Common use of Warranty Claims Clause in Contracts

Warranty Claims. Purchaser hereby acknowledges and agrees that Purchaser has selected and ordered goods based on its own skill and judgment and agrees that it is responsible for ensuring that the goods selected are fit for Purchaser’s purpose. Hallite warrants only that such goods have been produced in accord with Hallite’s standard practices as it pertains to materials and workmanship, and no samples or prior description of goods shall constitute an express warranty. If goods are non-conforming, Hallite, at its sole option and subject to the terms of this Section 8 and Section 11, will either (i) allow Purchaser to return the goods and receive repayment of the price or (ii) repair or replace the goods. No goods shall be returned to Hallite without the prior written consent of Hallite and the assignment of a return goods authorization number by Hallite. Purchaser is liable for all costs associated with and incurred by Hallite due to Purchaser’s selection of non-compliant or defective designs and materials. Such associated costs are calculated based on any additional costs incurred by Hallite in managing the non-compliant or defective products, including, but not limited to, all reworks, investigations, and other consequential costs. Hallite will not be responsible for any selection made by Purchaser and will not have any liability to Purchaser for any loss, damages, costs, or expenses suffered by Purchaser as a result thereof. THE WARRANTY IN THIS SECTION 8 IS IN LIEU OF ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY BY VIRTUE OF COURSE OF DEALINGS OR USAGE OF TRADE BETWEEN THE PARTIES. Hallite shall have no obligation under the warranty in this Section 8 if damage to the goods occurs because of Purchaser’s failure to comply with Hallite’s written storage procedures for the goods or improper handling or operation, modification of the goods, abuse, misuse, unauthorized repairs made or attempted and/or where equipment is operated above rated capacity. No agent, employee, or representative of Hallite has authority to bind Hallite to any affirmation, representation, or warranty concerning the goods sold. Upon receipt, Purchaser shall inspect any goods provided hereunder. All notice of claims, including claims for alleged defective goods, must be made within

Appears in 3 contracts

Samples: hallite.com, hallite.com, hallite.com

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Warranty Claims. Purchaser hereby acknowledges and agrees Any Product believed to be defective as covered by these warranties may not be returned for warranty service without prior written authorization from Xxxxxxx. Purchasers who wish to make a warranty claim based upon a Product defect must contact Xxxxxxx within thirty (30) days from date of discovery of the alleged defect(s). Our Customer Service team can be reached by calling (000) 000-0000 or through our website at xxxxx://xxx.xxxxxxxxxxxxxxx.xxx/support/contact-support. Please note that Purchaser has selected and ordered goods based on its own skill and judgment and agrees that it is responsible for ensuring that the goods selected are fit for Purchaser’s purpose. Hallite warrants only that such goods have been produced in accord with Hallite’s standard practices as it pertains you will be required to materials and workmanship, and no samples or prior provide a description of goods shall constitute an express warrantyany claimed defect(s) and a dated proof of purchase from Xxxxxxx or the Xxxxxxx authorized reseller from which the Product was purchased to verify warranty eligibility. If goods are non-conformingXxxxxxx reserves the right to request other information and evidence reasonably required to verify warranty eligibility and, Halliteif requested, at its sole option and subject to the terms of this Section 8 and Section 11, will either (i) allow Purchaser to return the goods and receive repayment you must permit inspection of the price Product by Xxxxxxx or (ii) repair its representatives. If, after investigation, Xxxxxxx honors the warranty claim, the remedy will be performed by or replace on behalf of Xxxxxxx in accordance with the goodsabove heading, “Remedies”. No goods shall be returned to Hallite without the prior written consent Limitation of Hallite and the assignment of a return goods authorization number by HalliteLiabilities THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THOSE STATED HEREIN. Purchaser is liable for all costs associated with and incurred by Hallite due to Purchaser’s selection of non-compliant or defective designs and materials. Such associated costs are calculated based on any additional costs incurred by Hallite in managing the non-compliant or defective products, including, but not limited to, all reworks, investigations, and other consequential costs. Hallite will not be responsible for any selection made by Purchaser and will not have any liability to Purchaser for any loss, damages, costs, or expenses suffered by Purchaser as a result thereof. THE WARRANTY IN THIS SECTION 8 IS IN LIEU OF ANY EXPRESS OR IMPLIED WARRANTIESWARRANTIES THAT MAY BE APPLICABLE TO PRODUCTS, INCLUDING ANY IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY ARE LIMITED IN DURATION TO THE DURATION OF THIS WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY BY VIRTUE LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. UNDER NO CIRCUMSTANCES SHALL XXXXXXX BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES BASED UPON BREACH OF COURSE THIS LIMITED WARRANTY, BREACH OF DEALINGS CONTRACT, OR USAGE STRICT LIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF TRADE BETWEEN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PARTIESABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Hallite shall have no obligation under the warranty in this Section 8 if damage to the goods occurs because of Purchaser’s failure to comply with Hallite’s written storage procedures for the goods or improper handling or operationTHIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, modification of the goods, abuse, misuse, unauthorized repairs made or attempted and/or where equipment is operated above rated capacity. No agent, employee, or representative of Hallite has authority to bind Hallite to any affirmation, representation, or warranty concerning the goods sold. Upon receipt, Purchaser shall inspect any goods provided hereunder. All notice of claims, including claims for alleged defective goods, must be made withinAND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

Appears in 2 contracts

Samples: Mechanical Limited Warranty, Mechanical Limited Warranty

Warranty Claims. Purchaser hereby acknowledges and agrees that Purchaser has selected and ordered goods based on its own skill and judgment and agrees that it is responsible If, within the Warranty Period, the Product shall be proven at Unirac’s sole discretion to be nonconforming, then Unirac shall repair or provide a replacement for ensuring that the goods selected are fit for Purchaser’s purpose. Hallite warrants only that such goods have been produced in accord with Hallite’s standard practices as it pertains to materials and workmanshipnonconforming Product, and no samples or prior description of goods shall constitute an express warranty. If goods are non-conforming, Halliteany nonconforming part thereof, at its sole option and subject Unirac’s option. Any such repair or replacement does not cause the beginning of new warranty terms, nor shall the Warranty Period of this Limited Warranty be extended. Unirac’s aggregate liability for all warranty claims shall not exceed the original Purchase Price of the nonconforming Product. Buyer shall bear all costs of shipment or transportation related to the terms of this Section 8 and Section 11, will either (i) allow Purchaser to return the goods and receive repayment repair or replacement of the price or (ii) nonconforming product. Such repair or replace the goods. No goods replacement shall be returned Buyer’s sole remedy and shall fulfill all of Unirac’s obligations with respect to Hallite without the prior written consent of Hallite Product and the assignment of a return goods authorization number by Halliteall warranty claims. Purchaser is liable for all costs associated with and incurred by Hallite due to Purchaser’s selection of non-compliant or defective designs and materials. Such associated costs are calculated based on any additional costs incurred by Hallite in managing the non-compliant or defective productsEXCEPT FOR THE LIMITED WARRANTY EXPRESSED ABOVE, including, but not limited to, all reworks, investigations, and other consequential costs. Hallite will not be responsible for any selection made by Purchaser and will not have any liability to Purchaser for any loss, damages, costs, or expenses suffered by Purchaser as a result thereof. THE UNIRAC MAKES NO REPRESENTATION OR WARRANTY IN THIS SECTION 8 IS IN LIEU OF ANY KIND WHATSOEVER AND HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED WARRANTIESIMPLIED, INCLUDING ANY THE IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY BY VIRTUE OF COURSE OF DEALINGS OR DEALING AND USAGE OF TRADE BETWEEN TRADE. UNIRAC SHALL NOT BE LIABLE FOR LOSS OF USE, REVENUE OR PROFIT, OR FOR DIRECT, INDIRECT, SPECIAL, PUNITIVE, LIQUIDATED, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER LOSS OR COST OF A SIMILAR TYPE, OR FOR CLAIMS BY BUYER FOR DAMAGES OF BUYER’S CUSTOMERS, CLAIMS OF THIRD PARTIES OR INJURY TO PERSONS OR PROPERTY ARISING OUT OF ANY DEFECT OR NONCONFORMITY IN THE PARTIESPRODUCT COVERED BY THIS WARRANTY, EVEN IF CAUSED BY THE NEGLIGENCE OF UNIRAC. Hallite shall have no obligation under the warranty in this Section 8 if damage to the goods occurs because of Purchaser’s failure to comply with Hallite’s written storage procedures for the goods or improper handling or operationALL SUCH DAMAGES AND EXPENSES ARE HEREBY EXCLUDED. EFFECTIVE DATE: FEBRUARY 28, modification of the goods, abuse, misuse, unauthorized repairs made or attempted and/or where equipment is operated above rated capacity. No agent, employee, or representative of Hallite has authority to bind Hallite to any affirmation, representation, or warranty concerning the goods sold. Upon receipt, Purchaser shall inspect any goods provided hereunder. All notice of claims, including claims for alleged defective goods, must be made within2017

