LIMITATION OF WARRANTY definition

LIMITATION OF WARRANTY. UCSD's exclusive remedy for Tera's breach of the foregoing warranties shall be Tera's -------------------------------------------------------------------------------- 9 10 11/6/96 replacement of repair of Tera MTA System, or Tera Bundled Software, or Tera Products which do not perform in conformance to Tera specifications. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OR USAGE FOR A PARTICULAR PURPOSE.
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LIMITATION OF WARRANTY. The Software is provided on an "AS IS" basis, without warranty of any kind. SUBJECT TO THE REQUIREMENTS AND LIMITATIONS, IF ANY, OF APPLICABLE LAW, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, SATISFACTION AND MERCHANTABILITY SHALL NOT APPLY. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE IS BORNE BY LICENSEE. LICENSEE’S SOLE RECOURSE IN THE EVENT OF ANY DISSATISFACTION WITH THE SOFTWARE IS TO STOP USING IT. This disclaimer of warranty constitutes an essential part of the agreement. Disclaimer. MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SOFTWARE AND/OR SERVICES. LICENSOR DISCLAIMS AND EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTY OF NONINFRINGEMENT OF THIRD PARTIES' RIGHTS. NO LICENSOR DEALER, DISTRIBUTOR, RESELLER, AGENT, OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.
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LIMITATION OF WARRANTY. THE REMEDY SET FORTH IN SECTION 5.2 SHALL CONSTITUTE COMPANY'S SOLE AND EXCLUSIVE REMEDY FOR A BREACH OF THE WARRANTY MADE BY JABIL HEREIN OR ANY OTHER OBLIGATION OF JABIL HEREUNDER. THE WARRANTY SET FORTH IN THIS SECTION 5 IS IN LIEU OF, AND JABIL EXPRESSLY DISCLAIMS, AND COMPANY EXPRESSLY WAIVES, ALL OTHER WARRANTIES AND REPRESENTATIONS OF ANY KIND WHATSOEVER WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR OTHERWISE, INCLUDING ANY WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR INFRINGEMENT OR MISAPPROPRIATION OF ANY RIGHT, TITLE OR INTEREST OF COMPANY OR ANY THIRD PARTY. COMPANY UNDERSTANDS AND AGREES THAT IT SHALL HAVE FULL AND EXCLUSIVE LIABILITY WITH RESPECT TO ANY PRODUCT, WHETHER FOR PRODUCT DESIGN LIABILITY, PRODUCT LIABILITY, DAMAGE TO PERSON OR PROPERTY AND/OR INFRINGEMENT OR MISAPPROPRIATION OF THIRD PARTY RIGHTS. NO ORAL OR WRITTEN STATEMENT OR REPRESENTATION BY JABIL, ITS AGENTS OR EMPLOYEES SHALL CONSTITUTE OR CREATE A WARRANTY OR EXPAND THE SCOPE OF ANY WARRANTY HEREUNDER. JABIL'S WARRANTY SHALL NOT APPLY TO ANY PRODUCT JABIL DETERMINES TO HAVE BEEN SUBJECTED TO TESTING FOR OTHER THAN SPECIFIED ELECTRICAL CHARACTERISTICS OR TO OPERATING AND/OR ENVIRONMENTAL CONDITIONS IN EXCESS OF THE MAXIMUM VALUES ESTABLISHED IN APPLICABLE SPECIFICATIONS, OR TO HAVE BEEN THE SUBJECT OF MISHANDLING, ACCIDENT, MISUSE, NEGLECT, IMPROPER TESTING, IMPROPER OR UNAUTHORIZED REPAIR, ALTERATION, DAMAGE, ASSEMBLY, PROCESSING OR ANY OTHER INAPPROPRIATE OR UNAUTHORIZED ACTION OR INACTION THAT ALTERS PHYSICAL OR ELECTRICAL PROPERTIES. THIS WARRANTY SHALL NOT APPLY TO ANY DEFECT IN THE PRODUCT ARISING FROM ANY DRAWING, DESIGN, SPECIFICATION, PROCESS, TESTING OR OTHER PROCEDURE, ADJUSTMENT OR MODIFICATION SUPPLIED AND/OR APPROVED BY COMPANY.
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Examples of LIMITATION OF WARRANTY in a sentence

  • THE FOREGOING WILL NOT BE DEEMED TO LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE.

