LIMITATION OF REMEDY AND DAMAGES Sample Clauses

LIMITATION OF REMEDY AND DAMAGES. Ariens Company's liability under this warranty, and under any implied warranty that may exist, is limited to repair of any defect in workmanship, and repair or replacement of any defective part. Ariens Company shall not be liable for incidental, special, or consequential damages (including lost profits). Some states do not allow the exclusion of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
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LIMITATION OF REMEDY AND DAMAGES. AriensCo liability under this warranty, and under any implied warranty that may exist, is limited to repair of any defect in workmanship, and repair or replacement of any defective part. AriensCo shall not be liable for incidental, special, or consequential damages (including lost profits). Some states do not allow the exclusion of incidental or consequential damages, so the above limitation or exclusion may not apply to you. AriensCo shall not be held liable for damages, including premature wear and tear, or injuries caused by installation of unauthorized parts and accessories or for parts and accessories not installed by an authorized Ariens dealer.
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LIMITATION OF REMEDY AND DAMAGES. All claims under this warranty must be made in writing and delivered to Xxxx Inc., 000 X Xxxxxxx Xx. Xxxxxxxxx, XX 00000 within 15 days after discovery of the defect and prior to the expiration of 60 months from the date of shipment by Xxxx Inc. of the product claimed defective, and Buyer shall be barred from any remedy if Buyer fails to make such claims within such period. Within 30 days after receipt of a timely claim, Xxxx Inc. shall have the option either to inspect the product while in Buyer’s possession or to request Buyer to return the product to Xxxx Inc. at Buyer’s expense for inspection by Xxxx Inc.. Xxxx Inc. shall replace, or at its option repair, free of charge any product it determines to be defective, and it shall ship the repaired or replacement product to Buyer F.O.B. point of shipment. Xxxx Inc. is not responsible for the cost of removal of the defective product or part, damages due to removal, or any expenses incurred in shipping the product of part to or from Xxxx Inc. plant, or the installation of the repaired or replaced product or part. Implied warranties, when applicable, shall commence upon the same date as the express warranty provided above, and shall expect for warranties of title, extend only for the duration of the express warranty provided above. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. The only remedy provided to you under an applicable implies warranty and the express warranty shall be the remedy provided under the express warranty, subject to terms and conditions contained therein. Xxxx Inc. shall not be liable for incidental and consequential losses and damages under the express warranty, any applicable implied warranty, or claims for negligence, except to the extent that his limitation is found to be unenforceable under applicable state law. Some states do not allow exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. The warranty gives you specific legal rights, and you may also have other rights which vary from state to state. No employee, agent, dealer, or other person is authorized to give any warranties on behalf of Xxxx Inc. or to assume for Xxxx Inc. any other liability in connection with any of its products except in writing and signed by an officer of Xxxx Inc. TECHNICAL ADVICE AND RECOMMENDATION DISCLAIMER: Notwithstanding any past practice or dealings or any cus...
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LIMITATION OF REMEDY AND DAMAGES. All claims under this warranty must be made in writing and delivered by U.S. Mail to: North American Kitchen Solutions, Inc. 000 Xxxxxx Xxxxx Elyria, OH 44035 Attn: WARRANTY CLAIMS DEPARTMENT All Product claims must be made within 15 days after discovery of the defect and prior to the expira- tion of two years from the date of shipment. Claims made beyond that period are barred. Within 30 days after receipt of a timely claim, North American Kitchen Solutions shall have the option either to inspect the Product at its location or request its return to North American Kitchen Solutions at your expense. North American Kitchen Solutions shall replace, or at its option repair, free of charge, any Product it determines to be defective, and it shall ship the repaired or replacement product to you F.O.B. point of shipment; provided, however, if in North American Kitchen Solutions’ judgment cir- cumstances are such to prohibit repair or replacement to remedy the warranted defects, your sole and exclusive remedy shall be a refund of any part of the invoice price, paid to North American Kitchen Solutions, for the defective Product or part. North American Kitchen Solutions is not responsible for the cost of removal of the defective Product or part, damages due to removal, or any expenses incurred in shipping the Product, or the installation of the repaired or replaced Product or part. The warranties set forth above do not apply to any components, accessories, parts or attachments manufactured by other manufacturers; such being subject to the manufacturer’s warranty, if any. To the extent not prohibited by the manufacturer’s warranty, North American Kitchen Solutions shall pass to you such manufacturer’s warranty. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MER- CHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE HEREBY EXPRESSLY DISCLAIMED AND WAIVED. THIS WARRANTY CONSTITUTES NORTH AMERICAN KITCHEN SO- LUTIONS’ SOLE AND EXCLUSIVE WARRANTY FOR DEFECTIVE GOODS AND PURCHASER’S SOLE AND EXCLUSIVE REMEDY FOR DEFECTIVE PRODUCTS. No employee, agent, dealer, or other person is authorized to give any warranties on behalf of North American Kitchen Solutions or to assume for it any other liability in connection with any of its products except in writing and signed by an officer of North American Kitchen Solutions.
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LIMITATION OF REMEDY AND DAMAGES. Seller’s entire liability and Buyer’s sole and exclusive remedy for any and all losses and damages for any cause of action arising out of this contract, whether based on contract, negligence, or otherwise with respect to the Products shall be limited, at Seller’s option, to replacement of the nonconforming or defective Products or credit to Buyer in an amount not to exceed the purchase price of such Products less scrap value. Buyer must make all claims for defective Products, breach of the limited warranty herein, or for any breach of this contract, in writing within sixty (60) days of receipt of the Products. Failure to make such claims within sixty (60) days of receipt will be deemed a waiver of those claims. Buyer shall give the Seller a full and reasonable opportunity to investigate all claims and reasonable opportunity to correct the problem. IN NO EVENT SHALL SELLER BE AT LAW OR IN EQUITY LIABLE FOR ANY LOSS, LIABILITY, DAMAGE OR EXPENSE IN AN AMOUNT IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT LESS SCRAP VALUE OR PART ON WHICH SUCH LIABILITY IS BASED OR FOR LOSS OF USE OR PROFITS, LOSS OF BUSINESS, EXPENSES OR COSTS ARISING FROM OR ALLEGED TO ARISE FROM BUSINESS INTERRUPTION, ATTORNEY’S FEES OR CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE, TORT, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY OR OTHER BREACH OF DUTY OF OR BY SELLER.
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Related to LIMITATION OF REMEDY AND DAMAGES

  • Limitation of Remedies and Damages In the event there is any dispute under this Agreement, the aggrieved party shall not be entitled to exemplary or punitive damages so that the aggrieved party’s remedy in connection with any action arising under or in any way related to this Agreement shall be limited to a breach of contract action and any damages in connection therewith are limited to actual and direct damages, except that CDF may seek equitable relief in connection with any judicial repossession of, or temporary restraining order with respect to, the Collateral.

  • Limitation of Remedy The only remedy that the Taxpayer shall have in the event of breach or alleged breach by GO-Biz, shall be the normal administrative and judicial rights accorded to a taxpayer in the state of California who has been denied a tax credit claimed on their return.

  • Limitation of Remedies The Credit Enhancement Provider shall not have the right to cause the Loan or any portion thereof to become due and payable prior to the due date for the Loan as set forth herein.

  • LIMITATION OF REMEDIES AND LIABILITY A. SM is solely responsible for all maintenance services that SM performs. HP is not liable for any damage to HP Products repaired by SM, whether in or out of warranty. In addition, HP is not responsible for the quality or punctuality of repairs made by SM.

  • Limitation of Liability and Damages NEITHER CCH NOR ITS VENDORS AND LICENSORS SHALL HAVE ANY LIABILITY TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, SALES, BUSINESS, DATA, OR OTHER INCIDENTAL, CONSEQUENTIAL, OR SPECIAL LOSS OR DAMAGE, INCLUDING EXEMPLARY AND PUNITIVE DAMAGES, OF ANY KIND OR NATURE RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER. EXCLUDING CCH’S OBLIGATIONS TO INDEMNIFY CUSTOMER FOR INTELLECTUAL PROPERTY INFRINGEMENT AS PROVIDED IN SECTION 16 OR CCH’S WILFULL MISCONDUCT, THE TOTAL LIABILITY OF CCH AND ITS VENDORS AND LICENSORS TO CUSTOMER OR ANY THIRD PARTY ARISING OUT OF THIS AGREEMENT, THE PRODUCT, AND ANY SERVICES RENDERED HEREUNDER FOR ANY AND ALL CLAIMS OR TYPES OF DAMAGES SHALL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE HEREUNDER BY CUSTOMER DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY. The allocations of liability in this Section 17 represent the agreed, bargained-for understanding of the parties and CCH’s compensation hereunder reflects such allocations. The limitation of liability and types of damages stated in the Agreement are intended by the parties to apply regardless of the form of lawsuit or claim a party may bring, whether in tort, contract or otherwise, and regardless of whether any limited remedy provided for in the Agreement fails of its essential purpose.

  • LIMITATION OF LIABILITY AND REMEDIES Esri will use commercially reasonable efforts to provide corrections or workaround solutions for any problem or issue reported and determined to be in the Software or the documentation at no cost to Licensee for the term of this Agreement. While it is Esri's goal to provide an acceptable resolution for incoming problems/issues and incidents, Esri cannot predict a resolution time and is unable to guarantee that all problems or issues can be resolved or addressed. EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, ESRI DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI DOES NOT WARRANT THAT THE SOFTWARE OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. If Esri fails to fulfill its obligations under this Agreement, Licensee's sole and exclusive remedy is the right to terminate this Agreement immediately for the affected Software. IN NO EVENT SHALL ESRI BE LIABLE TO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS; LOST SALES OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR USE OF THE SOFTWARE OR DOCUMENTATION, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ESRI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

  • Limitation on Remedies In addition to any other limitation on remedies or limitations of liability set forth in our Terms of Service or in applicable law or regulations, the Company shall not be liable for any delay or failure to provide Service at any time or from time to time, or any interruption or degradation of Service quality that is caused by any of the following: (a) an act or omission of an underlying carrier, service provider, vendor or other third party; (b) equipment, network or facility failure, including failure caused by the loss of power; (c) equipment, network or facility upgrade or modification; (d) force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions; (e) equipment or facility shortage; (f) equipment or facility relocation; (g) any act or omission by you or any person using your Service; (h) theft, fraud or abuse of Service; or (i) any other cause that is beyond the Company’s reasonable control. THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM UNDER THIS AGREEMENT, INCLUDING FOR ANY EXPRESS OR IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US FOR THE AFFECTED SERVICE OR FACILITIES, WHETHER SUCH CLAIM OR REMEDY IS SOUGHT IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. TO THE EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR TREBLED OR ENHANCED DAMAGES, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST BUSINESS, OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER SUCH DAMAGES ARE CLAIMED FOR BREACH OF CONTRACT, NEGLIGENCE OR OTHERWISE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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