A services warranty clause guarantees that the services provided will meet certain quality and performance standards, typically for a specified period. It often outlines the provider's obligation to rectify any defects or deficiencies discovered during the warranty period, ensuring customer satisfaction and accountability.
Services Warranty. Supplier warrants to Buyer that any Services shall at the time of performance thereof and during the Services Warranty Period be (i) performed in a good and workmanlike manner and free of any fault, defect or deficiency that would preclude or impair the ability of such Services to fulfill the purposes set forth in the applicable Purchase Order therefor in all material respects, (ii) consistent with a level of care, skill and judgment which conforms with Prudent Industry Practices, and (iii) in compliance with the requirements of this Agreement and the applicable Purchase Order (the “Services Warranty”). As used herein, the “Services Warranty Period” means the period of time commencing on the date of performance of the applicable Service and continuing to and ending on the first (1st) anniversary of such date.
Warranty Exclusions. The Equipment Warranty and the Services Warranty shall not apply if (a) the applicable Defect or failure is attributable to Buyer’s failure to operate, repair or maintain the Equipment in material compliance with the procedures set forth in any Supplier Documents furnished to Buyer, which procedures are identified therein as necessary to maintain the effectiveness of the warranties or (b) the applicable Defect or failure is attributable to Buyer’s or Buyer’s contractor’s misuse or abuse of the Equipment (c) if the Equipment has been used in a manner contrary to Supplier's instructions set forth in the Supplier Documents that are identified therein as necessary to maintain the effectiveness of the warranties; (d) the applicable Defect or failure is attributable to any materials or equipment provided by Buyer; or (e) if the Equipment has failed as a result of ordinary wear and tear.
This Services Warranty is applicable only if: the Engine, following Redelivery, (a) has been transported, stored, installed, operated, handled, maintained and repaired in accordance with the then-current CFM recommendations as stated in AMM or CFM manuals, Airworthiness Directives, Service Bulletins or other relevant written instructions; (b) has not been altered, modified or repaired by anyone other than the CFM Designated Repair Station; and (c) has not been subjected to accident, misuse, abuse or neglect.
The services warranty provided herein is exclusive and replaces all other warranties and guarantees, whether written, statutory, oral, or implied. This includes, without limitation, any warranty of merchantability, fitness for a particular purpose, or any implied warranty arising from course of dealing, course of performance, or usage of trade.
Services Warranty All Services performed under this Service Agreement shall be free from defects in workmanship. For Engines repaired and Redelivered within [***] preceding expiration of this Service Agreement, if Customer claims a defect in workmanship within either [***], and (a) Customer provides written notice to CFM of such defect within [***] of its discovery, and (b) Customer ships to CFM the part or component which gives rise to the claim to the facility directed by CFM within [***], or, in cases in which shipment is commercially impracticable, makes such part or component reasonably available to CFM’s personnel; and (c) CFM reasonably establishes that Customer’s claim is correct, CFM will provide or cause to provide, at CFM’S option, one of the following: i. Repair or replacement of the Part(s) affected by such defective workmanship, or ii. Upon prior written approval from CFM, pay Customer’s reasonable direct costs for such repairs, but in no event shall such costs exceed CFM’s internal costs of repair (unless prior approval is received from CFM), and iii.Reimburse Customer for transportation expenses reasonably incurred and adequately documented by Customer in connection with the warranty claim. The warranty period for the repaired or replaced workmanship will be the remainder of the original warranty period.
The warranties provided in this agreement are in place of, and the supplier expressly disclaims, and NCR expressly waives, all other warranties and representations, whether express, implied, statutory, arising by course of dealing or performance, custom, usage in trade, or otherwise. This includes compliance with materials declaration requirements, any material warranty, and any warranty of merchantability, fitness for a particular purpose, or non-infringement or misappropriation of any right, title, or interest of NCR or any third party. No oral or written statement or representation by the supplier, its agents, or employees will constitute or create a warranty or expand the scope of any warranty provided in this agreement.
Limited Services Warranty. MBI represents and warrants that (a) it will perform the Services under each SOW in a workmanlike manner and with professional diligence and skill in accordance with prevailing industry standards, and in material compliance with Agreed Standards and Applicable Laws; (b) the Services will be performed with requisite care, skill and diligence, by individuals who are appropriately trained and qualified; and (c) to MBI’s knowledge as of the Effective Date, MBI has not received any written communication alleging that the practice of MBI Technology infringes the patent rights or misappropriates the trade secrets of any Third Party and it will promptly notify Client in writing should it become aware of any claims asserting such violation. In the event of a material error by MBI in the performance of any Services that renders the Results invalid, MBI shall, at Client’s option and as Client’s SOLE REMEDY, either (i) repeat those particular Services at MBI’s expense, subject to Client providing MBI, at no cost to MBI, with any Client Materials and Client-Supplied Raw Materials necessary for the performance of such Services, or (ii) refund to Client the Fees actually paid for those particular Services. No claim for breach of MBI’s warranty under this Section 9.2 with respect to Services performed under an SOW may be brought more than [***] months after completion of the applicable Project.
Services Warranty. Provider represents and warrants to Customer that, during the Term, (i) the Services will conform to the Services descriptions, and the relevant Service Order(s); and (ii) all Services will be performed in a professional and workmanlike manner in accordance with the highest industry standards. In additional to any other rights or remedies that it may have under contract, at law or in equity, in the event that Provider fails to deliver the Services in accordance with the terms of this Agreement or any Service Order, Provider shall compensate Customer for all losses arising from redirected hashpower or pools, theft or misappropriation of Customer Hardware of other forms of theft or waste by the Provider, its personnel or contractors, affiliates or Facility personnel.
