LIMITATION OF WARRANTY/LIABILITY. The liability of Seller to Purchaser under this Agreement on account of any Deficiency shall not extend beyond the actual repair or replacement thereof at straight time commercial shipyard or ship repair yard rates including the cost of the drydocking and dockage of the Vessel, if necessary, and any tariffs, imposts or levies incurred in connection therewith, plus the actual cost of any investigation by Purchaser or any subcontractor required to determine the cause of a Deficiency including, without limitation, the cost of repair parts, material, testing, and any charges or expenses reasonably incurred by Purchaser in connection therewith. The Seller shall not be liable to Purchaser for any damage to the Vessel or its equipment or cargo or other property of Purchaser or for consequential damages of Purchaser arising out of any such Deficiency, except that in the event any Deficiency in any item of machinery or equipment furnished by Seller or its subcontractors or in the event that any workmanship or material furnished by Seller in performance of work upon any of the Vessel's machinery or equipment, gives rise to a Deficiency causing any damage to such items of machinery or equipment, Seller shall be liable not only for the cost of correcting or repairing such Deficiency, but also shall be liable for the cost of correcting or repairing such damage to such item of machinery or equipment caused by such Deficiency. Any work required to be performed pursuant to the provisions of this Article 10 shall be carried out, if practicable and at Purchaser's option, at the Shipyard. The Seller may, with the consent of Purchaser, have such work performed by its subcontractor, another shipyard or repair facility. The Purchaser may, however, have such work performed by the vessel crew, or by a shipyard or ship repair yard at any port satisfactory to it and in that event Seller shall be liable to Purchaser for the expense thereof at the straight time commercial shipyard or ship repair yard rates prevailing in such port areas, including the cost of dockage of the Vessel, if necessary. In all events, Purchaser shall bring the Vessel to the site where repairs are to be effected at its own cost. In the case of repairs made by the crew, Purchaser shall make a reasonable effort to consult with Seller prior to making such repairs, and shall provide such documentation as reasonably requested by Seller to establish the nature of the Deficiency. In any event, unless otherwise agreed...
LIMITATION OF WARRANTY/LIABILITY. 11.1 The Customer acknowledges that it acquires the goods for its own business use or supplies them to other persons for business use and all guarantees and remedies in the Consumer Guarantees Act 1993 are excluded. The Customer further agrees that the conditions, warranties and guarantees set out in the Contract and Commercial Law Act 2017 or implied by the common law will not apply and are expressly excluded from these Terms.
LIMITATION OF WARRANTY/LIABILITY. 10.1 The Customer acknowledges that it acquires the goods for its own business use or supplies them to other persons for business use and all guarantees and remedies in the Competition and Consumer Xxx 0000 (Cth) are excluded. The Customer further agrees that the conditions, warranties and guarantees set out in the Goods Xxx 0000 (Vic) or, where applicable the equivalent legislation in other Australian jurisdictions, or implied by the common law will not apply and are expressly excluded from these Terms.
LIMITATION OF WARRANTY/LIABILITY. Except as provided in Article 6.1 above BI PHARMA KG makes no warranty of any kind, express or implied. BI PHARMA KG shall be liable for [...***...] and, except for [...***...], BI PHARMA KG shall [...***...].
LIMITATION OF WARRANTY/LIABILITY. In no event shall either XXXXXX XX or CHEVRON PRODUCTS be liable to the other for any incidental, consequential or punitive damages arising out of any breach of the foregoing warranties, even if it has been advised of the possibility of such damages, except to the extent such damages are caused by its willful misconduct.
LIMITATION OF WARRANTY/LIABILITY. The liability of Given Japan under this warranty is limited to [***Redacted***].
LIMITATION OF WARRANTY/LIABILITY. 8.1 Where the Client acquires the Services, End Work or other Incidentals for the Client's business use or investment purposes all implied warranties, guarantees and remedies in the Consumer Xxxxxxxxxx Xxx 0000 are excluded. The Client further agrees that the conditions, warranties and guarantees set out in the Sale of Goods Xxx 0000 or implied by the common law will not apply and are expressly excluded from these Terms.
