Seller Warranty. Subject to the limitations set forth in this Agreement, and for a period of six (6) months following Seller’s delivery of the Goods (the “Warranty Period”), Seller warrants to Purchaser (and not to any third party) the Goods will conform to the written specifications for the Goods agreed upon Purchaser and Seller (the “Seller Warranty”). THE SELLER WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EITHER EXPRESS, STATUTORY OR IMPLIED, WHICH ARE HEREBY DISCLAIMED AND EXCLUDED BY SELLER, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ALL OBLIGATIONS OR LIABILITIES ON THE PART OF SELLER FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE, REPAIR, OR PERFORMANCE OF THE GOODS. SELLERS WARRANTY EXTENDS ONLY TO VIRGIN UNOPENED CONTAINERS AND DOES NOT COVER PREMIX CONTAINERS. The Seller Warranty will not apply if the alleged defect was caused or contributed to by (i) failure of, or any defect in, any goods into which the Goods were installed or incorporated and not attributable solely and exclusively to such Good; (ii) any system processing, design or installation, (iii) failure to follow any directions, manuals and precautions provided by Seller, if any; (iv) transportation, storage or handling of the Goods; (v) misuse, mishandling, misapplication (including improper maintenance), accident, neglect, improper installation, wear and tear, abnormal use (including any application not originally specified by Seller for the Goods); or (vi) adjustments or repairs performed by anyone other than Seller or one of Seller’s expressly authorized agents. Exclusive Remedy. PURCHASER'S EXCLUSIVE REMEDY AGAINST SELLER, AND SELLER’S SOLE OBLIGATION FOR ANY AND ALL CLAIMS, WHETHER FOR BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO, AT SELLER’S OPTION, SELLER REPLACING THE NON-CONFORMING GOODS WITH CONFORMING GOODS, REPARING THE APPLICABLE GOODS, OR REFUNDING THE PURCHASE PRICE PAID BY PURCHASER TO SELLER FOR THE APPLICABLE GOODS. IN NO EVENT SHALL SELLER HAVE ANY LIABILITY FOR DAMAGES IN AN AMOUNT EXCEEDING THE PURCHASE PRICE OF THE APPLICABLE GOODS.
Seller Warranty. Seller warrants that Seller has not received notification from the Condominium Association, any other homeowner's association or lawful authority regarding any assessments that remain unpaid, pending special assessments, pending public improvements, or repairs, replacements, or alterations to the Property that have not been satisfactorily made. Seller warrants that there is no unpaid indebtedness on the Property except as described in this Contract. These warranties shall survive the closing.
Seller Warranty. Xxxxxx agrees to deliver possession of the premises and personal property in 165 the same condition as it is at the date of this Contract, ordinary wear and tear excepted. 166 Buyer acknowledges that Xxxxx has inspected the premises and personal property and is 167 acquainted with its condition, and accepts the same in “AS IS” condition as of the time Buyer 168 executed this Contract, except Seller warrants the heating (and air conditioning) equipment 169 and systems, water heater, (water softener), plumbing and electrical equipment and systems, 170 kitchen appliances, and where applicable (septic system), (well), (swimming pool and 171 equipment), and (sprinkling system), to be in normal operating condition as of possession 172 transfer. A system shall be deemed to be in normal operating condition if it performs the 173 function for which it is intended regardless of age and does not constitute a threat to health or 174 safety. Unless written notice of breach of warranty is delivered by Buyer to Seller prior to 175 possession transfer, this warranty will be conclusively deemed to have been satisfied; 176 provided, however, that Buyer shall have six (6) months after possession transfer to provide 177 written notice to Seller of any defect existing as of possession transfer in the heating (and air 178 conditioning) equipment and systems, (septic system), (swimming pool and equipment), or 179 (sprinkling system) if said equipment could not be tested by Xxxxx at the time of any 180 inspection conducted in conjunction with this Contract. 181 If deleted pursuant to Paragraph 22B As Is: Seller’s Initials / Buyer’s Initials /
Seller Warranty. At the Closing, Seller shall deliver to Purchaser a construction warranty (the “Seller’s Construction Warranty”), in the form attached hereto as Exhibit “I” and incorporated herein, warranting the Improvements to be free from defects in materials or workmanship for a period of nine (9) months following the Closing Date (the “Warranty Period”). At Closing, Seller shall place the sum of $100,000.00 (the “Warranty Escrowed Funds”), in escrow with Escrow Agent, pursuant to an escrow agreement in form reasonably acceptable to Seller and Purchaser (the “ Warranty Escrow Agreement”), to be held until the later to occur of (i) the expiration of the Warranty Period, or (ii) final resolution of any warranty claim made by Purchaser within the Warranty Period. The Warranty Escrowed Funds shall be disbursed to Purchaser in compensation for any Seller default under Seller’s Construction Warranty. Any undisbursed portion of the Warranty Escrowed Funds shall be disbursed to Seller upon the expiration of the Warranty Period unless a warranty claim remains unresolved at such time, in which event all or a portion of the Warranty Escrowed Funds equal to the amount of such claim shall be reserved and not disbursed to Seller, subject to the resolution of such claim.