Appears in 2 contracts

Samples: sunwatts.com, unirac.com

Warranty Claims. Purchaser hereby acknowledges and agrees that Purchaser it has selected and ordered goods based on its own skill and judgment and agrees that it is responsible for ensuring that the goods selected are fit for Purchaser’s purpose. Hallite AIP warrants only that such goods have been produced in accord with HalliteAIP’s standard practices as it pertains with regard to materials and workmanship, workmanship and no samples or prior description of goods shall constitute an express warranty. If goods are non-conforming, HalliteAIP, at its sole option and subject to the terms of this Section 8 paragraph 7 and Section 11paragraph 9, will either (i) allow Purchaser to return the goods and receive repayment of the price or (ii) repair or replace the goods. No goods shall are to be returned to Hallite AIP without the prior written consent of Hallite AIP and the assignment of a return goods authorization number by HalliteAIP. Purchaser is liable to pay for all associated costs associated with and incurred by Hallite AIP due to Purchaser’s selection of non-compliant noncompliant or defective designs and materials. Such These associated costs are calculated based on any additional costs incurred by Hallite AIP in managing the non-compliant noncompliant or defective products, including, but not limited to, all reworks, investigations, investigations and other consequential costs. Hallite will AIP shall not be responsible for any selection made by Purchaser and will not have any liability to Purchaser for any loss, damages, costs, costs or expenses suffered by Purchaser as a result thereof. THE THIS WARRANTY IN THIS SECTION 8 IS IN LIEU OF ANY EXPRESS EXPRESSED OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR PURPOSE AND ANY IMPLIED WARRANTY BY VIRTUE OTHER OBLIGATION ON THE PART OF COURSE OF DEALINGS OR USAGE OF TRADE BETWEEN THE PARTIESSELLER. Hallite AIP shall have no obligation under the this warranty in this Section 8 if damage to the goods occurs because of Purchaser’s failure to comply with HalliteAIP’s written storage procedures for the goods or improper handling or operation, modification of the goods, abuse, misuse, unauthorized repairs made or attempted and/or where equipment is operated above rated capacity. No agent, employee, employee or representative of Hallite AIP has authority to bind Hallite AIP to any affirmation, representation, representation or warranty concerning the goods sold. Upon receipt, Purchaser shall inspect any goods provided hereunderthe goods. All notice of claims, including claims for alleged defective goods, must be made withinwithin (i) thirty (30) days of receipt of such goods; or (ii) prior to the installation of such goods into any other products, whichever period is shorter. If no notice of claim is made within such inspection period, the goods are irrevocably accepted by Purchaser and all claims against AIP are waived and forever barred. Purchaser agrees that any litigation or arbitration relating to any claim must be commenced within one (1) year after date of shipment by AIP. Purchaser hereby expressly assumes all liability for all damage and injury occurring before and after said time periods if notice is not made pursuant to this Agreement.

Appears in 2 contracts

Samples: Standard Terms and Conditions of Sale, Standard Terms and Conditions of Sale

Warranty Claims. Purchaser hereby acknowledges and agrees that Purchaser it has selected and ordered goods based on its own skill and judgment and agrees that it is responsible for ensuring that the goods selected are fit for Purchaser’s 's purpose. Hallite Xxxxxx warrants to Purchaser only that such goods have been produced in accord with Hallite’s Xxxxxx'x standard practices as it pertains with regard to materials and workmanship, workmanship and no samples or prior description of goods shall constitute an express warranty. If goods are non-conforming, HalliteXxxxxx, at its sole option and subject to the terms of this Section 8 section 7 and Section 11section 10, will either (i) allow Purchaser to return the goods and receive repayment of the price or (ii) repair or replace the goods. No goods shall are to be returned to Hallite Xxxxxx without the prior written consent of Hallite Xxxxxx and the assignment of a return goods authorization number by HalliteXxxxxx. Purchaser is liable to pay for all associated costs associated with and incurred by Hallite Xxxxxx due to Purchaser’s its selection of non-compliant noncompliant or defective designs and products, designs, or materials. Such These associated costs are calculated based on include: (a) an administrative charge to cover all handling, data entry, and reporting activities from the selection of noncompliant or defective products, designs, or materials; (b) any additional costs incurred by Hallite Xxxxxx in managing the non-compliant noncompliant or defective products, includingdesigns, or materials, including but not limited to, all reworks, investigations, investigations and other consequential costs; and (c) with respect to goods manufactured or delivered by the Xxxxxx Drives division of Xxxxxx, up to a thirty five percent (35%) return fee with a minimum restocking fee of $200 or the equivalent thereof in the currency used in the terms and conditions at the exchange rate listed in the Financial Times as of the date of receipt. Hallite will E-commerce purchases are exempt from a return fee as long as returned merchandise is in resaleable condition as determined by Xxxxxx. Xxxxxx reserves the right to alter the fixed administrative charges at any time without notice to Purchaser. Xxxxxx shall not be responsible for any selection made by Purchaser and will not have any liability to Purchaser for any loss, damages, costs, costs or expenses suffered by Purchaser as a result thereof. THE WARRANTY IN THIS SECTION 8 IS IN LIEU OF ANY EXPRESS Approved 2020-Feb-07 MERCHANTABILITY OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR PURPOSE AND ANY IMPLIED WARRANTY BY VIRTUE OTHER OBLIGATION ON THE PART OF COURSE OF DEALINGS OR USAGE OF TRADE BETWEEN THE PARTIES. Hallite shall have no obligation under the warranty in this Section 8 if damage to the goods occurs because of Purchaser’s failure to comply with Hallite’s written storage procedures for the goods or improper handling or operation, modification of the goods, abuse, misuse, unauthorized repairs made or attempted and/or where equipment is operated above rated capacity. No agent, employee, or representative of Hallite has authority to bind Hallite to any affirmation, representation, or warranty concerning the goods sold. Upon receipt, Purchaser shall inspect any goods provided hereunder. All notice of claims, including claims for alleged defective goods, must be made withinSELLER.

