Product and Warranty Liability Sample Clauses

Product and Warranty Liability. The provisions of this Section ------------------------------ 10.5 shall cover, without limitation, all obligations and liabilities of whatsoever kind, nature or description relating, directly or indirectly, to product liability, litigation or claims against Parent, Sub or the Surviving Corporation in connection with, arising out of, or relating to products developed or sold by Parent, Sub or the Surviving Corporation in connection with the Business.
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Product and Warranty Liability. The provisions of this Article X shall cover, without limitation, all liabilities of any kind, nature or description relating, directly or indirectly, to product liability, litigation or claims against Buyer or Seller in connection with, arising out of, or relating to Products.
Sample 1
Product and Warranty Liability. The provisions of this Section 9.7 shall cover, without limitation, all Liabilities of whatsoever kind, nature or description, including, without limitation, liabilities relating, directly or indirectly, to product liability, litigation or claims against Buyer or Seller in connection with, arising out of, or relating to products sold or shipped by (i) Seller or (ii) Buyer, if such product was work in process or finished goods produced by Seller on or before the Closing Date, but thereafter shipped by Buyer.
Sample 1
Product and Warranty Liability. The provisions of this Section 11 shall cover, without limitation, all obligations and liabilities of whatsoever kind, nature or description relating, directly or indirectly, to product and/or service liability, litigation or claims against Flint or PHI in connection with, arising out of, or relating to products or services developed or sold by PHI.
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Product and Warranty Liability. The provisions of this Section 10.3 shall cover, without limitation, all obligations and liabilities of whatsoever kind, nature or description relating, directly or indirectly, to product liability, litigation or claims (i) against Buyer in connection with, arising out of, or relating to products sold or shipped from the Facility by Seller prior to the Closing Date and (ii) against Seller and Shareholder in connection with, arising out of, or relating to, products sold or shipped from the Facility by Buyer from and after the Closing Date.
Sample 1
Product and Warranty Liability. Schedule 2.20 contains a true, correct and complete description of the product and service warranties provided by Seller. There have not been any material deviations from such warranties, and neither Seller nor any of its salespeople, employees, distributors or agents is authorized to undertake obligations to any customer or to other third parties in excess of such warranties. Seller has not made any oral warranty with respect to any of its products or services. Seller has provided Buyer with a true, correct and complete schedule of all product warranty claims against Seller since January 1, 2006. There are no claims pending against Seller alleging defects in or other claims relating to the performance or non-performance of the products of Seller, and to Seller's Knowledge, no facts or circumstances exist that could give rise to such a claim. Except as set forth on Schedule 2.20, all third party manufacturers' warranties relevant to the conduct of the Business are assignable, without requiring the consent of or the payment of any consideration to any Person.
Sample 1

Related to Product and Warranty Liability

  • Warranty Liability Claims regarding the weight, the quantity and other obvious defects shall be reported immediately, at the latest, however, 2 weeks after receipt of the goods; hidden defects shall be reported in writing immediately after they have been detected. If the Purchaser does not report defects in time and if he does not provide immediately on request samples of the non-conforming goods, all claims for defects shall be void. Correct handling of a formal notice of complaint does not constitute renuncia- tion of compliance with this provision. All claims for defects which are not due to intent, even in case of hidden defects, shall be time-barred at the latest 12 months after delivery. In case of justified complaints, the Purchaser shall be entitled, at our choice, to free substitution or a credit note against return of the non-conforming goods. Should we refuse to eliminate defects or should we fall behind in our obligations, the Purchaser may grant us a reasonable period of grace; after it has elapsed without result, he may demand rescission of the contract or reduction of payment. Any further claims by the Purchaser arising from legislature and the contract, in particular damage unrelated to the deliv- ered item itself, shall not be accepted, with the exception of claims arising from intent or gross negligence. Replacement of the entire delivery or of the remaining partial delivery may not be demanded as a result of a faulty partial delivery. We may refuse elimination of defects as long as the Purchaser has not fulfilled his obligations to an appropriate extent. We shall be held liable for technical consultation or application and deploy- ment options regarding our products and of all the other relevant information by us or our vicarious agents only in case of explicit written undertaking, pro- vided that the Purchaser has provided us with the information required for cor- rect consultation. The Purchaser is obligated to verify that the goods ordered or suggested are suitable for the purpose envisaged by the Purchaser; we do not warrant suitability thereof. Quality and durability warranties have to be designated in detail as such expressly in writing. Such warranties shall be subject to the above-mentioned sections 2 and 3 to the extent that this is xx- xxxxx admissible. We shall only be held liable for damage if the undertaking pursued the purpose of safeguarding the Purchaser against the damage in- curred. In case of disputes regarding the reporting of defects, the Chamber of Industry and Commerce responsible for the supplier's factory shall designate an officially recognized expert body to issue an exert opinion or an analysis. The unsuccessful party shall bear all costs incurred due to the expert opinion or the analysis.

