Common use of REMEDIES AND RIGHTS Clause in Contracts

REMEDIES AND RIGHTS. These warranties of MGP products are the only express warranties provided by MGP. No representative, agent, or any other person (including dealers, retailers, distributors or contractors) has authority to assume or incur on behalf of MGP any obligation, liability, or responsibility in place of or in addition to these warranties. IN NO EVENT SHALL THE DURATION OF ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE BE LONGER THAN THE DURATION OF OWNERSHIP AND OCCUPATION BY THE PURCHASER OF THE HOME ON WHICH THE MGP PRODUCT IS INSTALLED. EXCEPT FOR THE WARRANTY PROVIDED HEREIN, MGP MAKES NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT PERMIT ANY LIMITATION ON THE LENGTH OF AN IMPLIED WARRANTY, AND THEREFORE THE IMMEDIATELY PRECEDING SENTENCE MAY NOT APPLY. MGP'S LIABILITY TO THE PURCHASER UNDER THIS WARRANTY IS LIMITED TO THE AMOUNTS RECEIVED BY MGP FOR SERVICES RENDERED UNDER THE SALES AGREEMENT OR PURCHASE ORDER WITH THE PURCHASER. IN NO EVENT SHALL MGP BE OBLIGATED OR LIABLE FOR INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND FOR THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OF MGP'S PRODUCT. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE SOME OR ALL OF THE IMMEDIATELY PRECEDING SENTENCE MAY NOT APPLY. THESE WARRANTIES PROVIDE SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

REMEDIES AND RIGHTS. These warranties of MGP products XXXXXXX CONSTRUCTION services are the only express expressed warranties provided by MGPXXXXXXX CONSTRUCTION. No employee, representative, agent, or nor any other person (including dealersperson, retailers, distributors or contractors) has authority to assume or incur on behalf of MGP XXXXXXX CONSTRUCTION any obligation, liability, or responsibility in place of or in addition to these warranties. IN NO EVENT SHALL THE DURATION OF ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE BE LONGER THAN THE DURATION OF OWNERSHIP AND OCCUPATION BY THE PURCHASER OF THE HOME ON WHICH THE MGP PRODUCT IS INSTALLEDEXPRESS WARRANTY STATED HEREIN. EXCEPT FOR THE WARRANTY PROVIDED HEREIN, MGP HERE- IN XXXXXXX CONSTRUCTION MAKES NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. XXXXXXX CONSTRUCTION’S LIABILITY TO OWNER UNDER THIS DOCUMENT IS LIMITED TO THE AMOUNTS RECEIVED BY XXXXXXX CONSTRUCTION FOR SERVICES RENDERED UNDER THE SALES AGREEMENT OR PURCHASE ORDER WITH THE OWNER. SOME STATES DO NOT PERMIT ANY LIMITATION ON THE LENGTH OF AN IMPLIED WARRANTY, AND THEREFORE THE IMMEDIATELY PRECEDING SENTENCE MAY NOT APPLY. MGP'S LIABILITY TO THE PURCHASER UNDER THIS WARRANTY IS LIMITED TO THE AMOUNTS RECEIVED BY MGP FOR SERVICES RENDERED UNDER THE SALES AGREEMENT OR PURCHASE ORDER WITH THE PURCHASER. IN NO EVENT SHALL MGP XXXXXXX CONSTRUCTION BE OBLIGATED OR LIABLE FOR INCIDENTAL, SPECIAL, INDIRECT, SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND FOR THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OF MGP'S PRODUCTXXXXXXX CONSTRUCTION PRODUCT OR SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE SOME OR ALL OF THE IMMEDIATELY PRECEDING SENTENCE MAY NOT APPLY. THESE WARRANTIES PROVIDE SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, RIGHTS WHICH VARY FROM STATE TO STATE. Governing Law and Choice of Forum This warranty is governed by the laws of the State of New Jersey. Any disputes and/or litigation arising out of or related to this warranty must be resolved in Camden County, New Jersey. Mediation and Arbitration If a dispute arises out of or relates to this contract, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure. Any controversy or claim arising out of or relating to this warranty, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial [or other] Arbitration Rules [including the Optional Rules for Emergency Measures of Protection], and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

