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. 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. 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. 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 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. The scope of the Project Warranty expressly excludes and does not apply to: (a) damage or loss to the Project to the extent caused by (i) the failure by Buyer or any of its Representatives to operate and maintain the Project in compliance with all Laws and applicable Permits and in accordance with the applicable manufacturer operation and/or maintenance manuals or the manufacturer’s requirements, as such manuals and requirements are (A) provided in writing to Buyer on or prior to the SC Transfer Date and
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. Supplier's warranties under this Agreement are subject to the following limitations:
(i) Supplier makes NO WARRANTIES under this Agreement, whether express, implied, statutory or otherwise, except those warranties provided in this Agreement. The remedies provided for in or through this Agreement (and as to Services, where applicable, provided for in or through the IPA, DSAs, or DVAs) constitute the sole and exclusive remedies of Applied with respect to Items that * Material has been omitted and filed separately with the Commission. fail to conform to such warranties. EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION 7.1 AND THOSE EXPRESSLY PROVIDED IN THE IPA AND ANY DSAS OR DVAS, (A) SUPPLIER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO ITEMS (INCLUDING SERVICES) INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND (B) THE ITEMS ARE PROVIDED "AS IS."
(ii) In determining whether an Item is of a quality that is merchantable (Section 7.1.1(d) above), an Item must be of a quality at least equal to the standards of minimum acceptability for the same or like Items that are employed by Applied at the time of its manufacture; however, such standards shall not limit application of, or excuse compliance with, specific warranty requirements of Section 7.1.1 above applicable to the specific Item. In determining whether an Item is of a quality that is merchantable, the standards for merchantable quality of the Item shall be those that are currently applied at the time of its manufacture. In determining whether an Item is fit for its intended purpose, such warranty shall extend to use or incorporation in semiconductor wafer fabrication, flat panel display fabrication, thin film application processes or manufacturing, toxics abatement or recycling, or wafer inspection and metrology systems, as applicable, employed in processes (a) that are customary or generally contemplated within the industries using such systems, or (b) that are specifically identified by Applied to Supplier, in writing (including e-mail, facsimile and posting of information on the Applied website designated for Supplier's access) as an intended use.
(iii) Supplier's warranties do not extend to defects, failure or malfunction of an Item to the extent such failure, defect or malfunction (a) results from conformance by Supplier with Specifications prepared by Applied, p...
Limitations on Warranty. The warranty will not cover any errors or failure in the Software when caused by guilty Customer acts or failures to act, the act of Companies of Rosneft Group, events beyond the reasonable control of Company, failures in hardware, software, firmware products or data supplied by Customer, a third-party, or Company, unless such hardware, software, or firmware is the subject of a current warranty from Company.