Seller Warranty. At the Closing, Seller shall deliver to Purchaser a construction warranty (the “Seller’s Construction Warranty”), in the form attached hereto as Exhibit “I” and incorporated herein, warranting the Improvements to be free from defects in materials or workmanship for a period of twelve (12) months following the Closing Date (the “Warranty Period”).
Seller Warranty. “Seller Warranty” shall mean a one-year warranty, from the Closing Date, as described in Section 10.4 of this Agreement.
Seller Warranty. Seller warrants to Purchaser that the Building Systems have been and will be installed (i) in compliance with the Property Improvement Plan, and the Plans and Specifications and all applicable laws, (ii) in accordance with sound engineering practices, (iii) in a good and workmanlike manner consistent with building construction standards in the South Florida marketplace, and (iv) free of design defects, liens and any and all licenses, royalties and other liabilities for the use of patents, copyrights, trade secrets or other intellectual property (exclusive of materials, equipment or other items supplied by Purchaser). Seller agrees to correct any Building System that is found not to be in conformance with this Section 10.4.1 for a period of twelve months from the Closing Date.
Seller Warranty. Seller represents and warrants to Hawaiian Electric that, as of the date of Delivery of Fuel under this Contract, it has good and marketable title to the Fuel sold and delivered pursuant to this Contract, free and clear of any security interests, mortgage, pledge, liens or other encumbrances, and that it has full right and authority to transfer such title and effect delivery of such Fuel to Hawaiian Electric.
Seller Warranty. Seller represents and warrants that it or its Affiliates own, or have the right to deliver from the Freshwater System, all Freshwater delivered under this Agreement. If the title to Freshwater delivered by Seller hereunder is disputed or is involved in any legal action, Producer shall have the right to cease receiving such Freshwater, to the extent of the interest disputed or involved in legal action, during the pendency of the action or until title is freed from the dispute, or until Seller furnishes, or causes to be furnished, defense CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR SUCH INFORMATION HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE INFORMATION HAS BEEN MARKED AT THE APPROPRIATE PLACE WITH BRACKETS AND THREE ASTERISKS [***]. and indemnification to hold Producer harmless from all claims arising out of the dispute or action, with surety acceptable to Producer. Seller shall release, indemnify, defend and hold Producer harmless from and against all claims and losses arising out of or related to any liens, encumbrances or adverse title claims on any of Seller’s Freshwater delivered to the Delivery Points.
Seller Warranty. Seller represents and warrants that it owns, or has the right to deliver from the Freshwater System, all Freshwater delivered under this Agreement. If the title to Freshwater delivered by Seller hereunder is disputed or is involved in any legal action, Producer shall have the right to cease receiving such Freshwater, to the extent of the interest disputed or involved in legal action, during the pendency of the action or until title is freed from the dispute, or until Seller furnishes, or causes to be furnished, defense and indemnification to hold Producer harmless from all claims arising out of the dispute or action, with surety acceptable to Producer. Seller shall release, indemnify, defend and hold Producer harmless from and against all claims and losses arising out of or related to any liens, encumbrances or adverse claims on any of Seller’s Freshwater delivered to the Delivery Points.
