Buyer’s Remedies definition

Buyer’s Remedies. This section sets forth the sole and exclusive remedies of Buyer in conformity with Sections 10 (“Warran- ties”) and 11 (“Limitation of Damages”) herein, and is expressly in lieu of any other rights or remedies which might be available to Buyer by law. The Buyer hereby accepts the benefit of the consignor’s warranty of title and any other representations and warranties made by the consignor for the Buyer’s benefit. In the event that Buyer proves in writing to Profiles’ satisfaction that there was a breach of the consignor’s warranty of title concerning a lot purchased by Buyer, Profiles shall make demand upon the consignor to pay to Buyer the Purchase Price (including any premiums, taxes, or other amounts paid or due to Profiles). Should the consignor not pay the Purchase Price to Buyer within thirty days after such demand, Profiles shall disclose the iden- tity of the consignor to Buyer and assign to Buyer all of Profiles’ rights against the consignor with respect to such lot or property. Upon such disclosure and assignment, all responsibility and liability, if any, of Profiles with respect to said lot or property shall automatically terminate. Profiles shall be entitled to retain the premiums and other amounts paid to Profiles - this remedy is as to the consignor only. The rights and remedies provided herein are for the original Buyer only and they may not be assigned or relied upon by any transferee or assignee under any circumstances. Lots containing ten or more items are not returnable under any circumstances. The exercise of rights under this Section 13 must be made, if at all, within thirty (30) days of the date of sale.
Sample 1

Examples of Buyer’s Remedies in a sentence

  • Except for paragraphs 9 (Termination at Buyer’s Option) and 11 (Cancellation for Default or Breach; Buyer’s Remedies) of these Terms and Conditions, if any other provision of these Terms and Conditions is inconsistent with the specific provisions of any Order, then the specific provisions of the Order will control.

  • CASE QUESTIONS Buyer’s Remedies When Seller Breaches [Note: this case is slightly edited by the authors.] Furlong v.

  • Soybeans are approximately 18% oil, therefore crushing one pound of soybeans yields 0.18 pounds of oil.

  • C-47 Buyer’s Remedies If Seller Fails to Comply with Paragraphs C-44 or C44A.

  • The parties agree that Section 6 (Deposits), Section 19 (Buyer’s Remedies), Section 20.2 (Joint Obligations), Section 20.5 (Governing Law), Section 20.7 (Arbitration/Attorney’s Fees), and Section 20.9 (Waiver of Jury Trial) shall survive any termination of this Contract.

  • This includes calling between the contiguous United States, Alaska, and Hawaii.

  • EVENTS OF DEFAULT AND TERMINATION 39 Section 12.1 Seller Default 39 Section 12.2 Buyer Default 40 Section 12.3 Buyer’s Remedies Upon Occurrence of a Seller Default 40 Section 12.4 Seller’s Remedies Upon Occurrence of a Buyer Default 41 Section 12.5 Preservation of Rights 41 Section 12.6 Force Majeure 41 Section 12.7 Termination of PPAs 41 ARTICLE XIII.

  • See R Feltkamp and F Vanbosselle, “The Optional Common European Sales Law: Better Buyer’s Remedies for Seller’s Non-performance in Sales of Goods?” (2011) European Review of Private Law 873-905.

  • Robert Childres, Buyer’s Remedies: The Danger of Section 2-713, 72 NW.

  • Ubaldo 362Problem Set 18 365Assignment 19: Buyer’s Remedies with Sales of Goods 369Lincoln Composites, Inc.

Related to Buyer’s Remedies

  • Permitted Remedies means, with respect to any securities, one or more of the following remedies:

  • Remedies means actions designed to restore or preserve the complainant’s equal access to education after a respondent is found responsible. Remedies may include the same individualized services that constitute supportive measures, but need not be non-punitive or non-disciplinary, nor must they avoid burdening the respondent.

  • Seller Damages shall have the meaning given to such term in Section 14.3.

  • Seller’s Warranties means the warranties given by the Seller pursuant to Clause 9 and Schedule 9, and “Seller’s Warranty” means any one of them;

  • Remedy means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal.