LIMITATION OF WARRANTY/LIABILITY. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EACH PARTY TOGETHER WITH ALL OF ITS AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER AND ITS AFFILIATES HEREUNDER FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT CUSTOMER'S AND ITS AFFILIATES’ PAYMENT OBLIGATIONS UNDER THE “FEES AND PAYMENT” SECTION ABOVE. HOWEVER, IN ANY CASE, THE TOTAL AMOUNT OF GOURBAN'S LIABILITY IS LIMITED WITH ITS RESPECTIVE INSURANCE LIABILITY SUM. FURTHERMORE, THE PARTIES EXPRESSLY AGREE THAT ANY RIGHTS OR CLAIMS UNDER § 933B OF THE AUSTRIAN CIVIL CODE (ALLGEMEINES BÜRGERLICHES GESETZBUCH), – DEALER RECOURSE – ARE HEREBY EXCLUDED TO THE EXTENT PERMITTED BY LAW. THE CUSTOMER WAIVES ANY RECOURSE CLAIMS AGAINST XXXXXXX UNDER THE SAID PROVISION AND ACKNOWLEDGES THAT THIS WAIVER IS REFLECTED IN THE PRICING OF THE SERVICES/PRODUCTS PROVIDED UNDER THIS AGREEMENT. THE CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT IT IS NOT UNFAIRLY DISADVANTAGED BY THIS EXCLUSION. THE PARTIES AGREE THAT ANY AND ALL WARRANTY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICES OR PRODUCTS PROVIDED HEREUNDER MUST BE BROUGHT BEFORE THE COMPETENT COURT WITHIN 1 (ONE) YEAR OF THE DATE ON WHICH THE CLAIM AROSE. ANY WARRANTY CLAIMS NOT BROUGHT WITHIN THIS 1 (ONE) YEAR PERIOD SHALL BE DEEMED IRREVOCABLY WAIVED, RELEASED, AND EXPIRED. NOTWITHSTANDING THE FOREGOING PROVISIONS, THE PARTIES EXPRESSLY AGREE THAT GOURBAN SHALL HAVE NO OBLIGATION TO PROVIDE UPDATES, UPGRADES, ENHANCEMENTS, MODIFICATIONS, OR NEW RELEASES ("UPDATES") OF THE SOFTWARE/PRODUCT/SERVICE PROVIDED UNDER THIS AGREEMENT UNLESS OTHERWISE MUTUALLY AGREED UPON IN WRITING. NOTWITHSTANDING THE FOREGOING PROVISIONS, GOURBAN SHALL BE LIABLE TO THE CUSTOMER FOR DAMAGES – WITH THE EXCEPTION OF PERSONAL INJURY – ONLY IN THE CASE OF GROSS NEGLIGENCE (INTENTION OR GROSS NEGLIGENCE). THIS APPLIES MUTATIS MUTANDIS ALSO FOR DAMAGES RESULTING FROM THIRD PARTIES ENGAGED BY XXXXXXX. CLAIMS FOR DAMAGES BY THE CUSTOMER MAY ONLY BE ASSERTED IN COURT WITHIN 1 (ONE) YEAR OF KNOWLEDGE OF THE DAMAGE AND THE DAMAGING PARTY, AFTER THE EVENT GIVING RISE TO THE CLAIM. HOWEVER, IN ANY CASE, IT IS THE RESPONSIBILITY OF THE CUSTOMER TO PROVE THAT THE DAMAGE IS ATTRIBUTABLE TO A FAULT BY XXXXXXX. MOREO...
LIMITATION OF WARRANTY/LIABILITY. 6.1 The provisions of this paragraph shall operate to limit the liability of the Vendors under or in connection with the Warranties and references to "such liabilities" shall be construed accordingly. The parties agree as follows:
LIMITATION OF WARRANTY/LIABILITY. CUSTOMER understands that ECS makes no guarantees, beyond those stipulated in writing, as to CUSTOMERS satisfaction or as to the usability of any and all programming/service work performed on or after the date of this contract. ECS, in no way, guarantees that software/programming work will be free from “bugs” / defects within the product AND cannot be held liable for loss or damage, direct, consequential, or incidental arising out of the use of provided software/programming OR the inability to utilize software/programming products as desired.
