Limitations and Disclaimers. (A) All property is sold "As is, Where is" and Xxxxxxx-Xxxxxxx makes no guarantees, warranties, or representations, express or implied, with respect to the property, or correctness of the catalog or other description of authenticity of physical condition, size, quality or rarity of the property or otherwise. No statement anywhere, whether oral or written, shall be deemed such guarantee, warrantee, or representation, prospective bidders should inspect the property before bidding to determine condition, size and whether or not it has been repaired or restored. Buyer hereby waives and releases Xxxxxxx-Xxxxxxx from and against any claim, demand, liability or expense of any kind arising out of or related to the Lot, expressly including without limitation any assertions of negligence (including negligent misrepresentation) or breach of warranty. Xxxxx agrees not to join Xxxxxxx-Xxxxxxx as a defendant in any action or proceeding arising directly or indirectly out of the condition of the Lot or any alleged representations concerning the Lot, and further agrees to look solely to Seller with respect to such matters.
(B) Xxxxxxx Xxxxxxx-Xxxxxxx or any agent, employee of representative of Xxxxxxx-Xxxxxxx, has given or authorized any other person to give any affirmation, representation, warranty or guarantee concerning any Lot or items. Xxxxxxx-Xxxxxxx assumes no liability for any affirmations, representations, warranties or guarantees made by Seller to Buyer. For items with a Reserve, the auctioneer reserves the right to place bids for the consignor up to the reserve amount.
(C) Xxxxxxx-Xxxxxxx may, in its sole and absolute discretion, cancel or rescind the sale of any Lot or Item.
Limitations and Disclaimers. EACH AIRCRAFT AND THE FINAL SPARES PACKAGE ARE SOLD AND DELIVERED TO BUYER “AS IS” AND “WHERE IS”, AND, EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 5.A HEREOF AND IN THE BILLS OF SALE, WITHOUT ANY REPRESENTATION, GUARANTEE OR WARRANTY OF SELLER EXPRESS OR IMPLIED, OF ANY KIND, ARISING BY LAW OR OTHERWISE. WITHOUT LIMITING THE GENERALITY OF THE ABOVE, BUYER UNCONDITIONALLY AGREES THAT EACH AIRCRAFT AND THE FINAL SPARES PACAKGE ARE SOLD AND PURCHASED IN AN “AS IS, WHERE IS” CONDITION AND “WITH ALL FAULTS” AS AT THE APPLICABLE CLOSING DATE, AND, EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 5.A HEREOF AND IN THE BILLS OF SALE, NO TERM, CONDITION, WARRANTY, REPRESENTATION OR COVENANT OF ANY KIND HAS BEEN ACCEPTED, MADE OR IS GIVEN BY SELLER OR ITS SERVANTS OR AGENTS IN RESPECT OF THE VALUE, QUALITY, DURABILITY, DATE PROCESSING, CONDITION, DESIGN, OPERATION, DESCRIPTION, MERCHANTABILITY OR FITNESS FOR USE OR PURPOSE OF ANY AIRCRAFT OR THE FINAL SPARES PACKAGE, AS TO THE ABSENCE OF LATENT, INHERENT OR OTHER DEFECTS (WHETHER OR NOT DISCOVERABLE), AS TO THE COMPLETENESS OR CONDITION OF THE RECORDS RELATING TO SUCH AIRCRAFT OR THE FINAL SPARES PACKAGE, AND/OR AS TO THE ABSENCE OF ANY INFRINGEMENT OF ANY PATENT, COPYRIGHT, DESIGN, OR OTHER PROPRIETARY RIGHTS. ALL TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS (OR OBLIGATION OR LIABILITY, IN CONTRACT OR IN TORT) IN RELATION TO ANY ONE OR MORE OF THOSE MATTERS, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, ARE EXPRESSLY EXCLUDED.
Limitations and Disclaimers. (a) EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THIS AGREEMENT, THE WARRANTIES AND REMEDIES SET FORTH IN THIS ARTICLE 14 FOR ANY NON-CONFORMANCE OF EQUIPMENT OR SERVICES ARE THE EXCLUSIVE WARRANTIES AND REMEDIES FOR SUCH NON-CONFORMANCE OF EQUIPMENT OR SERVICES AND ARE IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES FOR SUCH NON-CONFORMANCE OF EQUIPMENT OR SERVICES WHETHER STATUTORY, EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE IN TRADE) AND WHETHER CLAIMS BY OWNERS ARE BASED IN CONTRACT, IN TORT (INCLUDING FAULT, NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE.
(b) Any warranties not expressly made in this Agreement are expressly waived by the Owners.
(c) Notwithstanding the foregoing provisions of this Article 14, Contractor shall have no liability hereunder for non-conformance of Equipment or material or performance, to the extent that it results, in whole or in part, from any of the following and is not attributable to any acts or omissions of Contractor, its Subcontractors or Vendors or the Personnel of any of them:
(i) Operation of the Facility outside of the Design Bases of the Equipment or integrated system;
(ii) Use, handling, storage, operation or maintenance of the Equipment or material therein in violation of manufacturer’s written instructions (provided that such instructions have been delivered to Owners) or Prudent Practices or operation outside the guidelines of the Specifications following Turnover of a system or structure;
(iii) Alteration, abuse or misuse of the Equipment unless such alteration is approved by Contractor;
(iv) Any operation or maintenance of the Equipment that is not in accordance with either of the Operating Procedures or Maintenance Procedures;
(v) Operation or maintenance by personnel not qualified in accordance with Southern Nuclear's standard qualification requirements for operating or maintenance personnel; or
(vi) Use of Nuclear Fuel in the Unit that is not designed and fabricated by Westinghouse.
