. 8.1 The Supplier warrants that: (a) the Supplier is the legal and beneficial owner of the Goods and has the right to sell the Goods to the Company free from all mortgages, charges, encumbrances, liens and other third party rights and claims; (b) the delivery of the Goods and performance of the Services complies with all applicable laws, regulations and other governmental requirements; (c) the Goods are new, free from defects, of merchantable quality and fit for the purposes for which the Goods would ordinarily be used and any other purposes notified by the Company to the Supplier; (d) the Goods conform with any specifications provided by the Company and the Services comply with the Company’s specified requirements; (e) the Services are fit for the purposes for which they would ordinarily be required and any other purposes notified by the Company to the Supplier and will achieve any results specified in the Order; (f) if the Supplier is not the manufacturer, the Goods conform with the manufacturer’s specifications; (g) there are no terms, conditions or restrictions which will become binding on the Company as a result of the sale of the Goods to the Company or the use of the Goods by the Company or the resale of the Goods by the Company; and (h) all information about the Goods given to the Company by or on behalf of the Supplier is true and correct in all material respects and is not misleading in any respect. 8.2 If the Supplier breaches any Warranties or the Company rejects any Goods under clause 2.4, then at the Company's discretion and upon demand from the Company, the Supplier must (as applicable) at the Supplier's cost and expense: (a) repair or modify the Goods to the Company’s reasonable satisfaction; (b) replace the Goods; (c) re-perform part or all of the Services; and/or (d) refund any amount paid by the Company to the Supplier in relation to the Goods and/or Services. The Supplier’s obligations under this clause 8.2shall continue for at least 24 months after the Goods are first received at the Company Site.

Warranties and Remedies. 8.1 The Supplier 17.1 Each party represents that it has validly entered into this Agreement with full power and authority. 17.2 ▇▇▇▇ warrants that: to the Customer that during the Subscription Term (ai) the Supplier is the legal and beneficial owner of the Goods and has the right to sell the Goods to the Company free from all mortgages, charges, encumbrances, liens and other third party rights and claims; (b) the delivery of the Goods and performance of the Services complies with all applicable laws, regulations and other governmental requirements; (c) the Goods are new, free from defects, of merchantable quality and fit for the purposes for which the Goods would ordinarily be used and any other purposes notified by the Company to the Supplier; (d) the Goods Customer’s production instance shall conform with any specifications provided by the Company and the Services comply with the Company’s specified requirements; (e) the Services are fit for the purposes for which they would ordinarily be required and any other purposes notified by the Company to the Supplier and will achieve any results specified in the Order; (f) if the Supplier is not the manufacturer, the Goods conform with the manufacturer’s specifications; (g) there are no terms, conditions or restrictions which will become binding on the Company as a result of the sale of the Goods to the Company or the use of the Goods by the Company or the resale of the Goods by the Company; and (h) all information about the Goods given to the Company by or on behalf of the Supplier is true and correct in all material respects with the Documentation, and (ii) ▇▇▇▇ shall perform any Professional Services in a competent and workmanlike manner consistent with industry standards (the foregoing clauses (i) and (ii), collectively, the “▇▇▇▇ Warranty”). In the event the Services are not performed as warranted, Customer must notify ▇▇▇▇ in writing of the issue with the Services within thirty (30) days providing a description of the deficiency. 17.3 ▇▇▇▇ DOES NOT WARRANT THE SERVICES WILL BE PERFORMED WITHOUT ERROR OR WITHOUT INTERRUPTION, THAT THE SERVICES WILL MEET THE CUSTOMERS EXPECTATIONS OR REQUIREMENTS OR THAT ▇▇▇▇ WILL CORRECT ALL ERRORS. ▇▇▇▇ SHALL NOT BE RESPONSIBLE FOR DEFICIENCIES OR ISSUES RELATED TO THE OPERATION, PERFORMANCE, OR SECURITY OF THE SERVICES ARISING FROM SERVICES PROVIDED BY THIRD PARTIES OR FROM THE CUSTOMER DATA. 17.4 In the event of a breach of the ▇▇▇▇ Warranty, customer’s exclusive remedy and Cora’s entire liability shall be at Cora’s option either (i) correction of the deficiency that caused the breach of warranty, or (ii) if this is not misleading commercially practicable in any respectCora’s opinion, either party may end the deficient services, in which case ▇▇▇▇ shall provide a refund of prepaid and unused fees for the period following the date of termination. 8.2 If 17.5 Except for the Supplier breaches any Warranties or the Company rejects any Goods under express warranties provided in this clause 2.417, then at the Company's discretion and upon demand from the Company, the Supplier must (as applicable) at the Supplier's cost and expense: (a) repair or modify the Goods to the Company’s reasonable satisfaction; extent permitted by law, ▇▇▇▇ expressly disclaims all other warranties, whether express or implied, including (bwithout limitation) replace for software, networks or environments, systems, fitness for a particular purpose, satisfactory quality, that the Goods; (c) re-perform part SaaS will meet specific requirements, merchantability, that the services will be uninterrupted, free from software errors, completely secure, or all of that defects and deficiencies in the Services; and/or (d) refund any amount paid by the Company to the Supplier in relation to the Goods and/or Services. The Supplier’s obligations under this clause 8.2shall continue for at least 24 months after the Goods are first received at the Company SiteSaaS or services will be corrected.

