Warranty and Limitation of Liability. PBI PROVIDES YOU WITH THE LIMITED WARRANTIES IN SECTION 1. PBGFS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FREEDOM FROM INTERFERENCE OR INFRINGEMENT, AND PBGFS ISN’T LIABLE FOR ANY LOSS, DAMAGE (INCLUDING INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) OR EXPENSE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT.
Warranty and Limitation of Liability. 14. Pezzottaite Journals and it's licensors disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, non-infringement, or fitness for a particular purpose. Neither Pezzottaite Journals nor it's licensors assume or authorizes any other person to assume for Pezzottaite Journals or it's licensors any other liability in connection with the licensing of the Database (s) or the Services under this Agreement and / or its use thereof by the Licensee and Sites or Authorized Users. UNDER NO CIRCUMSTANCES SHALL THE PUBLISHER BE LIABLE TO THE LICENSEE, OR ANY AUTHORISED USER OR ANY OTHER PERSON, FOR ANY SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE INABILITY TO USE, OR THE USE OF, THE LICENSED MATERIALS. THE PUBLISHER'S AGGREGATE LIABILITY FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF ANY BREACH OF THIS LICENCE SHALL IN NO CIRCUMSTANCES EXCEED THE FEE PAID BY LICENSEE UNDER THIS LICENCE IN RESPECT OF THE SUBSCRIPTION PERIOD DURING WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF OTHER REMEDIES. THE LICENSEE MAY BRING NO ACTION ARISING FROM THIS LICENCE MORE THAN 3 MONTHS AFTER THE CAUSE OF ACTION ARISES.
Warranty and Limitation of Liability. Services provided by ICT hereunder will be performed in a professional and xxxxxxx like manner and shall substantially conform with the description of Services set forth on the attached Service Definition Worksheet. Should ICT breach this warranty, the Customer shall so notify ICT in writing, and ICT shall use reasonable diligence to remedy such breach within 15 days of receipt of Customer's notice. Should ICT fail to remedy a breach within that time, Customer shall be entitled to a reasonable abatement of fees hereunder. EXCEPT AS PROVIDED IN THIS PARAGRAPH, ALL SERVICES ARE DELIVERED WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER'S SOLE REMEDY FOR ICT'S BREACH OF ALL WARRANTIES HEREUNDER IS AS SET FORTH IN THIS PARAGRAPH. IN NO EVENT SHALL ICT BE LIABLE TO CUSTOMER FOR ANY AMOUNT IN EXCESS OF THE FEES ACTUALLY PAID BY CUSTOMER TO ICT FOR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL ICT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, OR DAMAGES FOR INTERRUPTION OF BUSINESS, WHETHER SUCH DAMAGES ARE ALLEGED IN TORT, CONTRACT, INDEMNITY OR OTHERWISE, EVEN IF ICT HAS BEEN APPRISED OF THE POSSIBILITY OF SUCH DAMAGES. The waiver by either party of a breach or default in any of the provisions of this Agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions; nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the other party. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements between the parties, whether written or oral, relating to the same subject matter. No modifications, amendments, or supplements to this Agreement shall be effective for any purpose unless in writing signed by an officer of ICT and a duly authorized representative of the Customer. The prevailing party in any legal proceeding brought by one party against the other party and arising out of or in connection with this Agreement shall be entitled to recover its legal expenses, including court costs and attorneys' fees. The laws of the State of Georgia shall govern the validity, interpretation, performance and enforcement of th...
Warranty and Limitation of Liability. Seller warrants marketable title, free and clear of all taxes, claims, liens and encumbrance, to all Products sold and delivered hereunder. Seller further warrants that the Products shall conform to the descriptions in the Confirmation. EXCEPT AS EXPRESSLY SET FORTH HEREIN, SELLER MAKES NO OTHER REPRESENATION OR WARRANTY CONCERNING THE PRODUCTS, AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE, ARE DISCLAIMED BY SELLER. PRODUCT SOLD HEREUNDER IS SOLD ONLY TO THE SPECIFICATIONS SPECIFICALLY SET FORTH BY SELLER IN WRITING. SELLER’S SOLE OBLIGATION FOR A REMEDY TO BUYER SHALL BE REPLACEMENT OF NON-CONFORMING PRODUCTS. BUYER ASSUMES ALL RISK WHATSOEVER AS TO THE RESULT OF THE USE OF PRODUCTS PURCHASED, WHETHER USED ALONE OR IN COMBINATION WITH OTHER PRODUCTS OR SUBSTANCES. No claim by Buyer of any kind whether as to quality or amount of Product delivered or non-delivery, shall be greater in amount then the purchase price for the Product in respect of which damages are claimed. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, STATUTORY, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME, INCONVENIENCE, LOSS BUSINESS OPPORTUNITIES, DAMAGE TO GOOD WILL OR REPUTATION, OR LOSS OF DATA, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN, ARISING OUT OF, OR AS A RESULT OF, THE SALE, DELIVERY, SERVICING, USE OR LOSS OF THE PRODUCT SOLD HEREUNDER.
Warranty and Limitation of Liability. 7.1 The Licensor does not warrant that LocalSolver will be error free in all circumstances. The Licensor has provided the Client with the necessary Documentation in connection with LocalSolver. Therefore, the Client knows if the specifications of LocalSolver confer with its expectations. The Client has examined the Documentation provided to it and accepts the terms and conditions of this Agreement. The Client shall be solely responsible for the gap between its real needs and the specifications of LocalSolver. The Licensor warrants only that the Services will be performed in a good and workmanlike manner in accordance with the industry standards. Notwithstanding the Licensor’s reasonable efforts towards correction, the Licensor does not warrant that every Error can or will be corrected or bypassed.
Warranty and Limitation of Liability. 6.1 Licensee expressly acknowledges and agrees that:
Warranty and Limitation of Liability. L7.1 PBGFS AND THE BANK MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FREEDOM FROM INTERFERENCE OR INFRINGEMENT.
Warranty and Limitation of Liability. (a) In relation to the goods we manufacture, to the fullest extent permitted by law, our liability is limited to making good by replacement or repair defects which, under proper use, appear thereon and arise solely from faulty design, material or workmanship within a period of six calendar months after the original goods or equipment have been first despatched, at the termination of which period all liability on our part ceases. For the avoidance of doubt, we are not liable for defects arising out of:
Warranty and Limitation of Liability. 5.1 Seller warrants that it will give to Buyer good and marketable title to all Concentrates delivered hereunder and that such Concentrates will be delivered free and clear of all liens, claims, charges and encumbrances of any kind and type whatsoever.
Warranty and Limitation of Liability. 7.1 LB warrants that:
