LIMITATIONS AND DISCLAIMERS. (A) All property is sold "As is, Where is" and Xxxxxxx-Xxxxxxx makes no guarantees, warranties, or representations, express or implied, with respect to the property, or correctness of the catalog or other description of authenticity of physical condition, size, quality or rarity of the property or otherwise. No statement anywhere, whether oral or written, shall be deemed such guarantee, warrantee, or representation, prospective bidders should inspect the property before bidding to determine condition, size and whether or not it has been repaired or restored. Buyer hereby waives and releases Xxxxxxx-Xxxxxxx from and against any claim, demand, liability or expense of any kind arising out of or related to the Lot, expressly including without limitation any assertions of negligence (including negligent misrepresentation) or breach of warranty. Xxxxx agrees not to join Xxxxxxx-Xxxxxxx as a defendant in any action or proceeding arising directly or indirectly out of the condition of the Lot or any alleged representations concerning the Lot, and further agrees to look solely to Seller with respect to such matters.
LIMITATIONS AND DISCLAIMERS. (A) Each Lot is consigned to BJAC by a seller with a Consignment Agreement (“Seller”). Each Lot is sold “AS-IS-WHERE-IS”, with all faults and defects and all errors of description. Buyer understands that: (i) any and all information concerning any Lot is provided by Seller; (ii) BJAC does not make any representations or express any opinions of its own concerning any Lot; and (iii) BJAC does not undertake any duty to examine any component of any Lot, research the title documents or the provenance of the Lot or verify any information provided by Seller for the benefit of Buyer or anyone else. Buyer acknowledges that XXXX’s only duty toward Buyer is to transfer the Lot to Buyer “AS-IS-WHERE IS”, upon full performance by Buyer under this Agreement. Except with regard to such duty, Buyer hereby waives and releases BJAC from and against any claim, demand, liability, or expense of any kind arising out of or related to the Lot, expressly including without limitation any assertions of negligence (including negligent misrepresentation), breach of contract or breach of warranty. Xxxxx agrees not to join XXXX as a defendant in any action or proceeding arising directly or indirectly out of the condition of the Lot or any alleged representations concerning the Lot, and further agrees to look solely to Seller with respect to such matters. Depending of the state of registration of the Buyer, the Lot purchased by the Buyer may require an inspection and be subject to a state- issued VIN and/or other requirements of that state.
LIMITATIONS AND DISCLAIMERS. EACH AIRCRAFT AND THE FINAL SPARES PACKAGE ARE SOLD AND DELIVERED TO BUYER “AS IS” AND “WHERE IS”, AND, EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 5.A HEREOF AND IN THE BILLS OF SALE, WITHOUT ANY REPRESENTATION, GUARANTEE OR WARRANTY OF SELLER EXPRESS OR IMPLIED, OF ANY KIND, ARISING BY LAW OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE ABOVE, BUYER UNCONDITIONALLY AGREES THAT EACH AIRCRAFT AND THE FINAL SPARES PACAKGE ARE SOLD AND PURCHASED IN AN “AS IS, WHERE IS” CONDITION AND “WITH ALL FAULTS” AS AT THE APPLICABLE CLOSING DATE, AND, EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 5.A HEREOF AND IN THE BILLS OF SALE, NO TERM, CONDITION, WARRANTY, REPRESENTATION OR COVENANT OF ANY KIND HAS BEEN ACCEPTED, MADE OR IS GIVEN BY SELLER OR ITS SERVANTS OR AGENTS IN RESPECT OF THE VALUE, QUALITY, DURABILITY, DATE PROCESSING, CONDITION, DESIGN, OPERATION, DESCRIPTION, MERCHANTABILITY OR FITNESS FOR USE OR PURPOSE OF ANY AIRCRAFT OR THE FINAL SPARES PACKAGE, AS TO THE ABSENCE OF LATENT, INHERENT OR OTHER DEFECTS (WHETHER OR NOT DISCOVERABLE), AS TO THE COMPLETENESS OR CONDITION OF THE RECORDS RELATING TO SUCH AIRCRAFT OR THE FINAL SPARES PACKAGE, AND/OR AS TO THE ABSENCE OF ANY INFRINGEMENT OF ANY PATENT, COPYRIGHT, DESIGN, OR OTHER PROPRIETARY RIGHTS. ALL TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS (OR OBLIGATION OR LIABILITY, IN CONTRACT OR IN TORT) IN RELATION TO ANY ONE OR MORE OF THOSE MATTERS, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, ARE EXPRESSLY EXCLUDED.
LIMITATIONS AND DISCLAIMERS. (A) Each Lot is consigned to BJAC by a seller with a Consignment Agreement (“Seller”). Each Lot is sold “AS-IS-WHERE-IS”, with all faults and defects and all errors of description. Buyer understands that:
LIMITATIONS AND DISCLAIMERS a. No trademark or patent rights held by Affirmer are waived, abandoned, surrendered, licensed or otherwise affected by this document.