Appears in 2 contracts

Samples: Entire Agreement, Entire Agreement

Warranty Claims. Purchaser hereby acknowledges If FCC believes that any Ammunition Product is defective or otherwise fails to conform to the applicable Specifications, FCC shall be entitled to, prior to the expiration of the Warranty Period and agrees within 30 days of becoming aware of such defect or nonconformance, notify LLC in writing of the existence and nature of any defect or nonconformance and the Orbital ATK Group shall have a reasonable opportunity, not to exceed 15 days from receipt of notification, to inspect such Ammunition Product. All warranty claims shall identify the defective or nonconforming Ammunition Product, provide the Purchase Order number and describe the nature of the defect or nonconformance. At LLC’s election, the Vista Outdoor Group shall return defective Ammunition Products to the Orbital ATK Group at LLC’s expense within 30 days (or in the case of Ammunition Products located outside the United States, 90 days) of notifying LLC of the warranty claim; if LLC does not request the return of a rejected Ammunition Product, the Vista Outdoor Group may dispose of such Ammunition Product in any manner in its discretion at the Vista Outdoor Group’s expense. If the Parties disagree as to whether a rejected Ammunition Product has a defect or conforms to the applicable Specifications or as to whether FCC timely delivered its warranty claim, the Parties shall refer the matter to their respective Principal Representatives in accordance with the procedures set forth in Section 12 of this Agreement. If the Principal Representatives or a competent court, as applicable, determines that Purchaser a rejected Ammunition Product has selected no defects and ordered goods conforms to the applicable Specifications, or that FCC has failed to properly deliver the applicable warranty claim within the applicable Warranty Period and within 30 days of becoming aware of such defect or nonconformance, then the Vista Outdoor Group shall reimburse the Orbital ATK Group all costs of handling, transportation and repairs/modifications to such rejected Ammunition Product based on its own skill and judgment and agrees that it is responsible for ensuring that the goods selected are fit for PurchaserLLC’s purpose. Hallite warrants only that such goods have been produced in accord with Hallite’s standard practices as it pertains to materials and workmanship, and no samples or prior description of goods shall constitute an express warranty. If goods are non-conforming, Hallite, at its sole option and subject to the terms of this Section 8 and Section 11, will either (i) allow Purchaser to return the goods and receive repayment of the price or (ii) regular repair or replace the goods. No goods shall be returned to Hallite without the prior written consent of Hallite and the assignment of a return goods authorization number by Hallite. Purchaser is liable for all costs associated with and incurred by Hallite due to Purchaser’s selection of non-compliant or defective designs and materials. Such associated costs are calculated based on any additional costs incurred by Hallite in managing the non-compliant or defective products, including, but not limited to, all reworks, investigations, and other consequential costs. Hallite will not be responsible for any selection made by Purchaser and will not have any liability to Purchaser for any loss, damages, costs, or expenses suffered by Purchaser as a result thereof. THE WARRANTY IN THIS SECTION 8 IS IN LIEU OF ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY BY VIRTUE OF COURSE OF DEALINGS OR USAGE OF TRADE BETWEEN THE PARTIES. Hallite shall have no obligation under the warranty in this Section 8 if damage to the goods occurs because of Purchaser’s failure to comply with Hallite’s written storage procedures for the goods or improper handling or operation, modification of the goods, abuse, misuse, unauthorized repairs made or attempted and/or where equipment is operated above rated capacity. No agent, employee, or representative of Hallite has authority to bind Hallite to any affirmation, representation, or warranty concerning the goods sold. Upon receipt, Purchaser shall inspect any goods provided hereunder. All notice of claims, including claims for alleged defective goods, must be made withincharges.

Appears in 2 contracts

Samples: Ammunition Products Supply Agreement (Vista Outdoor Inc.), Form of Ammunition Products Supply Agreement (Vista Outdoor Inc.)

Warranty Claims. Purchaser hereby acknowledges (a) If MERCK claims that any shipment of PRODUCT did not, at the time of DELIVERY, meet the warranty specified in Section 5.1(i), MERCK shall promptly notify NASTECH. If MERCK and agrees that Purchaser has NASTECH are unable to agree as to whether such PRODUCT met such warranties, the parties shall cooperate to have the PRODUCT in dispute analyzed by an independent testing laboratory of recognized repute selected by MERCK and ordered goods based approved by NASTECH, which approval shall not be unreasonably withheld. The results of such laboratory testing shall be final and binding on its own skill and judgment and agrees that it is responsible for ensuring that the goods selected are fit for Purchaser’s purpose. Hallite warrants only that parties on the issue of compliance of the PRODUCT with such goods have been produced in accord with Hallite’s standard practices as it pertains to materials and workmanship, and no samples or prior description of goods shall constitute an express warranty. If goods are non-conformingthe PRODUCT is determined to meet such warranty, Hallitethen MERCK shall bear the cost of the independent laboratory testing and pay for the PRODUCT in accordance with this AGREEMENT. If the PRODUCT is determined not to have met such warranty, then NASTECH shall bear the cost of laboratory testing, and NASTECH shall, at its sole option and subject to MERCK's election, either replace the terms of this Section 8 and Section 11, will either (i) allow Purchaser to return the goods and receive repayment rejected PRODUCT within [***] days of the date of such determination, at no cost to MERCK, or refund to MERCK the price paid for such PRODUCT, plus any applicable delivery charge. (b) If MERCK claims that any shipment of PRODUCT did not meet the warranties specified in Section 5.1(ii) or (ii) repair iii), MERCK shall notify NASTECH, and if MERCK and NASTECH are unable to agree as to whether or not such PRODUCT met such warranties, the dispute shall be settled in accordance with the arbitration provisions set forth in Section 11.1. If the PRODUCT is determined not to have met any such warranty, then NASTECH shall, at MERCK's election, either replace the goodsrejected PRODUCT within [***] days of 11 <PAGE> [*CONFIDENTIAL TREATMENT HAS BEEN REQUESTED AS TO CERTAIN PORTIONS OF THIS DOCUMENT. No goods shall be returned EACH SUCH PORTION, WHICH HAS BEEN OMITTED HEREIN AND REPLACED WITH AN ASTERISK [***], HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.] the date of such determination, at no cost to Hallite without the prior written consent of Hallite and the assignment of a return goods authorization number by Hallite. Purchaser is liable for all costs associated with and incurred by Hallite due to Purchaser’s selection of non-compliant or defective designs and materials. Such associated costs are calculated based on any additional costs incurred by Hallite in managing the non-compliant or defective products, including, but not limited to, all reworks, investigations, and other consequential costs. Hallite will not be responsible for any selection made by Purchaser and will not have any liability to Purchaser for any loss, damages, costsMERCK, or expenses suffered by Purchaser as a result thereofrefund to MERCK the price paid for such PRODUCT, plus any applicable delivery charge. THE WARRANTY IN THIS SECTION 8 IS IN LIEU OF ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY BY VIRTUE OF COURSE OF DEALINGS OR USAGE OF TRADE BETWEEN THE PARTIES. Hallite shall have no obligation under the warranty in this Section 8 if damage to the goods occurs because of Purchaser’s failure to comply with Hallite’s written storage procedures for the goods or improper handling or operation, modification of the goods, abuse, misuse, unauthorized repairs made or attempted and/or where equipment is operated above rated capacity. No agent, employee, or representative of Hallite has authority to bind Hallite to any affirmation, representation, or warranty concerning the goods sold. Upon receipt, Purchaser shall inspect any goods provided hereunder. All notice of claims, including claims for alleged defective goods, must be made within5.3

