Warranty and Damages. The Warranty obligations of Viessmann shall also be subject to the following terms and conditions:
Warranty and Damages. 10.1 Standard Warranty imposed by statute law only applies with all other conditions, warranties and representations on the part of Revolution Roofing are expressly excluded.
Warranty and Damages. 1. In the event that there is a defect in media of the Products for any reason attributable to Otsu, Otsu's liability shall be limited to replacement of the non-defective products or repayment of the purchase price of the Products.
Warranty and Damages. The disclosing party makes no representation or warranty to, and shall have no liability to, the receiving party relating to the accuracy or completeness of the Confidential Information supplied by the disclosing party or the sufficiency of the same for the Purpose of this Agreement or otherwise, except as may be specifically agreed in a subsequent written agreement. Notwithstanding the above, each party to this agreement warrants that it either owns or has the right to disclose the information that it discloses to the other party. NEITHER PARTY SHALL BE LIABLE FOR ANY PERSONAL INJURIES, EQUIPMENT DAMAGE, LOSS OF PROFITS, LOSS OF USE, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, UNAVAILABILITY OF VEHICLES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT ARE INCURRED BY THE OTHER PARTY RESULTING FROM THE USE OF CONFIDENTIAL INFORMATION DISCLOSED TO THE OTHER PARTY, ARISING UNDER THIS AGREEMENT OR THE BREACH THEREOF, WHETHER THE CLAIM IS IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE. IN ANY EVENT, NEITHER PARTY’S LIABILITY TO THE OTHER FOR A CLAIM OF ANY KIND RELATED TO THIS AGREEMENT SHALL EXCEED THE GREATER OF THE AGGREGATE OF FEES PAID TO NAVISTAR UNDER THIS AGREEMENT.
Warranty and Damages. LICENSOR warrants that as of the date of shipment, the raw potatoes are merchantable and are not adulterated or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act and shall comply in all material respects with applicable federal and state laws. ALL OTHER WARRANTIES AND REPRESENTATIONS, EITHER EXPRESSED OT IMPLIED, ARE HEREBY EXCLUDED. If any of the raw potato products are unmerchantable, adulterated or otherwise not in compliance with any laws or regulations ("Unmarketable Products"), LICENSOR's sole obligation to LICENSEE shall be (a) provide a credit to LICENSEE for the purchase price of the Unmarketable Products, the Fee associated with such Unmarketable Products and the amount of freight charges (which credit may be used for the purchase of replacement product or other product)and (b) promptly provide replacement product. IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY DAMAGE EXCEPT AS SPECIFIED ABOVE INCLUDING, WITHOUT LIMITATION, ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES. LICENSOR and LICENSEE agree that adjustments to the purchase price of raw potatoes resulting from quality claims will be resolved in a manner customary in the industry.
Warranty and Damages. Leistritz warrants that the Products of its manufacture are free from defects in materials and workmanship and are manufactured in accordance with the specifications included with Leistritz Quotation or Order Acknowledgment or as received from the Purchaser with its Request for Quotation or Purchase Order, or as these may have been revised in a writing signed by both parties. Changes and modifications sent or received by e-mail or fax must be followed immediately thereafter by "hard" copy. Specifications do not constitute performance guarantees. This warranty is in effect for the benefit of the original Purchaser / user for the period of 12 months from the date of shipment. It does not cover damage or failure to perform as specified due to normal wear and tear, corrosion, erosion, when application or conditions differ from those set forth by the customer in its specifications, or, where not included, differ from those normally accepted in the industry for the application.
Warranty and Damages. 10.1 Transferor assumes no warranty of any kind under this Hive-Off Agreement for any defects in quality or defects in title or for the existence of any assets/liabilities and/or legal rights/obligations or other parts of the Aareal Loan Portfolio subject to transfer under this Hive-Off Agreement. Any claims of Transferee for cure of breach of contract, rescission, frustration of contract, damages or a price reduction based upon any defects in quality or defects in title of any assets/liabilities and/or legal rights/obligations or other parts of the Aareal Loan Portfolio transferred under this Hive-Off Agreement are hereby excluded, except in cases of fraudulent or willful misconduct by Transferor. Transferor makes no guarantee or warranty of any kind with respect to the quality or condition of such assets.
Warranty and Damages. WE PROVIDE THE SERVICES ON “AS IS” TERMS AND, EXCEPT AS PROVIDED ABOVE, MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE ASSUME NO RESPONSIBILITY WITH RESPECT TO USE OF THE SERVICES. You, ON BEHALF OF ITSELF AND END USERS, AGREES THAT WE WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SERVICES. You BEARS FULL RESPONSIBILITY FOR RISK OF LOSS FOR THE DEVICE(S) AND THE DATA STORED ON THE DEVICE(S) AND ACKNOWLEDGES AND AGREES THAT THE DEVICE(S) IS PROVIDED “AS IS”.
Warranty and Damages a. Goods manufactured by BDI are subject to the warranty set forth at xxxxx://xxxxxxx.xxx/wp- content/uploads/2020/06/BDI-Warranty-Statement.pdf (the “BDI Goods Warranty”). BDI warrants to Customer that it shall perform the Services using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet its obligations under this Agreement.
Warranty and Damages. SOFTLAYER PROVIDES THE SERVICES ON “AS IS” TERMS AND, EXCEPT AS PROVIDED ABOVE, MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOFTLAYER ASSUMES NO RESPONSIBILITY WITH RESPECT TO USE OF THE SERVICES. CLIENT, ON BEHALF OF ITSELF AND ITS END USERS, AGREES THAT SOFTLAYER WILL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE SERVICES. CLIENT BEARS FULL RESPONSIBILITY FOR RISK OF LOSS FOR THE DEVICE(S) AND THE DATA STORED ON THE DEVICE(S) AND ACKNOWLEDGES AND AGREES THAT THE DEVICE(S) ARE PROVIDED “AS IS”.
