Exclusions and Disclaimers. MONDO’S LIABILITY HEREUNDER SHALL BE LIMITED AS SPECIFIED ABOVE, WHICH SHALL BE THE SOLE AND EXCLUSIVE OBLIGATION OF MONDO HEREUNDER. MONDO SHALL HAVE NO LIABILITY FOR ANY CLAIM WHICH IS NOT A COVERED CLAIM. UNDER NO CIRCUMSTANCES WILL MONDO BE LIABLE FOR LABOR OR ANY OTHER COSTS INCURRED IN CONNECTION WITH THE REPAIR, REMOVAL, INSTALLATION OR REPLACEMENT OF ANY SPECIFIED PRODUCTS COVERED BY THIS LIMITED MATERIAL WARRANTY, EXCEPT AS SPECIFICALLY PROVIDED HEREIN. UNDER NO CIRCUMSTANCES WILL MONDO BE LIABLE FOR DIRECT OR INDIRECT DAMAGES, LABOR, REMOVAL, INSTALLATION, INCIDENTAL OR CONSEQUENTIAL DAMAGES, FOR LOST PROFITS, LOST SALES, INJURY TO PROPERTY OR ANY OTHER DAMAGES, LOSSES OR CONTINGENCIES DUE TO OR ARISING OUT OF ANY SPECIFIED PRODUCT, WHETHER OR NOT SUBJECT TO A MANUFACTURING DEFECT. THE LIMITED MATERIAL WARRANTY IS VALID ONLY FOR THE SPECIFIED WARRANTY HOLDER AND IS NOT ASSIGNABLE OR TRANSFERABLE UNDER ANY CIRCUMSTANCES. THERE SHALL BE NO THIRD PARTY BENEFICIARIES (INTENDED OR OTHERWISE) HEREUNDER. THIS LIMITED MATERIAL WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITATION ANY WARRANTY OF MERCHANTABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALSO IS IN LIEU OF ANY OTHER OBLIGATIONS ON THE PART OF MONDO (CONTRACTUAL, TORT OR OTHERWISE). THIS LIMITED MATERIAL WARRANTY CONSTITUTES THE ONLY WARRANTY MADE BY MONDO AND IS A COMPLETE AND EXCLUSIVE STATEMENT OF ITS OBLIGATIONS. MONDO MAKES NO REPRESENTATIONS, EXPRESSED OR IMPLIED, NOT SPECIFIED HEREIN. ANY AND ALL REPRESENTATIONS, PROMISES, WARRANTIES OR STATEMENTS BY MONDO’S EMPLOYEES, REPRESENTATIVES, AGENTS, DEALERS, OR DISTRIBUTORS THAT DIFFER, ENHANCE, AMEND OR EXTEND IN ANY MANNER FROM THE TERMS OF THIS WRITTEN LIMITED MATERIAL WARRANTY SHALL BE OF NO FORCE OR EFFECT. NO REPRESENTATIVE, AGENT OR EMPLOYEE OF MONDO, OR ANY OTHER PERSON, IS AUTHORIZED TO ASSUME FOR MONDO ANY ADDITIONAL LIABILITY OR RESPONSIBILITY WITH MONDO FLOOR COVERING EXCEPT AS DESCRIBED ABOVE.
Exclusions and Disclaimers. The warranties do not extend to any damages, malfunctions, or non-conformities caused by: (i) Customer’s use of Products in violation of the license granted under this SLSA or in a manner inconsistent with the Documentation; (ii) normal wear due to Product use, including but not limited to Product cosmetics and display scratches; (iii) use of non-Avaya furnished equipment, software, or facilities with Products (except to the extent provided in the Documentation); (iv) Customer’s failure to follow Avaya’s installation, operation or support instructions; (v) Customer’s failure to permit Avaya timely access, remote or otherwise, to Products; or
Exclusions and Disclaimers. Any warranty exclusions and disclaimers set out in the Agreement apply to the Cloud Software and Maintenance Services. In addition, neither Distributor nor Avaya is responsible under this Amendment for any software, equipment, hardware or services that Reseller may have separately purchased apart from this Amendment or is re-using. Reseller is responsible to ensure that any such software, equipment or hardware is in good working order and compatible with the Cloud Software.
Exclusions and Disclaimers. The warranties do not extend to any damages, malfunctions, or non-conformities caused by: (i) Customer’s use of Products in violation of the license granted under this Agreement or in a manner inconsistent with the Documentation; (ii) normal wear due to Product use, including but not limited to Product cosmetics and display scratches; (iii) use of non-Avaya furnished equipment, software, or facilities with Products (except to the extent provided in the Documentation); (iv) Customer’s failure to follow Avaya’s installation, operation or support instructions; (v) Customer’s failure to permit Avaya timely access, remote or otherwise, to Products; or (vi) failure to implement Updates provided by Avaya. Warranties do not extend to Products that have been serviced or modified by a party other than Avaya or a third party specifically authorized by Avaya to provide the service or modification. EXCEPT AS REFERENCED AND LIMITED IN THIS SECTION, NEITHER AVAYA NOR ITS LICENSORS OR SUPPLIERS MAKE ANY EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT ANY MATTER UNDER THIS AGREEMENT. AVAYA DOES NOT WARRANT UNINTERRUPTED OR ERROR FREE OPERATION OF PRODUCTS OR DELIVERABLES, THAT THE PRODUCTS AND SERVICES WILL PREVENT TOLL FRAUD, THAT SERVICES WILL DETECT ALL SECURITY THREATS AND VULNERABILITIES, OR THAT SERVICES WILL RENDER CUSTOMER’S NETWORK OR PARTICULAR NETWORK ELEMENTS SAFE FROM INTRUSIONS AND OTHER SECURITY BREACHES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AVAYA DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE WARRANTY REMEDIES EXPRESSLY PROVIDED IN THIS AGREEMENT WILL BE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES.
