Seller’s Limited Warranty. (a) SELLER EXPRESSLY WARRANTS THAT IT WILL CORRECT ANY MATERIAL DEFECTS IN THE HEATING, PLUMBING, AIR CONDITIONING, ELECTRICAL, ROOFING OR MAJOR STRUCTURAL SYSTEMS OF THE HOUSE THAT OWNER, BY DUE WRITTEN NOTICE, CALLS TO SELLER'S ATTENTION WITHIN TWELVE (12) MONTHS OF THE DATE OF SETTLEMENT, PROVIDED THAT SUCH DEFECTS DO NOT RESULT IN WHOLE OR IN MATERIAL PART FROM WORK. ALTERATIONS OR OTHER ACTS PERFORMED OTHER THAN BY SELLER, ACTS OF GOD OR ANY OTHER CAUSES NOT DIRECTLY ATTRIBUTABLE TO SELLER. THIS WARRANTY IS GIVEN EXCLUSIVELY FOR THE BENEFIT OF BUYER AND DOES NOT EXTEND TO, NOR SHALL IT BE ASSIGNED OR TRANSFERRED TO, ANY FUTURE OWNER OF THE HOUSE WITHOUT THE PRIOR WRITTEN CONSENT OF SELLER, INCLUDING, WITHOUT LIMITATION, ANY HEIR, ADMINISTRATOR, SUCCESSOR AND/OR ASSIGN OF BUYER. ALL OTHER EXPRESS OR IMPLIED WARRANTIES ARE EXCLUDED, INCLUDING SPECIFICALLY ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SELLER SHALL HAVE THE SOLE RIGHT TO DETERMINE WHETHER A DEFECT SHALL BE CORRECTED BY REPAIR OR REPLACEMENT. IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES OR PERSONAL INJURIES ARISING UNDER THE WARRANTY OR THIS AGREEMENT.
Seller’s Limited Warranty. Seller hereby warrants the following: Should the animal purchased under this agreement be diagnosed by a board certified specialist as being affected by hereditary defects of the hips, elbows, eyes and/or heart, the Seller is willing to take the puppy back and replace it with a puppy from another breeding, so long as said diagnoses and request for replacement happen within two (2) years of the animal’s birth date. Reasonable precautions have been taken to prevent this puppy from acquiring hereditary defects of the hips, elbows, eyes and heart. However, due to unknown hereditary and environmental causes of such unknown defects, no guarantee will be given against them. Due to recent research implicating an extraordinarily higher incident of hip dysplasia, elbow dysplasia, hemangiosarcoma and lymphosarcoma in golden retrievers that have been spayed or neutered this limited warranty is null and void if the puppy is spayed or neutered at anytime within the first 18 months, unless expressed written permission is granted by seller at seller's discretion PRIOR to spay/neuter procedure is performed. Buyer(s) initials: This limited warranty is given only to the original purchaser of the animal sold under this agreement. This limited warranty is the only warranty given on the animal purchased under this agreement. Buyer hereby acknowledges that he/she understands the terms and conditions of the above presented Seller’s Limited (pet) Warranty. ***All Veterinarian fees and expenses shall be the responsibility of the Buyer(s). Under no circumstances shall Shadymist Kennel be held responsible for any expenses for any puppy not in the possession of Shadymist Kennel.
Seller’s Limited Warranty. (A) Seller warrants that each Product, when shipped, and for a period of twelve (12) months thereafter will be in substantial compliance with Seller’s applicable written technical documentation for the Product. Seller will have the right to make substitutions and modifications from time to time in the specifications of Product sold by Seller provided that such substitutions or modifications will not materially affect overall Product performance. In the case that such modifications cause change to the form, fit and/or function of the Product, Seller will provide written notification to Buyer of their intentions and work with Buyer to transition the new device to production in a mutually acceptable manner.
Seller’s Limited Warranty. Seller warrants to Buyer that upon delivery to Buyer the Products purchased hereunder shall conform to the applicable manufacturer’s specifications for such Products and that any value-added work performed by Seller on such Products shall conform to applicable Buyer’s specifications relating to such work. The foregoing warranties are Seller’s exclusive warranties, and the Products sold under this Contract are sold “as is.” Except as otherwise expressly provided herein, Seller makes no representation or warranty of any kind, either expressed or implied, as to any matter whatsoever relating to the Products, including, without limitation, the design and condition of the Products or their quality, capacity, suitability, construction, performance, merchantability, or fitness for any particular purpose. LIMITATION OF LIABILITIES. Buyer shall not in any event be entitled to, and Seller shall not be liable for direct, indirect, special, incidental, or consequential damages of any nature including, but not limited to, business interruption costs, removal and/or reinstallation costs, loss of profit or revenue, loss of data, promotional or manufacturing expenses, overhead, injury to reputation, loss of customers, personal property damage, personal injury or death, even if Seller has been advised of the possibility of such damages. Xxxxx’s recovering from Seller for any claim shall not exceed Xxxxx’s purchase price for the Product, giving rise to such claim irrespective of the nature of the claim, whether in contract, tort, warranty or otherwise. Seller shall not be liable for and Buyer shall indemnify, defend, and hold Seller harmless from any claims based on Seller’s compliance with Buyer’s designs, specifications, instructions, or modification of any Products by parties other than Seller, or use in combination with other products. FORCE MAJEURE. Seller shall not be liable for failure to fulfill its obligations herein or for delays in delivery due to causes beyond its reasonable control, including, but not limited to, acts of God, natural disasters, acts or omissions of other parties, acts or omissions of civil or military authority, government priorities, changes in law, material shortages, fire, strikes, floods, tornadoes, hurricanes, epidemics, quarantine restrictions, riots, war, acts of terrorism, delays in transportation or inability to obtain labor or materials through its regular sources. Seller’s time for performance of any such obligation shall be extended...
