Limitation of liability for defects Sample Clauses

Limitation of liability for defects. This paragraph should be considered with ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ . ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ , ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ .

Limitation of liability for defects a. Seller shall not be liable for goods of a consumable nature, or where any unauthorised repair or alteration to the Equipment has been performed by the Purchaser, for faulty construction work, unsuitable subsoil, failure to back up or inadequate backing up of data by the Purchaser; failure to check or inadequate checking of programs and data for computer viruses (as defined in Clause 10.3) by the Purchaser, unusual effects of any kind (e.g. vibrations from other assemblies, ingress of foreign matter), chemical, electrochemical or electrical influences. b. For non-Seller products, warranty conditions of the manufacturer of the non-Seller Equipment will apply and prevail. c. Except as otherwise specifically provided in this Contract, Seller makes no other representations or warranties of any kind, whether express, implied, statutory, at law, in equity or otherwise including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose and Seller disclaims all liability in this regard, to the maximum extent permitted by applicable law. The parties hereby agree that Seller’s liability for any latent defects shall be limited to the Defect Liability Period as set out in this Clause 8 and any such liability will be limited to the repair or replacement of the impugned Equipment (i.e., specifically those Equipment that has been proven to suffer from a latent defect) as per Clause 8.3 and this shall be the sole and exclusive remedy available to the Purchaser under this Contract or otherwise.

Limitation of liability for defects. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR REVENUE, OR INTERRUPTION OF BUSINESS IN ANY WAY ARISING OUT OF OR RELATED TO THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF ANY REPRESENTATIVE OF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Any original Product, which proves defective in workmanship or materials, will be repaired, replaced, or refund charges on any instrument (at CoreLink's discretion), at no cost if an instrument fails to perform satisfactorily. The maximum liability that can be assumed by CoreLink for breach of warranty shall be the invoice price of the Product. In no event shall CoreLink be liable for defects and damage which may occur outside of its premises as a result of transportation and subsequent storage, improper handling, incorrect use, negligence, improper use, improper cleaning and handling, improper opening techniques, unauthorized repair work, caustic or abrasive cleaners, or other tampering with the supplied item that changes the guarantee or as the result of wear.

Limitation of liability for defects. The delivery is made with five years’ supplier liability for defects in accordance with the rules in AB 18, Section 12, paragraph 5. On defective delivery, the Seller must perform re-delivery as soon as possible. The Buyer may not otherwise raise any claims against the Seller, which thus inter alia does not cover any losses of the Buyer due to direct and indirect consequential damage.

Limitation of liability for defects. The Company shall not be liable for any claims arising out of any liability for Defects under paragraph 12.1. GTC, in the event: (i) any use of the Deliverables in violation of the Agreement, the GTC, the Documentation and/or the Materials; or (ii) any unauthorized modification or alteration of the Deliverables; or (iii) use of the Deliverables in combination with third party software or hardware not authorized by Company; or (iv) Force Majeure; or (v) corrosive environment, excessive use, lightning strike, electrical failure, neglect, carelessness, accident, harmful, improper or unusual use of equipment used in connection with the Result of the Services provided; or (vi) any defect or failure due to misuse, improper installation or improper operation of the Result of Services provided; or (vii) any other act, omission or interference by the Customer and/or any third party which the Customer has allowed to so interfere with the Result of Services provided, or which has failed to prevent such interference; or (viii) delay in notifying the Company of any defect or failure in the Outcome of the Services provided; or (ix) if the Customer is in default in any payment to the Company.