Common use of Exclusions and Disclaimers Clause in Contracts

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. 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 XXXXX 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. MONDO(A) NOTWITHSTANDING THE FOREGOING, SUPPLIER: (I) DOES NOT WARRANT THAT (1) CUSTOMER’S LIABILITY HEREUNDER SHALL OR END USER’S USE OF THE SERVICES WILL BE LIMITED AS SPECIFIED ABOVEUNINTERRUPTED OR ERROR-FREE; (2) THE SERVICES, WHICH SHALL BE DOCUMENTATION AND/OR THE SOLE AND EXCLUSIVE OBLIGATION OF MONDO HEREUNDER. MONDO SHALL HAVE NO LIABILITY INFORMATION OBTAINED BY CUSTOMER OR ANY END USER THROUGH THE SERVICES WILL MEET CUSTOMER’S OR ANY END USER’S REQUIREMENTS; (3) SUPPLIER WILL CORRECT ALL ERRORS; (4) THE SERVICES WILL OPERATE IN COMBINATION WITH CUSTOMER’S CONTENT OR APPLICATION, OR WITH ANY OTHER HARDWARE, PLATFORM, SYSTEMS OR DATA NOT PROVIDED BY SUPPLIER; OR (5) THE SERVICES OR PLATFORM COMPLY WITH ANY HEALTHCARE LEGISLATION. (II) IS NOT RESPONSIBLE FOR ANY CLAIM WHICH IS NOT A COVERED CLAIM. UNDER NO CIRCUMSTANCES WILL MONDO BE LIABLE FOR LABOR (1) DELAYS, DELIVERY FAILURES, OR ANY OTHER COSTS INCURRED IN CONNECTION WITH LOSS OR DAMAGE RESULTING FROM THE REPAIRTRANSFER OF DATA OVER (III) DOES NOT MAKE ANY REPRESENTATION OR WARRANTY REGARDING THE RELIABILITY, REMOVALACCURACY, INSTALLATION COMPLETENESS, CORRECTNESS, OR REPLACEMENT USEFULNESS 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 CONTENT, AND DISCLAIMS ALL LIABILITIES ARISING FROM OR RELATED TO THIRD PARTY CONTENT. (INTENDED OR OTHERWISEB) HEREUNDER. THE WARRANTIES PROVIDED IN THIS LIMITED MATERIAL WARRANTY IS IN LIEU OF SECTION ARE EXCLUSIVE AND SUPPLIER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDINGINCLUDING FOR PLATFORM, BUT NOT LIMITATION ANY WARRANTY OF HARDWARE, SYSTEMS, NETWORKS, ENVIRONMENTS, MERCHANTABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALSO IS IN LIEU OF ANY OTHER OBLIGATIONS ON THE PART OF MONDO (CONTRACTUAL, TORT PURPOSE 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 ABOVENON-INFRINGEMENT.

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 WARRANTYWARRANTY DOES NOT EXTEND TO NORMAL MAINTENANCE SERVICES (SUCH AS ENGINE TUNE-UP, EXCEPT AS SPECIFICALLY PROVIDED HEREIN. UNDER NO CIRCUMSTANCES WILL MONDO BE LIABLE FOR DIRECT CLEANING, CONTROL RIGGING, BRAKE, OTHER MECHANICAL ADJUSTMENTS AND MAINTENANCE INSPECTIONS INCLUDING REPETITIVE INSPECTIONS REQUIRED BY PIPER SERVICE BULLETINS OR INDIRECT DAMAGES, LABOR, REMOVAL, INSTALLATION, INCIDENTAL FAA AIRWORTHINESS DIRECTIVES) OR CONSEQUENTIAL DAMAGES, FOR LOST PROFITS, LOST SALES, INJURY TO PROPERTY OR ANY OTHER DAMAGES, LOSSES OR CONTINGENCIES DEFECT DUE TO THE NEGLIGENCE OF OTHERS, FAILURE TO OPERATE OR ARISING OUT OF ANY SPECIFIED PRODUCTTO MAINTAIN THE AIRCRAFT, WHETHER PART OR NOT SUBJECT TO A MANUFACTURING DEFECTCOMPONENT IN ACCORDANCE WITH APPLICABLE INSTRUCTIONS (AS HEREINAFTER DEFINED), ABUSE, UNREASONABLE USE, ACCIDENT, ALTERATION, INCIDENT, OR WEAR AND TEAR. 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) HEREUNDERFor purposes of this Limited Warranty, “applicable instructions” shall include all manuals, bulletins, advisories, operating and maintenance instructions, customer service information notices and similar information issued from time to time by Piper or applicable manufacturers and all airworthiness directives and other rules and regulations issued from time to time by regulatory authorities. THIS LIMITED MATERIAL WARRANTY IS EXPRESSLY IN LIEU OF OF, AND XXXXX SPECIFICALLY DISCLAIMS AND EXCLUDES, ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, IN FACT OR BY LAW, APPLICABLE TO THE REPLACEMENT PART, WHETHER ON GROUNDS OF BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, INCLUDING, BUT NOT LIMITATION ANY WARRANTY OF MERCHANTABILITY, HABITABILITY LIMITED TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALSO IS IN LIEU . THE REMEDIES OF ANY OTHER OBLIGATIONS ON REPAIR OR REPLACEMENT AS SET FORTH ABOVE ARE THE PART OF MONDO (CONTRACTUAL, TORT OR OTHERWISE). ONLY REMEDIES UNDER THIS LIMITED MATERIAL WARRANTY CONSTITUTES THE ONLY WARRANTY MADE BY MONDO WARRANTY. IN NO EVENT SHALL PIPER BE LIABLE FOR ANY GENERAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, ARISING FROM PROPERTY DAMAGE, PERSONAL INJURY (OR DEATH), LOSS OF AIRCRAFT USE, LOSS OF TIME, INCONVENIENCE, COMMERCIAL LOSS, LOSS OF PROFITS, LOSS OF GOODWILL, LABOR COSTS WHETHER INCURRED IN INITIALLY INSTALLING AND IS REMOVING A COMPLETE DEFECTIVE PART OR IN INSTALLING A REPLACEMENT PART AND EXCLUSIVE STATEMENT OF ITS OBLIGATIONS. MONDO MAKES NO REPRESENTATIONS, EXPRESSED OR IMPLIED, NOT SPECIFIED HEREIN. ANY AND ALL REPRESENTATIONSOTHER CONSEQUENTIAL, PROMISESINCIDENTIAL, WARRANTIES OR STATEMENTS AND ECONOMIC LOSS DAMAGES. EACH OF THE PARTIES HERETO IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY MONDO’S EMPLOYEES, REPRESENTATIVES, AGENTS, DEALERS, OR DISTRIBUTORS THAT DIFFER, ENHANCE, AMEND OR EXTEND JURY IN ANY MANNER FROM THE TERMS LEGAL PROCEEDING ARISING OUT OF OR RELATING TO 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 ABOVEWARRANTY.

