Common use of Disclaimers & Limitation of Remedies Clause in Contracts

Disclaimers & Limitation of Remedies. To the extent allowed, the remedies herein shall be the exclusive remedy and Owner waives any other claim regardless of legal theory. MILGARD SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES; PERSONAL INJURY; LOST PROFITS; LOSS OF USE; DIMINUTION IN VALUE; OR PUNITIVE DAMAGES. ALL EXPRESS WARRANTIES BEYOND THIS DOCUMENT ARE DISCLAIMED. TO THE EXTENT ALLOWED, ALL IMPLIED WARRANTIES ARE ALSO DISCLAIMED, INCLUDING ANY WARRANTY WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM THE COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. Xxxxxxx’s liability shall not exceed the cost of providing the remedy for the Product per the terms of this Warranty. Some state and federal laws may not allow disclaimers on implied warranties or exclusions of incidental and consequential damages, so these limitations or exclusions may not apply to you. This Warranty gives you specific legal rights, and you may also have other rights which vary from state to state. This Warranty may only be modified by a writing signed by an authorized representative of Milgard. Any act or omission of Milgard does not create a new warranty or extend the term of this Warranty. Xxxxxxx makes no representation regarding the useful life of Milgard Product. If any term of this Warranty is deemed invalid or unenforceable in a judicial proceeding, the other terms shall remain in full force and effect.

Appears in 2 contracts

Samples: www.milgard.com, cougarwindows.com

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Disclaimers & Limitation of Remedies. To the extent allowed, the remedies herein shall be the exclusive remedy and Owner waives any other claim regardless of legal theory. MILGARD SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES; PERSONAL INJURY; LOST PROFITS; LOSS OF USE; DIMINUTION IN VALUE; OR PUNITIVE DAMAGES. ALL EXPRESS WARRANTIES BEYOND THIS DOCUMENT ARE DISCLAIMED. TO THE EXTENT ALLOWED, ALL IMPLIED WARRANTIES ARE ALSO DISCLAIMED, INCLUDING ANY WARRANTY WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM THE COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. Xxxxxxx’s liability shall not exceed the cost of providing the remedy for the Product per the terms of this Warranty. Some state and federal laws may not allow disclaimers on implied warranties or exclusions of incidental and consequential damages, so these limitations or exclusions may not apply to you. This Warranty gives you specific legal rights, and you may also have other rights which vary from state to state. This Warranty may only be modified by a writing signed by an authorized representative director of Milgard. Any act or omission of Milgard does not create a new warranty or extend the term of this Warranty. Xxxxxxx makes no representation regarding the useful life of Milgard Product. If any term of this Warranty is deemed invalid or unenforceable in a judicial proceeding, the other terms shall remain in full force and effect.

Appears in 1 contract

Samples: constructionwindows.com

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Disclaimers & Limitation of Remedies. To the extent allowed, the The remedies herein shall be the exclusive remedy and Owner waives any other claim regardless of legal theory. MILGARD Xxxxxxx makes no warranty for the Product beyond this writing. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM THE COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE, ARE DISCLAIMED. XXXXXXX SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, INDIRECT, OR SPECIAL DAMAGES; PERSONAL INJURY; LOST PROFITS; LOSS OF USE; DIMINUTION IN VALUE; OR PUNITIVE DAMAGES. ALL EXPRESS WARRANTIES BEYOND THIS DOCUMENT ARE DISCLAIMED. TO THE EXTENT ALLOWED, ALL IMPLIED WARRANTIES ARE ALSO DISCLAIMED, INCLUDING ANY WARRANTY WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM THE COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. XxxxxxxMilgard’s liability shall not exceed the cost price of providing the remedy for the Product per the terms of this Warrantyaffected Product. Some state and federal laws may not allow disclaimers on implied warranties or exclusions of incidental and consequential damages, so these limitations or exclusions may not apply to you. This Warranty gives you specific legal rights, and you may also have other rights which vary from state to state. This Warranty may only be modified by a writing signed by an authorized representative director of Milgard. Any act or omission of Milgard does not create a new warranty or extend the term of this Warranty. Xxxxxxx makes no representation regarding the useful life of Milgard Product. If any term of this Warranty is deemed invalid or unenforceable in a judicial proceeding, the other terms shall remain in full force and effect.

Appears in 1 contract

Samples: www.milgard.com

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