  • CONDITIONS OF SALE AND LIMITATION OF WARRANTY AND LIABILITY NOTICE: Read the entire Directions for Use and Conditions of Sale and Limitation of Warranty and Liability before buying or using this product.

  • CONDITIONS OF SALE AND LIMITATION OF WARRANTY AND LIABILITYBEFORE BUYING OR USING THIS PRODUCT, read the entire Directions for Use and the following Conditions of Sale and Limitation of Warranty and Liability.

  • CONDITION OF SALE AND LIMITATION OF WARRANTY AND LIABILITYNOTICE: Read the entire Directions for Use and Conditions of Sale and Limitation of Warranty and Liability before buying or using this product.

  • THE FOREGOING WILL NOT BE DEEMED TO LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE EQUIPMENT.

  • SELLER’S LIMITATION OF WARRANTY SHALL APPLY EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.

  • LIMITATION OF WARRANTY The Seller gives Limited Warranty as to description, quality, merchantability, and fitness for a particular purpose, productiveness, or any other matter of Seller’s product sold herewith.

  • LIMITATION OF WARRANTY AND LIABILITYNOTICE: READ THIS LIMITATION OF WARRANTY AND LIABILITY BEFORE USING THE BAX® SYSTEM EQUIPMENT, ASSAYS, AND/ORMEDIA (“BAX® SYSTEM”).

  • This LIMITATION OF WARRANTY AND LIABILITY may not be amended or modified nor may any of its terms be waived except by a writing signed by an authorised representative of the Seller.

  • THIS LIMITATION OF WARRANTY SHALL NOT BE APPLICABLE SOLELY TO THE EXTENT THAT ANY SPECIFIC PROVISION OF THIS LIMITATION OF LIABILITY IS PROHIBITED BY ANY LAW, WHICH CANNOT BE PRE-EMPTED.