Exclusions and Disclaimers. (a) The warranties set out in Section 5.2 shall not apply to the extent the breach is caused by or as a result of (i) Your use of the Software and/or Services contrary to Our written instructions or the Documentation, (ii) Your breach of the Agreement, (iii) any modifications or alterations of the Software and/or Services by any party other than Us or Our duly authorized contractors or agents.
(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES AND REMEDIES PROVIDED IN THIS SECTION 5 ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, TERMS AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR TERMS AND CONDITIONS OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR SATISFACTORY QUALITY AND NON-INFRINGEMENT (EXCEPT AS PROVIDED BELOW), ALL OF WHICH ARE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXPRESSLY DISCLAIMED BY US.
Exclusions and Disclaimers. The Limited Warranties do not apply to any lost electricity production or any repair, replacement or correction required due to the following:
(i) someone other than Dealer or a subcontractor specifically approved by SunPower (an “approved subcontractor”) installed, constructed, tested, removed, re- installed or repaired the System;
(ii) destruction or damage to the System or its ability to safely produce energy not caused by Dealer or its approved subcontractor while servicing the System (for example, a tree falls on the System not due to any negligence of Dealer);
(iii) any event or condition beyond Dealer’s control that is a Force Majeure Event (as defined below);
(iv) a power or voltage surge caused by someone other than Dealer including a grid supply voltage outside of the standard range specified by the local utility or the System specifications or as a result of a local power outage or curtailment;
(v) shading from foliage that is new growth or is not kept trimmed to the same condition as on the date the System was installed;
(vi) any system failure not caused by a System defect (such as making roof repairs that affect the System); or
(vii) theft of the System.
Exclusions and Disclaimers. 9.1 The provisions of Schedule 8 shall apply to limit liability under Relevant Claims.
9.2 In addition to anything else provided herein, no Party shall be liable in respect of any representations, warranties, covenants, agreements, undertakings or other obligations (express, implied, statutory or otherwise) which are made or assumed or deemed to have been made or assumed by him or it in relation to or in connection with the subject matter hereof except for those contained and expressly given or assumed by him or it in this Agreement, any other Transaction Document or any document in the Agreed Form to be entered into pursuant hereto and each Party hereby confirms to the others that neither he nor it has entered into this Agreement or otherwise assumed any other obligations in connection therewith in reliance on any such representation, warranty, covenant, agreement, undertaking or other obligation which are not contained or expressly given or assumed in this Agreement.
9.3 The Buyer acknowledges and confirms that:
(A) it has not entered into this Agreement in reliance on any representation or warranty of any kind whatsoever (other than the Warranties) and, for the avoidance of doubt, acknowledges that it shall not be entitled to, and undertakes that it will not, bring any claims under or in connection with this Agreement in relation to any other statement, promise or forecast made, or information provided, by or on behalf of any Target Group Company or any of the Sellers or any of their advisers, general partners or managers or any of their respective directors, officers, partners or employees (including any forecast contained in the Disclosure Documents) (the “Unwarranted Information”); and
(B) none of the other Parties shall have any liability to the Buyer or any member of the Buyer’s Group, and the Buyer undertakes not to, and undertakes to procure that no member of the Buyer’s Group shall, bring any claim or action against any such Party or any such other Person in respect of the Unwarranted Information, including in the event that such Unwarranted Information is, is alleged to be or becomes inaccurate, incomplete or misleading.
9.4 The Buyer undertakes to the Investor Sellers, Sovereign Capital Partners LLP and each other person referred to in this clause 9.4 (each of whom may rely on this assurance pursuant to the Contracts (Rights of Third Parties) Act 1999), that neither the Buyer nor any other member of the Buyer’s Group has any rights and/or may ...
Exclusions and Disclaimers. The Limited Warranty gives you specific legal rights, and you may also have other rights, which may vary from state to state. Some states do not allow the exclusion or limitation of incidental, consequential, or other damages, so the limitations herein may not apply to you. The terms of the Limited Warranty will apply to the extent permitted by applicable law.
Exclusions and Disclaimers. The warranty in this Paragraph 26 shall not apply to (a) any loss or damage resulting from normal wear and tear or alteration, misuse or abuse or (b) improper installation, operation or maintenance by City or a third party not engaged by or approved in writing by Contractor. THE WARRANTIES IN THIS PARAGRAPH 26 ARE IN LIEU OF, AND CONTRACTOR EXPRESSLY DISCLAIMS, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED IN FACT OR BY LAW, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. THE WARRANTIES IN THIS PARAGRAPH 26 STATE CONTRACTOR’S ENTIRE AND EXCLUSIVE LIABILITY AND THE CITY’S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY CLAIMS, IN CONNECTION WITH THE SALE OR FURNISHING OF MATERIALS, THEIR DESIGN, SUITABILITY FOR USE, INSTALLATION, OPERATION OR OTHERWISE.
Exclusions and Disclaimers. The foregoing warranties do not apply with respect to defects or nonconformities from abuse, acts of God or other external factors such as failure or fluctuation of electrical power or air conditioning, installation or use not in accordance with the applicable documentation, modifications, or unauthorized maintenance. THE TERMS OF THIS SECTION 10 REPRESENT FORTIS’ SOLE OBLIGATION AND CUSTOMER’S SOLE REMEDY FOR NON- CONFORMANCES. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF NON- INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE DISCLAIMED. FORTIS WARRANTIES EXTEND SOLELY TO CUSTOMER.
