Common use of Limitation on Warranties Clause in Contracts

Limitation on Warranties. THE WARRANTIES AND REMEDIES CONTAINED IN THIS AGREEMENT AND THE PRODUCT REFERENCE GUIDE CONSTITUTE THE ONLY WARRANTIES WITH RESPECT TO THE PRODUCTS PROVIDED TO DISTRIBUTOR PURSUANT TO THIS AGREEMENT AND DISTRIBUTOR'S EXCLUSIVE REMEDIES IF SUCH WARRANT TIES ARE BREACHED. THE STATED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, WRITTEN OR ORAL, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, WITHOUT LIMITATION THERETO, THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO WARRANTIES WITH RESPECT TO SERVICES PROVIDED BY NORTEL. NORTEL SHALL NOT BE LIABLE TO OR THROUGH DISTRIBUTOR FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE OR FOR ANY REASON, ARISING OUT OF THIS AGREEMENT, EVEN IF NORTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NET DISTRIBUTOR PRICE DESCRIBED ELSEWHERE IN THIS AGREEMENT IS BASED UPON AND IS IN PARTIAL CONSIDERATION FOR THIS LIMITATION ON WARRANTIES AND REMEDIES.

Limitation on Warranties. THE WARRANTIES AND REMEDIES PROVIDED IN THIS AGREEMENT ARE STRICTLY LIMITED TO THE FOREGOING EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT PARAGRAPH IN THE WARRANTY SECTION OF THE AGREEMENT, IF ANY. YOU ACKNOWLEDGE AND THE PRODUCT REFERENCE GUIDE CONSTITUTE THE ONLY WARRANTIES WITH RESPECT TO THE PRODUCTS PROVIDED TO DISTRIBUTOR PURSUANT TO THIS AGREEMENT AND DISTRIBUTOR'S EXCLUSIVE REMEDIES IF SUCH WARRANT TIES ARE BREACHED. THE STATED AGREE THAT NO OTHER WARRANTIES ARE IN LIEU MADE OR GIVEN BY HOME DEPOT OR SERVICE PROVIDER, INCLUDING ANY WARRANTY FOR FITNESS OF ALL PURPOSE, WARRANTY OF MERCHANTABILITY, OR ANY OTHER WARRANTIES, WRITTEN OR ORAL, STATUTORYEXPRESS OR IMPLIED WARRANTIES. HOME DEPOT'S EXPRESS WARRANTIES ARE VOIDED FOR ANY DEFECT CAUSED BY ABUSE, EXPRESSMISUSE, NEGLECT, ACTS OF GOD, LACK OF PRESCRIBED OR STANDARD MAINTENANCE, OR IMPLIEDIMPROPER CARE/CLEANING. ANY MANUFACTURER'S WARRANTIES PROVIDED FOR GOODS, INCLUDINGMATERIALS, WITHOUT LIMITATION THERETOOR EQUIPMENT WILL BE PASSED THROUGH BY HOME DEPOT TO YOU, THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS YOU AGREE TO LOOK SOLELY TO SUCH MANUFACTURER FOR A PARTICULAR PURPOSE. THERE ARE NO WARRANTIES WITH RESPECT TO SERVICES PROVIDED BY NORTEL. NORTEL SHALL NOT BE LIABLE TO OR THROUGH DISTRIBUTOR FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES REMEDY OF ANY NATURE OR FOR ANY REASONDEFECT IN SUCH GOODS, ARISING OUT OF THIS AGREEMENTMATERIALS, EVEN IF NORTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESAND EQUIPMENT. THE NET DISTRIBUTOR PRICE DESCRIBED ELSEWHERE IN THIS AGREEMENT IS BASED UPON AND IS IN PARTIAL CONSIDERATION FOR THIS LIMITATION ON WARRANTIES AND REMEDIES.HOME DEPOT MAY ASSIST YOU WITH WARRANTY CLAIMS AGAINST MANUFACTURERS. (c)

