Warranty and Limitation of Liability. PBI PROVIDES YOU WITH THE LIMITED WARRANTIES IN SECTION 1. PBGFS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FREEDOM FROM INTERFERENCE OR INFRINGEMENT, AND PBGFS ISN’T LIABLE FOR ANY LOSS, DAMAGE (INCLUDING INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) OR EXPENSE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT.
Warranty and Limitation of Liability. Informatica warrants that it has full power and authority to license or grant access to the Informatica Products to Customer as applicable. THE INFORMATICA PRODUCTS AND ANY SERVICE PROVIDED HEREUNDER ARE OTHERWISE PROVIDED “AS-IS”, WITHOUT WARRANTY, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ALL SUCH WARRANTIES ARE EXPRESSLY DISCLAIMED. EXCEPT AS OTHERWISE REQUIRED BY LAW, THE LIABILITY OF INFORMATICA AND ITS LICENSORS TO CUSTOMER ARISING FROM THIS AGREEMENT, OR ANY INFORMATICA PRODUCTS OR SERVICES PERFORMED IN CONNECTION THEREWITH, HOWEVER CAUSED, AND ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, STRICT LIABILITY, NEGLIGENCE OR OTHER TORT, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED ANY FEES THAT MAY BE PAID TO INFORMATICA HEREUNDER AND IF NO FEES ARE PAID THEN INFORMATICA’S LIABILITY IS LIMITED TO ONE THOUSAND DOLLARS ( $1,000.00 USD) OR THE EQUIVALENT AMOUNT IN LOCAL CURRENCY. IN NO EVENT WILL INFORMATICA OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY.
Warranty and Limitation of Liability. Seller warrants that all goods, services and work supplied by Seller (collectively referred to throughout as “Goods”) shall be of the type stated on the corresponding sales invoice issued by Seller, except as otherwise set forth in these Terms. THE FOREGOING WARRANTY IS SELLER’S SOLE WARRANTY WITH RESPECT TO THE GOODS. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. Buyer waives all warranty claims, if any, related to Goods not raised within 30 days of delivery of such Goods. Buyer is encouraged to test any Goods at Seller’s facility, during normal business hours, to confirm the Goods meet Xxxxx’s expectations. Buyer acknowledges it is not relying on Seller to select the Goods or determine the appropriateness of the Goods for Buyer’s intended use. Goods purchased on the basis of weight are subject to customary quantity variations recognized by practice in the industry. Seller’s liability to Buyer, whether in contract, in tort, under any warranty, in negligence or otherwise, shall not exceed a sum equal to the amount of the purchase price paid by Buyer for the Goods at issue. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES. The price stated for the Goods is consideration for limiting Seller’s liability. The parties intend the exclusion of consequential damages as an independent agreement apart from the sole and exclusive remedy herein. Buyer’s sole remedy, whether in contract, tort, under any warranty, in negligence or otherwise, shall be a refund of the purchase price paid by Buyer or replacement of the Goods, at Seller’s election. This remedy is intended to be the sole and exclusive remedy of the Buyer under this Agreement and for any breach of warranty, if any. No action by Xxxxx, regardless of form, arising out of this transaction, may be brought by Buyer more than one (1) year after the date of this Agreement. Nothing contained in this section is intended to be a warranty extending to the future performance of Goods.
Warranty and Limitation of Liability. 7.1 The Licensor does not warrant that LocalSolver will be error free in all circumstances. The Licensor has provided the Client with the necessary Documentation in connection with LocalSolver. Therefore, the Client knows if the specifications of LocalSolver confer with its expectations. The Client has examined the Documentation provided to it and accepts the terms and conditions of this Agreement. The Client shall be solely responsible for the gap between its real needs and the specifications of LocalSolver. The Licensor warrants only that the Services will be performed in a good and workmanlike manner in accordance with the industry standards. Notwithstanding the Licensor’s reasonable efforts towards correction, the Licensor does not warrant that every Error can or will be corrected or bypassed.
