Waiver of Implied Warranties. The express warranties set forth in this Agreement (including Warranties) are exclusive and the Parties hereby disclaim, and Owner hereby waives any and all warranties implied under Applicable Law (including the governing law specified in Section 21.9), including the implied warranty of merchantability and implied warranty of fitness for a particular purpose.
Waiver of Implied Warranties. All vehicles are used, off-lease or off-balloon vehicles and are sold AS IS, without express warranties regarding the quality, condition, accuracy of mileage, or any other physical aspect of the vehicles. Except as prohibited by law, ALL IMPLIED WARRANTIES OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. All sales are final. Notwithstanding the foregoing, purchasing Dealer (other than the grounding Dealer) may initiate an arbitration, pursuant to the terms on the Website.
Waiver of Implied Warranties. Except for any express warranties under this Agreement, the Parties hereby disclaim any and all other warranties, including the implied warranty of merchantability and implied warranty of fitness for a particular purpose.
Waiver of Implied Warranties. EXCEPT FOR ANY EXPRESS WARRANTIES UNDER THIS AGREEMENT (INCLUDING THE WARRANTIES), THE PARTIES HEREBY DISCLAIM ANY AND ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
Waiver of Implied Warranties. AND RELINQUISHMENT OF CLAIMS ALASKA LAW IMPOSES CERTAIN WARRANTY OBLIGATIONS ON BUILDERS IN THIS STATE BY IMPLICATION. THESE WARRANTIES ARE SOMETIMES CALLED ‘IMPLIED WARRANTIES’ BECAUSE THEY ARE NOT SPECIFICALLY SET FORTH IN ANY STATUTE, BUT EXIST ONLY IN COMMON LAW WHICH IS THE LAW AS STATED IN THE APPELLATE COURT DECISIONS OF THE STATE. IMPLIED WARRANTIES WHICH THE COURTS OF THIS STATE MAY INDICATE APPLY TO THE SALE OF NEWLY CONSTRUCTED RESIDENTIAL PROPERTY MAY INCLUDE BUT MAY NOT NECESSARILY BE LIMITED TO, THE IMPLIED WARRANTY OF HABITABILITY, THE IMPLIED WARRANTY OF WORKMANLIKE CONSTRUCTION, THE IMPLIED WARRANTY FITNESS FOR A PARTICULAR PURPOSE, AND THE IMPLIED WARRANTY OF MERCHANTABILITY. THE COURT MAY HOLD THAT ONE OR MORE OF THESE IMPLIED WARRANTIES ALSO APPLY TO RESIDENTIAL REMODELING WORK IN ADDITION TO NEW RESIDENTIAL BUILDING CONSTRUCTION. UNDER CERTAIN CIRCUMSTANCES A PURCHASER XXX XXXXX IMPLIED WARRANTIES AND RELINQUISH CLAIMS THAT HE OR SHE MAY HAVE IF THE WAIVER AND RELINQUISHMENT ARE ACCOMPLISHED VOLUNTARILY AND WITH THE KNOWLEDGE OF THE PERSON WAIVING THE WARRANTIES AND RELINQUISHING THE CLAIMS. XXXXXXXXX HOMES, INC. IS NOT REQUIRED TO PROVIDE PURCHASERS AN EXPRESS WARRANTY CONCERNING WORKMANSHIP AND MATERIAL AND AGAINST DEFECTS AND DEFICIENCIES, BUT AGREES TO PROVIDE THIS EXPRESS NEW CONSTRUCTION LIMITED WARRANTY IN THE PLACE OF ALL OTHER WARRANTIES IMPLIED BY LAW OR CONTRACT, AND OLY IN EXCHANGE FOR PURCHASERS’ VOLUNTARY WAIVER OF ALL SUCH IMPLIED WARRANTIES AND RELINQUISHMENT OF ALL CLAIMS AGAINST XXXXXXXXX HOMES, INC. FOR CONSEQUENTIAL DAMAGES, PERSONAL INJURY OR DEATH ARISING AFTER THE DATE OF CLOSING EXCEPTING ONLY CLAIMS FOR REPAIRS AND MODIFICATIONS SPECIFICALLY COVERED BY THIS NEW CONSTRUCTION LIMITED WARRANTY. THIS WAIVER AND RELINQUISHMENT SHALL BE BINDING UPON THE PURCHASER(S), AND THEIR HEIRS, SUCCESSORS, ASSIGNS, GRANTEES, GUESTS AND INVITEES. PURCHASER(S) ACKNOWLEDGE THAT XXXXXXXXX HOMES, INC. SHALL BE ENTITLED TO RELY UPON THIS WAIVER AS A COMPLETE BAR AND DEFENSE AGAINST ANY CLAIM ASSERTED BY PURCHASER(S) OR ANYONE CLAIMING THROUGH PURCHASER(S) EXCEPT FOR CLAIMS COVERED BY THIS NEW CONSTRUCTION LIMITED WARRANTY. THE DEED CONVEYING THE PROPERTY TO PURCHASERS SHALL CONTAIN A REFERENCE TO THIS WAIVER AND RELINQUISHMENT. AS USED HEREIN “PURCHASERS” AND “HOMEOWNERS” SHALL INCLUDE PURCHASERS OF REMODELING SERVICES, AND “NEW CONSTRUCTION” SHALL INCLUDE REMODELING WORK PERFORMED ON EXISTING RESIDENTIAL BUILDINGS WHEN THIS NEW CONS...
