Exclusion of Other Warranties and Remedies Sample Clauses

Exclusion of Other Warranties and Remedies. The obligations of Texada expressly stated in this Agreement are in lieu of all other warranties or conditions expressed or implied. Except for the express warranties and remedies set forth in Sections 7.1, 7.2, and 7.3 above and otherwise to the extent a warranty, guarantee or representation cannot be excluded under an applicable law, Texada makes no warranties, guarantees, or representations, whether written, oral, express, or implied, with respect to the Services, or their use or inability to be used, including but not limited to warranties or conditions of merchantable quality, satisfactory quality or fitness for a particular purpose, that the Services will meet the Subscriber’s needs, or that the Services will be error free or uninterrupted, or those arising by statute or otherwise in law, or from a course of dealing or usage of trade. The limited warranties and remedies in 7.1, 7.2, and 7.3 above state Subscriber’s sole remedies with respect to Texada’s breach of such warranties.
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Exclusion of Other Warranties and Remedies. Except where such disclaimers and exclusions are specifically prohibited by applicable law, the foregoing sets forth the only guarantees or warranties applicable to Purchaser’s order and such warranties are given expressly in lieu of all other warranties, express or implied, of merchantability or fitness for a particular purpose, and all warranties which exceed or differ from the warranties set forth above are disclaimed by Seller. Purchaser agrees that oral statements about Products ordered made by Seller and/or Seller’s representatives or statements contained in Seller’s general advertising, pamphlets, brochures, or other printed matter, do not constitute warranties and that an order is not placed in reliance upon them. Purchaser agrees that except where such limitations and exclusions are specifically prohibited by applicable law, Purchaser’s sole and exclusive remedy against Seller shall be the applicable remedy set forth in Section 15, and that no other remedy (including but not limited to the recovery of direct, incidental, special, indirect or consequential damages for lost profits, lost sales, injury to person or property, wasted materials, or any other loss) shall be available to it, whether by direct action, claim for contribution or indemnity, or otherwise, or whether based on contract, tort or other legal theory. This exclusive remedy shall not be deemed to have failed of its essential purpose as long as Seller is willing and able to carry out the terms of the warranties and remedy set forth in Section 1.
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Related to Exclusion of Other Warranties and Remedies

  • Warranties and Remedies The Supplier warrants that for a period of 12 months after acceptance of the Goods: a) the Goods are of good quality and free from defects in design and workmanship, b) the Goods are manufactured with only new and unused materials; c) the Goods correspond exactly with the requirements of the Agreement and the reasonable expectations of Sioux regarding the characteristics, quality and reliability of the Goods. In the event of a breach of warranty the Supplier shall, during the warranty period, repair or replace, at Sioux’ discretion, the defective Goods free of charge. Sioux shall notify the Supplier of a warranty issue as soon as possible, and at least within 14 calendar days of discovery of the defect, in writing. Goods repaired or replaced within the warranty period, assume the remainder of the original warranty period, or are warranted for a 6 months period, whichever period is longer. Defects caused by unauthorized modifications, use or improper installation of the Goods by, or on behalf of Sioux shall not be considered a breach of warranty. The Supplier warrants that it performs Services using the duty of care as set out in article 3 and according to the description (including any completion criteria) stated in the PO. The remedy for breach of the warranty for Services shall be re-performance by the Supplier, without charge, of the defective part of the Services. The Supplier warrants it shall comply with all privacy and data protection laws and regulations applicable to its Services or Goods.

  • Limited Warranties and Remedies (1) Online Services. Microsoft warrants that each Online Service will perform in accordance with the applicable SLA during Customer’s use. Customer’s remedies for breach of this warranty are described in the SLA.

  • Exclusion of Other Remedies The provisions of Sections 6.03, 6.04 and 6.05 of this Agreement shall, to the maximum extent permitted by applicable Law, be the sole and exclusive remedies of the Provider Indemnified Parties and the Recipient Indemnified Parties, as applicable, for any claim, loss, damage, expense or liability, whether arising from statute, principle of common or civil law, principles of strict liability, tort, contract or otherwise under this Agreement, except as set forth in Section 8.03.

  • Disclaimer of Other Warranties EXCEPT AS OTHERWISE EXPRESSLY ------------------------------ PROVIDED HEREIN, THE SALE OF THE EQUIPMENT IS HEREBY MADE ON AN "AS-IS WHERE-IS" BASIS. SELLER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO (i) THE EQUIPMENT, INCLUDING, WITHOUT LIMITATION OF THE FOREGOING, ITS SELECTION, QUALITY, DESIGN, CAPACITY, CONDITION, MERCHANTABILITY OR ITS FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE AND FREEDOM FROM CLAIMS OF COPYRIGHT OR PATENT INFRINGEMENT OR ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT OR NEGLIGENCE, (ii) THE FREEDOM OF THE EQUIPMENT (OR ANY PART OR PORTION THEREOF) FROM ANY LATENT OR OTHER DEFECT (WHETHER OR NOT DISCOVERABLE), (iii)THE COMPLIANCE OF ANY OF THE EQUIPMENT (OR ANY PART OR PORTION THEREOF) WITH ANY APPLICABLE LAWS OR REGULATIONS, (iv) THE CREDITWORTHINESS OF EACH LESSEE OR ANY OTHER PERSON UNDER THE LEASES AND THE TRANSACTION DOCUMENTS, (v) THE COLLECTIBILITY OF ANY AMOUNT UNDER THE LEASES AND ANY OF THE TRANSACTION DOCUMENTS, (vi) THE TAX CHARACTERIZATION OF THE LEASES, OR (vii) THE DUE AUTHORIZATION, EXECUTION AND DELIVERY BY, OR THE ENFORCEABILITY AGAINST, ANY PERSON WHO IS OR HAS BEEN A PARTY TO THE LEASES AND ANY OF THE TRANSACTION DOCUMENTS (WITH THE EXCEPTION OF THE SELLER) AND SELLER HEREBY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES.

  • Representations and Warranties Remedies and Breach 18 ARTICLE IV....................................................................35

  • Exclusion of Other Rights The Series A Preferred Stock shall not have any preferences or other rights, voting powers, restrictions, limitations as to dividends or other distributions, qualifications or terms or conditions of redemption other than expressly set forth in the Certificate of Incorporation and this Certificate of Designations.

  • Warranties and Covenants Assignor warrants and represents to Assignee and Company as of the date hereof:

  • Disclaimer of Implied Warranties The warranty set forth herein is in lieu of, and ‘Reseller’ expressly disclaims all other product warranties of any kind whatsoever whether express, implied, statutory, arising by course of dealing or performance, custom, usage in the trade or otherwise, any warranty of merchantability, or fitness for a particular purpose, and in any event no such implied warranty has applicability beyond the time period covered by this warranty.

  • Exclusion of Implied Warranties etc This Agreement expressly excludes any warranty, condition or other undertaking implied at law or by custom or otherwise arising out of any other agreement between the Parties and any representation by any Party not contained in a binding legal agreement executed by the Parties.

  • Representations Warranties Exclusive Remedies and Disclaimers Mutual Indemnification

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