LIMITATION OF WARRANTY/LIABILITY Sample Clauses

LIMITATION OF WARRANTY/LIABILITY. 11.1 The Customer acknowledges that it acquires the goods for its own business use or supplies them to other persons for business use and all guarantees and remedies in the Consumer Guarantees Act 1993 are excluded. The Customer further agrees that the conditions, warranties and guarantees set out in the Contract and Commercial Law Act 2017 or implied by the common law will not apply and are expressly excluded from these Terms. 11.2 The Customer acknowledges that it must rely upon its own judgment as to the nature, quality and condition of the goods supplied by Wine Network and as to their sufficiency for any use or purpose and the Customer acknowledges that Wine Network is under no duty to ascertain the suitability of the goods for any purpose whatsoever and that no such representation has been made by Wine Network. 11.3 Except for any express written warranty in these Terms or otherwise provided to the Customer, Wine Network provides no other warranty, expressed or implied, including any implied warranty of merchantability or fitness for purpose or otherwise and any warranties expressed or implied by law or statute, in respect of the goods whether in respect of quality, fitness for intended purposes or otherwise, are excluded to the extent that such law or statutes permits exclusion. 11.4 Subject to clause 7 of these Terms, the parties acknowledge and agree that in no event will Wine Network or its officers, principals, employees, contractors or agents have any liability to the Customer arising out of or connection with these Terms or the use or performance of any goods and without limiting the foregoing, the parties agree that Wine Network shall not in any case whatsoever be liable for: (a) Any special, incidental, indirect, punitive or consequential Damages; loss of profit, revenue, goodwill, use or the costs of procuring substitute goods. (b) Damages exceeding, in the aggregate, the value of the payments actually received by Wine Network from the Customer under these Terms in the preceding 12 months; or (c) Damages in respect of any claim made: (i) more than six months from the date the Customer becomes aware of the circumstances leading to that claim; or (ii) more than 12 months after the relevant cause of action arise.
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LIMITATION OF WARRANTY/LIABILITY. The liability of Seller to Purchaser under this Agreement on account of any Deficiency shall not extend beyond the actual repair or replacement thereof at straight time commercial shipyard or ship repair yard rates including the cost of the drydocking and dockage of the Vessel, if necessary, and any tariffs, imposts or levies incurred in connection therewith, plus the actual cost of any investigation by Purchaser or any subcontractor required to determine the cause of a Deficiency including, without limitation, the cost of repair parts, material, testing, and any charges or expenses reasonably incurred by Purchaser in connection therewith. The Seller shall not be liable to Purchaser for any damage to the Vessel or its equipment or cargo or other property of Purchaser or for consequential damages of Purchaser arising out of any such Deficiency, except that in the event any Deficiency in any item of machinery or equipment furnished by Seller or its subcontractors or in the event that any workmanship or material furnished by Seller in performance of work upon any of the Vessel's machinery or equipment, gives rise to a Deficiency causing any damage to such items of machinery or equipment, Seller shall be liable not only for the cost of correcting or repairing such Deficiency, but also shall be liable for the cost of correcting or repairing such damage to such item of machinery or equipment caused by such Deficiency. Any work required to be performed pursuant to the provisions of this Article 10 shall be carried out, if practicable and at Purchaser's option, at the Shipyard. The Seller may, with the consent of Purchaser, have such work performed by its subcontractor, another shipyard or repair facility. The Purchaser may, however, have such work performed by the vessel crew, or by a shipyard or ship repair yard at any port satisfactory to it and in that event Seller shall be liable to Purchaser for the expense thereof at the straight time commercial shipyard or ship repair yard rates prevailing in such port areas, including the cost of dockage of the Vessel, if necessary. In all events, Purchaser shall bring the Vessel to the site where repairs are to be effected at its own cost. In the case of repairs made by the crew, Purchaser shall make a reasonable effort to consult with Seller prior to making such repairs, and shall provide such documentation as reasonably requested by Seller to establish the nature of the Deficiency. In any event, unless otherwise agreed...
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LIMITATION OF WARRANTY/LIABILITY. 8.1 Where the Client acquires the Services, End Work or other Incidentals for the Client's business use or investment purposes all implied warranties, guarantees and remedies in the Consumer Xxxxxxxxxx Xxx 0000 are excluded. The Client further agrees that the conditions, warranties and guarantees set out in the Sale of Goods Xxx 0000 or implied by the common law will not apply and are expressly excluded from these Terms. 8.2 Blue Ink is very concerned about client satisfaction and will endeavour to take all reasonable care in its supply of Services, End Work or other Incidentals. However, the parties agree that Blue Ink and its officers, employees or contractors shall not in any case whatsoever be liable for: (a) Any special, incidental, indirect, punitive or consequential Damages; loss of profit, revenue, goodwill, use or the costs of procuring substitute End Works or Services. (b) Damages, in the aggregate, exceeding the value of the payments actually received by Blue Ink from the Client under these Terms in the preceding 12 months; or (c) Damages in respect of any claim made: (i) more than 6 months from the date the Client becomes aware of the circumstances leading to that claim; or (ii) more than 12 months after the relevant cause of action arose; (iii) The Client's failure to comply with relevant Legislation and legal requirements relevant to the client's business, sales, marketing or technical operations; (iv) Any matter related to the events stipulated in clause 8.3. 8.3 From time to time Blue Ink may recommend, suggest or introduce to the Client a third party supplier. The parties agree that any contracts entered into by the Client with third party suppliers are contracts directly between the Client and the third party supplier ("Third Party Contracts"). The parties agree that Blue Ink shall not in any case whatsoever be liable for Damages in respect of Third Party Contracts.
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LIMITATION OF WARRANTY/LIABILITY. CUSTOMER understands that ECS makes no guarantees, beyond those stipulated in writing, as to CUSTOMERS satisfaction or as to the usability of any and all programming/service work performed on or after the date of this contract. ECS, in no way, guarantees that software/programming work will be free from “bugs” / defects within the product AND cannot be held liable for loss or damage, direct, consequential, or incidental arising out of the use of provided software/programming OR the inability to utilize software/programming products as desired.
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LIMITATION OF WARRANTY/LIABILITY. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EACH PARTY TOGETHER WITH ALL OF ITS AFFILIATES ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER AND ITS AFFILIATES HEREUNDER FOR THE SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, BUT WILL NOT LIMIT CUSTOMER'S AND ITS AFFILIATES’ PAYMENT OBLIGATIONS UNDER THE “FEES AND PAYMENT” SECTION ABOVE. HOWEVER, IN ANY CASE, THE TOTAL AMOUNT OF GOURBAN'S LIABILITY IS LIMITED WITH ITS RESPECTIVE INSURANCE LIABILITY SUM. FURTHERMORE, THE PARTIES EXPRESSLY AGREE THAT ANY RIGHTS OR CLAIMS UNDER § 933B OF THE AUSTRIAN CIVIL CODE (ALLGEMEINES BÜRGERLICHES GESETZBUCH), – DEALER RECOURSE – ARE HEREBY EXCLUDED TO THE EXTENT PERMITTED BY LAW. THE CUSTOMER WAIVES ANY RECOURSE CLAIMS AGAINST XXXXXXX UNDER THE SAID PROVISION AND ACKNOWLEDGES THAT THIS WAIVER IS REFLECTED IN THE PRICING OF THE SERVICES/PRODUCTS PROVIDED UNDER THIS AGREEMENT. THE CUSTOMER EXPRESSLY ACKNOWLEDGES AND AGREES THAT IT IS NOT UNFAIRLY DISADVANTAGED BY THIS EXCLUSION. THE PARTIES AGREE THAT ANY AND ALL WARRANTY CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICES OR PRODUCTS PROVIDED HEREUNDER MUST BE BROUGHT BEFORE THE COMPETENT COURT WITHIN 1 (ONE) YEAR OF THE DATE ON WHICH THE CLAIM AROSE. ANY WARRANTY CLAIMS NOT BROUGHT WITHIN THIS 1 (ONE) YEAR PERIOD SHALL BE DEEMED IRREVOCABLY WAIVED, RELEASED, AND EXPIRED. NOTWITHSTANDING THE FOREGOING PROVISIONS, THE PARTIES EXPRESSLY AGREE THAT GOURBAN SHALL HAVE NO OBLIGATION TO PROVIDE UPDATES, UPGRADES, ENHANCEMENTS, MODIFICATIONS, OR NEW RELEASES ("UPDATES") OF THE SOFTWARE/PRODUCT/SERVICE PROVIDED UNDER THIS AGREEMENT UNLESS OTHERWISE MUTUALLY AGREED UPON IN WRITING. NOTWITHSTANDING THE FOREGOING PROVISIONS, GOURBAN SHALL BE LIABLE TO THE CUSTOMER FOR DAMAGES – WITH THE EXCEPTION OF PERSONAL INJURY – ONLY IN THE CASE OF GROSS NEGLIGENCE (INTENTION OR GROSS NEGLIGENCE). THIS APPLIES MUTATIS MUTANDIS ALSO FOR DAMAGES RESULTING FROM THIRD PARTIES ENGAGED BY XXXXXXX. CLAIMS FOR DAMAGES BY THE CUSTOMER MAY ONLY BE ASSERTED IN COURT WITHIN 1 (ONE) YEAR OF KNOWLEDGE OF THE DAMAGE AND THE DAMAGING PARTY, AFTER THE EVENT GIVING RISE TO THE CLAIM. HOWEVER, IN ANY CASE, IT IS THE RESPONSIBILITY OF THE CUSTOMER TO PROVE THAT THE DAMAGE IS ATTRIBUTABLE TO A FAULT BY XXXXXXX. MOREO...
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LIMITATION OF WARRANTY/LIABILITY. 6.1 The provisions of this paragraph shall operate to limit the liability of the Vendors under or in connection with the Warranties and references to "such liabilities" shall be construed accordingly. The parties agree as follows: 6.1.1 no such liabilities shall attach to the Vendors unless the aggregate amount of such liabilities shall exceed the total sum of (pound)1,000 but if such liabilities shall exceed that sum the Vendors shall be liable for the whole of such liabilities and not merely for the excess; 6.1.2 the aggregate amount of such liabilities shall not exceed (pound)24,600; 6.1.3 claims against the Vendors in relation to the Warranties shall be wholly barred and unenforceable unless written particulars of such claims (giving reasonable details of the specific matter or claim in respect of which such claims are made so far as then known to Xxxxxx) shall have been given to the Vendors prior to the first anniversary of this agreement; and 6.1.4 if the Vendors make any payment by way of damages for breach of the Warranties and within twelve months of the making of the relevant payment the Company or Xxxxxx receives any benefit otherwise than from the Vendors which would not have been received but for the circumstances giving rise to the claim in respect of which the damages payment was made, Xxxxxx shall, once it or the Company, as the case may be, has received such benefit, forthwith repay to the Vendors an amount equal to the lesser of (a) the amount of such benefit and (b) the damages payment in question.
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LIMITATION OF WARRANTY/LIABILITY. In no event shall either XXXXXX XX or CHEVRON PRODUCTS be liable to the other for any incidental, consequential or punitive damages arising out of any breach of the foregoing warranties, even if it has been advised of the possibility of such damages, except to the extent such damages are caused by its willful misconduct.
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LIMITATION OF WARRANTY/LIABILITY. Except as provided in Article 6.1 above BI PHARMA KG makes no warranty of any kind, express or implied. BI PHARMA KG shall be liable for [...***...] and, except for [...***...], BI PHARMA KG shall [...***...].
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LIMITATION OF WARRANTY/LIABILITY. The liability of Given Japan under this warranty is limited to [***Redacted***].
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Related to LIMITATION OF WARRANTY/LIABILITY

  • Disclaimer of Warranty; Limitation of Liability YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICE AND A CSC ARE AT YOUR OWN RISK. NEITHER REGISTRY, CTIA, NOR EACH OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBCONTRACTORS OR AGENTS WARRANT THAT THE SERVICE OR A CSC WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR A CSC OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT WITHIN THE SERVICE. THE SERVICE IS PROVIDED ON AN "AS IS, "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TESTING AND APPROVAL OF A CSC APPLICATION DOES NOT ENSURE THAT IT WILL RUN WITHOUT ERROR OR THAT IT WILL NOT OTHERWISE CAUSE HARM TO YOU, YOUR CUSTOMERS OR END USERS OR PARTICIPATING CARRIERS. IN NO EVENT WILL REGISTRY, CTIA, NOR EACH OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBCONTRACTORS AND AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT YOUR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE OR A CSC, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, INACCURATELY ENTERED DATA, UNAUTHORIZED USE, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO INSTITUTIONS RECORDS, PROGRAMS OR SERVICES. YOU AGREE THAT THE FOREGOING LIMITATIONS OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK. IN NO EVENT, SHALL REGISTRY, CTIA, AND EACH OF THEIR RESPECTIVE PARENTS, SUBSIDIARIES, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, SUBCONTRACTORS AND AGENTS BE LIABLE TO YOU FOR ANY AMOUNT EXCEEDING THE AMOUNT OF FEES PAID BY YOU FOR A CSC REGISTRATION. THIS PROVISION SHALL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT.

  • Warranty Liability 6.1 The Seller represents and warrants that: (i) the Goods shall comply with all specifications and requirements contained in the Order or agreed in writing between the Buyer and Seller; (ii) the Goods shall be state of the art and new; (iii) the Goods shall be fit for the particular purposes that such specific Goods will usually be expected to be used for; (iv) the Goods shall be free from defects in design, materials and workmanship; (v) the Goods shall satisfactorily comply with the performance requirements expected by the Buyer; and (vi) the Goods shall meet all applicable statutory requirements and standards, especially those relating to the environment, safety and health (individually “Warranty” and collectively the “Warranties”). Any representations or warranties relating to the Goods and included in the Seller's catalogues, brochures, proposals, sales literature and quality systems or otherwise made by the Seller to the Buyer (whether verbally or in writing) shall be binding on Seller. The Seller warrants the adequacy of the technical specifications of the Order to meet the specific needs of the Buyer, and the Seller acknowledges having examined those specifications thoroughly. 6.2 The Seller warrants that all Goods sold and delivered to the Buyer (whether in terms of clause 4.1 or otherwise) are free from any lien or encumbrance of any nature whatsoever and upon delivery (whether in terms of clause 4.1 or otherwise), of the Goods to the Buyer, free and unencumbered ownership of the Goods shall pass to the Buyer upon receipt of payment for the Goods and thereafter the Buyer will be the sole owner of, and have valid and exclusive title to, the Goods. The Seller warrants further that no third party shall have any right to acquire the Goods. 6.3 The Seller warrants that the Goods will comply with the Manufacturers’ Warranty from date of delivery thereof. 6.4 If any Goods at any time are found not to comply with the Manufacturers’ Warranty, the Buyer shall be entitled, at its sole discretion, by written notice to the Seller to: (a) rescind the Order according to the provisions of clause 10 (Termination); (b) accept such Goods with a reduction in price equal to a reasonable estimate of the reduced utility of the Goods to the Buyer; or

  • 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.

  • Warranty; Limitation of Liability 6.1 Nothing in this Agreement shall be deemed a warranty and any and all warranties in respect of the Program are exclusively set forth in the warranty policy available at xxx.xxxxxxxxxxx.xxx or upon Licensee's request. 6.2 In no event shall Licensor (including its officers, directors, employees and agents and its suppliers and licensors) be liable to Licensee (including any other entity or person related to or affiliated with Licensee) for any incidental, consequential, indirect, special or punitive damages whatsoever, or for any lost profits or revenue, lost business opportunities, lost or inaccessible data or information, or other pecuniary loss, arising out of or relating to this Agreement or the subject matter hereof, whether liability is asserted in contract or tort (including negligence or strict product liability) or otherwise, and irrespective of whether Licensor (including its officers, directors, employees and agents and its suppliers and licensors) has been advised of the possibility of any such damage or loss. 6.3 In no event shall Licensor's (including its officers, directors, employees and agents and its suppliers and licensors) aggregate liability under or arising out of or relating to this Agreement or the subject matter hereof exceed the Fees paid by Licensee to Licensor hereunder for the license of the applicable Program. LICENSEE ACKNOWLEDGES THAT THE PRICING OF THE PROGRAM AND THE OTHER TERMS AND CONDITIONS OF THIS AGREEMENT REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT LICENSOR WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF ITS LIABILITY. 6.4 The limitations of liability in Sections 6.1 and 6.2 above do not apply (a) with respect to product liability arising under laws implementing Council Directive 85/374/EEC of 25 July 1985 on the approximation of the laws, regulations and administrative provisions of the Member States concerning liability for defective products, to the extent liability cannot be contractually limited or disclaimed under such laws, (b) with respect to bodily injury, and (c) to the extent such damage or loss is the result of Licensor's intentional or grossly negligent conduct. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to Licensee.

  • Defects Liability 9.1 In this Contract, and subject to Clause 9.2, a defect shall mean any non-conformity of the Supplies with the express terms of this Contract resulting from circumstances existing in the Supplies at the time of the transfer of risk to the Customer (“Defects”). 9.2 In particular, the following shall not be Defects: a) normal wear and tear, non-conformity resulting from excessive strain, b) non-conformity resulting from faulty or negligent handling; non-compliance with instructions or recommendations in operation or maintenance manuals and other documents; c) installation, erection, modification, commissioning, or pre-commissioning, in each case not carried out by Xxxxxxx, d) non-reproducible software errors, e) defects which do not significantly impair the use of the respective Supplies. 9.3 The Customer shall immediately inspect the Supplies upon delivery and shall notify Flender in writing of any Defects without undue delay. The Customer’s claims in respect of defects shall be excluded for any apparent defects if the Customer has failed to do so. Upon such written notification, Flender shall, at its option, remedy a Defect by repair, replacement, or re-performance. Flender shall be given a reasonable period of time and opportunity to remedy the Defect. For this purpose, the Customer shall xxxxx Xxxxxxx working access to the non- conforming Supplies, shall undertake any necessary dis-assembly and re-assembly, and shall provide access to operation and maintenance data, all at no charge to Flender. Upon Flender’s request, the Customer shall ensure that the title to the replaced parts/items shall pass to Flender. 9.4 Unless otherwise agreed, the defects liability period for any part of the Supplies is 12 months. It starts at the date of transfer of risk. For replaced or repaired parts of the Supplies, the defects liability period is 6 months from the date of replacement or repair, if the original defects liability period for the Supplies expires earlier. In any event, the defects liability period shall end no later than 24 months from the beginning of the original defects liability period. 9.5 If software is defective, Flender shall only be obliged to provide the Customer with an updated version of the software in which the Defect has been remedied when such updated version is reasonably available from Flender or, if Flender is only licensee, from Flender’s licensor. If the software has been modified or individually developed by Flender, Flender shall in addition provide the Customer with a workaround or other interim corrective solution until the provision of an updated version of the software, if such workaround or interim solution is feasible at reasonable expense and if otherwise the Customer’s business operations would be substantially impeded. 9.6 If Flender carries out remedial work and it is ultimately not established that there was a Defect, the Customer shall pay Flender for such remedial work including error diagnosis. 9.7 Any other liability of Flender and rights and remedies of the Customer in case of defects of the Supplies, other than those expressly stipulated in this Clause 9 or , in case Flender failed at least three times in remedying the defect, in Clause 15.2b) shall be excluded. All warranties, representations, conditions, and all other terms of any kind whatsoever implied by statute or law are, to the fullest extent permitted by applicable law, excluded from this Contract.

  • Disclaimer of Warranty and Limitation of Liability THE SYSTEM AND ALL SYSTEM CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CITIBANK DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, CONDITIONS, REPRESENTATIONS, OR OTHER TERMS (INCLUDING AS TO SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY OR MERCHANTABILITY), AS TO THE SYSTEM, THE SYSTEM CONTENT OR ANY OTHER MATTER, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. CITIBANK FURTHER DISCLAIMS ANY WARRANTY AS TO NON-INFRINGEMENT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, CITIBANK DISCLAIMS ANY OBLIGATION TO KEEP THE SYSTEM CONTENT OR INFORMATION AVAILABLE THROUGH THE SYSTEM UP-TO-DATE OR FREE OF ERRORS OR VIRUSES OR TO MAINTAIN UNINTERRUPTED SERVICE OR ACCESS. CITIBANK DOES NOT UNDERTAKE TO CORRECT OR NOTIFY YOU OF ANY ERROR IN THE SYSTEM CONTENT OR INFORMATION DISPLAYED THROUGH THE SYSTEM OF WHICH IT MAY BECOME AWARE AT ANY TIME OR TO NOTIFY YOU OF ANY CHANGES IN ANY SUCH SYSTEM CONTENT OR INFORMATION OR METHODOLOGIES INCORPORATED THEREIN. ALTHOUGH CITIBANK MAY SPECIFY THE HOURS OF OPERATION OF THE SYSTEM, CITIBANK MAY STOP PRODUCING OR UPDATING ALL OR ANY PART OF THE SYSTEM WITHOUT NOTICE. YOU ACKNOWLEDGE THAT ELECTRONIC ACCESS TO SYSTEMS THROUGH THE INTERNET OR OTHER NETWORKS, WHETHER PUBLIC OR PRIVATE, MAY NOT BE SECURE. CITIBANK DISCLAIMS ALL LIABILITY FOR ANY SECURITY BREACH THAT DOES NOT RESULT FROM CITIBANK’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. WHERE THE SYSTEM CONTAINS LINKS TO OTHER WEBSITES, THESE LINKS ARE MADE AVAILABLE ONLY AS A CONVENIENCE AND WITHOUT LIABILITY TO CITIBANK AND YOU USE THEM AT YOUR RISK. CITIBANK DOES NOT ENDORSE OR GUARANTEE ANY LINKED SITE, THE SITE SPONSOR OR THE SITE CONTENTS. EXCEPT AS PROVIDED IN SECTION 11, AND EXCEPT IN THE CASE OF WILLFUL MISCONDUCT OR GROSS NEGLIGENCE, NEITHER CITIBANK NOR ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR THIRD PARTY INFORMATION OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU, YOUR AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THE PROVISION OR USE OF (OR ANY INABILITY TO USE) THE SYSTEM AND SYSTEM CONTENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. WITHOUT LIMITING THE FOREGOING, CITIBANK MAY MAKE ERROR CORRECTIONS AND/OR REPROCESS AN AGREED TRANSACTION AT THE AGREED RATE, TO THE EXTENT POSSIBLE, AT NO ADDITIONAL CHARGE TO YOU. THIS IS YOUR SOLE REMEDY (AND CITIBANK’S SOLE LIABILITY) IN CONNECTION WITH ANY SUCH ERROR. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING OR EXCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE OR FOR FRAUDULENT MISREPRESENTATION OR FOR ANY OTHER LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.

  • DISCLAIMER OF WARRANTY Goods, services, facilities, or equipment provided by NASA under this Agreement are provided "as is." NASA makes no express or implied warranty as to the condition of any such goods, services, facilities, or equipment, or as to the condition of any research or information generated under this Agreement, or as to any products made or developed under or as a result of this Agreement including as a result of the use of information generated hereunder, or as to the merchantability or fitness for a particular purpose of such research, information, or resulting product, or that the goods, services, facilities or equipment provided will accomplish the intended results or are safe for any purpose including the intended purpose, or that any of the above will not interfere with privately- owned rights of others. Neither the government nor its contractors shall be liable for special, consequential or incidental damages attributed to such equipment, facilities, technical information, or services provided under this Agreement or such research, information, or resulting products made or developed under or as a result of this Agreement.

  • Limitation of Seller's Liability This paragraph limits the liability of the seller. This is a usual provision, but flexible, ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ . ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ , ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ .

  • Limitation of Warranties The warranties made by BNYM in this Schedule C, and the obligations of BNYM under this Schedule C, run only to Company and not to its affiliates, its customers or any other persons.

  • Indemnity; Limitation of Liability As an officer of the Company, the Executive shall be entitled to indemnity and limitation of liability as provided pursuant to the Company’s Articles of Incorporation, bylaws and any other governing document, as the same shall be amended from time to time.

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