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. The Company warrants that it has title to the Product sold hereunder and warrants that the Product meet the Company's internal specifications, unless alternative specifications have been agreed to in writing by the Company. The conditions of any tests designed to resolve any alleged breach of warranty shall be mutually agreed upon and the Company shall be notified and may be represented at all such tests. If any Product delivered hereunder fails to meet the above stated warranties within sixty (60) days of delivery to the Distributor or resale, whichever is first to occur, and the Company is immediately notified, then the Company shall replace the items of Product which fail to meet the warranty, F.O.B. the Company's plant or, in the Company's discretion, refund the purchase price for such items of Product which fail to meet the warranty. -- THE WARRANTIES STATED IN THIS SECTION 11 ARE IN LIEU OF ALL OTHER WARRANTIES, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, CONDITION, QUALITY, DURABILITY, DESIGN, OPERATION, OR FITNESS FOR USE, OR SUITABILITY OF THE PRODUCT IN ANY RESPECT WHATSOEVER OR IN CONNECTION WITH OR FOR THE PURPOSE AND USES OF THE DISTRIBUTOR (OR ANY PARTY CLAIMING BY OR THROUGH THE DISTRIBUTOR). -- THE TOTAL LIABILITY OF THE COMPANY ON ANY AND ALL CLAIMS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR PATENT INFRINGEMENT), DELICT, QUASI-DELICT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF, CONNECTED WITH OR RESULTING FROM THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT OR FROM THE MANUFACTURE, SALE, DELIVERY, RESALE, REPAIR, REPLACEMENT OR USE OF ANY PRODUCT OR THE FURNISHING OF ANY SERVICE, SHALL NOT EXCEED THE PRICE ALLOCABLE TO THE PRODUCT OR SERVICE WHICH GIVES RISE TO THE CLAIM. Except as to title, any such liability shall terminate upon the expiration of the warranty period specified above. -- IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, INDEMNITY, WARRANTY, TORT (INCLUDING NEGLIGENCE), DELICT, QUASI-DELICT, STRICT LIABILITY OR OTHERWISE, SHALL THE COMPANY BE LIABLE FOR LOSS OF PROFIT OR REVENUES, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, LOSS OF PURCHASE POWER, COST OF SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, DOWNTIME COSTS, ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES, OR CLAIMS OF CUSTOMERS OF THE DISTRIBUTOR FOR ANY OF THE FOREGOING ITEMS. The Distributor shall indemnify the Company against any such claims f...
Warranty and Limitation of Liability. LESSEE ACKNOWLEDGES AND AGREES THERE IS NO WARRANTY OR REPRESENTATION OF ANY KIND WITH RESPECT TO THE EQUIPMENT OR SERVICES, EITHER EXPRESSED, IMPLIED OR AT LAW, INCLUDING AS TO ITS SAFETY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER, WHETHER USED ALONE OR IN COMBINATION WITH OTHER EQUIPMENT OR MATERIALS. LESSEE ACKNOWLEDGES THAT THE EQUIPMENT IS OF THE QUALITY, DESIGN, SIZE, CAPACITY AND MANUFACTURE SELECTED BY LESSEE. LESSEE RENTS THE EQUIPMENT IN AN “AS IS” CONDITION. LESSEE ACKNOWLEDGES AND AGREES THAT STRAD SHALL NOT BE LIABLE TO ANY PERSON OR PARTY FOR ANY LOSSES ARISING IN CONNECTION WITH (i) THE RENTAL CONTRACT, THE EQUIPMENT OR THE SERVICES, (ii) ANY INADEQUACY, DEFICIENCY OR DEFECT THEREIN, (iii) THE INSTALLATION, OPERATION, USE, CARE, MAINTENANCE, REPAIR OR RETURN THEREOF, (iv) ANY DELAY IN DELIVERING OR PROVIDING ANY OF THE FOREGOING, (v) FAILING TO PROVIDE ANY OF THE FOREGOING, OR (vi) ANY DAMAGE WHATSOEVER AND HOWSOEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER THEORY OF LIABILITY. THE SOLE AND EXCLUSIVE REMEDY OF LESSEE FOR ANY LIABILITY OF STRAD AND ITS REPRESENTATIVES HEREUNDER, INCLUDING LIABILITY FOR NEGLIGENCE, SHALL BE THE REPAIR AND/OR REPLACEMENT OF ANY DEFECTIVE EQUIPMENT AND SHALL NOT INCLUDE ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT, PUNITIVE, EXEMPLARY OR LIKE DAMAGES (INCLUDING LOST PROFITS, REVENUE OR SALES, OR COSTS OF PROCUREMENT FOR SUBSTITUTE EQUIPMENT, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR WORK STOPPAGE), OR ANY DAMAGES RELATING IN ANY WAY TO ANY NEW, EXISTING OR CONTINUING ENVIRONMENTAL CONTAMINATIONS IN ANY AMOUNT HOWEVER CAUSED AND WHETHER ARISING UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER THEORY OF LIABILITY.
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:
