Common use of Conditions of Warranty Clause in Contracts

Conditions of Warranty. THE WARRANTIES SET OUT IN SECTION 7 (THE “LIMITED WARRANTIES”) ARE IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS OF ANY KIND, AND ACTIVESTATE MAKES NO OTHER REPRESENTATIONS OR WARRANTIES AS TO THE PERFORMANCE OR SUITABILITY OF THE PRODUCTS FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACTIVESTATE EXCLUDES AND DISCLAIMS, AND LICENSEE WAIVES, ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, DURABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON‐INFRINGEMENT OR ARISING FROM COURSE OF DEALING, USAGE OR TRADE. The Limited Warranties are void and have no application with respect to any error: (1) that results from use by Licensee of the Products in an environment other than that recommended by ActiveState; (2) that results from any modifications to the Products made by Licensee that are not authorized by ActiveState or, if such authorization is granted, are made using software other than ActiveState recommended software; or (3) caused by any bug, defect, virus or error in other software or hardware used with the Products. In the event of breach of the Limited Warranties, ActiveState’s exclusive liability and Licensee’s sole remedy for breach thereof shall be (at ActiveState’s option) to correct or replace the Products and/or the Documentation within a reasonable time or to refund the total Fees paid to ActiveState by Licensee in the relevant portion of the Term and terminate this Agreement. ActiveState shall only be liable under this Agreement for breach of the Limited Warranties where ActiveState is notified in writing of such breach within the Warranty Period. Notwithstanding the foregoing, ActiveState may at its option provide email and/or telephone support to Licensee with respect to issues which are outside the scope of the warranties set forth in Section 7.

Conditions of Warranty. This warranty is only applicable to Products (i) when installed on vehicles as specified by the Original Equipment Manufacturer of the vehicle and/or as catalogued by Xxxxxx, and (ii) for fuel pumps only, when installed there is a simultaneous replacement of the fuel strainer. What this Warranty does not cover. This warranty does not cover Products: (i) used in police cars, race cars, taxis, car sharing service vehicles, commercial vehicles, fleet vehicles, governmental vehicles or modified vehicles; (ii) subjected to misuse, improper installation or maintenance, or incorrect application (iii) that have been modified by customer; (iv) that are obsolete parts no longer available from Xxxxxx, (v) exposed to racing fuels, blends and additives; (vi) damaged as a result of casualty (including without limitation fire, flood and collision) to the vehicle in which they were installed; or (vii) that have been transferred to a vehicle other than the one on which it was originally installed. What this Warranty excludes and limits. The warranty remedy does not include and no payment will be made for the cost of labor for removal and installation. Xxxxxx reserves the right to refund the original Product purchase price in lieu of replacement. THIS WARRANTY DOES NOT COVER, AND IN NO EVENT XXXX XXXXXX HAVE LIABILITY FOR, ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION PHYSICAL INJURIES OR PROPERTY DAMAGE, LOSS OF TIME, LOSS OF USE OF THE WARRANTIES SET OUT IN SECTION 7 VEHICLE, INCONVENIENCE, RENTAL VEHICLE CHARGES, TOWING CHARGES OR ACCOMMODATIONS RESULTING FROM ANY FAILURE OF THE PRODUCT. This limited warranty represents the exclusive remedy for any defect in or failure of the Product and the total liability of Xxxxxx Fuel Systems, LLC (THE “LIMITED WARRANTIESXxxxxx”) ARE IN LIEU OF ALL ). XXXXXX MAKES NO OTHER WARRANTIES EXPRESS OR CONDITIONS IMPLIED INCLUDING ANY WARRANTIES OF MERCHANTABILITY, CONDITION OF ANY KIND, AND ACTIVESTATE MAKES NO OTHER REPRESENTATIONS OR WARRANTIES AS TO THE PERFORMANCE OR SUITABILITY OF THE PRODUCTS FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACTIVESTATE EXCLUDES AND DISCLAIMS, AND LICENSEE WAIVES, ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, DURABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow disclaimers of implied warranties. Any implied warranties that may apply to your part are limited to the duration of this written warranty. Some states also do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental, NON‐INFRINGEMENT OR ARISING FROM COURSE OF DEALINGspecial or consequential damages so those limitations may not apply to you. This warranty gives you specific rights and you may have other rights which vary from state to state. Xxxxxx does not authorize any person to vary the terms, USAGE OR TRADEconditions or exclusions of this warranty. If any provision of the warranty should become invalid or unenforceable because of any laws, the remaining terms and provisions of the warranty shall remain in full force and effect. Questions. If you have any questions about this Lifetime-Limited Warranty, please visit xxx.xxxxxxxxxxxxxxxxx.xxx or call Xxxxxx Fuel Products, LLC at 1-800-342-6125. XXXXXX® MECHANICAL FUEL PUMP XXXXXX® FUEL SYSTEM ACCESSORIES 12-MONTH LIMITED WARRANTY Products covered by this Warranty are Xxxxxx Fuel Systems, LLC (“Xxxxxx”) mechanical fuel pumps and fuel system accessories, including, without limitation, strainers, tank lock rings, wire harnesses and sender cards (each a “Product”). Products covered by this Warranty also include Xxxxxx® electric fuel pumps and electric fuel pump assemblies purchased before September 24, 2013. What this Warranty Covers. The Limited Warranties Products