LIMITATIONS AND DISCLAIMERS. (a) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE WARRANTIES AND REMEDIES SET FORTH IN THIS ARTICLE 14 FOR ANY NON-CONFORMANCE OF EQUIPMENT OR SERVICES ARE THE EXCLUSIVE WARRANTIES AND REMEDIES FOR SUCH NON-CONFORMANCE OF EQUIPMENT OR SERVICES AND ARE IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES FOR SUCH NON-CONFORMANCE OF EQUIPMENT OR SERVICES WHETHER STATUTORY, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE IN TRADE) AND WHETHER CLAIMS BY OWNERS ARE BASED IN CONTRACT, IN TORT (INCLUDING FAULT, NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE.
LIMITATIONS AND DISCLAIMERS. (a) THE WARRANTIES AND GUARANTEES AND RELATED REMEDIES SET FORTH IN THIS ARTICLE 14 ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES AND RELATED REMEDIES WHETHER STATUTORY, EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE IN TRADE) AND WHETHER CLAIMS BY OWNER ARE BASED IN CONTRACT OR IN TORT (INCLUDING FAULT, NEGLIGENCE OR STRICT LIABILITY).
LIMITATIONS AND DISCLAIMERS. Trainee/Consultant and RDIconnect, Inc. agree to the following terms: 4A. Limitation of Liability, Indemnification: Trainee/Consultant hereby accepts all liability for care of Trainee/Consultant's Clients, whether or not Trainee/Consultant used RDI® Program or RDA™ tools in the care of Trainee/Consultant's Clients, and affirms the following understandings: 4A1. RDIconnect, Inc.'s liability for any claims or damages resulting from or in any way connected to this contract is limited to and based upon the training given to Trainee/Consultant under this contract. 4A2. Trainee/Consultant acknowledges and agrees that RDIconnect, Inc.'s liability under this contract will be limited to the consideration paid under this contract and in no way will RDIconnect, Inc. be liable for any of Trainee/Consultant's consequential damages.
LIMITATIONS AND DISCLAIMERS. Notwithstanding anything provided herein to the contrary, Xxxxx’ liability under the warranty described in this Section 1.3.11 shall be limited to the direct costs of repairing, reinforcing or replacing Goods or, if such Goods cannot be repaired, reinforced or replaced, to a credit of purchase price paid for the defective or nonconforming warranted Goods; provided, that Buyer shall first return to Xxxxx those Goods for which a credit of the purchase price is to be made. For purposes of this warranty, such “direct costs” of repairing, reinforcing or replacing Goods does not include any taxes imposed upon or payable in connection with any work performed in connection with this warranty. Buyer shall be responsible to pay and be liable for any such taxes. Except as otherwise provided in the Xxxxx Quotation/Sales Contract, Xxxxx shall have no warranty or other liability for any part not manufactured by it, but agrees to cooperate with Buyer in endeavoring to obtain an assignment of Xxxxx’ warranty rights, if any, against the manufacturer of any part not manufactured by Xxxxx. Prior to repair, reinforcement or replacement, Xxxxx shall have the right to examine the part, at its option, either at the Buyer’s property or at Xxxxx’ plant in Brimfield, Illinois. The warranty provided herein shall not apply to any part which has been rebuilt by any entity other than Xxxxx without the prior written approval of Xxxxx. Without limiting the generality of the provisions of this Section 1.3.11, the warranty provided hereunder shall not apply to parts or components subject to normal wear and tear resulting in repairs, maintenance and/or replacement during the warranty, including but not limited to the following: tires, spotlamps (including headlamps), tong bits, lights, cameras (including lenses), brakes and belts. This warranty shall not apply to any of the Goods or parts thereof repaired, rebuilt, modified or altered by anyone other than Xxxxx or any other person or entity approved by Xxxxx in writing. Further, this warranty shall not apply to any of the Goods or parts thereof which utilize used, reworked or rebuilt components or new parts not obtained from Xxxxx, without the prior written consent of Xxxxx. Without limiting the generality of the foregoing, deterioration of the Goods or any part thereof and/or damage or consequences resulting therefrom due to corrosion, abuse, accident, neglect, misassemble, misapplication, improper maintenance, improper storage, improper p...
LIMITATIONS AND DISCLAIMERS. 4.1. Limitations of Warranties. DXWEB DISCLAIMS ALL EXPRESSED AND IMPLIED WARRANTIES, ORAL OR WRITTEN, WITH RESPECT TO THE PRODUCTS, INCLUDING BUT NOT LIMITED TO: ANY IMPLIED WARRANTIES CONCERNING THE PERFORMANCE, MERCHANTABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF ANY OF THE PRODUCTS; ANY WARRANTY OTHERWISE ARISING BY STATUTE, IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE; AND ANY WARRANTY THAT THE PRODUCTS WILL MEET LICENSEE'S REQUIREMENTS OR CONCERNING THE RESULTS TO BE OBTAINED FROM THE PRODUCTS, OR THE RESULTS OF ANY RECOMMENDATION DxWEB MAY MAKE.
