Exclusive Warranty. Subject to the terms and limitations of the exclusive warranty and remedies described herein, Seller warrants the Products sold pursuant to Seller’s Written Proposal to be free from all latent defects in material and workmanship for a period as defined by the warranty statement as part of this proposal. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SELLER NEITHER ASSUMES (NOR HAS AUTHORIZED ANY PERSON TO ASSUME) ANY OTHER WARRANTY OR LIABILITY IN CONNECTION WITH THE PRODUCTS. SELLER MAKES NO WARRANTIES WITH RESPECT TO BUYER’S USE OF THE PRODUCTS OR CLAIMS BY BUYER’S PERSONNEL ARISING FROM BUYER’S USE OF THE PRODUCTS, OR ANY OTHER VARIABLE OVER WHICH THE SELLER HAS NO CONTROL. IF BUYER’S ORDER IS FOR PRODUCTS WHICH CONTAIN COMPONENTS MANUFACTURED BY A PARTY OTHER THAN SELLER, BUYER ACKNOWLEDGES THAT SELLER IS NOT THE MANUFACTURER OF SUCH COMPONENTS AND AGREES THAT ALL SUCH COMPONENTS ARE WARRANTED ONLY TO THE EXTENT OF THE MANUFACTURER’S EXPRESS WARRANTIES TO SELLER, WHICH SELLER SHALL PROVIDE TO BUYER AT BUYER’S REQUEST. NOTWITHSTANDING THE FOREGOING, SELLER SHALL NOT BE LIABLE FOR A BREACH OF THE WARRANTY SET FORTH IN THIS SECTION 9 IF BUYER ALTERS, MODIFIES OR REPAIRS THE PRODUCTS IN ANY WAY WITHOUT THE PRIOR WRITTEN CONSENT OF SELLER.
Exclusive Warranty. The Warranty contained in this ARTICLE 10 is exclusive and in lieu of all other warranties, whether written, oral, implied or statutory, but does not affect any separate express warranty provided by any equipment supplier to the Project or Seller under the BOT Agreement. NO IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING AND USAGE OF TRADE SHALL APPLY. O&M Contractor does not warrant under this Agreement any product, material or services of others which Owner has furnished.
Exclusive Warranty. BY PURCHASING OR ACCEPTING OWNERSHIP OF A CHEMONITE+B TIE, OWNER ACCEPTS AND ACKNOWLEDGES, AND WARRANTOR HEREBY STATES, THAT THIS WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY AND IS IN LIEU OF ALL OTHER REPRESENTATIONS, WARRANTIES, GUARANTEES, AGREEMENTS, PROMISES, COMMITMENTS, DUTIES OF CARE OR CONDITIONS, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH WARRANTOR HEREBY SPECIFICALLY DISCLAIMS. THE OWNER’S RIGHTS AND REMEDIES ARE LIMITED TO THOSE SET FORTH IN THIS AGREEMENT. ONLY THE WARRANTOR IS LIABLE UNDER THIS LIMITED WARRANTY AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL HAVE NO LIABILITY OF ANY KIND WITH RESPECT TO THE PURCHASE OR USE OF CHEMONITE® TIES.
Exclusive Warranty. THE WARRANTY SET FORTH IN THIS PARAGRAPH 5 IS THE ONLY WARRANTY GIVEN BY HDU CONCERNING THE PRODUCT AND IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Exclusive Warranty. Seller warrants that at the time of shipment the Articles will be free from defects in materials and workmanship. The warranty expressly provided herein may only be asserted by Buyer and may not be asserted by Buyer’s customers or other users of Articles. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SELLER DISCLAIMS ALL WARRANTIES THAT MAY OTHERWISE ARISE AS A RESULT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. NO PERSON IS AUTHORIZED TO GIVE ANY OTHER WARRANTIES OTHER THAN THOSE EXPRESSLY STATED HEREIN.
Exclusive Warranty. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NETWOLVES MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Exclusive Warranty. Omron’s exclusive warranty is that the Products will be free from defects in materials and workmanship for a period of twelve months from the date of sale by Omron (or such other period expressed in writing by Omron). Omron disclaims all other warranties, express or implied.
Exclusive Warranty. The express warranty set forth in paragraph 10.1 constitutes the only warranty with respect to the Licensed Products. Licensor makes no other representation or warranty of any king whether express or implied (either in fact or by operation of law) with respect to the Licensed Products. Licensor expressly disclaims all warranties of merchantability or fitness for a particular purpose. Licensor does not warrant, for example, that the Licensed Products will be secure or uninterrupted. There is also no implied warranty of non-infringement; the sole remedy for infringement is provided in Section 11.
Exclusive Warranty. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES. This warranty gives you specific legal rights. You may have other rights which vary from state to state.
Exclusive Warranty. This Section 8 shall govern Cleondris' warranty exclusively and any further warranty (of quality and title) shall be expressly excluded.
