Warranties and liability limitations Sample Clauses

Warranties and liability limitations. 10.1. Business purposes and the Licensee’s own investigations: The Licensee acknowledges that it enters into this Agreement for business purposes; that it has undertaken its own investigations into the Product; and that it enters into this Agreement in reliance on those investigations and not on the basis of any warranty or representation by The Gap (except for any warranty or representation expressly set out in this Agreement).
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Warranties and liability limitations. 9.1. The LICENSOR represents and warrants that it is the owner of the INTELLECTUAL PROPERTY RIGHTS, that they are in full force and effect, that it has paid all patent and renewal fees due up to the date of ............................, and that, to its knowledge, no administrative or judicial proceedings are pending for their revocation, cancellation, or infringement. In addition, the LICENSOR declares that the INTELLECTUAL PROPERTY RIGHTS are not already the subject of licenses, options, real or personal liens in favour of third parties.
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Warranties and liability limitations. Business purposes and the Licensee’s Own Investigations: The Licensee acknowledges that it enters into this Agreement for business purposes; that it has undertaken its own investigations into the Products; and that it enters into this Agreement in reliance on those investigations and not on the basis of any warranty or representation by BFNZ (except for any warranty or representation expressly set out in this Agreement). No Warranty: BFNZ does not warrant that the Products are free of errors, omissions or other defects.
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Warranties and liability limitations. WORLDCOM WARRANTS THAT IT WILL PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT IN A PROFESSIONAL AND WORKMANLIKE MANNER. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED RELATING TO THE CIRCUITS, THE SITE, THE HANDLING OF RETURN TRAFFIC OR ANY OTHER PRODUCTS OR SERVICES TO BE PROVIDED BY WORLDCOM UNDER THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. ANY LIABILITY OF WORLDCOM ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER UNDER THIS AGREEMENT DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE ACT OR EVENT GIVING RISE TO THE LIABILITY. IN NO EVENT SHALL WORLDCOM BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN CONTRACT OR TORT, EVEN IF WORLDCOM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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Warranties and liability limitations. ● The Website and the Services are offered to you on an “as is” and “where-available” basis and therefore we expressly disclaim any warranties, express or implied, relating to the Website and/or the Services including but not limited to merchantability and suitability for any particular purpose. ● We shall not under any circumstances be held liable to you for any direct, indirect, special, consequential, punitive, or any other damages and costs including but not limited to loss of profit, loss of revenue, loss of business opportunity arising out of or in connection with your access and use or inability to access and use of the Website and/or the Services. ● Without prejudice to the liability limitation set out above our collective liability to you, arising out of or in connection with your access and use or inability to access and use the Website and/or the Service, does not exceed in the aggregate the fees you have paid us for using the Website and/or the Services. ● Pursuant to certain laws it may not be possible to disclaim our liability and warranties completely. In such cases, we hereby disclaim our liability and warranties to the fullest extent permissible by such law. You acknowledge, that if you are a consumer some of the liability and warranty limitations may not apply to you depending on your country of residence.
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Warranties and liability limitations. (1) The Vendor hereby warrants to the Purchaser that, subject only as and to the extent disclosed, reserved or qualified in the Disclosure Letter or expressly reserved or qualified in this Agreement, each of the Warranties is at the time of execution of this Agreement true and accurate.
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Warranties and liability limitations. Each Party represents and warrants to the other that it has the right and legal ability to (a) enter into this XXXX; (b) grant the rights and li- censes herein granted; and (c) incur the obligations incurred herein. THE WARRANTIES MADE IN THIS XXXX ARE THE ONLY WARRANTIES MADE BY QAS TO END USER. THE FOREGOING ARE MADE EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESSED, IMPLIED OR ARIS- ING THROUGH A COURSE OF DEALING, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF FITNESS FOR A PAR- TICULAR PURPOSE, ACCURACY, TITLE, MERCHANTABILITY AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY QAS AND WAIVED BY END USER. EXCEPT AS EXPRESSLY PROVIDED HEREIN, QAS DOES NOT MAKE ANY WARRANTY AND END USER HEREBY WAIVES ANY AND ALL WARRANTIES AS TO THE PERFORMANCE OF OR RE- SULTS OBTAINED FROM USE OF THE SOFTWARE OR AS TO RELIABILITY OF THE SOFTWARE. QAS DOES NOT WARRANT THAT THE SOFTWARE WILL MEET END USER’S OR THE CUSTOMERS OF END USER’S BUSINESS REQUIREMENTS OR THAT OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. QAS ASSUMES NO LIABILITY OR OB- LIGATION OTHER THAN THOSE EXPRESSLY RECITED IN THIS XXXX, INCLUDING, WITHOUT LIMITATION, ANY OBLIGA- TION OR LIABILITY FOR LOSS OF USE, REVENUE, OR PROFITS, LOSS OF DATA, OR ANY SPECIAL, INCIDENTAL, OR CON- SEQUENTIAL DAMAGES. QAS DOES NOT ACCEPT AND END USER HEREBY WAIVES ANY LIABILITY ON THE PART OF QAS UNDER OR IN RELATION TO THIS XXXX OR ITS SUBJECT MATTER (WHETHER SUCH LIABILITY ARISES DUE TO INTENTIONAL CONDUCT, NEGLI- GENCE, BREACH OF CONTRACT, MISREPRESENTATION OR FOR ANY OTHER REASON) FOR ANY:
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Warranties and liability limitations. Except as expressly provided in this Agreement to the contrary, the City makes no warranty, express or implied, with respect to the System and the City specifically disclaims any warranty of merchantability and of fitness for a particular purpose. Notwithstanding anything in this Agreement to the contrary, the City shall not be liable for any damage or injury to vegetation caused by Reuse Water or for any damage or injury caused by a person ingesting Reuse Water. Further, notwithstanding anything in this Agreement to the contrary, neither party shall be liable to the other for consequential, special or exemplary damages. Moreover, nothing in this this Agreement shall be construed as waiving or altering any immunity afforded the City or any liability limitations applicable to the City. The provisions of this Section 5 shall survive the expiration or earlier termination of this Agreement.
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Warranties and liability limitations 
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Related to Warranties and liability limitations

