Limitations on Warranty. This Limited Warranty is provided by SELLER, and it contains the only express warranty provided to END USER by SELLER. XXXXXX does not authorize any other person to give any other warranties on SELLER's behalf. SELLER disclaims any express warranty not provided herein and any implied warranty, guaranty or representation as to performance, quality and absence of hidden defects, and any remedy for breach of contract, which but for this provision, might arise by implication, operation of law, custom of trade or course of dealing, including implied warranties of merchantability and fitness for a particular purpose. SELLER further disclaims any responsibility for losses, expenses, inconveniences, special, indirect, secondary or consequential, incidental, and contingent damages whatsoever, including damages arising from ownership or use of product. Implied warranties in jurisdictions where they may not be disclaimed shall be in effect only for the duration of the express warranty set forth herein. If END USER has a claim under this Limited Warranty or under any implied warranties provided to END USER by state law, END USER may not file a court action based on that claim any later than one (1) year after END USER’s right to file a court action accrues. In those states which do not allow this limitation on the time period for filing a court action, this provision is inapplicable.
Limitations on Warranty. The warranty furnished in SECTION 7.1(b) shall not apply to defects caused by accident or willful damage, abuse, misuse, neglect, improper testing, handling, storage or use after delivery by DPT of the Product in question to Connetics.
Limitations on Warranty. All of ImageTrend’s obligations under this Section shall be contingent on Client’s use of the Software in accordance with this Agreement and in accordance with ImageTrend’s instructions as provided by ImageTrend in the Licensed Information, and as such instructions may be amended, supplemented, or modified by ImageTrend from time to time. ImageTrend shall have no warranty obligations with respect to usage which does not conform with ImageTrend’s instructions as provided by ImageTrend in the Licensed Information. ImageTrend shall have no warranty obligations with respect to any failures of the Software which are the result of accident, abuse, misapplication, extreme power surge or extreme electromagnetic field of a Client device. In addition to any other limitation on warranty or liability; Client’s sole remedy for breach of warranty related to or arising out of the Software, or a defect with the Software, shall be at Client’s option 1) repair of the Software or defect, 2) termination of this Agreement for convenience as outlined elsewhere in this Agreement. THE EXPRESS WARRANTIES PROVIDED HEREIN ARE THE ONLY WARRANTIES MADE BY ImageTrend WITH RESPECT TO THE SOFTWARE AND SUPERSEDE ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY AND WARRANTIES FOR ANY SPECIAL PURPOSE.
Limitations on Warranty. THE EXPRESS WARRANTIES SET FORTH ABOVE ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WHICH ARE HEREBY SPECIFICALLY DISCLAIMED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. NO PARTY SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES HEREUNDER.
Limitations on Warranty. The warranty above is exclusive and in lieu of all other warranties, whether express or implied, including the implied warranties of merchantability and fitness for a particular purpose. The stated warranty is valid for a period of thirty (30) days from the date of task completion or until the client acceptance document, if applicable, is executed, whichever occurs earlier. Should the client acceptance document not be executed within thirty (30) days of the completion, the task shall be deemed accepted.
Limitations on Warranty. Supplier's warranties under this Agreement are subject to the following limitations:
Limitations on Warranty. WITH THE EXCEPTION OF EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT, LST PROVIDES THE LICENSED CVICONNECT PLATFORM “AS IS,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED AND LST DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Limitations on Warranty. The warranties set forth in section 16.1 shall not apply to any Product which has been, following receipt by Cisco and/or an Authorized Purchaser, (a) subjected to accident, abuse, misuse, neglect or operating or environmental conditions that deviate from the parameters established in the Specifications or (b) improperly installed, packaged, tested or altered by anyone other than Supplier.
Limitations on Warranty. In order to fulfill its obligations under this Limited Warranty, except as provided in the Limited Replacement Warranty set forth above, ECR’s sole obligation will be to, at its option, repair or supply a replacement for the defective part, provided that, in the case of Furnaces over ten (10) years old or models of Furnaces no longer manufactured by ECR, ECR shall have the option to allow a credit towards the then current selling price of an equivalent new Furnace. Such credit shall be based on the Depreciated Replacement Value (as defined below) of the failed part. Under no circumstances will ECR be responsible for any other costs associated with rectifying the defective part, including, without limitation, labor costs involved in diagnostic calls, costs associated with removing, servicing, or replacing defective parts, costs associated with returning the defective part to ECR, or freight and warehousing costs associated with the return of the defective part. The furnishing of replacement parts under the terms of this Limited Warranty will apply to the original warranty period and will not serve to extend such period. ECR shall not be liable for any default or delay in performance under this Limited Warranty, caused by any contingency beyond its control, including without limitation, a shortage or reduced supply of energy, raw material or componentry. ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR ANY PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE PERIOD OF THIS LIMITED WARRANTY AND, EXCEPT AS SET FORTH HEREIN, NEITHER ECR NOR ITS SERVANTS OR AGENTS SHALL BE LIABLE, WHETHER IN CONTRACT, IN TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR BY REASON OF BREACH OF STATUTORY DUTY OR OTHERWISE, FOR ANY LOSS OF PROFIT, LOSS OF USE, LOSS OF PRODUCTION, LOSS OF CONTRACTS OR FOR ANY FINANCIAL OR ECONOMIC LOSS OR FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGE WHATSOEVER.
Limitations on Warranty. 73 7.1.5. Third Party OEM Components........................................................... 74 7.1.6. Debit Recoveries..................................................................... 75 7.1.7. Survival of Warranties............................................................... 76 7.2. Applied's Remedies............................................................................ 76 7.2.1. Failure to Deliver................................................................... 76 7.2.2 Defective Items...................................................................... 77 7.2.3. Cumulative Remedies.................................................................. 79 7.2.4. Remedies for Other Breach or Default................................................. 80 7.2.5 Business Review Process.............................................................. 80
