Common use of Disclaimers and Limitations Clause in Contracts

Disclaimers and Limitations. a. THE WARRANTIES, RIGHTS AND REMEDIES SET FORTH IN PARAGRAPHS 10 (LIMITED WARRANTY - PRODUCTS) AND 11 (LIMITED WARRANTY - SERVICES) ABOVE ARE THE SOLE AND EXCLUSIVE WARRANTIES, RIGHTS AND REMEDIES PROVIDED TO BUYER WITH RESPECT TO PRODUCTS AND SERVICES AND ARE IN LIEU OF ALL OTHER WARRANTIES, RIGHTS AND REMEDIES, EXPRESS, STATUTORY OR IMPLIED, AND SELLER DISCLAIMS ALL OTHER WARRANTIES, RIGHTS AND REMEDIES, EXPRESS, STATUTORY OR IMPLIED, IN RELATION TO ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, COMPATIBILITY OR INTEROPERABILITY WITH OTHER PRODUCTS, ACCURACY, PERFORMANCE AND NON- INFRINGEMENT, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. EXCEPT FOR THE LIABILITIES AND OBLIGATIONS IMPOSED ON SELLER UNDER PARAGRAPHS 10 (LIMITED WARRANTY - PRODUCTS) AND 11 (LIMITED WARRANTY - SERVICES) ABOVE, NEITHER SELLER NOR ANY OTHER XXXX/JUN-AIR UNIT SHALL HAVE ANY LIABILITY OR OBLIGATION TO BUYER IN CONNECTION WITH THE FAILURE, IMPROPER PERFORMANCE, MALFUNCTION, INACCURACY OR NON-CONFORMANCE OF, OR ANY DEFECT OR DEFICIENCY IN, ANY PRODUCT OR SERVICE.

Disclaimers and Limitations. a. THE WARRANTIES, RIGHTS AND REMEDIES SET FORTH IN PARAGRAPHS 10 (LIMITED WARRANTY - PRODUCTS) AND 11 (LIMITED WARRANTY - SERVICES) ABOVE ARE THE SOLE AND EXCLUSIVE WARRANTIES, RIGHTS AND REMEDIES PROVIDED TO BUYER WITH RESPECT TO PRODUCTS AND SERVICES AND ARE IN LIEU OF ALL OTHER WARRANTIES, RIGHTS AND REMEDIES, EXPRESS, STATUTORY OR IMPLIED, AND SELLER DISCLAIMS ALL OTHER WARRANTIES, RIGHTS AND REMEDIES, EXPRESS, STATUTORY OR IMPLIED, IN RELATION TO ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, COMPATIBILITY OR INTEROPERABILITY WITH OTHER PRODUCTS, ACCURACY, PERFORMANCE AND NON- NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. EXCEPT FOR THE LIABILITIES AND OBLIGATIONS IMPOSED ON SELLER UNDER PARAGRAPHS 10 (LIMITED WARRANTY - PRODUCTS) AND 11 (LIMITED WARRANTY - SERVICES) ABOVE, NEITHER SELLER NOR ANY OTHER XXXX/JUN-AIR IDEX OPTICAL TECHNOLOGIES UNIT SHALL HAVE ANY LIABILITY OR OBLIGATION TO BUYER IN CONNECTION WITH THE FAILURE, IMPROPER PERFORMANCE, MALFUNCTION, INACCURACY OR NON-CONFORMANCE OF, OR ANY DEFECT OR DEFICIENCY IN, ANY PRODUCT OR SERVICE.

Disclaimers and Limitations. a. EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED FOR HEREIN, SELLER HEREBY DISCLAIMS ALL WARRANTIES RELATING TO IT, TO ITS BUSINESS OR PROPERTY OR TO THE AIRCRAFT, THE EQUIPMENT OR THE BOOKS AND RECORDS. PURCHASER HAS HAD AND WILL HAVE AMPLE OPPORTUNITY TO INSPECT THE AIRCRAFT, THE EQUIPMENT AND THE BOOKS AND RECORDS PRIOR TO DELIVERY OF THE AIRCRAFT. PURCHASER AGREES THAT IT IS PURCHASING THE AIRCRAFT, THE EQUIPMENT AND THE BOOKS AND RECORDS "AS IS." PURCHASER HEREBY RELEASES, RENOUNCES AND DISCLAIMS ALL WARRANTIES, RIGHTS OBLIGATIONS AND LIABILITIES OF SELLER AND ALL RIGHTS, CLAIMS AND REMEDIES SET FORTH IN PARAGRAPHS 10 (LIMITED WARRANTY - PRODUCTS) AND 11 (LIMITED WARRANTY - SERVICES) ABOVE ARE THE SOLE AND EXCLUSIVE WARRANTIESOF PURCHASER AGAINST SELLER, RIGHTS AND REMEDIES PROVIDED TO BUYER EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO PRODUCTS AND SERVICES AND ARE ANY NONCONFORMITY OR DEFECT (WHETHER LATENT OR DISCOVERABLE) IN LIEU OF ALL OTHER WARRANTIES, RIGHTS AND REMEDIES, EXPRESS, STATUTORY OR IMPLIED, AND SELLER DISCLAIMS ALL OTHER WARRANTIES, RIGHTS AND REMEDIES, EXPRESS, STATUTORY OR IMPLIED, IN RELATION TO ANY PRODUCTS OR SERVICESTHE AIRCRAFT, INCLUDING, WITHOUT LIMITATIONBUT NOT LIMITED TO: (i) ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) ANY IMPLIED WARRANTIES WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, (iii) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT OR STRICT-LIABILITY, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF SELLER OR ANY PREDECESSOR TO SELLER, ACTUAL OR IMPUTED AND (iv) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FROM LOSS OR DAMAGE TO THE AIRCRAFT, FOR LOSS OF USE, REVENUE OR PROFIT WITH RESPECT TO MERCHANTABILITY, FITNESS THE AIRCRAFT OR FOR ANY PARTICULAR PURPOSEINCIDENTAL, COMPATIBILITY CONSEQUENTIAL OR INTEROPERABILITY WITH OTHER PRODUCTS, ACCURACY, PERFORMANCE AND NON- INFRINGEMENT, AND ANY WARRANTIES ARISING EXEMPLARY DAMAGES RESULTING FROM ANY COURSE OF DEALING, USAGE SUCH NONCONFORMITY OR TRADE PRACTICE. EXCEPT FOR THE LIABILITIES AND OBLIGATIONS IMPOSED ON SELLER UNDER PARAGRAPHS 10 (LIMITED WARRANTY - PRODUCTS) AND 11 (LIMITED WARRANTY - SERVICES) ABOVE, NEITHER SELLER NOR ANY OTHER XXXX/JUN-AIR UNIT SHALL HAVE ANY LIABILITY OR OBLIGATION TO BUYER IN CONNECTION WITH THE FAILURE, IMPROPER PERFORMANCE, MALFUNCTION, INACCURACY OR NON-CONFORMANCE OF, OR ANY DEFECT OR DEFICIENCY IN, ANY PRODUCT OR SERVICEDEFECT.

Disclaimers and Limitations. a. THE WARRANTIES, RIGHTS AND REMEDIES SET FORTH IN PARAGRAPHS 10 (LIMITED WARRANTY - PRODUCTS) AND 11 (LIMITED WARRANTY - SERVICES) ABOVE ARE THE SOLE AND EXCLUSIVE WARRANTIES, RIGHTS AND REMEDIES PROVIDED TO BUYER WITH RESPECT TO PRODUCTS AND SERVICES AND ARE IN LIEU OF ALL OTHER WARRANTIES, RIGHTS AND REMEDIES, EXPRESS, STATUTORY OR IMPLIED, AND SELLER DISCLAIMS ALL OTHER WARRANTIES, RIGHTS AND REMEDIES, EXPRESS, STATUTORY OR IMPLIED, IN RELATION TO ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, COMPATIBILITY OR INTEROPERABILITY WITH OTHER PRODUCTS, ACCURACY, PERFORMANCE AND NON- NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. EXCEPT FOR THE LIABILITIES AND OBLIGATIONS IMPOSED ON SELLER UNDER PARAGRAPHS 10 (LIMITED WARRANTY - PRODUCTS) AND 11 (LIMITED WARRANTY - SERVICES) ABOVE, NEITHER SELLER NOR ANY OTHER XXXX/JUN-AIR UNIT SHALL HAVE ANY LIABILITY OR OBLIGATION TO BUYER IN CONNECTION WITH THE FAILURE, IMPROPER PERFORMANCE, MALFUNCTION, INACCURACY OR NON-CONFORMANCE OF, OR ANY DEFECT OR DEFICIENCY IN, ANY PRODUCT OR SERVICE.

