Consequential or Incidental Damages Clause Samples
Consequential or Incidental Damages. EXCEPT FOR RP’S OBLIGATION TO REFUND OR REPLACE NON-CONFORMING PRODUCT AS SET FORTH IN SECTION 8.4 ABOVE AND EXCEPT AS SET FORTH IN SECTION 8.7 BELOW. RP SHALL NOT BE LIABLE FOR, AND COLGATE AND IH WAIVE ANY AND ALL CLAIMS AGAINST RP FOR, ANY AND ALL DAMAGES, INCLUDING SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, WHICH MAY BE CAUSED BY, OR IN ANY WAY RESULT FROM, THE PRODUCT OR ITS DELIVERY UNDER THIS AGREEMENT, OR ANY BREACH OF RP’S COVENANTS HEREUNDER, INCLUDING DAMAGES RESULTING FROM DELAYS IN DELIVERY, OR FAILURE TO DELIVER, ANY PRODUCT, WHETHER BASED ON NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY, VIOLATION OF LAW OR ANY OTHER CAUSE OF ACTION.
Consequential or Incidental Damages. Defects in appliances and equipment are covered by manufacturers’ warranties. We have assigned these manufacturers’ warranties to you, to the extent that they are assignable, and you should follow the procedures in these warranties if defects appear in these items. All damages due to ordinary wear and tear, abusive use, or lack of proper maintenance. Defects that are the results of characteristics common to the material used, such as, but not limited to, warping and defection of wood, fading, chalking and checking of paint and wood due to sunlight; cracks due to drying and curing of concrete, stucco, plaster, bricks and masonry, drying, shrinking and cracking of caulking and weather stripping, cracking in sheetrock, inside trim, ceramic tile, and other interior and exterior materials due to the shrinking and swelling of framing materials and other wood members from the changes in moisture content of the ambient atmosphere. Defects in items installed by you or your agents or anyone else, except our subcontractors, or any work done by you or your agents or anyone else, except our subcontractors, or us if they were working directly for us or under our supervision and guidance. Work performed specifically at the request of the owner, not recommended by the builder, such as placing concrete in cold weather to expedite completion. Loss or injury due to acts of God caused by the elements or damage resulting from fires, floods, storms, electrical storms, electrical malfunctions, accidents, acts of God, or damages resulting from the malfunction of telephone, gas company, power company, or water company equipment or lines. Any items listed in non-warrantable Conditions, which have been incorporated into this agreement. Any condensation on materials or the expansion or contraction of materials are excluded from coverage. Costs of shelter, transportation, food, storage, or other incidental expenses related to relocation during repair or replacement. Any claim that has not been filed in the manner set forth herein.
Consequential or Incidental Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ACCUPLAN NOR ITS LICENSORS (OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS) SHALL BE LIABLE TO ANY PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE PRODUCTS (INCLUDING, WITHOUT LIMITATION, THE ONE.K DOCUMENTATION) AND SERVICES PROVIDED IN CONNECTION WITH THIS AGREEMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ACCUPLAN NOR ITS LICENSORS (OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS) SHALL BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF THE AMOUNT PAID BY THE APPLICANT(S) TO ACCUPLAN FOR THE PRODUCTS (INCLUDING, WITHOUT LIMITATION, THE ONE.K DOCUMENTATION) AND SERVICES PROVIDED IN CONNECTION WITH THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION OF LIABIITY MAY NOT APPLY TO YOU.
Consequential or Incidental Damages. Meridian excludes and will not pay consequential or incidental damages under these limited warranties. By this we mean that Meridian will not credit or pay for any loss, expense, or damage other than to the flooring itself that may result from a manufacturing related defects in the flooring. Some examples of consequential or incidental damages are: replacement of subfloors, trim moldings, disconnecting / reconnecting appliances or fixtures as well as moving of furniture.
Consequential or Incidental Damages. Consequential or incidental damages are not covered by this One Year Limited Warranty and are expressly denied and waived.
Consequential or Incidental Damages. Consequential or incidental damages are excluded from this warranty. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.