Appears in 1 contract

Samples: Supply Agreement

Warranty Claims. Purchaser hereby acknowledges and agrees that Purchaser has selected and ordered goods based on its own skill and judgment and agrees that it is responsible If, within the Warranty Period, the Product shall be proven at Unirac’s sole discretion to be nonconforming, then Unirac shall repair or provide a replacement for ensuring that the goods selected are fit for Purchaser’s purpose. Hallite warrants only that such goods have been produced in accord with Hallite’s standard practices as it pertains to materials and workmanshipnonconforming Product, and no samples or prior description of goods shall constitute an express warranty. If goods are non-conforming, Halliteany nonconforming part thereof, at its sole option and subject Unirac’s option. Any such repair or replacement does not cause the beginning of new warranty terms, nor shall the Warranty Period of this Limited Warranty be extended. Unirac’s aggregate liability for all warranty claims shall not exceed the original Purchase Price of the nonconforming Product. Buyer shall bear all costs of shipment or transportation related to the terms of this Section 8 and Section 11, will either (i) allow Purchaser to return the goods and receive repayment repair or replacement of the price or (ii) nonconforming product. Such repair or replace the goods. No goods replacement shall be returned Buyer’s sole remedy and shall fulfill all of Unirac’s obligations with respect to Hallite without the prior written consent of Hallite Product and the assignment of a return goods authorization number by Halliteall warranty claims. Purchaser is liable for all costs associated with and incurred by Hallite due to Purchaser’s selection of non-compliant or defective designs and materials. Such associated costs are calculated based on any additional costs incurred by Hallite in managing the non-compliant or defective productsEXCEPT FOR THE LIMITED WARRANTY EXPRESSED ABOVE, including, but not limited to, all reworks, investigations, and other consequential costs. Hallite will not be responsible for any selection made by Purchaser and will not have any liability to Purchaser for any loss, damages, costs, or expenses suffered by Purchaser as a result thereof. THE UNIRAC MAKES NO REPRESENTATION OR WARRANTY IN THIS SECTION 8 IS IN LIEU OF ANY KIND WHATSOEVER AND HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED WARRANTIESIMPLIED, INCLUDING ANY THE IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY BY VIRTUE OF COURSE OF DEALINGS OR DEALING AND USAGE OF TRADE BETWEEN TRADE. UNIRAC SHALL NOT BE LIABLE FOR LOSS OF USE, REVENUE OR PROFIT, OR FOR DIRECT, INDIRECT, SPECIAL, PUNITIVE, LIQUIDATED, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER LOSS OR COST OF A SIMILAR TYPE, OR FOR CLAIMS BY BUYER FOR DAMAGES OF BUYER’S CUSTOMERS, CLAIMS OF THIRD PARTIES OR INJURY TO PERSONS OR PROPERTY ARISING OUT OF ANY DEFECT OR NONCONFORMITY IN THE PARTIESPRODUCT COVERED BY THIS WARRANTY, EVEN IF CAUSED BY THE NEGLIGENCE OF UNIRAC. Hallite shall have no obligation under the warranty in this Section 8 if damage ALL SUCH DAMAGES AND EXPENSES ARE HEREBY EXCLUDED. EFFECTIVE DATE: FEBRUARY 28, 2017 SUNFRAME MANUFACTURER’S LIMITED PRODUCT WARRANTY Unirac, Inc., (“Unirac”) warrants to the goods occurs because of Purchaser’s failure to comply with Hallite’s written storage procedures for buyer (“Buyer”) at the goods or improper handling or operation, modification original installation site (“Site”) that any of the goodsSUNFRAME components designed and manufactured by Unirac and installed at the Site (“Product”) shall be free from defects in material and workmanship which substantially impair their ability to perform their intended function, abuseas referenced in the Unirac Product Information, misuse, unauthorized repairs made for a period of ten (10) years – except that any factory-applied anodized finish is warranted to be free from substantial manufacturing-related visible peeling or attempted and/or where equipment is operated above rated capacity. No agent, employee, cracking or representative chalking under normal atmospheric conditions for a period of Hallite has authority to bind Hallite to any affirmation, representation, or warranty concerning five (5) years (“Finish Warranty”) – from the goods sold. Upon receipt, Purchaser shall inspect any goods provided hereunder. All notice of claims, including claims for alleged defective goods, must be made withinearlier of

Appears in 1 contract

Samples: sunwatts.com

Warranty Claims. Purchaser hereby acknowledges and agrees that Purchaser it has selected and ordered goods Xxxxx based on its own skill and judgment and agrees that it is responsible for ensuring that the goods Goods selected are fit for Purchaser’s purpose. Hallite MANDALS warrants only that such goods for a period of five (5) years from the date of shipment that:(i) the Goods have been produced in accord with HalliteMANDALS’s standard practices as it pertains with regard to materials and workmanship; (ii) the Goods will be free of manufacturing defects; and (iii) to the extent the Goods consist of hoses or tubing, and the Goods will comply with the mutually agreed upon specifications set for on the applicable purchase order (collectively, the “Warranty”); provided, however, that MANDALS shall have no Warranty obligation hereunder: (x) to the extent of any subsequent changes in the law applicable to drinking water systems impacting the Goods, (y) the defect in the Goods was caused by Purchaser’s improper storage or handling of the Goods, or (z) if the Goods are used in a location by Purchaser where such Goods are not authorized for use. No samples or prior description of goods Goods shall constitute an express warranty. If goods Goods are non-conformingnon- conforming with the Warranty provided in this paragraph, HallitePurchaser shall provide prompt written notice to MANDALS and provide MANDALS with an opportunity to inspect such Goods. MANDALS, at its sole option and subject to the terms of this Section 8 paragraph 6 and Section 11paragraph 8, will either (i) allow Purchaser to return the goods Goods and receive repayment of the price or (ii) repair or replace the goodsGoods. No goods shall Goods are to be returned to Hallite MANDALS without the prior written consent of Hallite MANDALS and the assignment of a return goods authorization number by HalliteMANDALS. MANDALS shall not be liable to Purchaser or any other party for the costs of labor or other expenses incurred by the removal of any Goods in connection with a warranty claim under this paragraph. In the event that Purchaser authorizes a third party to install or make any changes or repairs to the Goods, the Warranty offered hereunder shall be void and MANDALS shall have no liability for acts or omissions that occur subsequent to such third party action. Purchaser is liable to pay for all associated costs associated with and incurred by Hallite MANDALS due to Purchaser’s selection of non-compliant or defective designs and materials. Such These associated costs are will be calculated based on any additional costs incurred by Hallite MANDALS in managing the non-compliant noncompliant or defective products, including, but not limited to, all reworks, investigations, and other consequential costs. Hallite will MANDALS shall not be responsible for any selection made by Purchaser and will not have any liability to Purchaser for any loss, damages, costs, costs or expenses suffered by Purchaser as a result thereof. THE WARRANTY IN THIS SECTION 8 IS IN LIEU OF ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY BY VIRTUE OF COURSE OF DEALINGS OR USAGE OF TRADE BETWEEN THE PARTIES. Hallite shall have no obligation under the warranty in this Section 8 if damage to the goods occurs because of Purchaser’s failure to comply with Hallite’s written storage procedures for the goods or improper handling or operation, modification of the goods, abuse, misuse, unauthorized repairs made or attempted and/or where equipment is operated above rated capacity. No agent, employee, or representative of Hallite has authority to bind Hallite to any affirmation, representation, or warranty concerning the goods sold. Upon receipt, Purchaser shall inspect any goods provided hereunder. All notice of claims, including claims for alleged defective goods, must be made within.