(d) Contractor shall be relieved from fulfilling its Warranty obligations as specified in this Article 14 to the extent that:
(i) A Nuclear Incident occurs, and
(ii) the consequences, including radiation, of such Nuclear Incident prevent Contractor from performing such Warranty obligations; provided, however, that Contractor shall be obligated to fulfill such Warranty obligations at such time as Contracto...
Limitations and Disclaimers. Trainee/Consultant and RDIconnect, Inc. agree to the following terms: 4A. Limitation of Liability, Indemnification: Trainee/Consultant hereby accepts all liability for care of Trainee/Consultant's Clients, whether or not Trainee/Consultant used RDI® Program or RDA™ tools in the care of Trainee/Consultant's Clients, and affirms the following understandings: 4A1. RDIconnect, Inc.'s liability for any claims or damages resulting from or in any way connected to this contract is limited to and based upon the training given to Trainee/Consultant under this contract. 4A2. Trainee/Consultant acknowledges and agrees that RDIconnect, Inc.'s liability under this contract will be limited to the consideration paid under this contract and in no way will RDIconnect, Inc. be liable for any of Trainee/Consultant's consequential damages.
Limitations and Disclaimers a. No trademark or patent rights held by Xxxxxxxx are waived, abandoned, surrendered, licensed or otherwise affected by this document.
b. Affirmer offers the Work as-is and makes no representations or warranties of any kind concerning the Work, express, implied, statutory or otherwise, including without limitation warranties of title, merchantability, fitness for a particular purpose, non infringement, or the absence of latent or other defects, accuracy, or the present or absence of errors, whether or not discoverable, all to the greatest extent permissible under applicable law.
c. Affirmer disclaims responsibility for clearing rights of other persons that may apply to the Work or any use thereof, including without limitation any person's Copyright and Related Rights in the Work. Further, Affirmer disclaims responsibility for obtaining any necessary consents, permissions or other rights required for any use of the Work.
d. Xxxxxxxx understands and acknowledges that Creative Commons is not a party to this document and has no duty or obligation with respect to this CC0 or use of the Work.
Limitations and Disclaimers. (A) Each Lot is consigned to BJAC by a seller with a Consignment Agreement (“Seller”). Each Lot is sold “AS-IS-WHERE-IS”, with all faults and defects and all errors of description. Buyer understands that: (i) any and all information concerning any Lot is provided exclusively by Seller;
Limitations and Disclaimers. (a) THE WARRANTIES AND GUARANTEES AND RELATED REMEDIES SET FORTH IN THIS ARTICLE 14 ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES AND RELATED REMEDIES WHETHER STATUTORY, EXPRESS OR IMPLIED (INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE IN TRADE) AND WHETHER CLAIMS BY OWNER ARE BASED IN CONTRACT OR IN TORT (INCLUDING FAULT, NEGLIGENCE OR STRICT LIABILITY).
Limitations and Disclaimers. 1 No trademark or patent rights held by Xxxxxxxx are waived, abandoned, surrendered, licensed or otherwise affected by this document.
Limitations and Disclaimers. 1. By entering and using Nextour, the User has agreed and approved that the use of Nextour is enabled to him on an 'As-Is' and 'As-Available' basis only, without any liability and obligation on behalf of Nextour and Connectour.
2. Connectour is using efforts to provide accurate analytics to its users, however analytics to be performed for the User may not be always fully accurate and correct. Analytics outcomes are provided 'AS-IS' without provision of a warranty of any kind, including without limitations any warranty for computability to any particular purpose or accuracy.
3. Nextour is intended to provide useful information, including analytics, however users should not rely on any material published on Nextour without verifying its correctness and legality by himself, and in any case, said material does not constitute advice and/or an opinion of any kind whatsoever by Connectour.
4. With respect to content uploaded by Connectour, Users may not create derivative content of any kind, modify (including without limitations removing any trademarks), publicly display or perform, unless explicitly authorized by Connectour.
5. In the case of Connectour providing some content in Nextour for the Client such as suppliers and services information (general information, descriptive, photos and any other content), Connectour shall not be responsible for any incorrect information and the Client acknowledges that this content has to be used as it is and/or alternatively the Client can amend this content as they wish.
6. Connectour, its shareholders, directors, employees and anyone else acting of its behalf shall not be responsible for and direct and/or indirect damage, whether pecuniary or not, or damage to any property related to Nextour and/or which derives from Nextour, nor for any direct and/or indirect damage concerned with faulty functioning of Nextour, including, and without derogating from the abovementioned: problems of availability of Nextour, , malfunctions in e- mails and/or messages sent by Nextour, etc. the user hereby waives any claim and/or demand against Connectour, as above said.
7. Without derogating from the provisions of any law, the user hereby undertakes to indemnify and compensate Connectour, its employees, directors and managers, shareholders or anyone else on its behalf, in any event in which the user should breach the terms of this xxxx, and/or should act in connection with Nextour, its services and/or its content in any manner contrary to the...
Limitations and Disclaimers. 1. No trademark or patent rights held by Affirmer are waived, abandoned, surrendered, licensed or otherwise affected by this document.
2. Affirmer offers the Work as-is and makes no representations or warranties of any kind concerning the Work, express, implied, statutory or otherwise, including without limitation warranties of title, merchantability, fitness for a particular purpose, non infringement, or the absence of latent or other defects, accuracy, or the present or absence of errors, whether or not discoverable, all to the greatest extent permissible under applicable law.
3. Affirmer disclaims responsibility for clearing rights of other persons that may apply to the Work or any use thereof, including without limitation any person's Copyright and Related Rights in the Work. Further, Affirmer disclaims responsibility for obtaining any necessary consents, permissions or other rights required for any use of the Work.
4. Affirmer understands and acknowledges that Creative Commons is not a party to this document and has no duty or obligation with respect to this CC0 or use of the Work.
