Warranty and Limitation of Liability. PBI PROVIDES YOU WITH THE LIMITED WARRANTIES IN SECTION 1. PBGFS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FREEDOM FROM INTERFERENCE OR INFRINGEMENT, AND PBGFS ISN’T LIABLE FOR ANY LOSS, DAMAGE (INCLUDING INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) OR EXPENSE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT.
Warranty and Limitation of Liability. 14. Pezzottaite Journals and it's licensors disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, non-infringement, or fitness for a particular purpose. Neither Pezzottaite Journals nor it's licensors assume or authorizes any other person to assume for Pezzottaite Journals or it's licensors any other liability in connection with the licensing of the Database (s) or the Services under this Agreement and / or its use thereof by the Licensee and Sites or Authorized Users. UNDER NO CIRCUMSTANCES SHALL THE PUBLISHER BE LIABLE TO THE LICENSEE, OR ANY AUTHORISED USER OR ANY OTHER PERSON, FOR ANY SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE INABILITY TO USE, OR THE USE OF, THE LICENSED MATERIALS. THE PUBLISHER'S AGGREGATE LIABILITY FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF ANY BREACH OF THIS LICENCE SHALL IN NO CIRCUMSTANCES EXCEED THE FEE PAID BY LICENSEE UNDER THIS LICENCE IN RESPECT OF THE SUBSCRIPTION PERIOD DURING WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF OTHER REMEDIES. THE LICENSEE MAY BRING NO ACTION ARISING FROM THIS LICENCE MORE THAN 3 MONTHS AFTER THE CAUSE OF ACTION ARISES.
Warranty and Limitation of Liability. THE STJE Spectra Database are provided “as is” without warranty of any kind, expressed or implied, including, but not limited to warranties of quality, performance, non-infringement, merchantability, or fitness for a particular purpose. Further STJE does not warrant that the Spectra Database or any related service will always be available. STJE is not responsible for any compatibility conflicts that may occur with 3rd party spectra database or software packages. Subject to the exceptions listed in the above section and the limitations and disclaimers set forth below, STJE's sole warranty and representation to the Customer is the Services shall be performed in a good and workmanlike manner. Neither STJE nor STJE’s resellers shall be responsible for providing Services to the extent that the issue is caused by (a) Customer’s misuse, improper use, mis-configuration, alteration, or damage to the STJE Spectra Database; (b) Customer’s use of the STJE Spectra Database with any hardware or software not supplied or supported by STJE; (c) Customer’s failure to install an update to the STJE Spectra Database if such update would have resolved the issue; or (d) uses in a manner not in accordance with the Agreement. STJE shall have no responsibility for loss of or damage to Customer’s data, regardless of the cause of any such loss or damage. STJE MAKES NO AND DISCLAIMS ALL OTHER REPRESENTATIONS, GUARANTIES, CONDITIONS OR WARRANTIES OF ANY KIND WHATSOEVER, WHETHER EXPRESS OR IMPLIED OR ARISING UNDER ANY STATUTE, ORDINANCE, COMMERCIAL USAGE OR OTHERWISE, WITH RESPECT TO THE SERVICES PROVIDED HEREIN AND THE PRODUCTS AND MATERIALS PROVIDED IN CONNECTION WITH SUCH SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR REPRESENTATION AS TO THE MERCHANTABILITY OF THE SERVICE, PRODUCTS AND MATERIALS, OR THEIR FITNESS FOR A PARTICULAR PURPOSE, OR RELATING TO THE INFRINGEMENT OF ANY PATENT, COPYRIGHT, OR OTHER PROPRIETARY RIGHT, OR ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF THE SERVICES HEREIN. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL STJE BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL LOSSES OR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, OR LIABILITIES TO OTHER PARTIES, HOWEVER CAUSED, WHETHER IN CONTRACT OR TORT, OR BY THE NEGLIGENCE OF THE SERVICE PROVIDER OR OTHERWISE. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT STJE’S LIABILITY AND THE CUSTOMER’S EXCLUSIVE REMEDY IS LIMITED TO THE PER...
