Common use of Exclusive Warranty Clause in Contracts

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. BY PURCHASING OR ACCEPTING OWNERSHIP OF A CHEMONITE+B TIETIMBER, 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, GUARANTEESGUAR- ANTEES, 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® TIESTIMBERS.