Common use of Warranty; Limitation of Liability Clause in Contracts

Warranty; Limitation of Liability. Seller warrants only that the Goods shall be substantially in accordance with Seller's specifications for the Goods. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND/OR NON-INFRINGEMENT,AND SELLER HEREBY EXPRESSLY DISCLAIMS ALL SUCH OTHER WARRANTIES. Seller's warranty extends only to Buyer and shall expire 60 days after the Goods are shipped. All claims in respect of the Goods must be made in writing to Seller within such 60 day period or be barred. This warranty shall not apply to any Goods which have been repaired or altered outside of Seller's facilities in any way or because of accident, negligence, abuse or misuse. All Goods, including those produced to meet exact specifications, shall be subject to tolerance and variations consistent with usual trade practices regarding dimensions, composition, mechanical/optical properties, and surface and internal conditions, and shall also be subject to deviations from tolerance and variations consistent with practical testing and inspection methods. Returned Goods will not be accepted unless Seller is notified in writing and authorizes the return prior to shipment. Any suggestions made by Seller concerning uses or applications of the Goods reflect Seller's opinion, and Seller makes no warranty of results to be obtained. Buyer assumes all risks and responsibility for results in the use or handling of the Goods, whether used singly or in combination with other products. Buyer shall inspect the Goods immediately after delivery. Buyer's exclusive remedy and Seller's sole liability hereunder shall be limited to a refund of the purchase price paid by Buyer for the Goods or, at Seller's option, repair or replacement of the Goods shown to be other than as warranted or deficient in quality, and Seller shall not be liable otherwise, including for indirect, special, exemplary, punitive, incidental or consequential damages or for lost profits or injury to goodwill, whether arising out of breach of warranty, negligence, strict liability in tort or other causes.

Warranty; Limitation of Liability. Seller warrants only that that, for a period of one year from the Goods date of Sellers’s shipment of the goods, all of the goods delivered will be free from defects in materials and workmanship under normal use and service (normal wear and tear excepted). Purchaser shall promptly notify Seller of any failure to meet this warranty. The conditions of any test designed to resolve any alleged breach of warranty shall be substantially mutually agreed upon, and Seller shall be notified of and may be represented in accordance all such tests that may be made. Seller’s obligation to Purchaser with respect to any goods found to be defective shall be limited to (at Seller’s sole option) replacing or repairing such goods at Seller’s facility (or such other point as Seller may designate) or refunding the purchase price of any such goods found to be defective, provided that written notice of such defect is received by Seller from Purchaser within one year from the date of receipt. Any claim not made within such one year period shall be conclusively deemed waived by Purchaser; provided, however, notwithstanding the notice requirement contained in the preceding sentence, if Purchaser failed to inspect the goods or to send Seller written notice of all claims within 14 days of receipt, as set forth in the preceding subsection, Purchaser shall be conclusively deemed to have waived any claim against Seller based upon, arising out of, or related to any defect that was ascertainable upon adequate inspection of the goods. No goods are to be returned to Seller without its written authorization. There will be a 10% restocking fee due Seller in addition to any shipping, labor and repair costs incurred by Seller (if applicable) for any returned goods. If warranty service is required at Purchaser’s location, labor and travel charges shall apply. Seller shall not be liable for any expense incurred by Purchaser in order to remedy any defect in the goods. Title to all goods that have been replaced shall thereafter vest in Seller, where Purchaser had previously acquired title pursuant to the provisions hereof. If goods furnished to Purchaser's specifications for are used or combined by Purchaser with other products or items not furnished herein, Purchaser shall indemnify and hold harmless Seller from all claims resulting from the Goodsuse or incorporation of such goods in Purchaser's product. IT IS EXPRESSLY AGREED THAT THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY AND ALL OTHER WARRANTIESWARRANTIES AND LIABILITIES, EXPRESSED OR IMPLIED, INCLUDING, INCLUDING BUT NOT LIMITED TO, TO ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR ANY PURPOSE AND ANY LIABILITY FOR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE AND/OF THE GOODS SOLD HEREUNDER. THE FOREGOING STATES PURCHASER'S SOLE AND EXCLUSIVE REMEDY AND SELLER'S SOLE AND EXCLUSIVE LIABILITY FOR ANY CLAIM OF DAMAGES IN CONNECTION WITH THE SALE OF GOODS HEREUNDER, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR NON-INFRINGEMENT,OTHERWISE. SELLER WILL IN NO EVENT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR CONTINGENT DAMAGE OR EXPENSE ARISING DIRECTLY OR INDIRECTLY FROM ANY DEFECT IN ITS GOODS OR FROM THE USE OF ANY DEFECTIVE GOODS, NOR IS ANY OTHER PERSON AUTHORIZED TO