Warranties and Remedies. 8.1 The Supplier warrants that: (a) A. Subscriber understands that the Supplier Internet is not owned, operated, managed by or in any way affiliated with Oasis Broadband and that all content, services, information and other materials that may be offered, made available, or are accessible on the legal and beneficial owner Internet are offered, made available, or are accessible solely by third parties who are not affiliated with Oasis Broadband or its affiliates. Use of the Goods Internet by Subscriber, Subscriber’s subscribers or any other authorized users is solely at the respective user’s own risk and is subject to all applicable Laws. Oasis Broadband does not warrant that the Data Services will be uninterrupted or error-free, or that any information, software, or other material that may be accessible via the Data Services, is free of viruses, disabling code, worms, or any other harmful components. B. Without limiting anything contained herein, Subscriber further understands that the Internet contains unedited materials, some of which may be sexually explicit or may be offensive to some people and that Subscriber’s access to such materials are at Subscriber’s own risk. Oasis Broadband has no control over and accepts no responsibility of any kind for such materials. C. If Subscriber is dissatisfied with the Service provided under this Agreement, Subscriber shall have the right to sell the Goods to the Company free from all mortgagesterminate this Agreement, chargesin whole but not in part, encumbrancesin writing, liens and other third party rights and claims; no later than thirty (b30) the delivery of the Goods and performance days after installation of the Services complies with all applicable laws, regulations and other governmental requirements; (c) the Goods are new, free from defects, of merchantable quality and fit shall not be liable for the purposes early termination fee provided for which the Goods would ordinarily in Section 8 but shall remain liable for all other terms and conditions herein. D. EXCEPT AS PROVIDED IN C ABOVE, DATA SERVICES ARE PROVIDED ON AN “AS- IS” BASIS WITHOUT WARRANTIES OF ANY KIND. Oasis Broadband DISCLAIMS ALL WARRANTIES, ORAL OR WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE AND NON- INFRINGEMENT, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, WITH REGARD TO THE DATA SERVICES, ANY MERCHANDISE, INFORMATION OF SERVICE PROVIDED THROUGH THE INTERNET OR ANY TRANSACTIONS CONDUCTED ON THE INTERNET. E. WITH THE EXPRESS EXCEPTION OF THE REMEDIES SET FORTH IN SECTIONS 8.C AND 11.B OF THIS AGREEMENT, IN NO EVENT SHALL Oasis Broadband, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ASSIGNS BE LIABLE FOR ANY REMEDIES OR DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, INDIRECT, DIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM SUBSCRIBER’S OR ITS AUTHORIZED USERS’ RELIANCE ON OR USE OF CONTENT, INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE DATA SERVICES, OR THAT RESULT FROM OR ARE RELATED TO MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE OF ANY KIND, EVEN IF Oasis Broadband HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. F. Any legal action arising out of this Agreement shall be used and any other purposes notified brought by the Company to the Supplier; Subscriber within a period of one (d1) the Goods conform with any specifications provided by the Company and the Services comply with the Company’s specified requirements; (e) the Services are fit for the purposes for which they would ordinarily be required and any other purposes notified by the Company to the Supplier and will achieve any results specified in the Order; (f) if the Supplier is not the manufacturer, the Goods conform with the manufacturer’s specifications; (g) there are no terms, conditions or restrictions which will become binding on the Company as a result year of the sale of the Goods occurrence giving rise to the Company such action or the use of the Goods by the Company or the resale of the Goods by the Company; and (h) all information about the Goods given to the Company by or on behalf of the Supplier is true and correct in all material respects and is not misleading in any respectshall be deemed waived. 8.2 If the Supplier breaches any Warranties or the Company rejects any Goods under clause 2.4, then at the Company's discretion and upon demand from the Company, the Supplier must (as applicable) at the Supplier's cost and expense: (a) repair or modify the Goods to the Company’s reasonable satisfaction; (b) replace the Goods; (c) re-perform part or all of the Services; and/or (d) refund any amount paid by the Company to the Supplier in relation to the Goods and/or Services. The Supplier’s obligations under this clause 8.2shall continue for at least 24 months after the Goods are first received at the Company Site.