More Definitions of LIMITATION OF WARRANTY

LIMITATION OF WARRANTY. AMR shall have no obligation under this Warranty as to any Product(s) which have been misapplied, mishandled, abused, misused, modified, altered, subject to improper cleaning methods, subject to harsh chemical action, modified by unauthorized service personnel, damaged by accidents, flood, fire, smoke, public unrest, earthquake, tornado, hurricane, other acts of God, Owner negligence, reasons beyond the control of AMR, failures due to improper installation, insufficient gas or electrical supply, problems due to improper ventilation, or removed/altered serial numbers. Any damage due to water, chemical, or direct contact to infrared burners will also not be covered under this Warranty.This Warranty shall be void if the Product(s) are not properly installed by a licensed plumber, and not properly calibrated for electrical and gas connectivity, gas line size, correct pressure, and properly leveled. Additionally, AMR factory recommended cleaning instructions must be followed by Owner at all times or this Warranty shall be voided by AMR. Dealer display, model home display and products sold “as-is” have the following warranty: • 1 year parts only warranty, if the manufacture date is less than 3 years old. • Excludes items that are: missing; cracked; aesthetic; broken; dented; frayed. • All delivery, installation, labor costs and other service costs are the responsibility of the purchaser. THIS WARRANTY IS LIMITED AND MADE IN LIEU OF ANY AND ALL OTHER SUCH WARRANTIES EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILTY OR FITNESS FOR A PARTICULAR PURPOSE.THE ENTIRE LIABILITY OF AMR IS SET FORTH HEREIN THIS WARRANTY. OWNER SPECIFICALLY UNDERSTANDS AND ACKNOWLEDGES THAT THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED HEREUNDER OTHER THAN THE WARRANTIES WHICH ARE SPECIFICALLY STATED HEREIN. SAID OWNER SHALL NOT RELY ON ANY OTHER ASSERTIONS, REPRESENTATIONS OR STATEMENTS BY AMR OR ITS AGENTS, OTHER THAN THOSE SPECIFICALLY EXPRESSED IN THIS WARRANTY. AMR’S LIABILITY ON ANY CLAIM OF ANY KIND IS EXPRESSLY LIMITED AND SHALL NOT EXCEED THE PRICE OF THE PRODUCT(S) OR PART(S) THEREOF THAT GIVE RISE TO SUCH CLAIM. Failure by AMR to enforce any of its rights under this Warranty shall not be construed as a waiver of those rights. XXX specifically reserves the right to investigate and verify all claims to determine the validity of the claim and the claimant’s qualifications under this Warranty. AMR reserves the right to refuse Warranty ...
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LIMITATION OF WARRANTY. Other than the specific warranties provided above, the System, Software and Equipment and accompanying materials are provided "as is" without warranty of any kind either expressed or implied. The complete risk as to the quality and performance of the System or any of its components is with the Customer. Notwithstanding anything to the contrary contained herein, Pure makes no warranty or representation that the functions contained in the System will meet the Customer's requirements, or that the operations of the System will be uninterrupted or error-free or that any System defects are correctable. The foregoing warranties are in lieu of all other warranties expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. No oral or written information or advice given by Pure, its dealers, distributors, agents or employees shall create a warrant that in any way increases the scope of this limited warranty. The warranties provided above shall be void if the Customer permits any party other than Pure to repair, maintain or alter the System or any part thereof in any manner, or if the Customer or any other party deals with the System in any way other than as expressly provided for herein. DEFAULT A material breach or default by a party ("Defaulting Party") of any terms, conditions, warranties or representations provided in this Agreement shall give rise to any event of default ("Default"). The other party may, at its option, terminate this Agreement upon giving the Defaulting Party notice in writing of the specific details of the alleged Default and, where the Defaulting Party has not remedied such Default within thirty (30) days of receipt of such notice, all amounts outstanding hereunder from Customer to Pure shall immediately be due and payable on Default of Customer which is not cured in the manner required by this Section. LIMIT OF LIABILITY Notwithstanding anything to the contrary contained herein, in no event shall Pure be liable to the Customer for any lost profits, lost savings or other incidental, special or consequential damages arising out of the use, misuse or inability to use the System, including without limitation, the Software or Equipment, whether such damages are sought by the Customer or any other party, even if Pure has been advised of the possibility of such damages. Pure shall not be liable for any damages caused by delay in delivery, instalation, setup, testing or furnis...
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LIMITATION OF WARRANTY. EXCEPT AS SET FORTH HEREIN, MODUS MEDIA MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY
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LIMITATION OF WARRANTY. EXCEPT AS EXPRESSLY PROVIDED HEREIN, YOU ARE ACQUIRING THE PRODUCT "AS IS" AND "WHERE IS", WITHOUT REPRESENTATION OR WARRANTY. ESCORT SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY INCLUDING, BUT NOT LIMITED TO THOSE CONCERNING THE MERCHANTABILITY AND SUITABILITY OF THE PRODUCT FOR A PARTICULAR PURPOSE. ESCORT SHALL NOT BE LIABLE FOR CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING OUT OF THE USE, MISUSE OR MOUNTING OF THE PRODUCT. The above limitations or exclusions shall be limited to the extent they violate the laws of any state. ESCORT is not responsible for products lost in shipment between the owner and our service center.
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Related to LIMITATION OF WARRANTY

  • Limitation of Liability Insert the following Section 15, after Section 14:

  • Express warranty means an express warranty as set forth in sections 4-2-313 and 4-2.5-210, C.R.S. An express warranty shall cover every part of a new facilitative device.

  • Warranty means any one of them.

  • Limited Warranty means the limited warranties and your coverage provided by IKO for your Shingles as expressly set out in this document, and are the only warranties being provided by IKO.

  • Manufacturer’s Warranty means the warranty supplied from time to time by the manufacturer of the Goods as at the date of the acceptance of the Statement of Work; “PPSA” means the Personal Property Securities Xxx 0000; “Price” means the amount specified within each Statement of Work (subject to any Variation) or as otherwise specified from the Company to the Customer representing the cost for the Works; “Related Work” means any additional building, carpentry, painting, plastering, plumbing or other work or other trades that the Customer requires, which are not to be carried out by the Company; “Services” means the services provided by the Company to the Customer as part of the Works, which may include without limitation the installation of Goods; “Services Delay Charge” means the services delay charge (if any) set out in the Statement of Work; “Services Interruption Event” means any interruption to a Works caused by; a Force Majeure Event, the Customer’s failure to carry out or perform any obligation required of it under this agreement which in the sole opinion of the Company does or may cause a delay in the Works and any other matter which in the reasonable opinion of the Company will cause an interruption or delay in the performance of the Works; “Statement of Work” means the details outlining the provision of the Works, which statement can be delivered verbally or in writing (including email) and may include (where applicable) an estimate or quotation (as specifically expressed as the case) of costs; “Variation” means a change in the Statement of Work including the specifications, scope, time of supply, price or scale of the Works and such variation shall form part of this agreement; “Workmanship” means a good and high quality and standard of delivery in connection with the Services performed; “Works” means the supply of Goods and the provision of Services to the Customer as per each Statement of Work;

  • Product Warranty has the meaning set forth in Section 9.3.