ASSUME FOR SELLER ANY SUCH LIABILITY. SELLER'S LIABILITY FOR LOSSES OR DAMAGES ARISING OUT OF THE SUPPLY OR USE OF ITS GOODS SHALL IN NO EVENT EXCEED THE PRICE CHARGED FOR THE GOODS. THIS WARRANTY SHALL EXTEND TO THE FIRST PURCHASER OF SUCH GOODS FROM SELLER AND SELLER HEREBY EXPRESSLY DISCLAIMS ALL SUCH OTHER WARRANTIESSHALL NOT BE ASSIGNED OR TRANSFERRED. Seller's warranty extends only to Buyer and shall expire 60 SHORTAGE CLAIMS: Claims for shortage of goods must be presented within 14 days after from the Goods are shipped. All claims in respect date of receipt of the Goods goods and must be made in writing to Seller within such 60 day period or be barred. This warranty shall not apply to any Goods which have been repaired or altered outside state the shipping slip number and claim of Seller's facilities in any way or because of accident, negligence, abuse or misuse. All Goods, including those produced to meet exact specifications, shall be subject to tolerance and variations consistent with usual trade practices regarding dimensions, composition, mechanical/optical properties, and surface and internal conditions, and shall also be subject to deviations from tolerance and variations consistent with practical testing and inspection methods. Returned Goods will not be accepted unless Seller is notified in writing and authorizes the return prior to shipment. Any suggestions made claim for shortage of goods not presented in accordance with this subsection will be conclusively deemed waived by Seller concerning uses Purchaser. CORRECTIONS: Typographical or applications of the Goods reflect Seller's opinion, and Seller makes no warranty of results to be obtained. Buyer assumes all risks and responsibility for results in the use or handling of the Goods, whether used singly or in combination with other products. Buyer shall inspect the Goods immediately after delivery. Buyer's exclusive remedy and Seller's sole liability hereunder shall be limited to a refund of the purchase price paid by Buyer for the Goods or, at Seller's option, repair or replacement of the Goods shown to be other than as warranted or deficient in quality, and Seller shall not be liable otherwiseclerical errors contained herein, including for indirectprices, special, exemplary, punitive, incidental or consequential damages or for lost profits or injury are subject to goodwill, whether arising out of breach of warranty, negligence, strict liability in tort or other causescorrection by Seller.

Warranty; Limitation of Liability. Seller Monotype warrants only to you that the Goods shall be Licensed Web Fonts will perform substantially in accordance with Seller's W3C specifications for the Goodsuse of fonts in conjunction with the ‘@font-face rule’ specified in the cascading style sheets (“CSS”) specification set forth on the xxxx://xxx.X0.xxx website as of the date of this Agreement for the twenty-one (21) day period following delivery of the Licensed Web Font(s). THIS WARRANTY IS The Licensed Web Fonts are “productized” for web performance as of the date of this agreement and no representation is made to further productize the fonts. To make a warranty claim, you must, within the twenty-one (21) day warranty period, contact Monotype with sufficient information regarding your licensing of the Licensed Web Font(s) so as to enable Monotype to verify the existence and date of the license. If the Licensed Web Font(s) do not perform substantially in accordance with W3C specifications for the use of fonts in conjunction with the ‘@font-face rule’ specified in the cascading style sheets (“CSS”) specification set forth on the xxxx://xxx.X0.xxx website as of the date you agree to be bound by this Agreement, the entire, exclusive, and cumulative liability and remedy shall be that Monotype will use commercially reasonable effects to cause the Licensed Web Font(s) provided herein to conform with the specifications within twenty-one (21) days or as soon thereafter as commercially reasonable. MONOTYPE DOES NOT WARRANT THE RESULTS YOU MAY OBTAIN BY USING THE LICENSED WEB FONT(S). THE FOREGOING STATES THE SOLE AND EXCLUSIVE AND IS IN LIEU REMEDIES FOR MONOTYPE’S BREACH OF ALL OTHER WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, MONOTYPE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDINGAS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A ANY PARTICULAR USE AND/PURPOSE. IN NO EVENT WILL MONOTYPE BE LIABLE TO YOU OR NON-INFRINGEMENT,AND SELLER HEREBY EXPRESSLY DISCLAIMS ALL ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF MONOTYPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH OTHER WARRANTIES. Seller's warranty extends only to Buyer and shall expire 60 days after DAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF MONOTYPE IMAGING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.. Some states or jurisdictions do not allow the Goods are shipped. All claims in respect exclusions of limitations of incidental, consequential or special damages, so the Goods must be made in writing to Seller within such 60 day period or be barred. This warranty shall above exclusion may not apply to you. Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the greatest extent permitted by law, any Goods which have been repaired or altered outside of Seller's facilities in any way or because of accident, negligence, abuse or misuse. All Goods, including those produced to meet exact specifications, shall be subject to tolerance and variations consistent with usual trade practices regarding dimensions, composition, mechanical/optical properties, and surface and internal conditions, and shall also be subject to deviations from tolerance and variations consistent with practical testing and inspection methods. Returned Goods will implied warranties not be accepted unless Seller is notified in writing and authorizes the return prior to shipment. Any suggestions made effectively excluded by Seller concerning uses or applications of the Goods reflect Seller's opinion, and Seller makes no warranty of results to be obtained. Buyer assumes all risks and responsibility for results in the use or handling of the Goods, whether used singly or in combination with other products. Buyer shall inspect the Goods immediately after delivery. Buyer's exclusive remedy and Seller's sole liability hereunder shall be this Agreement are limited to a refund of the purchase price paid by Buyer for the Goods or, at Seller's option, repair or replacement of the Goods shown to be other than as warranted or deficient in quality, and Seller shall not be liable otherwise, including for indirect, special, exemplary, punitive, incidental or consequential damages or for lost profits or injury to goodwill, whether arising out of breach of warranty, negligence, strict liability in tort or other causes.twenty-one

Warranty; Limitation of Liability. Seller warrants only that the Goods shall be substantially in accordance with Seller's Buyer’s specifications for the Goods. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE PURPOSE AND/OR NON-INFRINGEMENT,, AND SELLER HEREBY EXPRESSLY DISCLAIMS ALL SUCH OTHER WARRANTIES. Seller's ’s warranty extends only to Buyer and shall expire 60 days after the Goods are shipped. All claims in respect of the Goods must be made in writing to Seller within such 60 day period or shall be barred. This warranty shall not apply to any Goods which have been repaired or altered outside of Seller's ’s facilities in any way or because of accident, negligence, abuse or misuse. All Goods, including those produced to meet exact Buyer’s specifications, shall be subject to tolerance tolerances and variations consistent with usual and ordinary trade practices regarding practices, or the parties’ prior course of dealing, with respect to dimensions, composition, mechanical/optical properties, and surface and internal conditions, and shall also be subject to deviations from tolerance tolerances and variations consistent with practical testing and inspection methods. Returned Goods will not be accepted unless Seller is notified in writing and authorizes the return prior to shipment. Any suggestions made by Seller concerning uses or applications of the Goods reflect Seller's ’s opinion, and Seller makes no warranty of results to be obtained. Buyer assumes all risks and responsibility for results in the use or handling of the Goods, whether used singly or in combination with other products. Buyer shall inspect the Goods immediately after delivery. Buyer's exclusive remedy and Seller's sole liability hereunder shall be limited to a refund of the purchase price paid by Buyer for the Goods or, at Seller's option, repair or replacement of the Goods shown to be other than as warranted or deficient in quality, and Seller shall not be liable otherwise, including for indirect, special, exemplary, punitive, incidental or consequential damages or for lost profits or injury to goodwill, whether arising out of breach of warranty, negligence, strict liability in tort or other causes.

Warranty; Limitation of Liability. Seller Monotype warrants only to you that the Goods shall be Licensed Web Fonts will perform substantially in accordance with Seller's W3C specifications for the Goodsuse of fonts in conjunction with the ‘@font-face rule’ specified in the cascading style sheets (“CSS”) specification set forth on the xxxx://xxx.X0.xxx website as of the date of this Agreement for the twenty-one (21) day period following delivery of the Licensed Web Font(s). THIS WARRANTY IS The Licensed Web Fonts are “productized” for web performance as of the date of this agreement and no representation is made to further productize the fonts. To make a warranty claim, you must, within the twenty-one (21) day warranty period, contact Monotype with sufficient information regarding your licensing of the Licensed Web Font(s) so as to enable Monotype to verify the existence and date of the license. If the Licensed Web Font(s) do not perform substantially in accordance with W3C specifications for the use of fonts in conjunction with the ‘@font-face rule’ specified in the cascading style sheets (“CSS”) specification set forth on the xxxx://xxx.X0.xxx website as of the date you agree to be bound by this Agreement, the entire, exclusive, and cumulative liability and remedy shall be that Monotype will use commercially reasonable effects to cause the Licensed Web Font(s) provided herein to conform with the specifications within twenty-one (21) days or as soon thereafter as commercially reasonable. MONOTYPE DOES NOT WARRANT THE RESULTS YOU MAY OBTAIN BY USING THE LICENSED WEB FONT(S). THE FOREGOING STATES THE SOLE AND EXCLUSIVE AND IS IN LIEU REMEDIES FOR MONOTYPE’S BREACH OF ALL OTHER WARRANTY. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, MONOTYPE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDINGAS TO NONINFRINGEMENT OF THIRD PARTY RIGHTS, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A ANY PARTICULAR USE AND/PURPOSE. IN NO EVENT WILL MONOTYPE BE LIABLE TO YOU OR NON-INFRINGEMENT,AND SELLER HEREBY EXPRESSLY DISCLAIMS ALL ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR LOST SAVINGS, EVEN IF MONOTYPE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH OTHER WARRANTIESDAMAGES, OR (II) FOR ANY CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF MONOTYPE IMAGING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.. Some states or jurisdictions do not allow the exclusions of limitations of incidental, consequential or special damages, so the above exclusion may not apply to you. Seller's Also, some states or jurisdictions do not allow the exclusions of implied warranties or limitations on how long an implied warranty extends only may last, so the above limitations may not apply to Buyer and you. To the greatest extent permitted by law, any implied warranties not effectively excluded by this Agreement are limited to twentyone (21) days. Some jurisdictions do not permit a limitation of implied warranties where the product results in physical injury or death so such limitations may not apply to you. In those jurisdictions, you agree that Monotype’s liability for such physical injury or death shall expire 60 days after the Goods are shipped. All claims in respect not exceed One Hundred Thousand Dollars ($100,000) United States dollars, provided that such jurisdictions permit a limitation of the Goods must be made in writing to Seller within such 60 day period or be barredliability. This warranty shall not apply gives you specific legal rights. You may have other rights that vary from state to any Goods which have been repaired state or altered outside of Seller's facilities in any way or because of accident, negligence, abuse or misusejurisdiction to jurisdiction. All Goods, including those produced to meet exact specifications, shall be subject to tolerance The Licensed Web Font(s) are non-returnable and variations consistent with usual trade practices regarding dimensions, composition, mechanical/optical properties, and surface and internal conditions, and shall also be subject to deviations from tolerance and variations consistent with practical testing and inspection methods. Returned Goods will not be accepted unless Seller is notified in writing and authorizes the return prior to shipment. Any suggestions made by Seller concerning uses or applications of the Goods reflect Seller's opinion, and Seller makes no warranty of results to be obtained. Buyer assumes all risks and responsibility for results in the use or handling of the Goods, whether used singly or in combination with other products. Buyer shall inspect the Goods immediately after delivery. Buyer's exclusive remedy and Seller's sole liability hereunder shall be limited to a refund of the purchase price paid by Buyer for the Goods or, at Seller's option, repair or replacement of the Goods shown to be other than as warranted or deficient in quality, and Seller shall not be liable otherwise, including for indirect, special, exemplary, punitive, incidental or consequential damages or for lost profits or injury to goodwill, whether arising out of breach of warranty, negligence, strict liability in tort or other causesnonrefundable.

Warranty; Limitation of Liability. Seller warrants only that the Goods shall be substantially in accordance with Seller's specifications for the Goods. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND/OR NON-INFRINGEMENT,AND SELLER HEREBY EXPRESSLY DISCLAIMS ALL SUCH OTHER WARRANTIES. Seller's warranty extends only to Buyer and shall expire 60 days after the Goods are shipped. All claims in respect of the Goods must be made in writing to Seller within such 60 day period or be barred. This warranty shall not apply to any Goods which have been repaired or altered outside of Seller's facilities in any way or because of accident, negligence, abuse or misuse. All Goods, including those produced to meet exact specifications, shall be subject to tolerance and variations consistent with usual trade practices regarding dimensions, composition, mechanical/optical properties, and surface and internal conditions, and shall also be subject to deviations from tolerance and variations consistent with practical testing and inspection methods. Returned Goods will not be accepted unless Seller Xxxxxx is notified in writing and authorizes the return prior to shipment. Any suggestions made by Seller concerning uses or applications of the Goods reflect Seller's opinion, and Seller Xxxxxx makes no warranty of results to be obtained. Buyer assumes all risks and responsibility for results in the use or handling of the Goods, whether used singly or in combination with other products. Buyer shall inspect the Goods immediately after delivery. Buyer's exclusive remedy and SellerXxxxxx's sole liability hereunder shall be limited to a refund of the purchase price paid by Buyer for the Goods or, at Seller's option, repair or replacement of the Goods shown to be other than as warranted or deficient in quality, and Seller shall not be liable otherwise, including for indirect, special, exemplary, punitive, incidental or consequential damages or for lost profits or injury to goodwill, whether arising out of breach of warranty, negligence, strict liability in tort or other causes.