Appears in 1 contract

Samples: Agreement

Warranty Claims. Purchaser hereby acknowledges and agrees that Purchaser has selected and ordered goods based on its own skill and judgment and agrees that it is responsible If, within the Warranty Period, the Product shall be proven at Unirac’s sole discretion to be nonconforming, then Unirac shall repair or provide a replacement for ensuring that the goods selected are fit for Purchaser’s purpose. Hallite warrants only that such goods have been produced in accord with Hallite’s standard practices as it pertains to materials and workmanshipnonconforming Product, and no samples or prior description of goods shall constitute an express warranty. If goods are non-conforming, Halliteany nonconforming part thereof, at its sole option and subject Unirac’s option. Any such repair or replacement does not cause the beginning of new warranty terms, nor shall the Warranty Period of this Limited Warranty be extended. Unirac’s aggregate liability for all warranty claims shall not exceed the original Purchase Price of the nonconforming Product. Buyer shall bear all costs of shipment or transportation related to the terms of this Section 8 and Section 11, will either (i) allow Purchaser to return the goods and receive repayment repair or replacement of the price or (ii) nonconforming product. Such repair or replace the goods. No goods replacement shall be returned Buyer’s sole remedy and shall fulfill all of Unirac’s obligations with respect to Hallite without the prior written consent of Hallite Product and the assignment of a return goods authorization number by Halliteall warranty claims. Purchaser is liable for all costs associated with and incurred by Hallite due to Purchaser’s selection of non-compliant or defective designs and materials. Such associated costs are calculated based on any additional costs incurred by Hallite in managing the non-compliant or defective productsEXCEPT FOR THE LIMITED WARRANTY EXPRESSED ABOVE, including, but not limited to, all reworks, investigations, and other consequential costs. Hallite will not be responsible for any selection made by Purchaser and will not have any liability to Purchaser for any loss, damages, costs, or expenses suffered by Purchaser as a result thereof. THE UNIRAC MAKES NO REPRESENTATION OR WARRANTY IN THIS SECTION 8 IS IN LIEU OF ANY KIND WHATSOEVER AND HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED WARRANTIESIMPLIED, INCLUDING ANY THE IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY BY VIRTUE OF COURSE OF DEALINGS OR DEALING AND USAGE OF TRADE BETWEEN TRADE. UNIRAC SHALL NOT BE LIABLE FOR LOSS OF USE, REVENUE OR PROFIT, OR FOR DIRECT, INDIRECT, SPECIAL, PUNITIVE, LIQUIDATED, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER LOSS OR COST OF A SIMILAR TYPE, OR FOR CLAIMS BY BUYER FOR DAMAGES OF BUYER’S CUSTOMERS, CLAIMS OF THIRD PARTIES OR INJURY TO PERSONS OR PROPERTY ARISING OUT OF ANY DEFECT OR NONCONFORMITY IN THE PARTIESPRODUCT COVERED BY THIS WARRANTY, EVEN IF CAUSED BY THE NEGLIGENCE OF UNIRAC. Hallite shall have no obligation under the warranty in this Section 8 if damage ALL SUCH DAMAGES AND EXPENSES ARE HEREBY EXCLUDED. ❶ Excluding Plastic Wire Management Clips EFFECTIVE DATE: FEBRUARY 28, 2017 ROOFMOUNT MANUFACTURER’S LIMITED PRODUCT WARRANTY Unirac, Inc., (“Unirac”) warrants to the goods occurs because of Purchaser’s failure to comply with Hallite’s written storage procedures for buyer (“Buyer”) at the goods or improper handling or operation, modification original installation site (“Site”) that any of the goodsROOFMOUNT components designed and manufactured by Unirac and installed at the Site (“Product”) shall be free from defects in material and workmanship which substantially impair their ability to perform their intended function, abuseas referenced in the Unirac Product Information, misuse, unauthorized repairs made or attempted and/or where equipment for a period of twenty five (25) years – from the earlier of 1) the date the installation of the Product at the Site is operated above rated capacity. No agent, employeesubstantially complete, or representative 2) 120 days after the purchase of Hallite has authority to bind Hallite to any affirmation, representation, or warranty concerning the goods sold. Upon receipt, Purchaser shall inspect any goods provided hereunder. All notice Product by the original Buyer of claims, including claims for alleged defective goods, must be made withinthe Product (“Warranty Period”).