Waiver of Implied Warranties. You have accepted the Limited Warranty provided in this Warranty Booklet, and all other warranties or implied warranties, including any oral or written statements or representations made by Xxxxxx Homes or any implied warranty of habitability, workmanlike construction, satisfaction, merchantability or fitness, are hereby disclaimed by Xxxxxx Homes and are hereby waived by You to the extent possible under the laws of the state of Alabama.
Waiver of Implied Warranties. Trainee has not relied upon any implied warranties as a condition of entering into this Agreement. Therefore, to the fullest extent permitted by law, Trainee waives any and all implied warranties which otherwise might apply.
Waiver of Implied Warranties. Having had the opportunity to inspect the Unit prior to signing this Agreement, Purchaser hereby waives any and all implied warranties, including, without limitation, any warranties that the Unit is free from faulty materials, constructed according to sound engineering standards, constructed in a workmanlike manner, and fit for habitation. Purchaser acknowledges and agrees that the Limited Warranty is the only warranty given with respect to the Unit, provided, however, that the foregoing waiver of implied warranties shall be valid notwithstanding any contrary provisions in the Limited Warranty certificate now or hereafter provided to Purchaser and/or executed by Purchaser or Seller.
Waiver of Implied Warranties. (i) THE REPRESENTATIONS AND WARRANTIES OF THE SELLER PARTIES CONTAINED IN THIS AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF, ANY OTHER REPRESENTATION OR WARRANTY EXPRESS OR IMPLIED. THE SELLER PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES AND DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR ANY REPRESENTATION, WARRANTY, STATEMENT OR INFORMATION ORALLY OR IN WRITING MADE OR COMMUNICATED TO BUYER INCLUDING BUT NOT LIMITED TO ANY OPINION, INFORMATION OR ADVICE WHICH MAY HAVE BEEN PROVIDED TO BUYER BY THE SELLER PARTIES; AND (B) SELLER HAS NOT MADE, AND SELLER HEREBY EXPRESSLY DISCLAIMS AND NEGATES, ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE.
Waiver of Implied Warranties. TENANT HEREBY AGREES, AS A MATERIAL PART OF THE CONSIDERATION FOR LANDLORD’S ENTERING INTO THIS LEASE, THAT EXCEPT AS EXPRESSLY PROVIDED IN SECTION 2.2, LANDLORD HAS MADE NO WARRANTIES TO TENANT (OR ANY OF TENANT’S EMPLOYEES OR AGENTS) REGARDING THE CONDITION OF THE PREMISES, EITHER EXPRESS OR IMPLIED, AND LANDLORD HEREBY EXPRESSLY DISCLAIMS ANY WARRANTY (INCLUDING ANY IMPLIED WARRANTY) THAT THE PREMISES ARE OR WILL BE SUITABLE FOR TENANT’S INTENDED USE THEREOF. TENANT AGREES THAT TENANT’S OBLIGATION TO PAY RENT HEREUNDER IS NOT DEPENDENT UPON THE CONDITION OF THE PREMISES OR THE PERFORMANCE BY LANDLORD OF ITS OBLIGATIONS HEREUNDER, BUT THAT TENANT WILL CONTINUE TO PAY RENT WHEN DUE HEREUNDER, WITHOUT ABATEMENT, SET-OFF OR DEDUCTION, EXCEPT AS OTHERWISE PROVIDED IN SECTION 7.1, 8.2, 9.4, 25.24, NOTWITHSTANDING ANY BREACH OR ALLEGED BREACH BY LANDLORD OF ANY OF ITS EXPRESS OBLIGATIONS UNDERTAKEN IN THIS LEASE.