Warranties and Remedies. 8.1 5.1 The Supplier warrants that: (a) the Supplier is the legal and beneficial owner of the Goods and has the right to sell the Goods to the Company free from all mortgages, charges, encumbrances, liens and other third party rights and claims; (b) the delivery of the Goods and performance of the Services complies with all applicable laws, regulations and other governmental requirements; (c) the Goods are new, free from defects, of merchantable quality and fit for the purposes for which the Goods would ordinarily be used and any other purposes notified by stated in these Terms and Conditions or the Company to the Supplier; (d) the Goods conform with any specifications provided by the Company and the Services comply with the Company’s specified requirements; (e) the Services are fit for the purposes for which they would ordinarily be required and any other purposes Order, or otherwise notified by the Company to the Supplier and will achieve any results specified in on or before the date of the Order; (fd) where the Company has provided specifications for the Goods to the Supplier on or before the date of the Order, the Goods conform with such specifications provided by the Company; (e) if the Supplier is not the manufacturer, the Goods conform with the manufacturer’s specifications; (f) without limiting clause 4.5 the Goods satisfy the requirements of any Australian standards specified in the Order or any international standards that apply to them or to goods of the same or similar type and of all applicable laws; (g) the sale of the Goods to the Company under this Order will not infringe the laws of any relevant jurisdiction and the Supplier has all licences required under the laws of any relevant jurisdiction to sell and deliver the Goods to the Company; (h) there are no terms, conditions or restrictions including patent conditions which will become binding on the Company as a result of the sale of the Goods to the Company or the use of the Goods by the Company or the resale of the Goods by the Company; and (hi) all information about the Goods given to the Company by or on behalf of the Supplier is true and correct in all material respects and is not misleading in any respect. 8.2 5.2 If the Supplier breaches any Warranties or the Company rejects any Goods under clause 2.42.6, then at the Company's ’s discretion and upon demand from the Company, Company the Supplier must (as applicable) at the Supplier's ’s cost and expense: (a) repair or modify the Goods to the Company’s reasonable satisfaction; (b) replace the Goods;; and / or (c) re-perform part or all of the Services; and/or (d) refund any amount paid by the Company to the Supplier in relation to the Goods and/or Services. Goods. 5.3 The Supplier’s obligations under this clause 8.2shall 5.2 shall continue for at least the longer of: (a) 24 months months; (b) any longer period required by law; and (c) any longer period agreed by the parties; after the Goods are first received at the Company SiteDelivered pursuant to clause 2.

Warranties and Remedies. 8.1 The Supplier warrants that: (a) A. Subscriber understands that the Supplier Internet is not owned, operated, managed by or in any way affiliated with Oasis Broadband and that all content, services, information and other materials that may be offered, made available, or are accessible on the legal and beneficial owner Internet are offered, made available, or are accessible solely by third parties who are not affiliated with Oasis Broadband or its affiliates. Use of the Goods Internet by Subscriber, Subscriber’s subscribers or any other authorized users is solely at the respective user’s own risk and is subject to all applicable Laws. Oasis Broadband does not warrant that the Data Services will be uninterrupted or error-free, or that any information, software, or other material that may be accessible via the Data Services, is free of viruses, disabling code, worms, or any other harmful components. B. Without limiting anything contained herein, Subscriber further understands that the Internet contains unedited materials, some of which may be sexually explicit or may be offensive to some people and that Subscriber’s access to such materials are at Subscriber’s own risk. Oasis Broadband has no control over and accepts no responsibility of any kind for such materials. C. If Subscriber is dissatisfied with the Service provided under this Agreement, Subscriber shall have the right to sell the Goods to the Company free from all mortgagesterminate this Agreement, chargesin whole but not in part, encumbrancesin writing, liens and other third party rights and claims; no later than thirty (b30) the delivery of the Goods and performance days after installation of the Services complies with all applicable laws, regulations and other governmental requirements; (c) the Goods are new, free from defects, of merchantable quality and fit shall not be liable for the purposes early termination fee provided for which the Goods would ordinarily in Section 8 but shall remain