Warranty and Limitation of Liability. Pezzottaite Journals and it's licensors disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, non-infringement, or fitness for a particular purpose. Neither Pezzottaite Journals nor it's licensors assume or authorizes any other person to assume for Pezzottaite Journals or it's licensors any other liability in connection with the licensing of the Database (s) or the Services under this Agreement and / or its use thereof by the Licensee and Sites or Authorized Users. UNDER NO CIRCUMSTANCES SHALL THE PUBLISHER BE LIABLE TO THE LICENSEE, OR ANY AUTHORISED USER OR ANY OTHER PERSON, FOR ANY SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE INABILITY TO USE, OR THE USE OF, THE LICENSED MATERIALS. THE PUBLISHER'S AGGREGATE LIABILITY FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF ANY BREACH OF THIS LICENCE SHALL IN NO CIRCUMSTANCES EXCEED THE FEE PAID BY LICENSEE UNDER THIS LICENCE IN RESPECT OF THE SUBSCRIPTION PERIOD DURING WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF OTHER REMEDIES. THE LICENSEE MAY BRING NO ACTION ARISING FROM THIS LICENCE MORE THAN 3 MONTHS AFTER THE CAUSE OF ACTION ARISES.
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. Price Pump Company
A. Seller's price is based on these sales terms and conditions. This contract shall represent the final, complete and exclusive statement of the agreement between the parties and may not be modified, supplemented, explained or waived by parol evidence, any Terms and Conditions contained in Buyer's purchase order or request for quotation, any course of dealings between the parties, Seller's performance or delivery, or in any other way. The Terms and Conditions of this contract may only be modified or waived in a written document signed by an Officer of Seller. These terms are intended to cover all activity of Seller and Buyer hereunder, including sales and use of products, parts and work and all related matters (references to products include parts and references to work include construction, installation and start-up). Any reference by Seller to Buyer's specifications and similar requirements are only to describe the products and work covered hereby and no warranties or other terms therein shall have any force of effect. Any information provided by
A. Seller warrants only that its product and parts, when shipped, will be free from defects in materials and workmanship. With respect to products and parts not manufactured by Seller, Seller's only obligation shall be to assign to Buyer, to the extent possible, whatever warranty Seller requires from the manufacturer. All claims for defective products or parts under this warranty must be made in writing immediately upon discovery and, in any event, within one (1) year after initial start-up or eighteen (18) months after shipment, whichever first occurs, and all claims for defective work must be made in writing immediately upon discovery and in any event, within one (1) year of completion thereof by Seller. Defective items must be held for Seller's inspection and returned to the sellers'- point of original shipment upon request. UNAUTHORIZED DISASSEMBLY OR TAMPERING WITH ANY PRODUCT OR COMPONENT MAY VOID ITS WARRANTY.THE FOREGOING IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES WHATSOEVER, Seller including, but not limited to, suggestions as to specific equipment does not imply any guarantee of specific suitability and/or material compatibility in a particular application, since many factors outside the control of Seller may affect the suitability of products in a particular application. Catalogs, circulars, similar pamphlets and information contained on websites of the Seller are issued for gener...
Warranty and Limitation of Liability. 13.1 The Licensor represents to the Licensee that the Technical Information furnished pursuant to this Agreement will correspond to the Technical Information used by the Licensor.
13.2 The Licensor makes no express warranty, and no warranty shall be implied, with respect to any Technical Information furnished by it under this Agreement. It is agreed that the Licensor shall not be liable, whether in contract, tort or otherwise, nor in any way responsible for:
1. The accuracy, utility, or adequacy of any Technical Information furnished or disclosed by it in connection with this Agreement, or
2. The performance of products manufactured or repaired or overhauled by Licensee on the basis of any Technical Information furnished in connection with this Agreement.
13.3 Each party shall be responsible for the safety of its own employees and agents with respect to the handling or use of compounds, materials, and equipment involved in this Agreement. The Licensor makes no representations, extends no warranties of any kind, either express or implied, and assumes no responsibility whatever with respect to use, sale, or other disposition by the Licensee or its venders or other transferees of the Licensed Product. The Licensor shall not be liable for any loss, expense, claim, or damages arising out of or relating to the practice or use of any licensed technology in the design, construction, and operation of a facility manufacturing or handling the Licensed Products or in the use or sale of the Licensed Products produced in such facility. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR INDIRECT DAMAGES OF ANY NATURE WHATSOEVER ARISING FROM THE PERFORMANCE OR FAILURE TO PERFORM OF EITHER PARTY HEREUNDER, OR THE PERFORMANCE OR FAILURE TO PERFORM OF ANY GOODS DELIVERED UNDER THIS AGREEMENT, WHETHER DUE TO BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, OR OTHERWISE EXCEPT AS A RESULT OF SUCH PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE.