Limitation on Warranties. THE WARRANTIES AND REMEDIES CONTAINED PROVIDED IN THIS AGREEMENT AND THE PRODUCT REFERENCE GUIDE CONSTITUTE THE ONLY WARRANTIES WITH RESPECT ARE STRICTLY LIMITED TO THE PRODUCTS PROVIDED TO DISTRIBUTOR PURSUANT TO THIS AGREEMENT FOREGOING EXPRESS WARRANTIES CONTAINED IN PARAGRAPH 7A, IN THE WARRANTY SECTION OF THE AGREEMENT, IF ANY, OR IN THE STATE SUPPLEMENT, IF ANY. YOU ACKNOWLEDGE AND DISTRIBUTOR'S EXCLUSIVE REMEDIES IF SUCH WARRANT TIES ARE BREACHED. THE STATED AGREE THAT NO OTHER WARRANTIES ARE IN LIEU MADE OR GIVEN BY HOME DEPOT OR SERVICE PROVIDER, INCLUDING ANY WARRANTY FOR FITNESS OF ALL PURPOSE, WARRANTY OF MERCHANTABILITY, OR ANY OTHER WARRANTIES, WRITTEN OR ORAL, STATUTORYEXPRESS OR IMPLIED WARRANTIES. HOME DEPOT'S EXPRESS WARRANTIES ARE VOIDED FOR ANY DEFECT CAUSED BY ABUSE, EXPRESSMISUSE, NEGLECT, ACTS OF GOD, LACK OF PRESCRIBED OR STANDARD MAINTENANCE, OR IMPLIEDIMPROPER CARE/CLEANING. ANY MANUFACTURER'S WARRANTIES PROVIDED FOR GOODS, INCLUDINGMATERIALS, WITHOUT LIMITATION THERETOOR EQUIPMENT WILL BE PASSED THROUGH BY HOME DEPOT TO YOU, THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS YOU AGREE TO LOOK SOLELY TO SUCH MANUFACTURER FOR A PARTICULAR PURPOSE. THERE ARE NO WARRANTIES WITH RESPECT TO SERVICES PROVIDED BY NORTEL. NORTEL SHALL NOT BE LIABLE TO OR THROUGH DISTRIBUTOR FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES REMEDY OF ANY NATURE OR FOR ANY REASONDEFECT IN SUCH GOODS, ARISING OUT OF THIS AGREEMENTMATERIALS, EVEN IF NORTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESAND EQUIPMENT. THE NET DISTRIBUTOR PRICE DESCRIBED ELSEWHERE IN THIS AGREEMENT IS BASED UPON AND IS IN PARTIAL CONSIDERATION FOR THIS LIMITATION ON WARRANTIES AND REMEDIESHOME DEPOT MAY ASSIST YOU WITH WARRANTY CLAIMS AGAINST MANUFACTURERS.

Limitation on Warranties. THE WARRANTIES EXCEPT AS EXPRESSLY SET FORTH IN ARTICLE IV, NO SELLER MAKES ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND WHATSOEVER, AND REMEDIES CONTAINED EACH SELLER DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR ANY OTHER REPRESENTATION, WARRANTY OR STATEMENT MADE OR INFORMATION COMMUNICATED (ORALLY OR IN THIS AGREEMENT AND THE PRODUCT REFERENCE GUIDE CONSTITUTE THE ONLY WARRANTIES WITH RESPECT WRITING) TO THE PRODUCTS PURCHASER (INCLUDING ANY OPINION, INFORMATION, OR ADVICE THAT MAY HAVE BEEN PROVIDED TO DISTRIBUTOR PURSUANT TO THIS AGREEMENT AND DISTRIBUTOR'S EXCLUSIVE REMEDIES IF SUCH WARRANT TIES ARE BREACHED. THE STATED WARRANTIES ARE IN LIEU PURCHASER OR ANY OF ALL OTHER WARRANTIESITS AFFILIATES BY ANY STOCKHOLDER, WRITTEN OR ORALPARTNER, STATUTORYDIRECTOR, EXPRESSOFFICER, EMPLOYEE, ACCOUNTING FIRM, LEGAL COUNSEL, OR IMPLIEDOTHER AGENT, INCLUDINGCONSULTANT, WITHOUT LIMITATION THERETO, THE WARRANTY OR REPRESENTATIVE OF SUCH SELLER). ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSEPURPOSE ARE EXPRESSLY EXCLUDED. THERE ANY AND ALL PRIOR REPRESENTATIONS AND WARRANTIES MADE BY ANY PARTY OR ITS REPRESENTATIVES, WHETHER ORALLY OR IN WRITING, ARE DEEMED TO HAVE BEEN MERGED INTO THIS AGREEMENT, IT BEING INTENDED THAT NO SUCH PRIOR REPRESENTATIONS OR WARRANTIES WITH RESPECT TO SERVICES PROVIDED BY NORTEL. NORTEL SHALL NOT BE LIABLE TO OR THROUGH DISTRIBUTOR FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE OR FOR ANY REASON, ARISING OUT SURVIVE THE EXECUTION AND DELIVERY OF THIS AGREEMENT, EVEN IF NORTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NET DISTRIBUTOR PRICE DESCRIBED ELSEWHERE IN THIS AGREEMENT IS BASED UPON AND IS IN PARTIAL CONSIDERATION FOR THIS LIMITATION ON WARRANTIES AND REMEDIES.