liable for all other terms and conditions herein. D. EXCEPT AS PROVIDED IN C ABOVE, DATA SERVICES ARE PROVIDED ON AN “ASIS” BASIS WITHOUT WARRANTIES OF ANY KIND. Oasis Broadband DISCLAIMS ALL WARRANTIES, ORAL OR WRITTEN, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE AND NONINFRINGEMENT, AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, WITH REGARD TO THE DATA SERVICES, ANY MERCHANDISE, INFORMATION OF SERVICE PROVIDED THROUGH THE INTERNET OR ANY TRANSACTIONS CONDUCTED ON THE INTERNET. E. WITH THE EXPRESS EXCEPTION OF THE REMEDIES SET FORTH IN SECTIONS 8.C AND 11.B OF THIS AGREEMENT, IN NO EVENT SHALL Oasis Broadband, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ASSIGNS BE LIABLE FOR ANY REMEDIES OR DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, INDIRECT, DIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM SUBSCRIBER’S OR ITS AUTHORIZED USERS’ RELIANCE ON OR USE OF CONTENT, INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE DATA SERVICES, OR THAT RESULT FROM OR ARE RELATED TO MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE OF ANY KIND, EVEN IF Oasis Broadband HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. F. Any legal action arising out of this Agreement shall be used and any other purposes notified brought by the Company to the Supplier; Subscriber within a period of one (d1) the Goods conform with any specifications provided by the Company and the Services comply with the Company’s specified requirements; (e) the Services are fit for the purposes for which they would ordinarily be required and any other purposes notified by the Company to the Supplier and will achieve any results specified in the Order; (f) if the Supplier is not the manufacturer, the Goods conform with the manufacturer’s specifications; (g) there are no terms, conditions or restrictions which will become binding on the Company as a result year of the sale of the Goods occurrence giving rise to the Company such action or the use of the Goods by the Company or the resale of the Goods by the Company; and (h) all information about the Goods given to the Company by or on behalf of the Supplier is true and correct in all material respects and is not misleading in any respectshall be deemed waived. 8.2 If the Supplier breaches any Warranties or the Company rejects any Goods under clause 2.4, then at the Company's discretion and upon demand from the Company, the Supplier must (as applicable) at the Supplier's cost and expense: (a) repair or modify the Goods to the Company’s reasonable satisfaction; (b) replace the Goods; (c) re-perform part or all of the Services; and/or (d) refund any amount paid by the Company to the Supplier in relation to the Goods and/or Services. The Supplier’s obligations under this clause 8.2shall continue for at least 24 months after the Goods are first received at the Company Site.

Warranties and Remedies. 8.1 The Supplier warrants that: (a) Subject to the Supplier is conditions set out herein, ▇▇▇▇▇▇▇▇▇ to Customer a limited warranty that the legal Goods will correspond with their Specification at the time of delivery and beneficial owner will be free from defects in material and workmanship during the Goods Warranty Period. Sartorius will at its option repair, replace or refund the Price of the Goods that do not comply with this clause 16(a) provided that the Customer serves a written notice on Sartorius (i) in the case of defects discoverable by a physical inspection not later than five (5) Business Days from the arrival of the Goods at the Delivery Location; or (ii) in the case of latent defects, within a reasonable period of time from arrival of the Goods at the Delivery Location or, according to Applicable Law, from the date Customer identifies such latent defects, that some or all of the Goods do not comply with this clause 16(a) and has identifying in sufficient detail the right nature and extent of the defects.. The Customer will be deemed to sell accept the Goods if it does not notify ▇▇▇▇▇▇▇▇▇ of any failure of the Goods to comply with this clause 16(a) within the Company free time periods set out above. The Customer will comply with any returns policy of ▇▇▇▇▇▇▇▇▇ that may be notified to the Customer from all mortgagestime to time, chargesincluding if and to the extent such returns policy specifies alternative procedures and time periods to those set out above. Similarly, encumbrancesand subject to the conditions set out herein, liens ▇▇▇▇▇▇▇▇▇ provides to Customer a limited warranty that the Reagents and other third party rights and claims;▇▇▇▇▇▇▇▇, will be stable during the Goods Warranty Period, being understood that the stability of the Reagent and/or Plasmid may however be modified when the Reagent and/or Plasmid is mixed to constitute a compound. (b) The above warranty is given by ▇▇▇▇▇▇▇▇▇ subject to the delivery following conditions: (i)Sartorius shall be under no liability in respect of any defect in the Goods arising from any drawing, design or Customer’ Specification supplied by the Customer; and (ii) Sartorius shall