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Download Business Tools
Warranty & Disclaimer Language
Updated: 11/25/2003


 
$29.00
Format: ms word

Contains Warranty and Disclaimer language that you can use for the term of product sales



Software Notes:

ACTUAL FIRST PAGE OF AGREEMENT:


LIMITED WARRANTY

XYZ warrants that Products, upon delivery to Customer, will conform to XYZ's specifications therefor and will be free from defects in workmanship and material. If, within one (1) year from the date of shipment of such Products, any such Products are shown to XYZ's reasonable satisfaction not to be in conformance with this warranty, XYZ, at its option, will repair or replace such Products or refund the purchase price. In no event shall Products be returned to XYZ without XYZ's prior written consent.

THE WARRANTIES SET FORTH IN THIS SECTION ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES WHETHER STATUTORY, EXPRESSED OR IMPLIED, AND THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE ARE HEREBY EXCLUDED. THE REMEDIES PROVIDED HEREIN ARE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES FOR ANY FAILURE BY XYZ TO COMPLY WITH ITS WARRANTY OBLIGATIONS. CORRECTION OF THE NONCONFORMITIES IN THE MANNER AND FOR THE PERIOD OF TIME PROVIDED HEREIN SHALL CONSTITUTE COMPLETE FULFILLMENT OF XYZ'S OBLIGATIONS REGARDING DEFECTIVE PRODUCTS, WHETHER THE CLAIMS BY THE CUSTOMER ARE BASED IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE.


INTELLECTUAL PROPERTY

A. XYZ may discontinue, without liability, delivery of Products if, in XYZ's opinion, their use would constitute patent, copyright, trademark or trade secret infringement. If the use of Products is the subject of a claim or likely to be, in XYZ's opinion, the subject of a claim of infringement, XYZ may, at XYZ's option and expense:

i. Procure for Customer the right to use the Products previously delivered;

ii. Replace such Products with equivalent noninfring- ing Products;