Remedies for Breach of Warranties. The Purchaser acknowledges that its sole remedy for a Warranty Claim is damages.
Remedies for Breach of Warranties. 45 16.12 Notice of Problem 45 16.13 Business Disruption 45 16.14 Duly Authorized 45 ARTICLE 17 INDEMNIFICATION 46 17.1 Losses Defined 46 17.2 Indemnification and Defense 46 17.3 Indemnity by Subcontractors 48 17.4 No Remedies Exclusive 49 ARTICLE 18 LIMITATIONS OF LIABILITY 49 18.1 Damages 49 18.2 No Consequential Damages 49 18.3 Exclusions 49 18.4 Further Exclusions 49 ARTICLE 19 INSURANCE AND FIDELITY BOND 50 19.1 Insurance 50 ARTICLE 20 DISPUTE RESOLUTION 51 20.1 General 51 20.2 Informal Dispute Resolution 52 20.3 Failure to Resolve Dispute 52 20.4 52 20.5 Continuity of Services 53 ARTICLE 21 COMPLIANCE WITH LAWS; STANDARD CLAUSES 53 21.1 Compliance with Laws and Regulations Generally 53 21.2 Agency’s Standard Terms 54 21.3 Liens 54 21.4 Xxxxxxxx-Xxxxx 55 21.5 International Considerations 56 21.6 Privacy Laws 57 ARTICLE 22 DEFINITIONS 57 ARTICLE 23 MISCELLANEOUS 59 23.1 Similar Services 59 23.2 Negotiated Terms 59 23.3 Modification of Agreement 60 23.4 Assignment 60 23.5 Subcontracting 60 23.6 Consents and Fees 61 23.7 Independent Provider 61 23.8 Governing Law, Jurisdiction and Service of Process 61 23.9 Validity 62 23.10 Remedies Cumulative 62 23.11 Notices 62 23.12 Entire Agreement 62 23.13 Waiver 62 23.14 Force Majeure 63 23.15 Publicity 63 23.16 The Agency Marks 63 23.17 Prohibited Solicitation 63 23.18 Covenant of Further Assurances 64 23.19 Prohibited Interests 64 23.20 Surviving Articles and Sections 65 23.21 Counterparts 65 23.22 New York State Executive Law Article 15-A 65 23.23 Equal Opportunity Requirements and Procedures. 66
Remedies for Breach of Warranties. Customer’s sole and exclusive remedy for breach of warranty under Section 10.1 (Mutual Warranty) shall be the right to terminate for breach under this Agreement. If Customer declares a breach of warranty under Section 10.2.1 or 10.2.2, then Customer’s remedy shall be for Hearsay to re-perform the non-conforming Services at no cost to Customer. If the foregoing remedy is not commercially reasonable at Hearsay’s reasonable determination, Hearsay may terminate the Agreement or the affected Order Form, and refund to Customer any un-earned, prepaid Subscription Fees paid by Customer for the non-conforming Services as of the effective date of termination.
Remedies for Breach of Warranties. During the Warranty Period, if Goods do not comply with the warranties in this Agreement (“Defective Goods”, in addition to other remedies available at law or in this Agreement, Seller shall, at Buyer's discretion: (a) repair or replace such Defective Goods; or (b) credit or refund the Price of such Defective Goods plus any inspection, test and transportation charges paid by Buyer, less any applicable discounts, rebates, or credits. Seller shall recover such goods within 48 hours as Buyer will not return non-compliant units to Seller. Buyer assumes no responsibility for the preservation of defective or otherwise not ordered Goods on behalf of the Seller.
Remedies for Breach of Warranties. In the event that the Deliverables or Services do not meet the above warranties or any warranties in the Scope of Work, Provider shall provide, at no charge, the necessary Deliverables and Services required to attain the levels or standards set forth in said warranties.
Remedies for Breach of Warranties. Each Party’s sole and exclusive remedy for breach of warranty under Section 8.1 shall be the right to immediately terminate for breach under this Agreement.
Remedies for Breach of Warranties. During the Warranty Period, if Goods do not comply with the warranties in this Agreement, in addition to other remedies available at Law or in this Agreement, Seller shall, at Seller’s discretion, repair or replace such Defective Goods. For such Goods, Master Distributor shall ship, at Master Distributor’s expense and risk of loss, such allegedly Defective Goods to the nearest authorized Seller location (Hong Kong) and Seller will, at Seller’s expense and risk of loss, return any repaired or replaced Good to a location designated by Master Distributor in a timely manner.
Remedies for Breach of Warranties. (a) If the Loop PET does not conform to the applicable warranties contained in Section 10, [***].
Remedies for Breach of Warranties. During the Warranty Period, if products do not comply with the warranties in this Agreement, in addition to other remedies available at Law or in this Agreement, Seller shall, at Seller’s discretion:
Remedies for Breach of Warranties. During the Warranty Period, if Goods do not comply with the warranties in this Agreement, in addition to other remedies available at Law or in this Agreement, Seller shall, at Distributor’s discretion. (a) repair or replace such Nonconforming Goods, or (b) render a Return Credit for such Nonconforming Goods plus any inspection, test, and transportation charges paid by Distributor, less any applicable discounts, rebates, or credits. For such Goods, Distributor shall ship, at Seller’s expense and risk of loss, such allegedly Nonconforming Goods to the nearest authorized Seller location and Seller will, at Seller’s expense and risk of loss, return any repaired or replaced Good to the Delivery Location or such other location designated by Distributor in a timely manner. If Seller fails to repair or replace Goods in a timely manner, Distributor may do so and Seller shall reimburse Distributor for actual and reasonable expenses. Distributor may return Nonconforming Goods from any Distributor location to the nearest authorized Seller location at Seller’s cost.