be under no liability in respect of any defect arising from normal wear and tear, accident, disaster or Force Majeure event, misuse, fault or willful damage, negligence, abnormal working conditions, power surges or electrical failures, failuretofollow Sartorius's instructions (whether oral or in writing) as to storage, handling, use, expiry, installation, commissioning, maintenance, return or disposal of the Goods and performance or good practice in relation to the storage, installation, commissioning, use or maintenance of the Services complies with all applicable lawsGoods, regulations and other governmental requirements; (c) misuse or alteration or repair of the Goods are new, free from defects, of merchantable quality and fit for without ▇▇▇▇▇▇▇▇▇’▇ approval; (iii) Sartorius shall be under no liability under the purposes for which the Goods would ordinarily be used and above warranty (or any other purposes notified by the Company to the Supplier; (d) the Goods conform with any specifications provided by the Company and the Services comply with the Company’s specified requirements; (e) the Services are fit for the purposes for which they would ordinarily be required and any other purposes notified by the Company to the Supplier and will achieve any results specified in the Order; (fwarranty, condition or guarantee) if the Supplier is not the manufacturer, total Price for the Goods conform has not been paid by the due date for payment; (iv) the above warranty does not extend to parts or materials not manufactured by Sartorius, in respect of which the Customer shall only be entitled to the benefit of any such warranty or guarantee as is given by the manufacturer to Sartorius; (v) Sartorius shall be under no liability under the above warranty (or any other warranty, condition or guarantee) where the Customer uses any Goods after notifying Sartorius that such Goods do not comply with clause 16(a) hereof; (vi) Sartorius shall be under no liability in regarding the manufacturer’s specifications; effectiveness of the Reagent and/or Plasmid once it has been incorporated into another product or mixed to constitute a compound; (gvii) there are Sartorius shall be under no termsliability under the above warranty (or any other warranty, conditions condition or restrictions which will become binding on the Company guarantee) where such failure arises as a result of the sale of damage or loss which occurs after risk in the Goods has passed to the Company or the use of the Goods by the Company or the resale of the Goods by the CompanyCustomer. ANY INSTALLATION, MAINTENANCE, REPAIR, SERVICE, RELOCATION OR ALTERATION TO OR OF, OR ANY OTHER TAMPERING WITH, THE GOODS PERFORMED BY ANY OTHER PERSON OUTSIDE OF SARTORIUS, WITHOUT PRIOR WRITTEN APPROVAL FROM SARTORIUS, USE OF ANY PARTS NOT SUPPLIED BY SARTORIUS FOR SUCH GOODS, OR USE OF THE GOODS IN A BSL 3/4 ENVIRONMENT WILL IMMEDIATELY AND AUTOMATICALLY VOID AND CANCEL ALL WARRANTIES WITH RESPECT TO SUCH GOODS. THE WARRANTY PROVIDED HEREUNDER MAY ALSO BE CANCELLED AND VOIDED BY ▇▇▇▇▇▇▇▇▇ IN THE EVENT CUSTOMER SHIPS THE GOODS OUTSIDE THE COUNTRY TO WHICH SARTORIUS SHIPPED THE GOODS. SARTORIUS’ WARRANTIES EXTEND ONLY TO THE CUSTOMER NAMED ON THE QUOTATION AND CUSTOMER CANNOT TRANSFER THE WARRANTY. EXCEPT FOR THE WARRANTY EXPRESSLY SET FORTH IN SECTION 16(a), SARTORIUS MAKES NO WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE GOODS AND SERVICES, DURING OR AS PART OF THE COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY, (I) WARRANTY OF MERCHANTABILITY; and OR (hII) all information about the Goods given to the Company by or on behalf of the Supplier is true and correct in all material respects and is not misleading in any respectWARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. 8.2 If the Supplier breaches any Warranties or the Company rejects any Goods under clause 2.4, then at the Company's discretion and upon demand from the Company, the Supplier must (as applicable) at the Supplier's cost and expense: (a) repair or modify the Goods to the Company’s reasonable satisfaction; (b) replace the Goods; (c) re-perform part or all of the Services; and/orTHIS WARRANTY IS EXCLUSIVE AND IS THE SOLE AND EXCLUSIVE OBLIGATIONS OF SARTORIUS WITH RESPECT TO THE GOODS AND SERVICES AND ALL OTHER WARRANTIES, CONDITIONS OR OTHER TERMS IMPLIED BY STATUTE OR LAW ARE EXCLUDED TO THE FULLESTEXTENT PERMITTED BY LAW. SARTORIUS SHALL NOT HAVE ANY OTHER OBLIGATION WITH RESPECT TO THE GOODS, SERVICES, OR ANY PART THEREOF, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. THE REMEDIES SET FORTH IN SECTION 9(b) SHALL BE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY. (d) refund any amount paid by the Company In no event shall Customer be entitled to the Supplier make a warranty claim if Customer is in relation breach of its obligations, including but not limited to the Goods and/or Services. The Supplier’s obligations under this clause 8.2shall continue for at least 24 months after the Goods are first received at the Company Sitepayment, hereunder.