  • Third Party Liability 23.1 For the purposes of the Contracts (Rights of Third Parties) Xxx 0000 this Agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.

  • PARTY LIABILITY Contractor’s total liability under this Agreement, whether for breach of contract, warranty, negligence, strict liability, in tort or otherwise, is limited to the price of the particular products/services sold hereunder. Contractor agrees either to refund the purchase price or to repair or replace product(s) that are not as warranted. Contractor accepts liability to repay, and shall repay upon demand to END USER, any amounts determined by H-GAC, its independent auditors, or any state or federal agency, to have been paid in violation of the terms of this Agreement.

  • Product Warranty and Product Liability Set forth in Schedule 3.14 of the Disclosure Schedule is a true, correct and complete copy of the Company's standard warranty or warranties for sales of its products.

  • Manufacturer’s Warranty The Goods include the manufacturer’s standard limited parts warranty to replace defective parts covered under such warranty exclusive of labor. Labor is warranted by the Elevator Contractor for 90 days following installation. The manufacturer’s parts warranty may require that the Goods be maintained throughout the warranty period by an authorized manufacturer’s representative under a separate maintenance contract. Any warranty is conditioned on written notice to the Elevator Contractor within warranty period and contingent upon receipt of final payment to Elevator Contractor.

  • University Liability The University is not responsible for any damage or injury to the Student or any other individual or property in University Housing beyond its control. The Student agrees that the University is not responsible for any damage or injury from any act of another resident or any other person. The Student agrees that the University is not responsible or liable to the Student for any personal property that is lost, stolen, or missing from University Housing. The Student shall be responsible for having adequate and appropriate insurance (i.e., homeowners supplemental insurance and/or renter’s insurance) to protect against any loss or damage to the Student’s personal property, University property and/or University Housing (e.g. fire caused by student).

  • Product Warranty Seller provides general warranties of fitness and general warranties that the goods are free from defects, for 1 year from acceptance of the goods, except as may otherwise be set forth in the Description/Proposal, or other attached warranty.

  • Primary Liability The liability of Guarantor with respect to the Master Lease shall be primary, direct and immediate, and Landlord may proceed against Guarantor: (a) prior to or in lieu of proceeding against Tenant, its assets, any security deposit, or any other guarantor; and (b) prior to or in lieu of pursuing any other rights or remedies available to Landlord. All rights and remedies afforded to Landlord by reason of this Guaranty or by law are separate, independent and cumulative, and the exercise of any rights or remedies shall not in any way limit, restrict or prejudice the exercise of any other rights or remedies. In the event of any default under the Master Lease, a separate action or actions may be brought and prosecuted against Guarantor whether or not Tenant is joined therein or a separate action or actions are brought against Tenant. Landlord may maintain successive actions for other defaults. Landlord’s rights hereunder shall not be exhausted by its exercise of any of its rights or remedies or by any such action or by any number of successive actions until and unless all indebtedness and Obligations the payment and performance of which are hereby guaranteed have been paid and fully performed.

  • Indemnity/Liability You shall indemnify, and hold harmless RIM, the RIM Group of Companies, RIM's affiliates, suppliers, successors, agents, authorised distributors, (including Airtime Service Providers) and assigns and each of their directors, officers, employees and independent contractors (each a "RIM Indemnified Party") from any damages, losses, costs or expenses (including reasonable lawyers’ fees and costs) incurred by a RIM Indemnified Party, and at the RIM Indemnified Party’s request defend at Your expense any third party claim or proceeding brought against the RIM Indemnified Party, arising from: (a) infringement of patents or other intellectual property or proprietary rights arising from combining with or using any device (other than a BlackBerry Handheld Product), system or service in connection with Your BlackBerry Solution or any portion thereof; or (b) Your breach of this Agreement or any Addendum to this Agreement. No remedy herein conferred upon RIM is intended to be, nor shall it be construed to be, exclusive of any other remedy provided herein or as allowed by law or in equity, but all such remedies shall be cumulative.

  • Product Warranty Claims When we receive a valid warranty claim for an HP hardware or software product, HP will either repair the relevant defect or replace the product. If HP is unable to complete the repair or replace the product within a reasonable time, Customer will be entitled to a full refund upon the prompt return of the product to HP (if hardware) or upon written confirmation by Customer that the relevant software product has been destroyed or permanently disabled. HP will pay for shipment of repaired or replaced products to Customer and Customer will be responsible for return shipment of the product to HP.

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