Buyer’s Remedies Sample Clauses

Buyer’s Remedies. 15.1 If the Buyer identifies a defect in the Product as a result of any breach of clause 12.1, the Buyer shall give the Seller written notice of any failure of the Product to comply with the warranty within five (5) days after the Buyer identifies any non-compliance, provided that notwithstanding when the Buyer identifies such non-compliance, the Buyer must notify the Seller in writing of any non-compliance no later than ninety (90) days after delivery of the Product. The notice must specify the basis of the Buyer’s claim in detail and identify the Product at issue.‌ 15.2 After notification of the defect by the Buyer under clause 15.1, the Seller shall, at its sole discretion, replace the defective Product as soon as reasonably practicable or reimburse the Buyer the Price paid for the affected Product.‌ 15.3 The Buyer shall allow the Seller access to the Product on the Buyer’s premises to inspect, or replace the Product, and shall return the affected Product to the Seller, freight and insurance prepaid, at the Seller’s request, for inspection, or replacement. The Buyer shall not ship the affected Product to the Seller without first obtaining the Seller’s approval and instructions. The Buyer shall keep all Product subject to a claim segregated until the Seller has completed its inspection or has given the Buyer written notice with respect to the particular Product that Buyer does not need to continue to segregate the Product. 15.4 Where the Seller supplies any replacement Product in accordance with clause 15.2, the provisions of the Agreement shall apply to such replacement Product, and the Seller shall acquire all right, title and interest in and to the original Product to the extent replaced. 15.5 The remedies set forth in clause 15.2 shall be the Buyer’s sole and exclusive remedy for any defective Product supplied by the Seller under this Agreement and the Seller shall have no further liability to the Buyer in respect of the failure of the Product to comply with clause 12.1. In no event shall the Seller’s liability for any claim be greater than the amount the Buyer paid for the affected Product. 15.6 The Seller shall not be liable for the Product's failure to comply with the warranty set out in clause 12.1 in any of the following events: 15.6.1 the Buyer makes any further use of such Product after giving notice in accordance with clause 12.5; 15.6.2 the defect arises because the Buyer failed to follow the Seller's oral or written instructions as to the s...

Buyer’s Remedies. If Seller fails to comply herewith for any reason, except Buyer’s default, Buyer may either: (a) cancel this Contract and thereupon the Xxxxxxx Money shall be returned to Buyer and there will be no further obligation to be borne, performed, or enforced by any party hereto; or, (b) enforce specific performance hereof; or, (c) seek other relief as may be provided by law.

Buyer’s Remedies. In the event Seller fails to comply with the terms of this Agreement, Buyer’s remedy shall be limited to the return of its Deposit, and this Agreement shall become null and void, neither party having further rights or liabilities hereunder, provided that the Deposit, if any, is returned to Buyer. Buyer agrees that it shall not have the right to demand specific performance.

Buyer’s Remedies. Upon failure of Seller to comply herewith by the Closing Date, as it may be extended in accordance herewith, Buyer, at its sole option and in addition to any other remedies it may have at law or equity, may (i) enforce specific performance, or (ii) terminate this Agreement. In the event Buyer elects to terminate this Agreement as set forth above, Seller shall immediately return the Performance Deposit to Buyer, without interest.

Buyer’s Remedies. In the event the transaction contemplated hereby is not consummated as a result of Seller's default hereunder, Buyer's sole and exclusive remedies shall be either (i) to seek from Escrow Holder the return of the Deposit and any other documents and funds then held by Escrow Holder and Seller shall reimburse Buyer for Buyer's reasonable and documented out-of-pocket expenses incurred in connection with the purchase transaction contemplated under this Agreement (but in no event to exceed one-fourth percent (1/4%) of Purchase Price)or (ii) to seek specific performance of Seller's obligations hereunder by delivering the Purchase Price into the Escrow; provided, however, that as conditions precedent to such action for specific performance, [A] no uncured default in the performance of Buyer's obligations under this Agreement shall exist and no event shall have occurred which with the passage of time or with notice, or both, could become such an event of default, and [B] Buyer shall not seek to amend the Purchase Price in such action.

Buyer’s Remedies. IF SELLER FAILS TO CONVEY THE PROPERTY TO BUYER IN ACCORDANCE WITH THE PROVISIONS OF THIS AGREEMENT, AND SUCH FAILURE CONSTITUTES A DEFAULT BY SELLER UNDER THIS AGREEMENT, THEN BUYER SHALL BE ENTITLED TO SEEK ALL REMEDIES AVAILABLE TO BUYER, AT LAW OR IN EQUITY, INCLUDING AN ACTION FOR EQUITABLE RELIEF. SELLER HEREBY AGREES THAT THE PROPERTY IS UNIQUE AND THAT IF SELLER FAILS TO CONVEY THE PROPERTY TO BUYER IN ACCORDANCE WITH THE PROVISIONS OF THIS AGREEMENT, AND SUCH FAILURE CONSTITUTES A DEFAULT BY SELLER UNDER THIS AGREEMENT, SUCH FAILURE COULD CAUSE IRREPARABLE HARM TO BUYER. ACCORDINGLY, SELLER AGREES THAT EQUITABLE RELIEF IS A PROPER AND FAIR REMEDY FOR SUCH FAILURE. SELLER AND BUYER ACKNOWLEDGE THAT THEY HAVE READ AND UNDERSTAND THE PROVISIONS OF THIS PARAGRAPH 20 AND BY THEIR INITIALS IMMEDIATELY BELOW AGREE TO BE BOUND BY ITS TERMS.

Buyer’s Remedies. Buyer’s remedies are cumulative and in addition to all remedies set forth herein or otherwise legally available. Buyer may exercise its remedies either individually or cumulatively. Buyer’s remedies shall include, but not be limited to, incidental and consequential damages and the cost of any recall campaigns or other corrective actions. Buyer’s selection of any particular remedy, or its forbearance in exercising any remedy available to it, shall not constitute an election or waiver of any other remedy.

Buyer’s Remedies. (a) If the transaction contemplated by this Agreement is not consummated by the Closing Date because of a default hereunder on the part of Seller, then Buyer’s sole and exclusive remedy by reason of such default by Seller shall be to terminate this Agreement, in which event neither Party shall have any further rights, duties or obligations under this Agreement and the Deposit shall be returned to Buyer. Buyer hereby expressly waives any and all rights to claim specific performance of this Agreement and to record a lis pendens upon the Property. (b) If the Closing of the transactions hereunder shall have occurred, Seller shall have no liability to Buyer (and Buyer shall make no claim against Seller) for a breach of any alleged representation or warranty, failure to disclose, or any other covenant, agreement or obligation of Seller, or for indemnification under this Agreement or any document executed by Seller in connection with this Agreement.

Buyer’s Remedies. Upon failure of Seller to fulfill or perform any undertaking, commitment, or obligation provided for herein on the part of Seller that is required to be fulfilled on or prior to the Closing Date, Buyer, at its sole option, may (i) enforce specific performance of this Agreement or (ii) pursue any other rights or remedies available at law or in equity.

Buyer’s Remedies. Xxxxx’s remedies are cumulative and in addition to all remedies set forth herein or otherwise legally available. Buyer may exercise its remedies either individually or cumulatively. Xxxxx’s remedies shall include, but not be limited to, incidental and consequential damages and the cost of any recall campaigns or other corrective actions. Buyer’s selection of any particular remedy, or its forbearance in exercising any remedy available to it, shall not constitute an election or waiver of any other remedy.