Original User Clause Samples
The "Original User" clause defines who is considered the initial or primary user of a product, service, or license. Typically, this clause specifies that only the first individual or entity to acquire or register the product is recognized as the original user, and it may restrict the transfer or assignment of user rights to others. By clearly identifying the original user, this clause helps prevent unauthorized use or transfer, ensuring that rights and responsibilities are properly allocated and reducing potential disputes over ownership or permitted use.
Original User. The Original User will return the defective Product to the Company, free and clear of all liens and encumbrances, transportation prepaid, accompanied by a statement of defects and proof of purchase. What Emtek® will do: Upon return of the defective Product to Emtek®, Emtek® sole obligation, at its option, is to either repair or replace the Product, or refund the original purchase price in exchange for the Product. THE COMPANY MAKES NO OTHER WARRANTY OTHER THAN AS EXPRESSLY STATED HEREIN, AND ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED. THE COMPANY’S MAXIMUM LIABILITY HEREUNDER IS LIMITED TO THE PURCHASE PRICE OF THE PRODUCT. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL AND/OR PUNITIVE DAMAGES OF ANY NATURE ARISING FROM THE SALE OR USE OF THE PRODUCT, WHETHER BASED ON CONTRACT, WARRANTY, TORT, STRICT LIABILITY, PATENT INFRINGEMENT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some local laws do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion or limitation may not apply to you. This warranty gives specific legal rights and a buyer may also have other rights which may vary from state to state.
Original User. All warranties only apply to the original end use purchaser and original installation of Products from an authorized ▇▇▇▇▇▇▇ distributor. This warranty is not transferable The provisions of this warranty do not apply to Products: (i) used for purposes for which they are not designed or intended; (ii) which have been subjected to alteration, abuse, misuse, negligence or accident; (iii) which have been improperly stored, installed, maintained or operated; (iv) which have been used in violation of written instructions provided by ▇▇▇▇▇▇▇; (v) which have been subjected to improper temperature, humidity or other environmental conditions; or (vi) which, based on ▇▇▇▇▇▇▇'▇ examination, do not disclose to ▇▇▇▇▇▇▇'▇ satisfaction non-conformance to the warranty. Additionally, this warranty DOES NOT COVER scratches, abrasions, or deterioration due to the use of paints, solvents, chemicals or abrasive cleaning techniques.
Original User. The Original User will return the defective Product to the Company, free and clear of all liens and encumbrances, including shipping prepaid, accompanied by a statement of defects and proof of purchase. What Hickory Hardware (Belwith ▇▇▇▇▇▇ Decor Solutions) will do Upon return of the defective Product to Belwith ▇▇▇▇▇▇ Decor Solutions, Belwith ▇▇▇▇▇▇ Decor Solutions sole obligation, at its option, is to either repair or replace the Product, or refund the original purchase price in exchange for the Product. The company makes no other warranty other than as expressly stated herein, and all implied warranties, including any warranty of merchantability or fitness for a particular purpose, are hereby excluded. The company’s maximum liability hereunder is limited to the purchase price of the product. In no event shall the company be liable for any consequential, indirect, incidental or special and/or punitive damages of any nature arising from the sale or use of the product, whether based on contract, warranty, tort, strict liability, patent infringement, or otherwise, even if advised of the possibility of such damages. Some local laws do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion or limitation may not apply to you. This warranty gives specific legal rights and a buyer may also have other rights which may vary from state to state. What is not covered The following costs, expenses and damages are not covered by the provisions of this limited warranty: (i) labor costs including, but not limited to, such costs as the removal and reinstallation of product; and (ii) shipping and freight expenses required to return product to Belwith products. The provisions of this warranty do not apply to products: (i) used in commercial applications; (ii) used in common area applications; (iii) used for purposes for which they are not designed or intended; (iv) which have been subjected to alteration, abuse, misuse, negligence or accident;