Common use of No Representation or Warranty by Devoto Clause in Contracts

No Representation or Warranty by Devoto. DEVOTO MAKES NO WARRANTY OR REPRESENTATION RELATIVE TO SUCH SPECIALTY ITEMS PURCHASED BY OWNER PURSUANT TO THE TERMS HEREOF AND DEVOTO DOES HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Owner shall look solely to the manufacturer or vendor of such specialty items as to any warranties associated therewith and Devoto shall have no liability for the condition or fitness for any of the specialty items purchased by Owner pursuant to the terms hereof. Devoto shall not be deemed to be vendor of such specialty items for any purpose. Additionally, Devoto shall not be responsible or liable for the unavailability of any such specialty items or the failure of any manufacturer or vendor to timely deliver any such specialty items. All risks of such specialty items shall be borne by Owner solely.

Appears in 11 contracts

Samples: Purchasing Agreement (Radiation Therapy Services Inc), Purchasing Agreement (Radiation Therapy Services Inc), Purchasing Agreement (Radiation Therapy Services Inc)

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