Warranty and Limitation of Liability. 6.1 Licensee expressly acknowledges and agrees that:
6.1.1 LICENSED TECHNOLOGY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE USE OF LICENSED TECHNOLOGY IS AT LICENSEE'S SOLE RISK;
6.1.2 LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CON- DITIONS AND REPRESENTATIONS WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLEQUALITY, SATISFAC- TORY QUALITY, ACCURACY, TITLE, NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE;
6.1.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE LICENSEE FROM LICENSOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREE- MENT.
6.2 IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT:
6.2.1 LICENSED TECHNOLOGY OR ITS FUNCTIONALITY AND QUALITY WILL MEET THE LICENSEE’S REQUIREMENTS AND EXPECTATIONS;
6.2.2 LICENSED TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIEN- CIES AND INTERRUPTIONS OR WORK ACCURATELY;
6.2.3 THE RELEVANT LICENSED TECHNOLOGY DOCUMENTATION (INCLUDING ANY MANUALS) IS COMPLETE, ACCURATE AND NOT MISLEADING; OR
6.2.4 ANY DEFICIENCIES AND ERRORS IN LICENSED TECHNOLOGY WILL BE CORRECTED.
6.3 LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT, IN- DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (I) ARIS- ING OUT OF OR RESULTING FROM THE USE OR THE INABILITY TO USE LICENSED TECHNOLOGY OR
Warranty and Limitation of Liability. YANKEE WARRANTS THAT THE SERVICES, OPINIONS AND MARKET ASSESSMENTS PROVIDED BY YANKEE ARE BASED ON INFORMATION THAT IT BELIEVES IN GOOD FAITH TO BE RELIABLE AND ACCURATE AT THE TIME PROVIDED. THIS EXPRESS WARRANTY REPLACES AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR APPLICATION OR USE. VBW FURTHER ACKNOWLEDGES THAT THE SERVICES ARE NOT INTENDED TO SERVE AS A BASIS FOR MAKING INVESTMENT DECISIONS. IN NO EVENT SHALL YANKEE BE LIABLE TO VBW OR ANY CUSTOMER OF VBW FOR ANY LOST PROFITS OR SPECIAL OR CONSEQUENTIAL DAMAGES. IN THE EVENT OF A CLAIM BY VBW OR A CUSTOMER OF VBW, YANKEE AND VBW SHALL ATTEMPT TO RESOLVE THE MATTER IN GOOD FAITH FOR A PERIOD OF AT LEAST NINETY (90) DAYS. IN THE EVENT THE CLAIM CANNOT BE RESOLVED BETWEEN THE VBW AND YANKEE, THE DISPUTE SHALL BE RESOLVED BY AN ARBITRATION AS SET FORTH IN SECTION 11 HEREOF.
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:
i. A failure by you or your Personnel to properly store any goods or equipment;
ii. A failure by you or your Personnel to use or operate any goods or equipment in strict accordance with any manuals, guidelines or directions given by us, or in the absence of such manuals, guidelines or directions, then in strict accordance with applicable industry standards;
iii. Defects caused by the continued use or operation of the goods or equipment after you or your Personnel have become aware of ought to have become aware of a defect in the goods or equipment;
iv. Defects caused or contributed to by any design, materials or workmanship provided by you or your Personnel; or
v. Any part of the goods or equipment reasonably considered as consumables, intended to be consumed or used up on a regular basis including but not limited to items such as grinding media and ceramic wear items.
(b) In the case of goods or equipment not of our manufacture, you are entitled only to such benefits as given under any manufacturer’s warranty in respect thereof which we are able to assign to you.
(c) Except where expressly prohibited by statute, save as set out sub-clauses (a), (b) and (f) of this clause 16 all expenses or implied warranties relating to quality or fitness for any purpose of the goods is hereby expressly excluded to the fullest extent permitted by law.
(d) Such defects referred to in sub-clauses (a) and (b) of this clause 16 must be notified to us at the address above as soon as any defect is noticed and you must prove to our satisfaction that the goods or equipment in question were manufactured or supplied by us.
(e) Where goods are manufactured by us or supplied to you to your description or specification we shall be under no liability to replace or repair defects arising from faulty design, or for any other claims whatsoever except faulty workmanship or material.
(f) In the event that any Supply is a supply of goods or services to a consumer as defined in AUSTRALIAN COMPET...
Warranty and Limitation of Liability. 7.1 The Licensor does not warrant that LocalSolver will be error free in all circumstances.
7.2 Except as expressly stated in article 7.1, there are no other warranties, express, implied or statutory provided under this Agreement. All implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non infringement are disclaimed.
7.3 The Licensor will only be liable to the Client for direct damages.
7.4 The Licensor does not make any representation or give any warranty to the Client in connection with Licences granted to the Client on a free basis and accordingly, in no event, the Licensor, including the Licensor’s officers or employees, shall incur any liability, in connection with the download and/or the use of LocalSolver by the Client, whether based on an action or claim in contract, tort or otherwise, including but not limited to negligence and strict liability.
