Limitation of Warranty. THE EXPRESS WARRANTIES SET FORTH HEREIN SHALL CONSTITUTE THE ONLY WARRANTIES APPLICABLE TO THE PRODUCT. TO THE EXTENT ALLOWED BY LAW, PANASONIC USA HEREBY EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, USE, OR APPLICATION, AND ALL OTHER OBLIGATIONS OR LIABILITIES ON PANASONIC USA’S PART, UNLESS SUCH OTHER WARRANTIES, OBLIGATIONS OR LIABILITIES ARE EXPRESSLY AGREED IN WRITING BY PANASONIC USA. TO THE EXTENT THAT LAW PROHIBITS A DISCLAIMER OF ANY SUCH WARRANTIES, PANASONIC USA HEREBY LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY. PANASONIC USA SHALL NOT BE RESPONSIBLE OR LIABLE IN ANY WAY FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY, OR FOR OTHER LOSS OR INJURY RESULTING FROM ANY CAUSE WHATSOVER ARISING OUT OF OR RELATED TO THE PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY DEFECTS IN THE PRODUCT, OR FROM USE OR INSTALLATION. IN NO EVENT SHALL PANASONIC USA BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOSS OF USE, LOSS OF PROFITS, LOSS OF PRODUCTION, OR LOSS OF REVENUES FOR ANY REASON WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST GOODWILL, WORK STOPPAGE, PRODUCT(S) FAILURE, IMPAIRMENT OF OTHER GOODS, INJURY TO PERSONS OR PROPERTY ARISING OUT OF OR RELATED TO THE PRODUCT(S). PANASONIC USA’S TOTAL LIABILITY, IF ANY, IN DAMAGES OR OTHERWISE, SHALL NOT EXCEED THE INVOICE VALUE PAID BY THE ORIGINAL OWNER FOR THE PRODUCT FURNISHED WHICH IS THE SUBJECT OF CLAIM OR DISPUTE.
Limitation of Warranty. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTY, AND EACH PARTY HEREBY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY OF THE MATERIALS, INFORMATION, SERVICES OR LICENSES PROVIDED PURSUANT TO THIS AGREEMENT.
Limitation of Warranty. Except as expressly provided in this section, InnovMetric makes no warranty, express or implied, with respect to the Licensed Products. Without limiting the generality of the foregoing, InnovMetric makes no warranty or merchantability or fitness for a particular purpose or that the Licensed Products are error free or that Licensee's use of the Licensed Products will be uninterrupted. InnovMetric will promptly correct all errors discovered within a period of ninety (90) days from delivery, upon notification by Licensee, if the following conditions are and were always respected since delivery date:
6.5.1 the Licensed Software is and was properly used as set forth in the Licensed Materials;
6.5.2 the Licensed Products were not changed nor modified by Licensee or a third party upon Licensee's request.
6.5.3 the Licensed Products were not used in ultrahazardous activities;
6.5.4 the Licensed Products have not been subjected to abnormal physical or electrical stress, misuse, negligence or accident.
Limitation of Warranty. The liability of the Company for breach of this warranty shall, in any case, be limited to the cost of a new part to replace any part which proves to be defective. The Company makes no representations or warranties of any character as to accessories or auxiliary equipment not manufactured by the Company. REPAIR OR REPLACEMENT AS PROVIDED UNDER THIS WARRANTY IS THE EXCLUSIVE REMEDY OF THE CUSTOMER. MILE HIGH EQUIPMENT SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY ON THIS PRODUCT. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ON THIS PRODUCT IS LIMITED IN DURATION TO THE LENGTH OF THIS WARRANTY.
Limitation of Warranty. MEC MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED (INCLUDING THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) EXCEPT THOSE SET FORTH IN SECTION 17 ABOVE.
Limitation of Warranty. 20 5.4 Actions with Respect to Transferred Interests....
Limitation of Warranty. EXCEPT AS EXPRESSLY WARRANTED IN SECTION 8 ABOVE, EACH PARTY EXPRESSLY DISCLAIMS ANY FURTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Warranty. 8.1. The Supplier warrants the Supply to be materially in accordance with the product specific tolerances stated in the specifications of the Contract at the time of Delivery. Reasonable deviations thereof shall be accepted by the Customer. To the extent allowed by applicable law, the warranty period shall start upon Delivery and shall be six months unless the specifications of the Supply specify a shorter warranty period or shelf life.
8.2. The Warranties are subject to: (i) no repairs, modifications or alterations being made to the Product other than by the Supplier or its authorized representatives; (ii) Customer handling, using, storing, installing, operating and maintaining the Products in compliance with any parameters or instructions in any specifications attached to or incorporated into the Contract, including but not limited to executing drying and heating-up in compliance with given instructions; (iii) compliance with all generally accepted industry standards; (iv) Customer discontinuing use of the Product after it has, or should have had, knowledge of any defect; (v) Customer providing prompt written notice of any warranty claims as specified in Clause 8.3 within the warranty period described below
8.3. The Customer shall immediately inspect the Supply upon Delivery and shall, within one week thereafter, give written notice if the Products do not conform to the Contract, specifying in detail the alleged defect. Failing this, the Supply shall be deemed to be accepted by the Customer and the Customer’s respective warranty claims shall be excluded to the extent permitted by law. The Customer shall notify defects, which cannot be discovered at the time of careful inspection but which the Customer detects during the warranty period, within one week following detection thereof. Defective Supply may be returned by the Customer only with the Supplier’s prior written consent.
8.4. In case of Supply involving commissioning and / or installation the Customer shall accept the Supply upon completion or on request of the Supplier, including any partial performance, within five calendar days through an acceptance report to be drawn up by both Parties. Failing this, the Supply shall be deemed accepted by the Customer. All warranty claims relating to the Supply must be recorded and particularly described in the acceptance report or shall be deemed to be waived by the Customer. By putting the Supply into operation, it shall be deemed to be accepted by the Custome...
Limitation of Warranty. 7.1 To the extent permitted by law, this Warranty is exclusive and is in lieu of all other express or implied warranties, conditions and representations of merchantability or fitness for any particular purpose, whether statutory or otherwise.
7.2 Without limiting the generality of clause 7.1, no warranty is given and Komatsu disclaims and excludes all express and implied warranties, conditions and representations in respect of:
(a) service other than Service provided by Komatsu or Komatsu Service; or
(b) Defects or defects caused or contributed to, or arising as a result of, or in connection with, any service which are not supplied by either the OEM or Komatsu or Komatsu Service, or for and on behalf of Komatsu, provided that nothing shall limit the warranties provided to You independently by any supplier of such service.
7.3 The liability of Komatsu to You for loss, damage, injury or property damage, whether direct or indirect, special or consequential or otherwise, arising out of breach of this Warranty, shall be limited to requiring Komatsu to comply with clause 2.2.
7.4 Komatsu shall not be liable to You or to any other third parties in contract, tort or equity, for breach of any statute (to the fullest extent permitted by law) or in any other action, including but not limited to:
(a) direct or indirect loss of profit or revenue, loss of use of any Machine, Part, part, component, or associated equipment, cost of capital, cost of substituted equipment, facilities or service, downtime costs, labour costs in connection with or arising out of the supply, performance or use of the Machine or any Part or any Service or service performed by Komatsu; or
(b) any direct or indirect losses or special or consequential loss or damage or otherwise of any kind whatsoever, arising directly or indirectly from any act, omission, breach, error, default, or delay of Komatsu or its employees or representatives in connection with, or arising out of, the supply, performance or use of the Service in the performance of, or in relation to this Warranty.
7.5 Nothing herein shall limit those provisions of any statutes, rules or regulations from time to time in force which imply or guarantee certain conditions or warranties or impose obligations on Komatsu which conditions, warranties and obligations cannot, or cannot except to a limited extent be excluded, restricted or modified. If any such statutory provisions apply, then to the extent to which Komatsu is entitled to do so, its...
Limitation of Warranty. The Washington State Crop Improvement Association (WSCIA) is the Washington State Department of Agriculture Director's
