Common use of Warranty Disclaimer of Warranties Clause in Contracts

Warranty Disclaimer of Warranties. The Products delivered to Buyer hereunder shall conform to the applicable Product specifications referenced herein (the “Specifications”). The Buyer shall have the obligation to request in writing any particular Specifications. Any such request shall be subject to Seller’s written acceptance. Seller is not responsible for failure by Buyer to so specify types of classifications under ASTM or ACI or any other specifications. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREIN, OR PROVIDED BY THE MANUFACTURER OF PRODUCT, IF APPLICABLE AND ABLE TO BE TRANSFERRED TO BUYER, SELLER HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, WORKMANSHIP OR FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT. SHOULD THE PRODUCT FAIL TO CONFORM TO THE FOREGOING WARRANTIES, SELLER WILL, AT ITS OPTION REPLACE PRODUCT, DAP DESTINATION OR REFUND THAT PORTION OF THE PURCHASE PRICE OF PRODUCT WHICH FAILS TO MEET THESE WARRANTIES. IN PARTICULAR, BUT WITHOUT LIMITATION, SELLER MAKES NO WARRANTIES REGARDING THE ABSENCE OF EFFLORESCENCE AND DISCOLORATION AFTER THE PRODUCT(S) HAVE BEEN INSTALLED AND THE SELLER SHALL NOT BE LIABLE FOR ANY OF THE SAME.

Warranty Disclaimer of Warranties. The PROXIMITY hereby warrants that upon tender of goods to point of origin, the Products delivered to Buyer hereunder shall conform to will meet or exceed the applicable specifications as such are either (a) specifically agreed in writing in the Confirmation of Sale, or (b) if not so agreed, as listed in PROXIMITY’s current Product specifications referenced herein Guide (the “Specifications”). The Buyer shall have the obligation to request in writing any particular Specifications. Any such request shall be subject to Seller’s written acceptance. Seller is not responsible for failure by Buyer to so specify types of classifications under ASTM or ACI or any other specifications. EXCEPT AS OTHERWISE SPECIFICALLY SET FORTH HEREININ THE PREVIOUS SENTENCE, PROXIMITY MAKES NO REPRESENTATIONS OR PROVIDED BY THE MANUFACTURER OF PRODUCTWARRANTIES, IF APPLICABLE AND ABLE TO BE TRANSFERRED TO BUYERWHETHER WRITTEN, SELLER HEREBY DISCLAIMS ALL OTHER WARRANTIESORAL, STATUTORY, EXPRESS OR IMPLIED, CONCERNING THE PRODUCTS OR THE SHIPPING AND DELIVERY OF ANY PRODUCT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, WORKMANSHIP OR FITNESS FOR ANY A PARTICULAR PURPOSE OR PURPOSE. CUSTOMER’S SOLE REMEDY FOR PROXIMITY’S BREACH OF ITS FOREGOING WARRANTY SHALL BE REPLACEMENT OF THE NON-INFRINGEMENT. SHOULD THE PRODUCT FAIL TO CONFORM TO THE FOREGOING WARRANTIES, SELLER WILL, AT ITS OPTION REPLACE PRODUCT, DAP DESTINATION OR REFUND THAT PORTION OF THE PURCHASE PRICE OF PRODUCT WHICH FAILS TO MEET THESE WARRANTIESCONFORMING PRODUCTS. IN PARTICULAR, BUT WITHOUT LIMITATION, SELLER MAKES NO WARRANTIES REGARDING THE ABSENCE OF EFFLORESCENCE AND DISCOLORATION AFTER THE PRODUCT(S) HAVE BEEN INSTALLED AND THE SELLER EVENT SHALL NOT PROXIMITY BE LIABLE FOR ANY SPECIAL, INDIRECT, LOST PROFITS, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER FOR BREACH OF ANY WARRANTY, FOR BREACH OR REPUDIATION OF ANY OTHER TERM OR CONDITION OF SALE, OR FOR LIABILITY ON THE BASIS OF NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PROXIMITY SHALL HAVE BEEN ADVISED IN ADVANCE OF THE SAMELIKELIHOOD THEREOF.