Appears in 1 contract

Samples: sunwatts.com

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Warranty Claims. Purchaser hereby acknowledges and agrees that Purchaser has selected and ordered goods based on its own skill and judgment and agrees that it is responsible If, within the Warranty Period, the Product shall be proven at Unirac’s sole discretion to be nonconforming, then Unirac shall repair or provide a replacement for ensuring that the goods selected are fit for Purchaser’s purpose. Hallite warrants only that such goods have been produced in accord with Hallite’s standard practices as it pertains to materials and workmanshipnonconforming Product, and no samples or prior description of goods shall constitute an express warranty. If goods are non-conforming, Halliteany nonconforming part thereof, at its sole option and subject Unirac’s option. Any such repair or replacement does not cause the beginning of new warranty terms, nor shall the Warranty Period of this Limited Warranty be extended. Unirac’s aggregate liability for all warranty claims shall not exceed the original Purchase Price of the nonconforming Product. Buyer shall bear all costs of shipment or transportation related to the terms of this Section 8 and Section 11, will either (i) allow Purchaser to return the goods and receive repayment repair or replacement of the price or (ii) nonconforming product. Such repair or replace the goods. No goods replacement shall be returned Buyer’s sole remedy and shall fulfill all of Unirac’s obligations with respect to Hallite without the prior written consent of Hallite Product and the assignment of a return goods authorization number by Halliteall warranty claims. Purchaser is liable for all costs associated with and incurred by Hallite due to Purchaser’s selection of non-compliant or defective designs and materials. Such associated costs are calculated based on any additional costs incurred by Hallite in managing the non-compliant or defective productsEXCEPT FOR THE LIMITED WARRANTY EXPRESSED ABOVE, including, but not limited to, all reworks, investigations, and other consequential costs. Hallite will not be responsible for any selection made by Purchaser and will not have any liability to Purchaser for any loss, damages, costs, or expenses suffered by Purchaser as a result thereof. THE UNIRAC MAKES NO REPRESENTATION OR WARRANTY IN THIS SECTION 8 IS IN LIEU OF ANY KIND WHATSOEVER AND HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED WARRANTIESIMPLIED, INCLUDING ANY THE IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY BY VIRTUE OF COURSE OF DEALINGS OR DEALING AND USAGE OF TRADE BETWEEN TRADE. UNIRAC SHALL NOT BE LIABLE FOR LOSS OF USE, REVENUE OR PROFIT, OR FOR DIRECT, INDIRECT, SPECIAL, PUNITIVE, LIQUIDATED, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER LOSS OR COST OF A SIMILAR TYPE, OR FOR CLAIMS BY BUYER FOR DAMAGES OF BUYER’S CUSTOMERS, CLAIMS OF THIRD PARTIES OR INJURY TO PERSONS OR PROPERTY ARISING OUT OF ANY DEFECT OR NONCONFORMITY IN THE PARTIESPRODUCT COVERED BY THIS WARRANTY, EVEN IF CAUSED BY THE NEGLIGENCE OF UNIRAC. Hallite shall have no obligation under the warranty in this Section 8 if damage to the goods occurs because of Purchaser’s failure to comply with Hallite’s written storage procedures for the goods or improper handling or operationALL SUCH DAMAGES AND EXPENSES ARE HEREBY EXCLUDED. ❶ Excluding Wire Management Clips & Plastic End Caps EFFECTIVE DATE: APRIL 25, modification of the goods, abuse, misuse, unauthorized repairs made or attempted and/or where equipment is operated above rated capacity. No agent, employee, or representative of Hallite has authority to bind Hallite to any affirmation, representation, or warranty concerning the goods sold. Upon receipt, Purchaser shall inspect any goods provided hereunder. All notice of claims, including claims for alleged defective goods, must be made within2020

Appears in 1 contract

Samples: www.solarstack.com

Warranty Claims. Purchaser hereby acknowledges and agrees that Purchaser has selected and ordered goods based on its own skill and judgment and agrees that it is responsible If, within the Warranty Period, the Product shall be proven at Unirac’s sole discretion to be nonconforming, then Unirac shall repair or provide a replacement for ensuring that the goods selected are fit for Purchaser’s purpose. Hallite warrants only that such goods have been produced in accord with Hallite’s standard practices as it pertains to materials and workmanshipnonconforming Product, and no samples or prior description of goods shall constitute an express warranty. If goods are non-conforming, Halliteany nonconforming part thereof, at its sole option and subject Unirac’s option. Any such repair or replacement does not cause the beginning of new warranty terms, nor shall the Warranty Period of this Limited Warranty be extended. Unirac’s aggregate liability for all warranty claims shall not exceed the original Purchase Price of the nonconforming Product. Buyer shall bear all costs of shipment or transportation related to the terms of this Section 8 and Section 11, will either (i) allow Purchaser to return the goods and receive repayment repair or replacement of the price or (ii) nonconforming product. Such repair or replace the goods. No goods replacement shall be returned Buyer’s sole remedy and shall fulfill all of Unirac’s obligations with respect to Hallite without the prior written consent of Hallite Product and the assignment of a return goods authorization number by Halliteall warranty claims. Purchaser is liable for all costs associated with and incurred by Hallite due to Purchaser’s selection of non-compliant or defective designs and materials. Such associated costs are calculated based on any additional costs incurred by Hallite in managing the non-compliant or defective productsEXCEPT FOR THE LIMITED WARRANTY EXPRESSED ABOVE, including, but not limited to, all reworks, investigations, and other consequential costs. Hallite will not be responsible for any selection made by Purchaser and will not have any liability to Purchaser for any loss, damages, costs, or expenses suffered by Purchaser as a result thereof. THE UNIRAC MAKES NO REPRESENTATION OR WARRANTY IN THIS SECTION 8 IS IN LIEU OF ANY KIND WHATSOEVER AND HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED WARRANTIESIMPLIED, INCLUDING ANY THE IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY BY VIRTUE OF COURSE OF DEALINGS OR DEALING AND USAGE OF TRADE BETWEEN TRADE. UNIRAC SHALL NOT BE LIABLE FOR LOSS OF USE, REVENUE OR PROFIT, OR FOR DIRECT, INDIRECT, SPECIAL, PUNITIVE, LIQUIDATED, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER LOSS OR COST OF A SIMILAR TYPE, OR FOR CLAIMS BY BUYER FOR DAMAGES OF BUYER’S CUSTOMERS, CLAIMS OF THIRD PARTIES OR INJURY TO PERSONS OR PROPERTY ARISING OUT OF ANY DEFECT OR NONCONFORMITY IN THE PARTIESPRODUCT COVERED BY THIS WARRANTY, EVEN IF CAUSED BY THE NEGLIGENCE OF UNIRAC. Hallite shall have no obligation under the warranty in this Section 8 if damage to the goods occurs because of Purchaser’s failure to comply with Hallite’s written storage procedures for the goods or improper handling or operationALL SUCH DAMAGES AND EXPENSES ARE HEREBY EXCLUDED. ❶ Excluding Plastic Wire Management Clips EFFECTIVE DATE: FEBRUARY 28, modification of the goods, abuse, misuse, unauthorized repairs made or attempted and/or where equipment is operated above rated capacity. No agent, employee, or representative of Hallite has authority to bind Hallite to any affirmation, representation, or warranty concerning the goods sold. Upon receipt, Purchaser shall inspect any goods provided hereunder. All notice of claims, including claims for alleged defective goods, must be made within2017