Warranties and Remedies. 8.1 The Supplier 17.1 Each party represents that it has validly entered into this Agreement with full power and authority. 17.2 ▇▇▇▇ warrants that: to the Customer that during the Subscription Term (ai) the Supplier is the legal and beneficial owner of the Goods and has the right to sell the Goods to the Company free from all mortgages, charges, encumbrances, liens and other third party rights and claims; (b) the delivery of the Goods and performance of the Services complies with all applicable laws, regulations and other governmental requirements; (c) the Goods are new, free from defects, of merchantable quality and fit for the purposes for which the Goods would ordinarily be used and any other purposes notified by the Company to the Supplier; (d) the Goods Customer’s production instance shall conform with any specifications provided by the Company and the Services comply with the Company’s specified requirements; (e) the Services are fit for the purposes for which they would ordinarily be required and any other purposes notified by the Company to the Supplier and will achieve any results specified in the Order; (f) if the Supplier is not the manufacturer, the Goods conform with the manufacturer’s specifications; (g) there are no terms, conditions or restrictions which will become binding on the Company as a result of the sale of the Goods to the Company or the use of the Goods by the Company or the resale of the Goods by the Company; and (h) all information about the Goods given to the Company by or on behalf of the Supplier is true and correct in all material respects with the Documentation, and (ii) ▇▇▇▇ shall perform any Professional Services in a competent and workmanlike manner consistent with industry standards (the foregoing clauses (i) and (ii), collectively, the “▇▇▇▇ Warranty”). In the event the Services are not performed as warranted, Customer must notify ▇▇▇▇ in writing of the issue with the Services within thirty (30) days providing a description of the deficiency. 17.3 ▇▇▇▇ DOES NOT WARRANT THE SERVICES WILL BE PERFORMED WITHOUT ERROR OR WITHOUT INTERRUPTION, THAT THE SERVICES WILL MEET THE CUSTOMERS EXPECTATIONS OR REQUIREMENTS OR THAT ▇▇▇▇ WILL CORRECT ALL ERRORS. ▇▇▇▇ SHALL NOT BE RESPONSIBLE FOR DEFICIENCIES OR ISSUES RELATED TO THE OPERATION, PERFORMANCE, OR SECURITY OF THE SERVICES ARISING FROM SERVICES PROVIDED BY THIRD PARTIES OR FROM THE CUSTOMER DATA. 17.4 In the event of a breach of the ▇▇▇▇ Warranty, customer’s exclusive remedy and ▇▇▇▇’s entire liability shall be at Cora’s option either (i) correction of the deficiency that caused the breach of warranty, or (ii) if this is not misleading commercially practicable in any respectCora’s opinion, either party may end the deficient services, in which case ▇▇▇▇ shall provide a refund of prepaid and unused fees for the period following the date of termination. 8.2 If 17.5 Except for the Supplier breaches any Warranties or the Company rejects any Goods under express warranties provided in this clause 2.417, then at the Company's discretion and upon demand from the Company, the Supplier must (as applicable) at the Supplier's cost and expense: (a) repair or modify the Goods to the Company’s reasonable satisfaction; extent permitted by law, ▇▇▇▇ expressly disclaims all other warranties, whether express or implied, including (bwithout limitation) replace for software, networks or environments, systems, fitness for a particular purpose, satisfactory quality, that the Goods; (c) re-perform part SaaS will meet specific requirements, merchantability, that the services will be uninterrupted, free from software errors, completely secure, or all of that defects and deficiencies in the Services; and/or (d) refund any amount paid by the Company to the Supplier in relation to the Goods and/or Services. The Supplier’s obligations under this clause 8.2shall continue for at least 24 months after the Goods are first received at the Company SiteSaaS or services will be corrected.