Disclaimers and Limitations. a. THE WARRANTIES, RIGHTS AND REMEDIES SET FORTH IN PARAGRAPHS 10 (LIMITED WARRANTY - PRODUCTS) AND 11 (LIMITED WARRANTY - SERVICES) ABOVE ARE THE SOLE AND EXCLUSIVE WARRANTIES, RIGHTS AND REMEDIES PROVIDED TO BUYER WITH RESPECT TO PRODUCTS AND SERVICES AND ARE IN LIEU OF ALL OTHER WARRANTIES, RIGHTS AND REMEDIES, EXPRESS, STATUTORY OR IMPLIED, AND SELLER DISCLAIMS ALL OTHER WARRANTIES, RIGHTS AND REMEDIES, EXPRESS, STATUTORY OR IMPLIED, IN RELATION TO ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, COMPATIBILITY OR INTEROPERABILITY WITH OTHER PRODUCTS, ACCURACY, PERFORMANCE AND NON- NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. EXCEPT FOR THE LIABILITIES AND OBLIGATIONS IMPOSED ON SELLER UNDER PARAGRAPHS 10 (LIMITED WARRANTY - PRODUCTS) AND 11 (LIMITED WARRANTY - SERVICES) ABOVE, NEITHER SELLER NOR ANY OTHER XXXX/JUN-AIR UNIT SHALL HAVE ANY NO LIABILITY OR OBLIGATION TO BUYER IN CONNECTION WITH THE FAILURE, IMPROPER PERFORMANCE, MALFUNCTION, INACCURACY OR NON-CONFORMANCE OF, OR ANY DEFECT OR DEFICIENCY IN, ANY PRODUCT OR SERVICE.

Disclaimers and Limitations. a. THE WARRANTIES, RIGHTS AND REMEDIES SET FORTH IN PARAGRAPHS 10 (LIMITED WARRANTY - – PRODUCTS) AND 11 (LIMITED WARRANTY - – SERVICES) ABOVE ARE THE SOLE AND EXCLUSIVE WARRANTIES, RIGHTS AND REMEDIES PROVIDED TO BUYER WITH RESPECT TO PRODUCTS AND SERVICES AND ARE IN LIEU OF ALL OTHER WARRANTIES, RIGHTS AND REMEDIES, EXPRESS, STATUTORY OR IMPLIED, AND SELLER DISCLAIMS ALL OTHER WARRANTIES, RIGHTS AND REMEDIES, EXPRESS, STATUTORY OR IMPLIED, IN RELATION TO ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, COMPATIBILITY OR INTEROPERABILITY WITH OTHER PRODUCTS, ACCURACY, PERFORMANCE AND NON- NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. EXCEPT FOR THE LIABILITIES AND OBLIGATIONS IMPOSED ON SELLER UNDER PARAGRAPHS 10 (LIMITED WARRANTY - – PRODUCTS) AND 11 (LIMITED WARRANTY - – SERVICES) ABOVE, NEITHER SELLER NOR ANY OTHER XXXX/JUN-AIR UNIT IDEX HST COMPANY SHALL HAVE ANY LIABILITY OR OBLIGATION TO BUYER IN CONNECTION WITH THE FAILURE, IMPROPER PERFORMANCE, MALFUNCTION, INACCURACY OR NON-CONFORMANCE OF, OR ANY DEFECT OR DEFICIENCY IN, ANY PRODUCT OR SERVICE.

Disclaimers and Limitations. a. THE WARRANTIES, RIGHTS AND REMEDIES SET FORTH IN PARAGRAPHS 10 (LIMITED WARRANTY - PRODUCTS) AND 11 (LIMITED WARRANTY - SERVICES) ABOVE ARE THE SOLE AND EXCLUSIVE WARRANTIES, RIGHTS AND REMEDIES PROVIDED TO BUYER WITH RESPECT TO PRODUCTS AND SERVICES AND ARE IN LIEU OF ALL OTHER WARRANTIES, RIGHTS AND REMEDIES, EXPRESS, STATUTORY OR IMPLIED, AND SELLER DISCLAIMS ALL OTHER WARRANTIES, RIGHTS AND REMEDIES, EXPRESS, STATUTORY OR IMPLIED, IN RELATION TO ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, COMPATIBILITY OR INTEROPERABILITY WITH OTHER PRODUCTS, ACCURACY, PERFORMANCE AND NON- NON INFRINGEMENT, AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE. EXCEPT FOR THE LIABILITIES AND OBLIGATIONS IMPOSED ON SELLER UNDER PARAGRAPHS 10 (LIMITED WARRANTY - PRODUCTS) AND 11 (LIMITED WARRANTY - SERVICES) ABOVE, NEITHER SELLER NOR ANY OTHER XXXX/JUN-AIR UNIT SHALL HAVE ANY LIABILITY OR OBLIGATION TO BUYER IN CONNECTION WITH THE FAILURE, IMPROPER PERFORMANCE, MALFUNCTION, INACCURACY OR NON-CONFORMANCE OF, OR ANY DEFECT OR DEFICIENCY IN, ANY PRODUCT OR SERVICE.