Limitations to Warranties Sample Clauses

Limitations to Warranties. 4.3.1 THE ABOVE WARRANTIES ARE GIVEN IN LIEU OF STATUTORY AND OTHER IMPLIED CONDITIONS AND WARRANTIES. ALL WARRANTIES, CONDITIONS, TERMS AND LIABILITIES EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, ON THE PART OF SONARDYNE, IN RESPECT OF COMPLIANCE WITH DESCRIPTIONS, MERCHANTABILITY, THE QUALITY, WORKMANLIKE PERFORMANCE OR THE FITNESS FOR PURPOSE OF THE PRODUCTS AND THE SERVICES WHICH ARE NOT EXPRESSLY SET OUT IN THIS AGREEMENT ARE EXCLUDED EXCEPT TO THE EXTENT SUCH EXCLUSION IS PROHIBITED OR LIMITED BY LAW AND ARE SUBJECT TO THE LIMITATIONS SET FORTH IN CLAUSES 7 AND 12. 4.3.2 Sonardyne shall not be liable under Warranty for Products' failure in the event that: 4.3.2.1 the Customer makes any further use of such Products after becoming aware of the defect; 4.3.2.2 the defect arises because the Customer has failed to follow Sonardyne’s or a manufacturer’s instructions as to the storage, commissioning, installation, use and maintenance of the Products or (if there are none) good industry practice regarding the same; or the Customer has failed to install the latest version or release of Software as recommended by Sonardyne in writing if using such version or release would avoid such defect; 4.3.2.3 the defect arises as a result of Sonardyne following information, requirements or instructions supplied by the Customer; 4.3.2.4 the Customer or a third party alters or repairs such Products without the written consent of Sonardyne; 4.3.2.5 the defect arises as a result of fair wear and tear, any externally caused damage, whether by the Customer or otherwise (whether wilful, malicious, accidental or otherwise), by negligence of the Customer or any third party, or abnormal or otherwise inappropriate storage or working conditions.
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Limitations to Warranties. Notwithstanding any other provisions hereof, MDC shall have no obligation under this Article 8 if Federal Express: 1) following Redelivery, has not operated and maintained the warranted item in accordance with the FARs, manufacturers recommendations, and Federal Express' Engineering Maintenance Program Specification (Federal Express Engineering Report 84-013); or 2) following Redelivery, has not used the warranted item under normal operating conditions or has subjected such item to misuse, abuse, improper installation or application, improper maintenance or repair, alteration, accident or negligence in use, storage, transportation or handling by anyone other than MDC; or 3) has not notified MDC in writing within [* ] of its or its agent's discovery of the defect in the warranted item, provided, however, that a failure by Federal Express to provide such notice shall not entitle MDC to reject any warranty claims unless such failure has an adverse material impact on MDC's obligation to honor such warranty claim; or 4) does not return the defective part to MDC's facility, unless otherwise mutually agreed by MDC and Federal Express (which agreement shall not be unreasonably withheld by either party), within two (2) months after the defect becomes apparent; or does not submit reasonable proof to MDC within two (2) months after the defect becomes apparent that the defect is due to a matter covered with this warranty. *Blank space contained confidential information which has been filed separately with the Securities and Exchange commission pursuant to Rule 24b-2 under the Securities Exchance Act of 1934. 9/11/96 AGREEMENT NO. DAC 96-29M
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Limitations to Warranties. EXCEPT AS PROVIDED IN SECTION 6(a), BLI DOES NOT MAKE ANY OTHER WARRANTY, EITHER EXPRESSED OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF THE CONTENT, NON- INFRINGEMENT AND AS TO THE RESULT OF USE OF ANY CONTENT TO BE OBTAINED BY ANY USER, LICENSEE, OR OTHERWISE. Notwithstanding anything to the contrary, nothing in this Agreement shall be construed as a representation made or warranty given by Licensor that the practice by Licensee or the license granted hereunder shall not infringe the patent rights or copyright rights of any third party.
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Related to Limitations to Warranties

  • Disclaimer of Other Warranties EXCEPT AS OTHERWISE EXPRESSLY ------------------------------ PROVIDED HEREIN, THE SALE OF THE EQUIPMENT IS HEREBY MADE ON AN "AS-IS WHERE-IS" BASIS. SELLER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO (i) THE EQUIPMENT, INCLUDING, WITHOUT LIMITATION OF THE FOREGOING, ITS SELECTION, QUALITY, DESIGN, CAPACITY, CONDITION, MERCHANTABILITY OR ITS FITNESS FOR USE OR FOR ANY PARTICULAR PURPOSE AND FREEDOM FROM CLAIMS OF COPYRIGHT OR PATENT INFRINGEMENT OR ABSENCE OF OBLIGATIONS BASED ON STRICT LIABILITY IN TORT OR NEGLIGENCE, (ii) THE FREEDOM OF THE EQUIPMENT (OR ANY PART OR PORTION THEREOF) FROM ANY LATENT OR OTHER DEFECT (WHETHER OR NOT DISCOVERABLE), (iii)THE COMPLIANCE OF ANY OF THE EQUIPMENT (OR ANY PART OR PORTION THEREOF) WITH ANY APPLICABLE LAWS OR REGULATIONS, (iv) THE CREDITWORTHINESS OF EACH LESSEE OR ANY OTHER PERSON UNDER THE LEASES AND THE TRANSACTION DOCUMENTS, (v) THE COLLECTIBILITY OF ANY AMOUNT UNDER THE LEASES AND ANY OF THE TRANSACTION DOCUMENTS, (vi) THE TAX CHARACTERIZATION OF THE LEASES, OR (vii) THE DUE AUTHORIZATION, EXECUTION AND DELIVERY BY, OR THE ENFORCEABILITY AGAINST, ANY PERSON WHO IS OR HAS BEEN A PARTY TO THE LEASES AND ANY OF THE TRANSACTION DOCUMENTS (WITH THE EXCEPTION OF THE SELLER) AND SELLER HEREBY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES.

  • Disclaimer of Implied Warranties The warranty set forth herein is in lieu of, and ‘Reseller’ expressly disclaims all other product warranties of any kind whatsoever whether express, implied, statutory, arising by course of dealing or performance, custom, usage in the trade or otherwise, any warranty of merchantability, or fitness for a particular purpose, and in any event no such implied warranty has applicability beyond the time period covered by this warranty.

  • 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.

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