REMEDIES AND RIGHTS. These warranties of MGP products West Shore Home are the only express expressed warranties provided by MGPWest Shore Home. No employee, representative, agent, or any other person (including dealersperson, retailers, distributors or contractors) has authority to assume or incur on behalf of MGP West Shore Home any obligation, liability, or responsibility in place of or in addition to these warranties. IN NO EVENT SHALL THE DURATION OF ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE BE LONGER THAN THE DURATION OF OWNERSHIP AND OCCUPATION BY THE PURCHASER ORIGINAL OWNER OF THE HOME ON WHICH THE MGP PRODUCT PRODUCT(S) IS INSTALLED. SOME STATES DO NOT PERMIT ANY LIMITATION ON THE LENGTH OF AN IMPLIED WARRANTY, AND THEREFORE THE IMMEDIATELY PRECEDING SENTENCE MAY NOT APPLY. EXCEPT FOR THE WARRANTY WARRANTIES PROVIDED HEREIN, MGP WEST SHORE HOME MAKES NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT PERMIT ANY LIMITATION ON THE LENGTH OF AN IMPLIED WARRANTY, AND THEREFORE THE IMMEDIATELY PRECEDING SENTENCE MAY NOT APPLY. MGP'S WEST SHORE HOME’S LIABILITY TO THE PURCHASER OWNER UNDER THIS WARRANTY DOCUMENT IS LIMITED TO THE AMOUNTS RECEIVED BY MGP WEST SHORE HOME FOR SERVICES RENDERED UNDER THE SALES AGREEMENT OR PURCHASE ORDER CONTRACT WITH THE PURCHASEROWNER. IN NO EVENT SHALL MGP WEST SHORE HOME BE OBLIGATED OR LIABLE FOR INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND FOR THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OF MGP'S PRODUCTWEST SHORE HOME SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE SOME OR ALL OF THE IMMEDIATELY PRECEDING SENTENCE MAY NOT APPLY. THESE WARRANTIES PROVIDE SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

REMEDIES AND RIGHTS. These warranties of MGP Xxxx Galleries products and services are the only express expressed warranties provided by MGPXxxx. No employee, representative, agent, or nor any other person (including dealersperson, retailers, distributors or contractors) has authority to assume or incur on behalf of MGP Xxxx Galleries any obligation, liability, or responsibility in place of or in addition to these warranties. IN NO EVENT SHALL THE DURATION OF ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE BE LONGER THAN LONGERTHAN THE DURATION OF OWNERSHIP AND OCCUPATION OCCUPATION, BY THE PURCHASER OWNER OF THE HOME ON AT THE TIME WHICH XXXX GALLERIES PERFORMS THE MGP PRODUCT IS INSTALLEDSERVICES IN QUESTION. EXCEPT FOR THE WARRANTY PROVIDED HEREIN, MGP HEREIN XXXX GALLERIES MAKES NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. XXXX'X LIABILITY TO OWNER (OR ANY SECONDARY HOMEOWNER) UNDER THIS DOCUMENT IS LIMITED TO THE AMOUNTS RECEIVED BY XXXX GALLERIES FOR SERVICES RENDERED UNDER THE SALES AGREEMENT OR PURCHASE ORDER WITH THE OWNER. SOME STATES DO NOT PERMIT ANY LIMITATION ON THE LENGTH OF AN IMPLIED WARRANTY, AND THEREFORE THE IMMEDIATELY PRECEDING SENTENCE MAY NOT APPLY. MGP'S LIABILITY TO THE PURCHASER UNDER THIS WARRANTY IS LIMITED TO THE AMOUNTS RECEIVED BY MGP FOR SERVICES RENDERED UNDER THE SALES AGREEMENT OR PURCHASE ORDER WITH THE PURCHASER. IN NO EVENT SHALL MGP EMPIRE BE OBLIGATED OR LIABLE FOR INCIDENTAL, SPECIAL, INDIRECT, SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND FOR THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OF MGP'S PRODUCTXXXX GALLERIES PRODUCT OR SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE SOME OR ALL OF THE IMMEDIATELY PRECEDING SENTENCE MAY NOT APPLY. THESE WARRANTIES PROVIDE SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, RIGHTS WHICH VARY FROM STATE TO STATE.