are void warranted to be free from defects in material and have no application with respect to any error: (1) that results from workmanship, under normal use by Licensee of the Products in an environment other than that recommended by ActiveState; (2) that results from any modifications to the Products made by Licensee that are not authorized by ActiveState or, if such authorization is granted, are made using software other than ActiveState recommended software; or (3) caused by any bug, defect, virus or error in other software or hardware used with the Products. In the event of breach of the Limited Warranties, ActiveState’s exclusive liability and Licensee’s sole remedy for breach thereof shall be (at ActiveState’s option) to correct or replace the Products and/or the Documentation within a reasonable time or to refund the total Fees paid to ActiveState by Licensee in the relevant portion of the Term and terminate this Agreement. ActiveState shall only be liable under this Agreement for breach of the Limited Warranties where ActiveState is notified in writing of such breach within the Warranty Period. Notwithstanding the foregoing, ActiveState may at its option provide email and/or telephone support to Licensee with respect to issues which are outside the scope of the warranties set forth in Section 7service.

Conditions of Warranty. This warranty is only applicable to Products (i) when installed on vehicles as specified by the Original Equipment Manufacturer of the vehicle and/or as catalogued by Xxxxxx, and (ii) for fuel pumps only, when installed there is a simultaneous replacement of the fuel strainer. What this Warranty does not cover. This warranty does not cover Products: (i) used in police cars, race cars, taxis, car sharing service vehicles, commercial vehicles, fleet vehicles, governmental vehicles or modified vehicles; (ii) subjected to misuse, improper installation or maintenance, or incorrect application (iii) that have been modified by customer; (iv) that are obsolete parts no longer available from Xxxxxx, (v) exposed to racing fuels, blends and additives; (vi) damaged as a result of casualty (including without limitation fire, flood and collision) to the vehicle in which they were installed; or (vii) that have been transferred to a vehicle other than the one on which it was originally installed. What this Warranty excludes and limits. The warranty remedy does not include, and no payment will be made for, the cost of labor for removal and installation. Xxxxxx reserves the right to refund the original Product purchase price in lieu of replacement. THIS WARRANTY DOES NOT COVER, AND IN NO EVENT XXXX XXXXXX HAVE LIABILITY FOR, ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING WITHOUT LIMITATION PHYSICAL INJURIES OR PROPERTY DAMAGE, LOSS OF TIME, LOSS OF USE OF THE WARRANTIES SET OUT IN SECTION 7 VEHICLE, INCONVENIENCE, RENTAL VEHICLE CHARGES, TOWING CHARGES OR ACCOMMODATIONS RESULTING FROM ANY FAILURE OF THE PRODUCT. This limited warranty represents the exclusive remedy for any defect in or failure of the Product and the total liability of Xxxxxx Fuel Products, LLC (THE “LIMITED WARRANTIESXxxxxx”) ARE IN LIEU OF ALL ). XXXXXX MAKES NO OTHER WARRANTIES EXPRESS OR CONDITIONS IMPLIED INCLUDING ANY WARRANTIES OF MERCHANTABILITY, CONDITION OF ANY KIND, AND ACTIVESTATE MAKES NO OTHER REPRESENTATIONS OR WARRANTIES AS TO THE PERFORMANCE OR SUITABILITY OF THE PRODUCTS FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACTIVESTATE EXCLUDES AND DISCLAIMS, AND LICENSEE WAIVES, ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, DURABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow disclaimers of implied warranties. Any implied warranties that may apply are limited to the duration of this written warranty. Some states also do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental, NON‐INFRINGEMENT OR ARISING FROM COURSE OF DEALINGspecial or consequential damages so the above limitations may not apply to you. This warranty gives you specific rights and you may have other rights which vary from state to state. Xxxxxx does not authorize any person to vary the terms, USAGE OR TRADEconditions or exclusions of this warranty. The Limited Warranties are void and have no application with respect to If any error: (1) that results from use by Licensee provision of the Products in an environment other than that recommended by ActiveState; (2) that results from warranty should become invalid or unenforceable because of any modifications to laws, the Products made by Licensee that are not authorized by ActiveState or, if such authorization is granted, are made using software other than ActiveState recommended software; or (3) caused by any bug, defect, virus or error in other software or hardware used with the Products. In the event of breach remaining terms and provisions of the Limited Warranties, ActiveState’s exclusive liability warranty shall remain in full force and Licensee’s sole remedy for breach thereof shall be (at ActiveState’s option) to correct or replace the Products and/or the Documentation within a reasonable time or to refund the total Fees paid to ActiveState by Licensee in the relevant portion of the Term and terminate this Agreement. ActiveState shall only be liable under this Agreement for breach of the Limited Warranties where ActiveState is notified in writing of such breach within the Warranty Period. Notwithstanding the foregoing, ActiveState may at its option provide email and/or telephone support to Licensee with respect to issues which are outside the scope of the warranties set forth in Section 7effect.

