Common use of LIMITATION OF REMEDY Clause in Contracts

LIMITATION OF REMEDY. If within the limited warranty period, the Customer discovers any covered warranty defects and notifies the Company within thirty (30) days of such discovery, pursuant to the Claims Procedure in Section 4 below, the Company shall, at its option and as the Customer’s exclusive remedy, repair or replace F.O.B. point of manufacture. The remedies set forth in this limited warranty are exclusive. The sole and exclusive remedy for breach of any warranty hereunder shall be limited to repair or replacement of the products. In the event that the product cannot be repaired or replaced, the company reserves the right to substitute a product of similar technical parameters. The company will not refund the purchase price of the original product. Failure by the Customer to give such written notice within the thirty (30) day time period shall be deemed an absolute and unconditional waiver of the Customer’s claim for such covered defects. All costs and expenses of dismantling, reinstallation and freight, including the time of the Company’s personnel and representatives for site travel and diagnosis under this limited warranty, shall be borne by the Customer unless accepted in writing by the Company. Products repaired or replaced during the limited warranty period shall be covered by the foregoing limited warranty for the remainder of the limited warranty period. The Customer assumes all other responsibility for any loss, damage, or injury to persons or property arising out of, connected with, or resulting from the use of Products, either alone or in combination with other only on an individual (non-class, non-representative) basis. The Company and the Customer agree that each of them may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both the Company and the Customer agree, the arbitration may not consolidate or join more than one person’s claims and many not otherwise preside over any form of a consolidated, representative, or class proceeding.

LIMITATION OF REMEDY. If within the limited warranty period, the Customer discovers any covered warranty defects and notifies the Company within thirty (30) days of such discovery, pursuant to the Claims Procedure in Section 4 below, the Company shall, at its option and as the Customer’s exclusive remedy, repair or replace F.O.B. point of manufacture. The remedies set forth in this limited warranty are exclusive. The sole and exclusive remedy for breach of any warranty hereunder shall be limited to repair or replacement of the products. In the event that the product cannot be repaired or replaced, the company reserves the right to substitute a product of similar technical parameters. The company will not refund the purchase price of the original product. Failure by the Customer to give such written notice within the thirty (30) day time period shall be deemed an absolute and unconditional waiver of the Customer’s claim for such covered defects. All costs and expenses of dismantling, reinstallation and freight, including the time of the Company’s personnel and representatives for site travel and diagnosis under this limited warranty, shall be borne by the Customer unless accepted in writing by the Company. Products repaired or replaced during the limited warranty period shall be covered by the foregoing limited warranty for the remainder of the limited warranty period. The Customer assumes all other responsibility for any loss, damage, or injury to persons or property arising out of, connected with, or resulting from the use of Products, either alone or in combination with other only on an individual (non-class, non-representative) basis. The Company and the Customer agree that each of them may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both the Company and the Customer agree, the arbitration may not consolidate or join more than one person’s claims and many not otherwise preside over any form of a consolidated, representative, or class proceeding.

LIMITATION OF REMEDY. If within the limited warranty period, the Customer discovers any covered warranty defects and notifies the Company within thirty (30) days of such discovery, pursuant to the Claims Procedure in Section 4 below, the Company shall, at its option and as the Customer’s exclusive remedy, repair or replace F.O.B. point of manufacture. The remedies set forth in this limited warranty are exclusive. The sole and exclusive remedy for breach of any warranty hereunder shall be limited to repair or replacement of the products. In the event that the product cannot be repaired or replaced, the company reserves the right to substitute a product of similar technical parameters. The company will not refund the purchase price of the original product. Failure by the Customer to give such written notice within the thirty (30) day time period shall be deemed an absolute and unconditional waiver of the Customer’s claim for such covered defects. All costs and expenses of dismantling, reinstallation and freight, including the time of the Company’s personnel and representatives for site travel and diagnosis under this limited warranty, shall be borne by the Customer unless accepted in writing by the Company. Products repaired or replaced during the limited warranty period shall be covered by the foregoing limited warranty for the remainder of the limited warranty period. The Customer assumes all other responsibility for any loss, damage, or injury to persons or property arising out of, connected with, or resulting from the use of Products, either alone or in combination with other only on an individual (non-class, non-representative) basis. The Company and the Customer agree that each of them may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both the Company and the Customer agree, the arbitration may not consolidate or join more than one person’s claims and many not otherwise preside over any form of a consolidated, representative, or class proceedingproducts/components.

LIMITATION OF REMEDY. If within the limited warranty period, the Customer discovers any covered warranty defects and notifies the Company within thirty (30) days of such discovery, pursuant to the Claims Procedure in Section 4 below, the Company shall, at its option and as the Customer’s exclusive remedy, repair or replace F.O.B. point of manufacture. The remedies set forth in this limited warranty are exclusive. The sole and exclusive remedy for breach of any warranty hereunder shall be limited to repair or replacement of the products. In the event that the product cannot be repaired or replaced, the company reserves the right to substitute a product of similar technical parameters. The company will not refund the purchase price of the original product. Failure by the Customer to give such written notice within the thirty (30) day time period shall be deemed an absolute and unconditional waiver of the Customer’s claim for such covered defects. All costs and expenses of dismantling, reinstallation and freight, including the time of the Company’s personnel and representatives for site travel and diagnosis under this limited warranty, shall be borne by the Customer unless accepted in writing by the Company. Products repaired or replaced during the limited warranty period shall be covered by the foregoing limited warranty for the remainder of the limited warranty period. The Customer assumes all other responsibility for any loss, damage, or injury to persons or property arising out of, connected with, or resulting from the use of Products, either alone or in combination with other only on an individual (non-class, non-representative) basis. The Company and the Customer agree that each of them may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both the Company and the Customer agree, the arbitration may not consolidate or join more than one person’s claims and many not otherwise preside over any form of a consolidated, representative, or class proceeding.

LIMITATION OF REMEDY. If within the limited warranty period, the Customer discovers any covered warranty defects and notifies the Company within thirty (30) days of such discovery, pursuant to the Claims Procedure in Section 4 below, the Company shall, at its option and as the Customer’s 's exclusive remedy, repair or replace F.O.B. point of manufacture. The remedies set forth in this limited warranty are exclusive. The sole and exclusive remedy for breach of any warranty hereunder shall be limited to repair or replacement of the products. In the event that the product cannot be repaired or replaced, the company reserves the right to substitute a product of similar technical parameters. The company will not refund the purchase price of the original product. Failure by the Customer to give such written notice within the thirty (30) day time period shall be deemed an absolute and unconditional waiver of the Customer’s claim for such covered defects. All costs and expenses of dismantling, reinstallation and freight, including the time of the Company’s 's personnel and representatives for site travel and diagnosis under this limited warranty, shall be borne by the Customer unless accepted in writing by the Company. Products repaired or replaced during the limited warranty period shall be covered by the foregoing limited warranty for the remainder of the limited warranty period. The Customer assumes all other responsibility for any loss, damage, or injury to persons or property arising out of, connected with, or resulting from the use of Products, either alone or in combination with other only on an individual (non-class, non-representative) basis. The Company and the Customer agree that each of them may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both the Company and the Customer agree, the arbitration may not consolidate or join more than one person’s claims and many not otherwise preside over any form of a consolidated, representative, or class proceedingproducts/components.