Warranty and Limitation of Liability. The Products shall be sold to Distributor subject to the following warranties of SAC. SAC WARRANTS ALL PRODUCTS, PARTS AND ACCESSORIES MANUFACTURED BY IT (EXCEPT FOR FUSES) TO BE FREE FROM DEFECT IN WORKMANSHIP AND MATERIALS FOR A PERIOD OF THE EARLIER OF: ONE (1) YEAR FROM THE DATE OF SHIPMENT BY DISTRIBUTOR TO THE END USER OF THE PRODUCT; OR EIGHTEEN (18) MONTHS FROM THE DATE OF SHIPMENT TO DISTRIBUTOR. THIS EXPRESS WARRANTY SHALL NOT BE EFFECTIVE OR ACTIONABLE UNLESS THERE IS COMPLIANCE WITH ALL MATERIAL OPERATING PROCEDURES AND MAINTENANCE INSTRUCTIONS AS SET FORTH AND DESCRIBED IN OPERATING MANUALS FURNISHED BY SAC, AND THIS EXPRESS WARRANTY SHALL NOT BE EFFECTIVE OR ACTIONABLE IF THE PRODUCTS HAVE BEEN MODIFIED OR ALTERED WITHOUT THE WRITTEN CONSENT OF SAC, OR IF THE PRODUCTS ARE USED IN CONNECTION WITH SOFTWARE NOT SUPPLIED BY SAC. IF ANY PRODUCTS, PARTS OR ACCESSORIES COVERED BY THIS EXPRESS WARRANTY SHALL BE PROVEN TO BE DEFECTIVE UPON INSPECTION BY AN AUTHORIZED AGENT OR REPRESENTATIVE OF SAC WITHIN THE WARRANTY PERIOD STATED ABOVE, SAC AGREES AT ITS OPTION TO REPLACE OR REPAIR THE DEFECTIVE PRODUCT, PARTS OR ACCESSORIES, OR PAY THE COST OF REPAIRING THE DEFECTIVE PRODUCT, PARTS OR ACCESSORIES; PROVIDED, HOWEVER, THAT ALL WARRANTY REPAIR WORK SHALL BE PERFORMED BY SAC AT SAC'S MANUFACTURING PLANT AND ALL RETURNED MERCHANDISE MUST BE RETURNED TO SAC UNDER RETURNED MERCHANDISE AUTHORIZATION IN APPROPRIATE PACKAGING AS INITIALLY SHIPPED BY SAC. DISTRIBUTOR WILL PAY COST OF SHIPPING TO SAC, AND SAC WILL PAY COST OF SHIPPING BACK TO DISTRIBUTOR. SAC SHALL NOT BE LIABLE UNDER THIS EXPRESS WARRANTY FOR DAMAGES, LOSS OF TIME, OR OTHER EXPENSES THAT MAY RESULT FROM DEFECTIVE PRODUCTS, PARTS OR ACCESSORIES, NOR FOR THE PAYMENT OF ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR NEGLIGENCE AND INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY OR PROPERTY DAMAGE TO THE EXTENT PERMITTED BY LAW. EXCEPT FOR THE FOREGOING EXPRESS WARRANTY, THERE ARE NO EXPRESS OR IMPLIED WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION CONTAINED IN THE PRODUCTS SPECIFICATIONS, AND THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, AND THERE ARE NO IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE. THE REMEDIES PROVIDED IN THIS EXPRESS WARRANTY SHALL BE THE EXCLUSIVE AND SOLE REMEDIES, AND SHALL NOT INCLUDE ANY SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF SAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SAC'S LI...
Warranty and Limitation of Liability. 7.1 The Licensor does not warrant that LocalSolver will be error free in all circumstances. The Licensor has provided the Client with the necessary Documentation in connection with LocalSolver. Therefore, the Client knows if the specifications of LocalSolver confer with its expectations. The Client has examined the Documentation provided to it and accepts the terms and conditions of this Agreement. The Client shall be solely responsible for the gap between its real needs and the specifications of LocalSolver. The Licensor warrants only that the Services will be performed in a good and workmanlike manner in accordance with the industry standards. Notwithstanding the Licensor’s reasonable efforts towards correction, the Licensor does not warrant that every Error can or will be corrected or bypassed.
Warranty and Limitation of Liability. 6.1 Licensee expressly acknowledges and agrees that:
Warranty and Limitation of Liability. L7.1 PBGFS AND THE BANK MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FREEDOM FROM INTERFERENCE OR INFRINGEMENT.
Warranty and Limitation of Liability. (a) In relation to the goods we manufacture, to the fullest extent permitted by law, our liability is limited to making good by replacement or repair defects which, under proper use, appear thereon and arise solely from faulty design, material or workmanship within a period of six calendar months after the original goods or equipment have been first despatched, at the termination of which period all liability on our part ceases. For the avoidance of doubt, we are not liable for defects arising out of:
Warranty and Limitation of Liability. 5.1 Seller warrants that it will give to Buyer good and marketable title to all Concentrates delivered hereunder and that such Concentrates will be delivered free and clear of all liens, claims, charges and encumbrances of any kind and type whatsoever.
Warranty and Limitation of Liability. 7.1 LB warrants that:
