Common use of Limitation of Buyer’s Liability Clause in Contracts

Limitation of Buyer’s Liability. SELLER HEREBY EXPRESSLY WAIVES ALL CLAIMS AGAINST N&B, AND N&B SHALL NOT BE LIABLE TO SELLER FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR AS A RESULT OF, THE SALE, DELIVERY, NON-DELIVERY, SERVICING, USE OR LOSS OF USE OF THE PRODUCTS OR ANY PART THEREOF, OR FOR ANY CHARGES OR EXPENSES OF ANY NATURE INCURED WITHOUT N&B’S EXPRESS WRITTEN CONSENT, EVEN THOUGH N&B HAS BEEN NEGLIGENT, AND SELLER INDEMNIFIES AND AGREES TO HOLD N&B HARMLESS FROM ANY AND ALL SUCH CLAIMS OF DAMAGE BY SELLER OF OTHERS. N&B SHALL NOT INCUR ANY LIABILITY UNDER ANY CLAIM MADE BY SELLER UNDER THIS AGREEMENT OR OTHERWISE EXCEEDING THE PURCHASE PRICE OF THE PRODUCT IN RESPECT TO WHICH DAMAGE ARE CLAIMED. SELLER INDEMNIFIES N&B FROM ALL THIRD PARY PRODUCTS LIABILITY CLAIMS ARISING FROM THE USE OF SELLER’S PRODUCTS, AND SELLER AGREES TO PAY THE ATTORNEYS FEES AND COST OF DEFENSE OF ANY PRODUCTS LIABILITY ACTION OR CLAIM BROUGHT AGAINST N&B ARISING FROM USE OF SELLER’S PRODUCTS. The Buyer’s liability for loss or damages on any claim is limited by the previous provisions hereof and shall in no event be more than an amount equal to the sum paid seller by buyer for the specific equipment and/or services do not permit this. Buyer shall not be liable for any indirect, special, secondary, incidental or consequential damages, howsoever or whenever the same may arise.

Appears in 1 contract

Samples: Terms and Conditions

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Limitation of Buyer’s Liability. SELLER HEREBY EXPRESSLY WAIVES ALL CLAIMS AGAINST N&BCMI, AND N&B CMI SHALL NOT BE LIABLE TO SELLER FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR AS A RESULT OF, THE SALE, DELIVERY, NON-DELIVERY, SERVICING, USE OR LOSS OF USE OF THE PRODUCTS OR ANY PART THEREOF, OR FOR ANY CHARGES OR EXPENSES OF ANY NATURE INCURED WITHOUT N&BCMI’S EXPRESS WRITTEN CONSENT, EVEN THOUGH N&B CMI HAS BEEN NEGLIGENT, AND SELLER INDEMNIFIES AND AGREES TO HOLD N&B CMI HARMLESS FROM ANY AND ALL SUCH CLAIMS OF DAMAGE BY SELLER OF OTHERS. N&B CMI SHALL NOT INCUR ANY LIABILITY UNDER ANY CLAIM MADE BY SELLER UNDER THIS AGREEMENT OR OTHERWISE EXCEEDING THE PURCHASE PRICE OF THE PRODUCT IN RESPECT TO WHICH DAMAGE ARE CLAIMED. SELLER INDEMNIFIES N&B CMI FROM ALL THIRD PARY PRODUCTS LIABILITY CLAIMS ARISING FROM THE USE OF SELLER’S PRODUCTS, AND SELLER AGREES TO PAY THE ATTORNEYS FEES AND COST OF DEFENSE OF ANY PRODUCTS LIABILITY ACTION OR CLAIM BROUGHT AGAINST N&B CMI ARISING FROM USE OF SELLER’S PRODUCTS. The Buyer’s liability for loss or damages on any claim is limited by the previous provisions hereof and shall in no event be more than an amount equal to the sum paid seller by buyer for the specific equipment and/or services do not permit this. Buyer shall not be liable for any indirect, special, secondary, incidental or consequential damages, howsoever or whenever the same may arise. 12.

Appears in 1 contract

Samples: Terms and Conditions

Limitation of Buyer’s Liability. SELLER HEREBY EXPRESSLY WAIVES ALL CLAIMS AGAINST N&B, AND N&B SHALL NOT BE LIABLE TO SELLER FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR AS A RESULT OF, THE SALE, DELIVERY, NON-DELIVERY, SERVICING, USE OR LOSS OF USE OF THE PRODUCTS OR ANY PART THEREOF, OR FOR ANY CHARGES OR EXPENSES OF ANY NATURE INCURED WITHOUT N&B’S EXPRESS WRITTEN CONSENT, EVEN THOUGH N&B HAS BEEN NEGLIGENT, AND SELLER INDEMNIFIES AND AGREES TO HOLD N&B HARMLESS FROM ANY AND ALL SUCH CLAIMS OF DAMAGE BY SELLER OF OTHERS. N&B SHALL NOT INCUR ANY LIABILITY UNDER ANY CLAIM MADE BY SELLER UNDER THIS AGREEMENT OR OTHERWISE EXCEEDING THE PURCHASE PRICE OF THE PRODUCT IN RESPECT TO WHICH DAMAGE ARE CLAIMED. SELLER INDEMNIFIES N&B FROM ALL THIRD PARY PRODUCTS LIABILITY CLAIMS ARISING FROM THE USE OF SELLER’S PRODUCTS, AND SELLER AGREES TO PAY THE ATTORNEYS FEES AND COST OF DEFENSE OF ANY PRODUCTS LIABILITY ACTION OR CLAIM BROUGHT AGAINST N&B ARISING FROM USE OF SELLER’S PRODUCTS. The Buyer’s liability for loss or damages on any claim is limited by the previous provisions hereof and shall in no event be more than an amount equal to the sum paid seller by buyer for the specific equipment and/or services do not permit this. Buyer shall not be liable for any indirect, special, secondary, incidental or consequential damages, howsoever or whenever the same may arise. 12. TERMINATION: Seller and/or N&B may terminate the relationship, in whole or in part, with or without cause, by giving thirty (30) days’ notice in writing to the other party. 13. NOTICE: Any notice, communication or statement required or permitted to be given hereunder shall be in writing and deemed to have been sufficiently given when delivered by registered or certified mail, postage prepaid, return receipt requested, to the address of the respective party. Notices sent to N&B shall be addressed to: 0000 Xxxx Xxxxxxx, Xxxxxxxxx, Xxxx 00000. 14.

Appears in 1 contract

Samples: Terms and Conditions

Limitation of Buyer’s Liability. SELLER HEREBY EXPRESSLY WAIVES ALL CLAIMS AGAINST N&BGLF, AND N&B GLF SHALL NOT BE LIABLE TO SELLER FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR AS A RESULT OF, THE SALE, DELIVERY, NON-DELIVERY, SERVICING, USE OR LOSS OF USE OF THE PRODUCTS OR ANY PART THEREOF, OR FOR ANY CHARGES OR EXPENSES OF ANY NATURE INCURED WITHOUT N&BGLF’S EXPRESS WRITTEN CONSENT, EVEN THOUGH N&B GLF HAS BEEN NEGLIGENT, AND SELLER INDEMNIFIES AND AGREES TO HOLD N&B GLF HARMLESS FROM ANY AND ALL SUCH CLAIMS OF DAMAGE BY SELLER OF OTHERS. N&B GLF SHALL NOT INCUR ANY LIABILITY UNDER ANY CLAIM MADE BY SELLER UNDER THIS AGREEMENT OR OTHERWISE EXCEEDING THE PURCHASE PRICE OF THE PRODUCT IN RESPECT TO WHICH DAMAGE ARE CLAIMED. SELLER XXXXXX INDEMNIFIES N&B GLF FROM ALL THIRD PARY PRODUCTS LIABILITY CLAIMS ARISING FROM THE USE OF SELLER’S PRODUCTS, AND SELLER AGREES TO PAY THE ATTORNEYS FEES AND COST OF DEFENSE OF ANY PRODUCTS LIABILITY ACTION OR CLAIM BROUGHT AGAINST N&B GLF ARISING FROM USE OF SELLER’S PRODUCTS. The Buyer’s liability for loss or damages on any claim is limited by the previous provisions hereof and shall in no event be more than an amount equal to the sum paid seller by buyer for the specific equipment and/or services do not permit this. Buyer shall not be liable for any indirect, special, secondary, incidental or consequential damages, howsoever or whenever the same may arise.

