Common use of Warranties Disclaimers and Limitation of Liability Clause in Contracts

Warranties Disclaimers and Limitation of Liability. Installation Services. Subject to the conditions and limitations of liability stated herein, ASSA ABLOY warrants for a period of thirty (30) days from performance of the Services that Installation Services shall be performed in accordance with generally accepted industry standards. Hardware. Subject to the conditions and limitations of liability stated herein, ASSA ABLOY warrants that the Hardware products will be free from material defects in materials and workmanship and will substantially conform to the applicable Documentation in effect as of the date of manufacture for a period of one (1) year from the date of shipment. No credits or refunds will be given for Hardware products that are returned incomplete or damaged. ASSA ABLOY shall not be required to perform any warranty repairs of the Hardware at a specific site. Customer may be responsible for removing and reinstalling all the parts or components of the Hardware returned to ASSA ABLOY for repair under the warranty. Customer Remedies. Subject to the conditions and limitations of liability set forth herein: a) ASSA ABLOY’s sole and exclusive obligation and Customer’s sole and exclusive remedy for a breach of the foregoing limited Installation Services warranty under Clause 7.1. shall be ASSA ABLOY’s commercially reasonable effort to reperform the non-conforming part of the Services. ASSA ABLOY will, at ASSA ABLOY’s expense, take such actions it determines in its sole discretion are required to conform; b) ASSA ABLOY’s sole and exclusive obligation and Customer’s sole and exclusive remedy if the Service does not conform to ASSA ABLOY’s then current Documentation shall be ASSA ABLOY’s commercially reasonable efforts after receiving written notice of Customer describing in reasonable detail the specific nature of the defect or non- conformity to repair or replace the functionality of the non-conforming part of the Service to make it perform substantially in accordance with the Documentation. In the event ASSA ABLOY is unable to remedy the non- conformity and such non-conformity materially affects the functionality of the Service, Customer will have the right to terminate the applicable Service, in which case ASSA ABLOY must refund to Customer a pro rata portion of any fees pre-paid by Customer for the applicable remainder of the initial subscription period or renewal subscription period; c) ASSA ABLOY’s sole and exclusive obligation and Customer’s sole and exclusive remedy for breach of the foregoing limited warranties applicable to the sale of the Hardware under Clause

Appears in 1 contract

Sources: General Terms and Conditions

Warranties Disclaimers and Limitation of Liability. Installation Services. Subject to the conditions and limitations of liability stated herein, ASSA ABLOY warrants for a period of thirty (30) days from performance of the Services that Installation Services shall be performed in accordance with generally accepted industry standards. Hardware. Subject to the conditions and limitations of liability stated herein, ASSA ABLOY warrants that the Hardware products will be free from material defects in materials and workmanship and will substantially conform to the applicable Documentation in effect as of the date of manufacture for a period of one (1) year from the date of shipment. No credits or refunds will be given for Hardware products that are returned incomplete or damaged. ASSA ABLOY shall not be required to perform any warranty repairs of the Hardware at a specific site. Customer may be responsible for removing and reinstalling all the parts or components of the Hardware returned to ASSA ABLOY for repair under the warranty. Customer Remedies. Subject to the conditions and limitations of liability set forth herein: a) ASSA ABLOY’s sole and exclusive obligation and Customer’s sole and exclusive remedy for a breach of the foregoing limited Installation Services warranty under Clause 7.1. shall be ASSA ABLOY’s commercially reasonable effort to reperform the non-conforming part of the Services. ASSA ABLOY will, at ASSA ABLOY’s expense, take such actions it determines in its sole discretion are required to conform; b) ASSA ABLOY’s sole and exclusive obligation and Customer’s sole and exclusive remedy if the Service does not conform to ASSA ABLOY’s then current Documentation shall be ASSA ABLOY’s commercially reasonable efforts after receiving written notice of Customer describing in reasonable detail the specific nature of the defect or non- conformity to repair or replace the functionality of the non-conforming part of the Service to make it perform substantially in accordance with the Documentation. In the event ASSA ABLOY is unable to remedy the non- conformity and such non-conformity materially affects the functionality of the Service, Customer will have the right to terminate the applicable Service, in which case ASSA ABLOY must refund to Customer a pro rata portion of any fees pre-paid by Customer for the applicable remainder of the initial subscription period or renewal subscription period; c) ASSA ABLOY’s sole and exclusive obligation and Customer’s sole and exclusive remedy for breach of the foregoing limited warranties applicable to the sale of the Hardware under Clause

Appears in 1 contract

Sources: General Terms and Conditions