Exclusive Warranty. Subject to the terms and limitations of the exclusive warranty and remedies described herein, Seller warrants the Products sold pursuant to Seller’s Written Proposal to be free from all latent defects in material and workmanship for a period as defined by the warranty statement as part of this proposal. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SELLER NEITHER ASSUMES (NOR HAS AUTHORIZED ANY PERSON TO ASSUME) ANY OTHER WARRANTY OR LIABILITY IN CONNECTION WITH THE PRODUCTS. SELLER MAKES NO WARRANTIES WITH RESPECT TO BUYER’S USE OF THE PRODUCTS OR CLAIMS BY BUYER’S PERSONNEL ARISING FROM BUYER’S USE OF THE PRODUCTS, OR ANY OTHER VARIABLE OVER WHICH THE SELLER HAS NO CONTROL. IF BUYER’S ORDER IS FOR PRODUCTS WHICH CONTAIN COMPONENTS MANUFACTURED BY A PARTY OTHER THAN SELLER, BUYER ACKNOWLEDGES THAT SELLER IS NOT THE MANUFACTURER OF SUCH COMPONENTS AND AGREES THAT ALL SUCH COMPONENTS ARE WARRANTED ONLY TO THE EXTENT OF THE MANUFACTURER’S EXPRESS WARRANTIES TO SELLER, WHICH SELLER SHALL PROVIDE TO BUYER AT BUYER’S REQUEST. NOTWITHSTANDING THE FOREGOING, SELLER SHALL NOT BE LIABLE FOR A BREACH OF THE WARRANTY SET FORTH IN THIS SECTION 9 IF BUYER ALTERS, MODIFIES OR REPAIRS THE PRODUCTS IN ANY WAY WITHOUT THE PRIOR WRITTEN CONSENT OF SELLER.
Exclusive Warranty. The Warranty contained in this ARTICLE 10 is exclusive and in lieu of all other warranties, whether written, oral, implied or statutory, but does not affect any separate express warranty provided by any equipment supplier to the Project or Seller under the BOT Agreement. NO IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING AND USAGE OF TRADE SHALL APPLY. O&M Contractor does not warrant under this Agreement any product, material or services of others which Owner has furnished.
Exclusive Warranty. BY PURCHASING OR ACCEPTING OWNERSHIP OF A CHEMONITE+B TIE, OWNER ACCEPTS AND ACKNOWLEDGES, AND WARRANTOR HEREBY STATES, THAT THIS WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY AND IS IN LIEU OF ALL OTHER REPRESENTATIONS, WARRANTIES, GUARANTEES, AGREEMENTS, PROMISES, COMMITMENTS, DUTIES OF CARE OR CONDITIONS, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH WARRANTOR HEREBY SPECIFICALLY DISCLAIMS. THE OWNER’S RIGHTS AND REMEDIES ARE LIMITED TO THOSE SET FORTH IN THIS AGREEMENT. ONLY THE WARRANTOR IS LIABLE UNDER THIS LIMITED WARRANTY AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS SHALL HAVE NO LIABILITY OF ANY KIND WITH RESPECT TO THE PURCHASE OR USE OF CHEMONITE® TIES.
Exclusive Warranty. Seller warrants that at the time of shipment the Articles will be free from defects in materials and workmanship. The warranty expressly provided herein may only be asserted by Buyer and may not be asserted by Buyer’s customers or other users of Articles. THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SELLER DISCLAIMS ALL WARRANTIES THAT MAY OTHERWISE ARISE AS A RESULT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. NO PERSON IS AUTHORIZED TO GIVE ANY OTHER WARRANTIES OTHER THAN THOSE EXPRESSLY STATED HEREIN.
Exclusive Warranty. Omron’s exclusive warranty is that the Products will be free from defects in materials and workmanship for a period of twelve months from the date of sale by Omron (or such other period expressed in writing by Omron). Omron disclaims all other warranties, express or implied.
Exclusive Warranty. THE WARRANTY SET FORTH IN THIS PARAGRAPH 5 IS THE ONLY WARRANTY GIVEN BY HDU CONCERNING THE PRODUCT AND IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Exclusive Warranty. THE WARRANTY PROVIDED FOR IN SECTION 8.1 IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER PERTAINING TO THE PRODUCT AND WHETHER ARISING BY LAW, CUSTOM, CONDUCT, OR USAGE OR TRADE, AND THE RIGHTS AND REMEDIES OF COLGATE PROVIDED IN ARTICLE 8 ARE EXCLUSIVE AND IN LIEU OF ALL OTHER RIGHTS AND REMEDIES.
Exclusive Warranty. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, NETWOLVES MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Exclusive Warranty. THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS TO THE FULLEST EXTENT PERMITTED BY LAW. TGC NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE OR USE OR THE RESULTS OF THE USE OF THE PRODUCT(S), DOCUMENTATION NOR ANY OTHER ITEMS OR MATERIALS PROVIDED HEREUNDER IN TERMS OF CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Exclusive Warranty. THE ABOVE WARRANTY IS EXCLUSIVE. TRANSACTTOOLS MAKES NO OTHER WARRANTY OF ANY KIND, WHETHER WRITTEN OR ORAL, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE RELATING TO THE TERMS OF THE SOFTWARE, OR ANY MATERIALS OR SERVICES FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT.