  • Warranties and Liability 6.1 All warranties, conditions or terms relating to fitness for purpose, quality or condition of the Goods, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.

  • Warranties Limitation of Liability The EPCO Services shall be provided in accordance with the Services Standard. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, EPCO MAKES NO (AND HEREBY DISCLAIMS AND NEGATES ANY AND ALL) WARRANTIES OR REPRESENTATIONS WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE EPCO SERVICES. IN NO EVENT SHALL EPCO OR ANY OF ITS AFFILIATES BE LIABLE TO ANY OF THE PERSONS RECEIVING ANY EPCO SERVICES OR TO ANY OTHER PERSON FOR ANY EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES RESULTING FROM ANY ERROR IN THE PERFORMANCE OF SUCH SERVICE, REGARDLESS OF WHETHER THE PERSON PROVIDING SUCH SERVICE, ITS AFFILIATES, OR OTHERS MAY BE WHOLLY, CONCURRENTLY, PARTIALLY, OR SOLELY NEGLIGENT OR OTHERWISE AT FAULT, EXCEPT TO THE EXTENT SUCH EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARE PAID BY THE PARTY INCURRING SUCH DAMAGES TO A THIRD PARTY.

  • Disclaimer of Warranties; Limitation of Liability NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS A WARRANTY THAT ANY PATENT OR PATENT APPLICATION INCLUDED WITHIN THE LICENSED INTELLECTUAL PROPERTY IS VALID OR ENFORCEABLE OR THAT THE EXERCISE OF ANY RIGHTS GRANTED HEREUNDER WILL NOT INFRINGE ANY PATENTS OF THIRD PARTIES. EXCEPT AS EXPLICITLY SET FORTH IN THIS AGREEMENT, NEITHER PARTY MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THE CONDITION OF ANY INVENTION(S) OR PRODUCT(S), THAT ARE THE SUBJECT OF THIS AGREEMENT; OR THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY SUCH INVENTION OR PRODUCT. EXCEPT FOR ANY BREACH UNDER ARTICLE 9, NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR TO ANY OF THE OTHER PARTY’S AFFILIATES FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES SUFFERED BY THE OTHER PARTY OR ITS AFFILIATES IN RELATION TO ANY SUBJECT MATTER OF THIS AGREEMENT (INCLUDING LOST PROFITS) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, EVEN IF SUCH PARTY OR ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGE, OR COST, EXCEPT TO THE EXTENT IT MAY BE REQUIRED TO INDEMNIFY THE OTHER PARTY.

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