Appears in 1 contract

Samples: sunbrightsolaraz.com

Warranty Claims. Purchaser hereby acknowledges Upon discovery of any defects in the warranties provided above during the warranty periods, Buyer immediately must notify Builder in writing of the defect and Buyer shall also take immediate action to reasonably mitigate further damage to the Dwelling or the Covered Item. Failure to so reasonably mitigate shall equitably limit Buyer’s recovery under this Warranty. Owner agrees to accommodate reasonable access by Builder and its subcontractors to investigate, repair and/or fix any alleged problems or other items claimed to be subject to this warranty. The claim should be forwarded to Seller by U.S. Mail or email. All claims under this Warranty must be made by Xxxxx in writing addressed to Builder at the following address: COASTAL HOMES NW PO Box 2772 Xxxxxxxx, OR 97138 or by email: xxxxxxxxx@xxxxx.xxx. Emails must include a description of the problem area along with pictures that Purchaser has selected illustrate the problem if possible. Buyer initials All claims must be made within thirty (30) calendar days after discovery of defect by Xxxxx, and ordered goods based on must be received by Builder within 33 days following the conclusion of the relevant warranty term. Any failure to notify Builder in writing within 30 calendar days after discovery of the defect or to allow Builder’s agents to inspect and, if applicable, correct the defect voids this Warranty with respect to that defect and Buyer waives any right to claim any rights with respect to such claim(s). Upon receipt of a claim, Builder will investigate same and, if covered by this Warranty, Builder may repair or replace, at Builder's sole option, the defective item at no cost to Buyer. Buyer shall allow Builder and/or its own skill subcontractors or representative(s) reasonable access to the Dwelling during normal business hours to inspect and judgment and agrees repair/replace the defective item. If Builder determines that it there is responsible for ensuring no defect or that the goods selected are fit for Purchaser’s purpose. Hallite warrants only that such goods have been produced in accord with Hallite’s standard practices as it pertains to materials defect is not covered by this Warranty, Builder shall notify Buyer describing the reasons why there is no defect or why the defect is not covered by this Warranty; and workmanship, and no samples or prior description of goods shall constitute an express warranty. If goods are non-conforming, Hallite, at its sole option and subject to the terms of this Section 8 and Section 11, will either (i) allow Purchaser to return the goods and receive repayment of the price or (ii) repair or replace the goods. No goods shall be returned to Hallite without the prior written consent of Hallite and the assignment of a return goods authorization number by Hallite. Purchaser is liable for all costs associated with and incurred by Hallite due to Purchaser’s selection of non-compliant or defective designs and materials. Such associated costs are calculated based on any additional costs incurred by Hallite in managing the non-compliant or defective products, including, but not limited to, all reworks, investigations, and other consequential costs. Hallite will not be responsible for any selection made by Purchaser and will not have any liability to Purchaser for any loss, damages, costs, or expenses suffered by Purchaser as a result thereof. THE WARRANTY IN THIS SECTION 8 IS IN LIEU OF ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY BY VIRTUE OF COURSE OF DEALINGS OR USAGE OF TRADE BETWEEN THE PARTIES. Hallite Builder shall have no obligation under to take any corrective measures. If Xxxxx disputes this determination, the warranty in this Section 8 if damage to the goods occurs because of Purchaser’s failure to comply with Hallite’s written storage procedures for the goods or improper handling or operation, modification of the goods, abuse, misuse, unauthorized repairs made or attempted and/or where equipment is operated above rated capacity. No agent, employee, or representative of Hallite has authority to bind Hallite to any affirmation, representation, or warranty concerning the goods sold. Upon receipt, Purchaser shall inspect any goods provided hereunder. All notice of claims, including claims for alleged defective goods, must dispute can be made withinresolved as described below.

Appears in 1 contract

Samples: static1.squarespace.com

Warranty Claims. Purchaser hereby acknowledges Seller warrants the construction of the Residence to Buyer against defects in workmanship and agrees that Purchaser has selected materials (normal wear and ordered goods based on tear excepted) for a period of one year from the day of its own skill substantial completion (as defined by T.C.A. 28-3-201, et seq.) (the “Warranty”), with respect to those defects in workmanship and judgment and agrees that it is responsible for ensuring that materials reported to Seller during said one-year period (the goods selected are fit for Purchaser’s purpose“Warranty Period”). Hallite warrants only that such goods have been produced To make a claim under this Warranty, Xxxxx must submit a written warranty claim to Seller within the Warranty Period, identifying the perceived defect in accord with Hallite’s standard practices as it pertains to materials and workmanshipworkmanship and/or materials, and no samples time is of the essence with respect to the making of claims. When Seller is timely notified of a defect in workmanship or prior description materials, Seller (at its option) will repair, replace or pay the reasonable cost of goods shall constitute an express warrantyrepair or replacement for defects in workmanship or materials. If goods are non-conforming, Hallite, at its sole option and subject Seller elects to pay the terms of this Section 8 and Section 11, will either (i) allow Purchaser reasonable cost to return the goods and receive repayment of the price or (ii) repair or replace any warranted item, the goods. No goods shall be returned to Hallite without the prior written consent of Hallite and the assignment of a return goods authorization number by Hallite. Purchaser is liable for all costs associated with and incurred by Hallite due to Purchaser’s selection of non-compliant or defective designs and materials. Such associated costs are calculated based warranty on any additional costs incurred such item is at that point terminated. Actions taken by Hallite Seller to remedy warranty issues will not extend the Warranty Period. All defects will be remedied one time only, within 45 days after the expiration of the Warranty Period, unless Seller (in managing its discretion) elects to remedy the non-compliant defect at an earlier date. In the event that a manufacturer has discontinued a material, product, or defective productsfinish originally installed in the Property, includingor in the event the material, but product, or finish is otherwise unavailable, Seller shall not limited tobe obligated to provide an exact match. In such event, all reworksSeller shall have the right to substitute materials of similar pattern, investigationsdesign, and other consequential costsquality, at Seller’s discretion. Hallite will not be responsible for any selection made by Purchaser and will not have any liability to Purchaser for any loss, damages, costs, or expenses suffered by Purchaser as a result thereof. THE THIS WARRANTY IN THIS SECTION 8 IS IN LIEU OF ANY ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND ALL WARRANTIES IMPLIED WARRANTIESBY TENNESSEE LAW ARE WAIVED. ALL ACTIONS FOR BREACH OF THIS WARRANTY MUST BE BROUGHT WITHIN 180 DAYS AFTER THE EXPIRATION OF THE WARRANTY PERIOD. ALL OTHER ACTIONS ENCOMPASSED BY T.C.A. 28-3-202, INCLUDING ANY IMPLIED WARRANTY MUST BE BROUGHT WITHIN ONE YEAR AFTER SUBSTANTIAL COMPLETION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY BY VIRTUE THE CONSTRUCTION OF COURSE OF DEALINGS OR USAGE OF TRADE BETWEEN THE PARTIES. Hallite shall have no obligation under the warranty in this Section 8 if damage to the goods occurs because of Purchaser’s failure to comply with Hallite’s written storage procedures for the goods or improper handling or operation, modification of the goods, abuse, misuse, unauthorized repairs made or attempted and/or where equipment is operated above rated capacity. No agent, employee, or representative of Hallite has authority to bind Hallite to any affirmation, representation, or warranty concerning the goods sold. Upon receipt, Purchaser shall inspect any goods provided hereunder. All notice of claims, including claims for alleged defective goods, must be made withinRESIDENCE.