  • Defects Liability Certificate means the certificate issued by Architect upon correction of defects by the Contractor.

  • Warranty Xxxx of Sale means the warranty (as to title) xxxx of sale covering the Aircraft executed by Manufacturer or an affiliate of Manufacturer in favor of Company and specifically referring to each Engine, as well as the Airframe, constituting a part of the Aircraft.

  • Seller’s Warranties means Seller’s representations and warranties set forth in Section 9.2 and the Closing Documents executed by Seller, as such representations and warranties may be deemed modified or waived by Buyer pursuant to the terms of this Agreement.

  • statutory provision means a provision of an Act or of an instrument made under an Act.

  • Limitation means any provision other than an Exclusion that restricts coverage under this Contract.

  • Indemnification Provisions means each of the Debtors’ indemnification provisions in place immediately prior to the Effective Date whether in the Debtors’ bylaws, certificates of incorporation, other formation documents, board resolutions, the 2008 Bond Documents, or contracts for the current and former directors, officers, managers, employees, attorneys, other professionals, and agents and such current and former directors, officers, and managers’ respective Affiliates.

  • Defects Liability Expiry Certificate means the certificate to be issued by the Client to the Contractor, in accordance with the Contract.

  • materiality means the point at which the net asset value of the Share class is impacted to the extent described in Section 2.04(a)(iii) below;

  • Exceptions and Limitations means fair use, fair dealing, and/or any other exception or limitation to Copyright and Similar Rights that applies to Your use of the Licensed Material.

  • Limitations means any limitations of the exclusive right to the use of a trade mark given by the registration of a person as proprietor thereof, including limitations of that right as to mode of use, as to use in relation to goods to be sold or otherwise traded in in any place within Zambia or as to use in relation to goods to be exported to any market outside Zambia;

  • Minimum Essential Coverage has the meaning given in the Affordable Care Act, 26 U.S.C. §5000A(f).

  • Limitation Acts means the Limitation Xxx 0000 and the Foreign Limitation Periods Xxx 0000.

  • Tax Warranty means a representation or warranty in Sections 3.17 or 3.19.

  • Express Waiver I desire to expressly waive any claim of confidentiality as to any and all information contained within our response to the competitive procurement process (e.g. RFP, CSP, Bid, RFQ, etc.) by completing the following and submitting this sheet with our response to Education Service Center Region 8 and TIPS. Signature Date

  • Indemnification Obligation means any existing or future obligation of any Debtor to indemnify current and former directors, officers, members, managers, agents or employees of any of the Debtors who served in such capacity, with respect to or based upon such service or any act or omission taken or not taken in any of such capacities, or for or on behalf of any Debtor, whether pursuant to agreement, the Debtors’ respective memoranda, articles or certificates of incorporation or formation, corporate charters, bylaws, operating agreements, limited liability company agreements, or similar corporate or organizational documents or other applicable contract or law in effect as of the Effective Date, excluding any obligation to indemnify any of the foregoing parties with respect to any act or omission for or on behalf of the Debtors arising out of any act or omission determined by a Final Order to constitute actual fraud, willful misconduct, or gross negligence.

  • Breach of Agreement provisions of Section 5(a)(ii) will apply to Party A and will not apply to Party B.

  • Extended Warranty means an agreement for a specified duration to

  • Indemnification Obligations means each of the Debtors’ indemnification obligations in place as of the Effective Date, whether in the bylaws, certificates of incorporation or formation, limited liability company agreements, other organizational or formation documents, board resolutions, management or indemnification agreements, or employment or other contracts, for their current and former directors, officers, managers, employees, attorneys, accountants, investment bankers, and other professionals and agents of the Debtors, as applicable.

  • Representation means any representation as to fact or law, including a representation as to the state of mind of—

  • Purchaser’s Warranties means the warranties of the Purchaser set out in Clause 6.2 and Schedule 2;