Exclusive Warranty and Remedy. The Limited Warranty is given by the Seller and accepted by the Buyer in lieu of all other warranties of any kind whatsoever, express or implied, including without limitation, warranties of habitability, merchantability, fitness, and workmanship relating to the Property, all of which other warranties are expressly excluded by the Seller. Except for any rights of the Buyer relating to completion of items of the Orientation, as expressly set forth in the Agreement, this Limited Warranty, is also given by the Seller and accepted by the Buyer in lieu of all other rights or remedies that the Buyer has or may have against the Seller relating to construction on the Property or the condition or circumstance existing on or in the vicinity of the Property, including but not limited to any rights based on negligent construction, code violations, breach of Agreement or breach of warranty (other than based on the terms of the Limited Warranty). In lieu of repairing any problem covered by the Limited Warranty, the Seller shall have the option of replacing such item or of paying reasonable sums to the Buyer with which to have such problem addressed by the Buyer or third party. Unless a problem constitutes an emergency or additional material damage would result from delay in addressing such problem, the Seller has the option of waiting to address all or several problems at once or in groups.
Exclusive Warranty and Remedy. This Limited Warranty is given by the Seller and accepted by the Buyer in lieu of all other warranties of any kind whatsoever, express or implied, including without limitation, warranties of habitability, merchantability, fitness, and workmanship relating to the Premises, all of which other warranties are expressly excluded by the Seller. Except for any rights of the Buyer relating to completion of items of the New Home Orientation/Walk-Through, as expressly set forth in the Contract, this Limited Warranty, is also given by the Seller and accepted by the Buyer in lieu of all other rights or remedies that the Buyer has or may have against the Seller relating to construction on the Premises or the condition or circumstance existing on or in the vicinity of the Premises, including but not limited to any rights based on negligent construction, code violations, breach of contract or breach of warranty (other than based on the terms of the Limited Warranty). In lieu of repairing any problem covered by the Limited Warranty, the Seller shall have the option of replacing such item or of paying reasonable sums to the Buyer with which to have such problem addressed by the Buyer or third party. Unless a problem constitutes an emergency or additional material damage would results from delay in addressing such problem, the Seller has the option of waiting to address all or several problems at once or in groups.
Exclusive Warranty and Remedy. (a) The Licensor warrants that Licensed Programs (excluding, for purposes of this subparagraph, any Updates furnished pursuant to this Agreement) will upon delivery substantially conform to the description thereof set forth in the pertinent user manuals. The Licensee, however, acknowledges that Licensed Programs are of such complexity that they may contain inherent defects and the mere existence thereof shall not constitute a breach of this warranty.
Exclusive Warranty and Remedy. The TechForce exclusive warranty to the Customer is as follows: (1) the Work will be performed in a competent and workmanlike manner which follows approved, industry standard procedures such as ESD (electrostatic discharge) protection, proper packaging and handling, and (2) Work shall conform to manufacturer's specifications, conform to applicable law, and shall be free of defects in TechForce's workmanship for a period of ninety (90) days from completion of the work. In the event TechForce breaches this warranty, TechForce" sole obligation and Customer's exclusive remedy shall be to have TechForce correct the Work which was non-conforming, at TechForce's Expense. In the event that TechForce fails to promptly correct non-conforming Work, Customer shall have ht e option to cause such Work to be performed by another party upon commercially reasonable terms, and TechForce shall reimburse Customer for the cost of the same. There are no other expressed or reasonable terms, and TechForce shall reimburse Customer for the cost of the same. There are no other expressed implied warranties concerning the Work. TechForce does not guarantee that the operation of the Equipment will be uninterrupted or error-free.
Exclusive Warranty and Remedy. Seller warrants that each newly-manufactured article sold hereunder, and such portion of a repaired/refurbished article as has been repaired, refurbished or replaced by Seller, shall be free from defects in material or workmanship at time of shipment and for ninety (90) calendar days from the date of shipment shall perform in accordance with the specifications, if any incorporated herein. This warranty shall not extend to any article which upon examination by Seller is found to have been subjected to a) mishandling, misuse, tampering, negligence or accident, or b) installation, operation or maintenance which either was not in accordance with Seller’s instructions or was otherwise improper, or c) repair or alteration by anyone other than Seller. Seller shall not be responsible for damage to any associated instruments, equipment or apparatus. Should any failure to conform to this warranty be discovered and brought to Seller’s attention within ninety (90) calendar days from the date of shipment and be substantiated by examination at Seller’s factory or by authorized field personnel, then, at its own cost, Seller shall correct such failure, at its option, by repair or replacement of the non- conforming portion of such article or by return of the purchase price. Buyer agrees that this remedy shall be its sole and exclusive remedy against Seller and that no other remedy shall be available. In no event shall Seller be liable for special, incidental or consequential damages. Buyer shall notify Seller in writing of any alleged defect or failure in detail and expressing its desire to return such article under the remedy provided herein. No returns shall be accepted without prior approval by Seller, and all articles returned to the Seller must be shipped in accordance with Seller’s shipping instruction and with transportation charges prepaid. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