  • Closing Conditions shall include, but are not limited to, SI Securities determining in its sole discretion that at the time of a closing, the Minimum Offering has been met, the investment remains suitable for investors, investors have successfully passed ID, KYC, AML, OFAC, and suitability screening, and that Issuer has completed all actions required by it as communicated by SI Securities at the time of a closing.

  • Limitation of Liability Insert the following Section 15, after Section 14:

  • Express Waiver I desire to expressly waive any claim of confidentiality as to any and all information contained within our response to the competitive procurement process (e.g. RFP, CSP, Bid, RFQ, etc.) by completing the following and submitting this sheet with our response to Education Service Center Region 8 and TIPS. Signature Date

  • Environmental Damages means all claims, judgments, damages, losses, penalties, fines, liabilities, encumbrances, liens, costs and expenses of investigation and defense of any claim, including, without limitation, attorney’s fees, that are incurred at any time as a result of the existence of Environmental Conditions upon, about or beneath the Project Site or migrating or threatening to migrate to or from the Site, and including, without limitation:

  • Seller Default has the meaning set forth in Section 12.1.

  • Environmental Conditions means the presence in the environment, including the soil, groundwater, surface water or ambient air, of any Hazardous Material at a level which exceeds any applicable standard or threshold under any Environmental Law or otherwise requires investigation or remediation (including, without limitation, investigation, study, health or risk assessment, monitoring, removal, treatment or transport) under any applicable Environmental Laws.

  • Express warranty means an express warranty as set forth in sections 4-2-313 and 4-2.5-210, C.R.S. An express warranty shall cover every part of a new facilitative device.

  • GENERAL AND SPECIAL CONDITIONS OF CONTRACT means the instructions to Tenderer and General and special conditions of contract pertaining to the work for which above tenders have been called for.

  • Buyer Default refers to nonpayment of the Xxxxxxx Money in accordance with the provisions of this Agreement (including nonpayment or dishonor of any check delivered for the Xxxxxxx Money) and/or the failure of this transaction to close due to nonperformance, breach and/or default with respect to the Buyer’s obligation(s) under this Agreement. In the event of a Buyer Default, the following provisions shall apply:

  • Actual Damages has the meaning set forth in Section 12.4(C).

  • Remedies Exception means the extent to which enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar Laws affecting the enforcement of creditors’ rights generally and by general equitable principles.

  • Purchaser’s Warranties means the warranties and representations given by the Purchasers pursuant to Clause 5.2 and Schedule 2 and “Purchasers’ Warranty” means any one of them;

  • Special Conditions means Special Conditions of Contract, which override the General Conditions, also referred to as SCC.

  • Seller’s Closing Documents as defined in Section 3.2(a).

  • Major Representation means a representation or warranty with respect to the Borrower or the Merger Sub only under any of Clause 18.2 (Status) to Clause 18.6 (Validity and admissibility in evidence) inclusive.

  • Additional Conditions means the terms and conditions set out in the Offer Document.

  • Environmental Damage means any injury or damage to persons, living organisms or property (including offence to man’s senses) or any pollution or impairment of the environment resulting from the discharge, emission, escape or migration of any substance, energy, noise or vibration;

  • Environmental Condition means any condition or circumstance, including the presence of Hazardous Substances which does or would (i) require assessment, investigation, abatement, correction, removal or remediation under any Environmental Law, (ii) give rise to any civil or criminal Liability under any Environmental Law, (iii) create or constitute a public or private nuisance or (iv) constitute a violation of or non-compliance with any Environmental Law.

  • Defects Liability Period (Warranty Period) means the period stated in the Schedule A Special Stipulations, following the taking over, during which the Contractor is responsible for making good defects and damage in accordance with Clause 15.

  • Indemnification Provisions means each of the Debtors’ indemnification provisions currently in place whether in the Debtors’ bylaws, certificates of incorporation, other formation documents, board resolutions, or contracts for the current and former directors, officers, managers, employees, attorneys, other professionals, and agents of the Debtors and such current and former directors’, officers’, and managers’ respective Affiliates.