Warranty and Limitation of Liability. 6.1 Licensee expressly acknowledges and agrees that:
Warranty and Limitation of Liability. Seller warrants marketable title, free and clear of all taxes, claims, liens and encumbrance, to all Products sold and delivered hereunder. Seller further warrants that the Products shall conform to the descriptions in the Confirmation. EXCEPT AS EXPRESSLY SET FORTH HEREIN, SELLER MAKES NO OTHER REPRESENATION OR WARRANTY CONCERNING THE PRODUCTS, AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE, ARE DISCLAIMED BY SELLER. PRODUCT SOLD HEREUNDER IS SOLD ONLY TO THE SPECIFICATIONS SPECIFICALLY SET FORTH BY SELLER IN WRITING. SELLER’S SOLE OBLIGATION FOR A REMEDY TO BUYER SHALL BE REPLACEMENT OF NON-CONFORMING PRODUCTS. BUYER ASSUMES ALL RISK WHATSOEVER AS TO THE RESULT OF THE USE OF PRODUCTS PURCHASED, WHETHER USED ALONE OR IN COMBINATION WITH OTHER PRODUCTS OR SUBSTANCES. No claim by Buyer of any kind whether as to quality or amount of Product delivered or non-delivery, shall be greater in amount then the purchase price for the Product in respect of which damages are claimed. IN NO EVENT SHALL SELLER BE LIABLE TO BUYER FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, STATUTORY, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME, INCONVENIENCE, LOSS BUSINESS OPPORTUNITIES, DAMAGE TO GOOD WILL OR REPUTATION, OR LOSS OF DATA, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN, ARISING OUT OF, OR AS A RESULT OF, THE SALE, DELIVERY, SERVICING, USE OR LOSS OF THE PRODUCT SOLD HEREUNDER.
Warranty and Limitation of Liability. Litronic warrants its product(s) to the original purchaser, to be free from defects in material and workmanship and to be made in accordance with BIZ's specifications which have been accepted in writing by Litronic. In no event, however, shall Litronic be liable or have any responsibility under such warranty if the product(s) has been improperly stored, installed, used or maintained, if the product(s) is damaged or fails to operate properly as a result of interconnection with the equipment of BIZ, or if BIZ has permitted any unauthorized modifications, adjustments and/or repairs to be made to such product(s). Litronic's obligation hereunder is limited solely to repairing or replacing (at its option), at its factory, any product(s) or parts thereof, which prove to Litronic's satisfaction to be defective as a result of defective materials or workmanship within ninety (90) days from date (of shipment to the original BIZ); provided, however, that written notice of any claimed defect shall have been given to Litronic within thirty (30) days from the date any such defect is first discovered. The product(s) or part(s) claimed to be defective must be returned to Litronic, transportation pre-paid by BIZ, with written specification of the claimed defect. Evidence acceptable to Litronic must be furnished that the claimed defects were not caused by misuse, abuse, or neglect by anyone other than Litronic. Litronic's obligations hereunder do not include any responsibility for any costs occasioned by removal, claims, or remedies with respect to direct damage, loss of use, lost profits, or other secondary or consequential damage of any kind, however occasioned. Litronic's total obligation under this warrant is limited to the original purchase price of the products or services found to be defective within the terms of this warranty. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES (EXCEPT AS TO TITLE), WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE,
Warranty and Limitation of Liability. (a) In relation to the goods we manufacture, to the fullest extent permitted by law, our liability is limited to making good by replacement or repair defects which, under proper use, appear thereon and arise solely from faulty design, material or workmanship within a period of six calendar months after the original goods or equipment have been first despatched, at the termination of which period all liability on our part ceases. For the avoidance of doubt, we are not liable for defects arising out of:
Warranty and Limitation of Liability. L7.1 PBGFS AND THE BANK MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FREEDOM FROM INTERFERENCE OR INFRINGEMENT.
Warranty and Limitation of Liability. Xxxxxx acknowledges and agrees that the Equipment is of the quality, design, size, capacity, and manufacture selected by Lessee and that Lessee has been provided with the opportunity to thoroughly inspect the Equipment and is satisfied that the Equipment is suitable for Lessee’s purposes. XXXXXX ACKNOWLEDGES AND AGREES THERE IS NO WARRANTY OR REPRESENTATION OF ANY KIND WITH RESPECT TO THE EQUIPMENT OR SERVICES, EITHER EXPRESSED, IMPLIED OR AT LAW, INCLUDING AS TO ITS SAFETY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER, WHETHER USED ALONE OR IN COMBINATION WITH OTHER EQUIPMENT OR MATERIALS. LESSEE ACKNOWLEDGES THAT THE EQUIPMENT IS OF THE QUALITY, DESIGN, SIZE CAPACITY AND MANUFACTURE SELECTED BY LESSEE. XXXXXX RENTS THE EQUIPMENT IN AN “AS IS” CONDITION. XXXXXX ACKNOWLEDGES AND AGREES THAT STRAD SHALL NOT BE LIABLE TO ANY PERSON OR PARTY FOR ANY LOSSES ARISING IN CONNECTION WITH (i) THE RENTAL CONTRACT, THE EQUIPMENT OR THE SERVICES, (ii) ANY INADEQUACY, DEFICIENCY OR DEFECT THEREIN, (iii) THE INSTALLATION, OPERATION, USE, CARE, MAINTENANCE, REPAIR OR RETURN THEREOF, (iv) ANY DELAY IN DELIVERING OR PROVIDING ANY OF THE FOREGOING,