Appears in 1 contract

Samples: Terms and Conditions

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Limitation of Buyer’s Liability. SELLER HEREBY EXPRESSLY WAIVES ALL CLAIMS AGAINST N&BGLF, AND N&B GLF SHALL NOT BE LIABLE TO SELLER FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR AS A RESULT OF, THE SALE, DELIVERY, NON-DELIVERY, SERVICING, USE OR LOSS OF USE OF THE PRODUCTS OR ANY PART THEREOF, OR FOR ANY CHARGES OR EXPENSES OF ANY NATURE INCURED WITHOUT N&BGLF’S EXPRESS WRITTEN CONSENT, EVEN THOUGH N&B GLF HAS BEEN NEGLIGENT, AND SELLER INDEMNIFIES AND AGREES TO HOLD N&B GLF HARMLESS FROM ANY AND ALL SUCH CLAIMS OF DAMAGE BY SELLER OF OTHERS. N&B GLF SHALL NOT INCUR ANY LIABILITY UNDER ANY CLAIM MADE BY SELLER UNDER THIS AGREEMENT OR OTHERWISE EXCEEDING THE PURCHASE PRICE OF THE PRODUCT IN RESPECT TO WHICH DAMAGE ARE CLAIMED. SELLER INDEMNIFIES N&B GLF FROM ALL THIRD PARY PRODUCTS LIABILITY CLAIMS ARISING FROM THE USE OF SELLER’S PRODUCTS, AND SELLER AGREES TO PAY THE ATTORNEYS FEES AND COST OF DEFENSE OF ANY PRODUCTS LIABILITY ACTION OR CLAIM BROUGHT AGAINST N&B GLF ARISING FROM USE OF SELLER’S PRODUCTS. The Buyer’s liability for loss or damages on any claim is limited by the previous provisions hereof and shall in no event be more than an amount equal to the sum paid seller by buyer for the specific equipment and/or services do not permit this. Buyer shall not be liable for any indirect, special, secondary, incidental or consequential damages, howsoever or whenever the same may arise.

Appears in 1 contract

Samples: Terms and Conditions

Limitation of Buyer’s Liability. SELLER HEREBY EXPRESSLY WAIVES ALL CLAIMS AGAINST N&BGLF, AND N&B GLF SHALL NOT BE LIABLE TO SELLER FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR AS A RESULT OF, THE SALE, DELIVERY, NON-DELIVERY, SERVICING, USE OR LOSS OF USE OF THE PRODUCTS OR ANY PART THEREOF, OR FOR ANY CHARGES OR EXPENSES OF ANY NATURE INCURED WITHOUT N&BGLF’S EXPRESS WRITTEN CONSENT, EVEN THOUGH N&B GLF HAS BEEN NEGLIGENT, AND SELLER INDEMNIFIES AND AGREES TO HOLD N&B GLF HARMLESS FROM ANY AND ALL SUCH CLAIMS OF DAMAGE BY SELLER OF OTHERS. N&B GLF SHALL NOT INCUR ANY LIABILITY UNDER ANY CLAIM MADE BY SELLER UNDER THIS AGREEMENT OR OTHERWISE EXCEEDING THE PURCHASE PRICE OF THE PRODUCT IN RESPECT TO WHICH DAMAGE ARE CLAIMED. SELLER XXXXXX INDEMNIFIES N&B GLF FROM ALL THIRD PARY PRODUCTS LIABILITY CLAIMS ARISING FROM THE USE OF SELLER’S PRODUCTS, AND SELLER AGREES TO PAY THE ATTORNEYS FEES AND COST OF DEFENSE OF ANY PRODUCTS LIABILITY ACTION OR CLAIM BROUGHT AGAINST N&B GLF ARISING FROM USE OF SELLER’S PRODUCTS. The Buyer’s liability for loss or damages on any claim is limited by the previous provisions hereof and shall in no event be more than an amount equal to the sum paid seller by buyer for the specific equipment and/or services do not permit this. Buyer shall not be liable for any indirect, special, secondary, incidental or consequential damages, howsoever or whenever the same may arise. 12.

Appears in 1 contract

Samples: Terms and Conditions

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