Services Warranty Disclaimer Except as set forth in this schedule, the services provided hereunder are on an “as is” basis, and the client’s and any eligible user’s use of them is at their own risk. Manager does not make, and hereby disclaims for itself and on behalf of its corporate parents, affiliates, and vendors, any and all express and implied warranties, including but not limited to warranties of accuracy, originality, consistency, timeliness, completeness, merchantability, fitness for a particular purpose, non-infringement, and title, as well as any warranties arising from a course of dealing, usage, or trade practice. Manager does not warrant that the services will perform at a particular speed, be uninterrupted, error-free, or completely secure, or be free of unauthorized hidden programs, trojan horses, worms, or viruses. Manager also does not warrant that the calculations or other functions performed on the client’s data will be correct or meet the client’s needs or expectations. Neither the manager nor the manager’s vendors will be responsible for loss of property or injury resulting from any service or for any failure or interruption of the services due to circumstances beyond the manager’s control. The manager’s sole responsibility for any other failure or interruption of the services will be to re-run client data or reports caused by a malfunction of the services. In no event will the manager or anyone else involved in the performance of any services be liable to the client or any other person for any special, incidental, consequential, indirect, punitive, exemplary, or other similar damages, including but not limited to lost profits or savings, costs incurred as a result of loss of time, loss of data, loss of software use, claims by others, inconvenience, or similar costs, or for the failure of the client to perform its responsibilities, even if the manager has been advised, knew, or should have known of the possibility of such damages.
Services Warranty and Pre-Production DSP Product (“Prototypes”) Warranty Disclaimer: a. Service Warranty: ADI warrants that all services provided under this agreement will be performed in a good and workmanlike manner and will conform to the agreed specifications. b. Warranty Disclaimer: Unless otherwise expressly stated in this agreement, ADI makes no express warranties and expressly disclaims all implied warranties, including, without limitation, the implied warranties of merchantability and fitness for a particular purpose.
Services Warranty. If Customer reasonably believes CM has failed in a material respect to perform the Services in accordance with the terms of this Agreement, Customer shall notify CM within thirty (30) days after the defective Services were performed, and in the event of such defective Services, Customer’s sole and exclusive remedy, and CM’s sole and exclusive obligation, shall be for CM to correct the defects or re-perform the Services.
Services Warranty. Company represents and warrants that the Services will be performed in a professional and workmanlike manner.
The Services warranty period shall be for a minimum of twelve (12) months or as otherwise agreed to by the Parties, beginning on the date following completion of the Services performed or provided pursuant to a Purchase Order.
Conditions and Limitations – Applicable to Services Warranty Any warranty for Engines or parts, LRU’s, components and material thereof, including the design, material or engineering defects of a manufacturer, will be the warranty, if any, of the manufacturer of such Engines or parts, LRU’s, components or material thereof. [***] THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESSED, IMPLIED OR STATUTORY (INCLUDING ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE).
Services and Deliverables. With respect to any Services or deliverables other than the manufacture of Products, the following shall apply: (a) Provider warrants to Client that the Services and each deliverable provided to Client under a Work Order will be performed and provided in accordance with, and will comply with, this Agreement, the relevant Work Order(s), all applicable specifications, cGMP (if applicable) and Applicable Law (the “Services Warranty”). If a timeline for the performance of Services is specified in a Work Order, Provider agrees to provide the Services in accordance with such timeline. (b) Client shall have [***] after Provider has completed a particular Service or delivered a particular deliverable to review such Service or deliverable to assess whether it meets the Services Warranty.
A services warranty is a contractual promise ensuring that a service provided will meet certain standards and conditions. It often outlines the expectations, responsibilities, and remedies related to the services rendered. This warranty assures clients or customers that the service provider is committed to delivering quality outcomes and can address any failures in meeting specified standards.
You should use a services warranty when you want to:
When writing a services warranty, consider including the following elements:
Example:
The service provider warrants that the consulting services will be performed in a professional and workmanlike manner and in accordance with any agreed-upon specifications. This warranty shall be valid for a period of 90 days following the completion of the services.
Services warranties are commonly found in the following types of contracts:
Try our AI contract analysis and extract important clauses and information from existing contracts.
< <
Dive deeper into the world of clauses and learn more about these other clauses that are used in real contracts.
A severability clause ensures that if any provision of a contract is found to be unenforceable or invalid, the remaining provisions will still remain in full effect. This clause helps preserve the overall integrity of the agreement by allowing the enforceable sections to stand independently of any invalidated sections.
Severance pay is a financial compensation provided to an employee upon termination of employment, often based on factors such as duration of employment and salary level. It is intended to provide support during the transition period while the employee seeks new employment opportunities.
A short form lease is a simplified version of a standard lease agreement that outlines the essential terms and conditions between the landlord and tenant, often omitting detailed provisions for the sake of brevity. This type of lease typically includes fundamental details such as the identification of the parties involved, property description, lease duration, rent amount, and basic obligations, while more complex terms may be addressed in supplemental documentation.
Fill out the form and we will get in touch with you to give you a personal, customized demo of fynk.
Greetings!
I'm Markus, co-founder of fynk. After you've submitted the form, I'll swiftly get in touch with you.
Also, right after you submit your details, you can pick a time that works best for you for our meeting.