Seller’s Limited Warranty. Prior to the execution of this Agreement, Xxxxx received a copy of Seller’s express limited warranty (the “Express Limited Warranty”). By execution of this Agreement, Xxxxx acknowledges receipt of such warranty prior to execution of this Agreement. The Express Limited Warranty is also available at (xxxxx://xx.xxxxxxxxxx.xxx/warranty ) EXCEPT WITH RESPECT TO CONSUMER PRODUCTS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, HABITABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, ARE HEREBY DISCLAIMED AND WAIVED. XXXXXX HAS NOT AUTHORIZED ANY PERSON TO MODIFY THE TERMS OF THE EXPRESS LIMITED XXXXXXXX DESCRIBED HEREIN. SELLER ASSUMES NO LIABILITY OR OBLIGATIONS ON ACCOUNT OF REPRESENTATIONS MADE BY ANY OTHER PERSON. BUYER HEREBY ACCEPTS SELLER’S EXPRESS LIMITED WARRANTY IN LIEU OF ALL OTHER WARRANTIES AND UNDERSTANDS THAT SUCH ACCEPTANCE IS PART OF THE CONSIDERATION FOR THE SALE OF THE PROPERTY BY SELLER. The foregoing warranty (i) is for the benefit of Buyer only and may not be assigned to or otherwise extend to any other person or entity, and (ii) shall survive Closing and conveyance of title to the Property.
Seller’s Limited Warranty. Seller warrants to Buyer that upon delivery to Buyer the Products purchased hereunder shall conform to the applicable manufacturer's specifications for such Products and that any value-added work performed by Seller on such Products shall conform to applicable Buyer's specifications relating to such work. Seller makes no other warranty, express or implied, with respect to the Products. IN PARTICULAR, SELLER MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR THEIR SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR RESPECTING INFRINGEMENT. With respect to Products which do not meet applicable manufacturer's specifications and with respect to value-added work by Seller which does not meet applicable Buyer's specifications, Seller's liability is limited, at Seller's election, to (1) refund of Buyer's purchase price for such Products (without interest), (2) repair of such Products, or (3) replacement of such Products; provided, however, that such Products must be returned to Seller, along with acceptable evidence of purchase, within thirty (30) days from date of delivery, transportation charges prepaid. Seller shall transfer to Buyer whatever transferable warranties and indemnities Seller receives from the manufacturer of the Products, including any transferable warranties and indemnities respecting patent infringement.
Seller’s Limited Warranty. Seller is a supplier of precision machined parts intended to be incorporated into sub-assemblies and/or end products by the Buyer. All products sold to Buyer are manufactured to the Buyer’s engineering design specifications, and Seller has no control over the actual use of the product by the Buyer or by its customers. Therefore, Seller’s product warranty is limited in that Seller only warrants that the product manufactured by Seller shall conform to the detailed manufacturing specifications provided by the Buyer, i.e., that the products are “built to print.” To the extent that the Buyer has specified the raw materials to be used in the manufacture of the products, Seller warrants that the raw material specified by the Buyer for the manufacture of the products has been obtained from a qualified vendor and that the vendor has confirmed that the raw materials meet the Buyer’s required specification. Seller makes no additional warranty that the raw materials actually conform to the Buyer’s specifications. Buyer may, at its option, perform product conformance inspection and/or verification at Seller’s facility, upon reasonable advance notice to Seller. Seller’s Limited Warranty shall expire upon delivery and written acknowledgement of acceptance by the Buyer, or in the absence of any written acknowledgement of acceptance by the Buyer, 10 days after delivery.
Seller’s Limited Warranty. Unless this Agreement specifies a different warranty period, Seller warrants that the Product(s) to be sold to Buyer identified above will be in good working order upon the delivery date and for a period of thirty (30) days (“Warranty Period”) immediately following the deliv- ery date.
Seller’s Limited Warranty. Seller hereby warrants the following: This dog is current on all required vaccines, recently dewormed, treated with flea preventive and heartworm preventative as of date of transferred and in good health. This dog's hips, elbows, dentition, heart, eyes, or disposition or other breeding consideration may have been deemed undesirable for breeding, or this dog is retired from breeding with no health concerns other than no longer being bred. So it is understood by all parties that this dog is being placed for the sole purpose of being a pet. Seller has provided Buyer will any films and/or information relating to the dog's hips/elbows/heart/eyes if applicable, and has been advised of the current best practices for reducing any damage and discomfort for the dog as he/she ages including keeping the dog's weight within reasonable standards, no excessive high impact jumping, and providing glucosamine, chondroitin, msm, green lipped mussels, and fish oil supplements daily. Buyer hereby acknowledges that he/she understands the terms and conditions of the above presented Seller’s Limited (pet) Warranty. ***All Veterinarian fees and expenses shall be the responsibility of the Buyer(s). Under no circumstances shall Shadymist Kennel be held responsible for any expenses for any dog not in the possession of Shadymist Kennel, LLC.
Seller’s Limited Warranty. 9.3.1 At Closing, Seller will deliver to Heritage all manufacturers' warranty material applicable to the heating system, appliances, and other equipment supplied with the Property. It is understood and agreed that such manufacturers' warranties, as delivered to Heritage, shall be the exclusive remedy as to all items installed in or around the Property which are covered by such delivered separate manufacturers' warranties; and Seller does not give any warranty express or implied as to the merchantability of such items or as to their fitness for any purpose. Except as expressly stated herein or as implied herein, the Property is being transferred to Heritage on an "AS IS, WHERE IS" basis.