7.5 The Licensor does not make any representation or give any warranty to a Client who does not pay the Licence Fees and/or the Services Fees.
Warranty and Limitation of Liability. 12.1. The Supplier warrants that the Supplier is the sole owner and holder of or has and will maintain sufficient rights and interests in, all intellectual property rights in the Service, and that the Supplier has and will maintain the right and authority to grant the Customer the rights defined in this Agreement. This warranty does not extend to any use following notification of possible infringement, use of Service with any other software or data not provided by the Supplier, or for use violating the Terms or agreement.
12.2. The Supplier warrants that it is not subject to sanctions or designated on any list of prohibited or restricted parties and complies with applicable import, sanctions, and export control laws.
12.3. The Customer acknowledges that use of Service grants them access to the proprietary information, intellectual property and databases of the Supplier. The Customer agrees they shall refrain, during their Subscription Term and for one year thereafter, from developing (or having developed for them or from aiding, abetting or supporting the development) of any software or services which compete with the Service. The Customer agrees they shall refrain perpetually from using information, intellectual property or databases available of the Supplier or those generated as derivative data using the Service in the development of any software or services which compete with Service. IN CASE OF BREACH OF THIS SECTION, THE SUPPLIER IS ENTITLED TO A CONTRACTUAL PENALTY OF EUR100,000 PER BREACH AND EUR30,000 PER MONTH THE BREACH CONTINUES AFTER NOTICE, IN ADDITION TO AWARDED DAMAGES.
12.4. By their nature, sustainability assessments are inexact. Available cost and environmental impact information may not represent the realized figures. The Supplier does not warrant accuracy of such calculations, even in case where the data and the Service have been verified.
12.5. Downgrading the Service order by the Customer may cause loss of content, features, or capacity of the Service. The Supplier does not accept any liability for such a loss or damages caused by such a loss.
12.6. THE SUPPLIER IS NOT RESPONSIBLE FOR ANY LOSS OF PROFITS, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SUPPLIER IS NOT RESPONSIBLE FOR INTERNET CONNECTION FAILURES. THE SUPPLIER IS NOT RESPONSIBLE FOR ANY DISADVANTAGES CAUSED BY INCORRECT OR ERRONEOUS INFORMATION PROVIDED BY THE CUSTOMER, OR THE SERVICE NOT FUL...
Warranty and Limitation of Liability. The Company warrants that it has title to the Product sold hereunder and warrants that the Product meet the Company's internal specifications, unless alternative specifications have been agreed to in writing by the Company. The conditions of any tests designed to resolve any alleged breach of warranty shall be mutually agreed upon and the Company shall be notified and may be represented at all such tests. If any Product delivered hereunder fails to meet the above stated warranties within sixty (60) days of delivery to the Distributor or resale, whichever is first to occur, and the Company is immediately notified, then the Company shall replace the items of Product which fail to meet the warranty, F.O.B. the Company's plant or, in the Company's discretion, refund the purchase price for such items of Product which fail to meet the warranty. -- THE WARRANTIES STATED IN THIS SECTION 11 ARE IN LIEU OF ALL OTHER WARRANTIES, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, CONDITION, QUALITY, DURABILITY, DESIGN, OPERATION, OR FITNESS FOR USE, OR SUITABILITY OF THE PRODUCT IN ANY RESPECT WHATSOEVER OR IN CONNECTION WITH OR FOR THE PURPOSE AND USES OF THE DISTRIBUTOR (OR ANY PARTY CLAIMING BY OR THROUGH THE DISTRIBUTOR). -- THE TOTAL LIABILITY OF THE COMPANY ON ANY AND ALL CLAIMS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR PATENT INFRINGEMENT), DELICT, QUASI-DELICT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF, CONNECTED WITH OR RESULTING FROM THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT OR FROM THE MANUFACTURE, SALE, DELIVERY, RESALE, REPAIR, REPLACEMENT OR USE OF ANY PRODUCT OR THE FURNISHING OF ANY SERVICE, SHALL NOT EXCEED THE PRICE ALLOCABLE TO THE PRODUCT OR SERVICE WHICH GIVES RISE TO THE CLAIM. Except as to title, any such liability shall terminate upon the expiration of the warranty period specified above. -- IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, INDEMNITY, WARRANTY, TORT (INCLUDING NEGLIGENCE), DELICT, QUASI-DELICT, STRICT LIABILITY OR OTHERWISE, SHALL THE COMPANY BE LIABLE FOR LOSS OF PROFIT OR REVENUES, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, LOSS OF PURCHASE POWER, COST OF SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, DOWNTIME COSTS, ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES, OR CLAIMS OF CUSTOMERS OF THE DISTRIBUTOR FOR ANY OF THE FOREGOING ITEMS. The Distributor shall indemnify the Company against any such claims f...