Conditions of Warranty. This warranty is only applicable to Products (i) when installed on vehicles as specified by the Original Equipment Manufacturer of the vehicle and/or as catalogued by Xxxxxx, and (ii) for fuel pumps only, when installed there is a simultaneous replacement of the fuel strainer. What this Warranty does not cover. This warranty does not cover Products: (i) used in police cars, race cars, taxis, car sharing service vehicles, commercial vehicles, fleet vehicles, governmental vehicles or modified vehicles; (ii) subjected to misuse, improper installation or maintenance, or incorrect application (iii) that have been modified by customer; (iv) that are obsolete parts no longer available from Xxxxxx, (v) exposed to racing fuels, blends and additives; (vi) damaged as a result of casualty (including without limitation fire, flood and collision) to the vehicle in which they were installed; or (vii) that have been transferred to a vehicle other than the one on which it was originally installed. What this Warranty excludes and limits. The warranty remedy does not include and no payment will be made for the cost of labor for removal and installation. Xxxxxx reserves the right to refund the original Product purchase price in lieu of replacement. THIS WARRANTY DOES NOT COVER, AND IN NO EVENT XXXX XXXXXX HAVE LIABILITY FOR, ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION PHYSICAL INJURIES OR PROPERTY DAMAGE, LOSS OF TIME, LOSS OF USE OF THE WARRANTIES SET OUT IN SECTION 7 VEHICLE, INCONVENIENCE, RENTAL VEHICLE CHARGES, TOWING CHARGES OR ACCOMMODATIONS RESULTING FROM ANY FAILURE OF THE PRODUCT. This limited warranty represents the exclusive remedy for any defect in or failure of the Product and the total liability of Xxxxxx Fuel Systems, LLC (THE “LIMITED WARRANTIESXxxxxx”) ARE IN LIEU OF ALL ). XXXXXX MAKES NO OTHER WARRANTIES EXPRESS OR CONDITIONS IMPLIED INCLUDING ANY WARRANTIES OF MERCHANTABILITY, CONDITION OF ANY KIND, AND ACTIVESTATE MAKES NO OTHER REPRESENTATIONS OR WARRANTIES AS TO THE PERFORMANCE OR SUITABILITY OF THE PRODUCTS FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACTIVESTATE EXCLUDES AND DISCLAIMS, AND LICENSEE WAIVES, ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, DURABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow disclaimers of implied warranties. Any implied warranties that may apply to your part are limited to the duration of this written warranty. Some states also do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental, NON‐INFRINGEMENT OR ARISING FROM COURSE OF DEALINGspecial or consequential damages so those limitations may not apply to you. This warranty gives you specific rights and you may have other rights which vary from state to state. Xxxxxx does not authorize any person to vary the terms, USAGE OR TRADEconditions or exclusions of this warranty. The Limited Warranties are void and have no application with respect to If any error: (1) that results from use by Licensee provision of the Products in an environment other than that recommended by ActiveState; (2) that results from warranty should become invalid or unenforceable because of any modifications to laws, the Products made by Licensee that are not authorized by ActiveState or, if such authorization is granted, are made using software other than ActiveState recommended software; or (3) caused by any bug, defect, virus or error in other software or hardware used with the Products. In the event of breach remaining terms and provisions of the Limited Warranties, ActiveState’s exclusive liability warranty shall remain in full force and Licensee’s sole remedy for breach thereof shall be (at ActiveState’s option) to correct or replace the Products and/or the Documentation within a reasonable time or to refund the total Fees paid to ActiveState by Licensee in the relevant portion of the Term and terminate this Agreement. ActiveState shall only be liable under this Agreement for breach of the Limited Warranties where ActiveState is notified in writing of such breach within the Warranty Period. Notwithstanding the foregoing, ActiveState may at its option provide email and/or telephone support to Licensee with respect to issues which are outside the scope of the warranties set forth in Section 7effect.