REMEDIES AND RIGHTS. These warranties of MGP products are This warranty is the only express warranties warranty provided by MGPDistributor. No employee, representative, agent, or nor any other person (including dealersperson, retailers, distributors or contractors) has authority to assume or incur on behalf of MGP Manufacturer any obligation, liability, or responsibility in place of or in addition to these warrantiesthis warranty. IN NO EVENT SHALL THE DURATION OF ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE BE LONGER THAN THE DURATION OF OWNERSHIP AND OCCUPATION BY THE PURCHASER ORIGINAL OWNER OF THE HOME ON WHICH THE MGP MANUFACTURER’S PRODUCT IS INSTALLED. EXCEPT FOR THE WARRANTY PROVIDED HEREIN, MGP MAKES NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT PERMIT ANY LIMITATION ON THE LENGTH OF AN IMPLIED WARRANTY, AND THEREFORE THE IMMEDIATELY PRECEDING SENTENCE MAY NOT APPLY. MGP'S LIABILITY TO THE PURCHASER OWNER UNDER THIS WARRANTY DOCUMENT IS LIMITED TO THE AMOUNTS RECEIVED BY MGP FOR SERVICES RENDERED IMPROVEIT! HOME REMODELING UNDER THE SALES AGREEMENT OR PURCHASE ORDER CONTRACT FOR GOODS AND SERVICES WITH THE PURCHASEROWNER. IN NO EVENT SHALL MGP MANUFACTURER BE OBLIGATED OR LIABLE FOR INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND FOR THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OF MGP'S MANUFACTURER’S PRODUCT. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE SOME OR ALL OF THE IMMEDIATELY PRECEDING SENTENCE MAY NOT APPLY. THESE WARRANTIES PROVIDE THIS WARRANTY PROVIDES SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, RIGHTS WHICH VARY FROM STATE TO STATE.

REMEDIES AND RIGHTS. These warranties of MGP Xxxxxxxx Creek products and services are the only express expressed warranties provided by MGPXxxxxxxx Creek. No employee, representative, agent, or nor any other person (including dealersperson, retailers, distributors or contractors) has authority to assume or incur on behalf of MGP Xxxxxxxx Creek any obligation, liability, or responsibility in place of or in addition to these warranties. IN NO EVENT SHALL THE DURATION OF ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE BE LONGER THAN THE DURATION OF OWNERSHIP AND OCCUPATION BY THE PURCHASER ORIGINAL OWNER (OR SECONDARY HOMEOWNER AS PER THE BELOW STATED CONDITIONS FOR TRANSFER) OF THE HOME ON WHICH THE MGP XXXXXXXX CREEK PRODUCT IS INSTALLED. EXCEPT FOR THE WARRANTY PROVIDED HEREIN, MGP HEREIN XXXXXXXX CREEK MAKES NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. XXXXXXXX CREEK’S LIABILITY TO OWNER (OR ANY SECONDARY HOMEOWNER) UNDER THIS DOCUMENT IS LIMITED TO THE AMOUNTS RECEIVED BY XXXXXXXX CREEK FOR SERVICES RENDERED UNDER THE SALES AGREEMENT OR PURCHASE ORDER WITH THE OWNER. SOME STATES DO NOT PERMIT ANY LIMITATION ON THE LENGTH OF AN IMPLIED WARRANTY, AND THEREFORE THE IMMEDIATELY PRECEDING SENTENCE MAY NOT APPLY. MGP'S LIABILITY TO THE PURCHASER UNDER THIS WARRANTY IS LIMITED TO THE AMOUNTS RECEIVED BY MGP FOR SERVICES RENDERED UNDER THE SALES AGREEMENT OR PURCHASE ORDER WITH THE PURCHASER. IN NO EVENT SHALL MGP XXXXXXXX CREEK BE OBLIGATED OR LIABLE FOR INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND FOR THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OF MGP'S PRODUCTXXXXXXXX CREEK PRODUCT OR SERVICES. SOME STATES DO NOT ALLOW EXCLUSION ALLOWEXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE SOME OR ALL OF THE IMMEDIATELY PRECEDING SENTENCE MAY NOT APPLY. THESE WARRANTIES PROVIDE SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS, RIGHTS WHICH VARY FROM STATE TO STATE.