Exclusions and Disclaimers. MONDO’S THIS LIMITED WARRANTY DOES NOT EXTEND TO NORMAL MAINTENANCE SERVICES (SUCH AS ENGINE TUNEUP, CLEANING, CONTROL RIGGING, BRAKE AND OTHER MECHANICAL ADJUSTMENTS AND MAINTENANCE INSPECTIONS) OR TO ANY DEFECT DUE TO THE NEGLIGENCE OF OTHERS; FAILURE TO OPERATE OR TO MAINTAIN THE AIRCRAFT, PARTS OR COMPONENTS IN ACCORDANCE WITH APPLICABLE INSTRUCTIONS (AS HEREINAFTER DEFINED); ABUSE; UNREASONABLE USE; ACCIDENTS; ALTERATIONS; INCIDENTS; OR WEAR AND TEAR. For purposes of this Limited Warranty, „applicable instructions“ shall include all manuals, bulletins, advisories, operating and maintenance instructions, customer service information, notices and similar information issued from time to time by Seller or applicable Sellers and all airworthiness directives and other rules and regulations issued from time to time by the Authorities. NO OTHER WARRANTY, WHETHER OF MERCHANT-ABILITY, FITNESS OR OTHERWISE, EXPRESSED OR IMPLIED IN FACT OR BY LAW, IS GIVEN BY THE SELLER WITH RESPECT TO ANY AIRCRAFT, PART, COMPONENT OR SERVICE, AND NO OTHER OR FURTHER OBLIGATION OR LIABILITY HEREUNDER SHALL BE LIMITED AS SPECIFIED INCURRED BY SELLER DUE TO PRODUCTION, SALE, LEASE OR USE OF ANY AIRCRAFT, PART, COMPONENT OR SERVICE, WHETHER ON GROUNDS OF BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. In the event that the provisions relieving the Seller of liability for any reason are held ineffective, the remainder of this paragraph shall remain in full force and effect. THE OBLIGATION OF SELLER SET FORTH IN SECTION 7, ABOVE, WHICH SHALL BE THE SOLE AND EXCLUSIVE OBLIGATION OF MONDO HEREUNDER. MONDO SHALL HAVE NO LIABILITY REMEDY FOR ANY CLAIM WHICH IS NOT A COVERED CLAIMBREACH OF WARRANTY. UNDER IN NO CIRCUMSTANCES WILL MONDO EVENT SHALL THE SELLER BE LIABLE FOR LABOR ANY GENERAL, CONSEQUENTIAL 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 DAMAGES RELATING TO PROPERTY DAMAGE OR ANY OTHER DAMAGESECONOMIC LOSS, 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 INCLUDING WITHOUT LIMITATION ANY WARRANTY DAMAGES FOR LOSS OF MERCHANTABILITYUSE OR LOSS OF PROFITS. If for any reason a court of competent jurisdiction enters a final judgment holding that the remedy provided for herein has failed of its essential purpose, HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALSO IS IN LIEU OF ANY OTHER OBLIGATIONS ON THE PART OF MONDO the Seller shall not in any event be liable for any excess of the price paid for the allegedly defective Aircraft. No other person or entity (CONTRACTUAL, TORT OR OTHERWISE)including any agent or employee of Seller) is authorized to extend any other or further warranty or incur any additional obligation on Seller‘s behalf in connection with the sale of its products. THIS LIMITED MATERIAL WARRANTY CONSTITUTES THE ONLY WARRANTY MADE BY MONDO AND IS A COMPLETE AND EXCLUSIVE STATEMENT OF ITS OBLIGATIONSAccepted. 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.Date Purchaser Signature SUMMARY - Warranty Time Period and Warranty Responsibility EQUIPMENT TIME PERIOD WARRANTOR