Appears in 1 contract

Samples: Contract for Construction and Sale of Real Estate

Warranty Claims. Purchaser hereby acknowledges and agrees that Purchaser has selected and ordered goods based on its own skill and judgment and agrees that it is responsible If, within the Warranty Period, the Product shall be proven at Unirac’s sole discretion to be nonconforming, then Unirac shall repair or provide a replacement for ensuring that the goods selected are fit for Purchaser’s purpose. Hallite warrants only that such goods have been produced in accord with Hallite’s standard practices as it pertains to materials and workmanshipnonconforming Product, and no samples or prior description of goods shall constitute an express warranty. If goods are non-conforming, Halliteany nonconforming part thereof, at its sole option and subject Unirac’s option. Any such repair or replacement does not cause the beginning of new warranty terms, nor shall the Warranty Period of this Limited Warranty be extended. Unirac’s aggregate liability for all warranty claims shall not exceed the original Purchase Price of the nonconforming Product. Buyer shall bear all costs of shipment or transportation related to the terms of this Section 8 and Section 11, will either (i) allow Purchaser to return the goods and receive repayment repair or replacement of the price or (ii) nonconforming product. Such repair or replace the goods. No goods replacement shall be returned Buyer’s sole remedy and shall fulfill all of Unirac’s obligations with respect to Hallite without the prior written consent of Hallite Product and the assignment of a return goods authorization number by Halliteall warranty claims. Purchaser is liable for all costs associated with and incurred by Hallite due to Purchaser’s selection of non-compliant or defective designs and materials. Such associated costs are calculated based on any additional costs incurred by Hallite in managing the non-compliant or defective productsEXCEPT FOR THE LIMITED WARRANTY EXPRESSED ABOVE, including, but not limited to, all reworks, investigations, and other consequential costs. Hallite will not be responsible for any selection made by Purchaser and will not have any liability to Purchaser for any loss, damages, costs, or expenses suffered by Purchaser as a result thereof. THE UNIRAC MAKES NO REPRESENTATION OR WARRANTY IN THIS SECTION 8 IS IN LIEU OF ANY KIND WHATSOEVER AND HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED WARRANTIESIMPLIED, INCLUDING ANY THE IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY BY VIRTUE OF COURSE OF DEALINGS OR DEALING AND USAGE OF TRADE BETWEEN TRADE. UNIRAC SHALL NOT BE LIABLE FOR LOSS OF USE, REVENUE OR PROFIT, OR FOR DIRECT, INDIRECT, SPECIAL, PUNITIVE, LIQUIDATED, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER LOSS OR COST OF A SIMILAR TYPE, OR FOR CLAIMS BY BUYER FOR DAMAGES OF BUYER’S CUSTOMERS, CLAIMS OF THIRD PARTIES OR INJURY TO PERSONS OR PROPERTY ARISING OUT OF ANY DEFECT OR NONCONFORMITY IN THE PARTIESPRODUCT COVERED BY THIS WARRANTY, EVEN IF CAUSED BY THE NEGLIGENCE OF UNIRAC. Hallite shall have no obligation under ALL SUCH DAMAGES AND EXPENSES ARE HEREBY EXCLUDED. EFFECTIVE DATE: FEBRUARY 28, 2017 GROUND FIXED TILT MANUFACTURER’S LIMITED PRODUCT WARRANTY This Limited Warranty contains the warranty in this Section 8 if damage limited warranties Unirac makes to Buyer with regard to the goods occurs because of Purchaser’s failure Products. The Limited Warranties are limited in type, scope and duration and are subject to comply with Hallite’s written storage procedures for the goods or improper handling or operation, modification of the goods, abuse, misuse, unauthorized repairs made or attempted and/or where equipment is operated above rated capacity. No agent, employee, or representative of Hallite has authority to bind Hallite to any affirmation, representation, or warranty concerning the goods sold. Upon receipt, Purchaser shall inspect any goods provided hereunder. All notice of claims, including claims for alleged defective goods, must be made withinterms and conditions contained herein.

Appears in 1 contract

Samples: sunwatts.com

Warranty Claims. Purchaser hereby acknowledges and agrees that Purchaser has selected and ordered goods based on its own skill and judgment and agrees that it is responsible If, within the Warranty Period, the Product shall be proven at Unirac’s sole discretion to be nonconforming, then Unirac shall repair or provide a replacement for ensuring that the goods selected are fit for Purchaser’s purpose. Hallite warrants only that such goods have been produced in accord with Hallite’s standard practices as it pertains to materials and workmanshipnonconforming Product, and no samples or prior description of goods shall constitute an express warranty. If goods are non-conforming, Halliteany nonconforming part thereof, at its sole option and subject Unirac’s option. Any such repair or replacement does not cause the beginning of new warranty terms, nor shall the Warranty Period of this Limited Warranty be extended. Unirac’s aggregate liability for all warranty claims shall not exceed the original Purchase Price of the nonconforming Product. Buyer shall bear all costs of shipment or transportation related to the terms of this Section 8 and Section 11, will either (i) allow Purchaser to return the goods and receive repayment repair or replacement of the price or (ii) nonconforming product. Such repair or replace the goods. No goods replacement shall be returned Buyer’s sole remedy and shall fulfill all of Unirac’s obligations with respect to Hallite without the prior written consent of Hallite Product and the assignment of a return goods authorization number by Halliteall warranty claims. Purchaser is liable for all costs associated with and incurred by Hallite due to Purchaser’s selection of non-compliant or defective designs and materials. Such associated costs are calculated based on any additional costs incurred by Hallite in managing the non-compliant or defective productsEXCEPT FOR THE LIMITED WARRANTY EXPRESSED ABOVE, including, but not limited to, all reworks, investigations, and other consequential costs. Hallite will not be responsible for any selection made by Purchaser and will not have any liability to Purchaser for any loss, damages, costs, or expenses suffered by Purchaser as a result thereof. THE UNIRAC MAKES NO REPRESENTATION OR WARRANTY IN THIS SECTION 8 IS IN LIEU OF ANY KIND WHATSOEVER AND HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED WARRANTIESIMPLIED, INCLUDING ANY THE IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY IMPLIED WARRANTY BY VIRTUE OF COURSE OF DEALINGS OR DEALING AND USAGE OF TRADE BETWEEN TRADE. UNIRAC SHALL NOT BE LIABLE FOR LOSS OF USE, REVENUE OR PROFIT, OR FOR DIRECT, INDIRECT, SPECIAL, PUNITIVE, LIQUIDATED, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER LOSS OR COST OF A SIMILAR TYPE, OR FOR CLAIMS BY BUYER FOR DAMAGES OF BUYER’S CUSTOMERS, CLAIMS OF THIRD PARTIES OR INJURY TO PERSONS OR PROPERTY ARISING OUT OF ANY DEFECT OR NONCONFORMITY IN THE PARTIESPRODUCT COVERED BY THIS WARRANTY, EVEN IF CAUSED BY THE NEGLIGENCE OF UNIRAC. Hallite shall have no obligation under the warranty in this Section 8 if damage ALL SUCH DAMAGES AND EXPENSES ARE HEREBY EXCLUDED. EFFECTIVE DATE: FEBRUARY 28, 2014 SUNFRAME MICRORAIL MANUFACTURER’S LIMITED PRODUCT WARRANTY Unirac, Inc., (“Unirac”) warrants to the goods occurs because of Purchaser’s failure to comply with Hallite’s written storage procedures for buyer (“Buyer”) at the goods or improper handling or operation, modification original installation site (“Site”) that any of the goodsSUNFRAME MICRORAIL (SFM) components designed and manufactured by Unirac and installed at the Site (“Product”) shall be free from defects in material and workmanship which substantially impair their ability to perform their intended function, abuseas referenced in the Unirac Product Information, misuse, unauthorized repairs made for a period of twenty five (25) years – except that any factory-applied finish is warranted to be free from substantial manufacturing-related visible peeling or attempted and/or where equipment cracking or chalking under normal atmospheric conditions for a period of five (5) years (“Finish Warranty”) – from the earlier of 1) the date the installation of the Product at the Site is operated above rated capacity. No agent, employeesubstantially complete, or representative 2) 120 days after the purchase of Hallite has authority to bind Hallite to any affirmation, representation, or warranty concerning the goods sold. Upon receipt, Purchaser shall inspect any goods provided hereunder. All notice Product by the original Buyer of claims, including claims for alleged defective goods, must be made withinthe Product (“Warranty Period”).

Appears in 1 contract

Samples: sunwatts.com

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