Limited Remedy. If Microsoft, or the device manufacturer or installer, breaches its limited warranty, it will, at its election, either: (i) repair or replace the software at no charge, or (ii) accept return of the software (or at its election the device on which the software was preinstalled) for a refund of the amount paid, if any. The device manufacturer or installer (or Microsoft if you acquired them directly from Microsoft) may also repair or replace supplements, updates, and replacement of the software or provide a refund of the amount you paid for them, if any. These are your only remedies for breach of warranty. This limited warranty gives you specific legal rights, and you may also have other rights which vary from state to state or country to country.
Limited Remedy. If a Product is non-conforming in that it does not meet the warranty pursuant to Section 8.2, Recipient’s sole and exclusive remedy is, at Supplier’s option, replacement or repair of the Product demonstrated to be non-conforming or refund of the Price paid. Claims of non-conformance must be made pursuant to Section 5.6. For the avoidance of doubt, this limited remedy shall control over the Quality Agreement for Products supplied under this Agreement.
Limited Remedy. Customer’s exclusive remedy and Prodly’s sole obligation for its failure to meet the warranty in a(i) above will be for Prodly to provide a credit for the applicable month, as provided in the chart above (if this agreement is not renewed, then a refund), for the month; provided that Customer notifies Prodly of such breach within 30 days of the end of that month.
Limited Remedy. If the Services or Deliverables do not meet the warranty as provided in Section 5.1, Tricentis will make commercially reasonable efforts to correct the nonconformity causing the warranty failure in the Services or Deliverables. For any breach of the warranty in Section 5.1, Customer’s exclusive remedy will be as described in this Section 5.3.
Limited Remedy. This Section 9 states Provider’s sole and exclusive liability, and Customer’s sole and exclusive remedy, for the actual or alleged infringement or misappropriation of any third party intellectual property right by the Platform or any other materials or information provided under this Agreement.
Limited Remedy. For greater certainty, the Parties agree that the compensation or damages to be received pursuant to this Article 8 is the sole remedy in compensation or damages of the party receiving such payment; provided however that nothing contained in this Article 8 or Section 9.1, including the payment of an amount under this Article 8 shall relieve or have the effect of relieving any Party in any way from liability for damages incurred or suffered by a Party as a result of a breach of this Agreement by a Party acting in bad faith with a clear intent and design to prevent the conditions precedent to this Agreement's completion from being satisfied. Nothing herein shall preclude a Party from seeking injunctive relief to restrain any breach or threatened breach of the covenants or agreements set forth in this Agreement or the Confidentiality Agreement or otherwise to obtain specific performance of any of such act, covenants or agreements, without the necessity of posting bond or security in connection therewith.
Limited Remedy. Client’s exclusive remedy for defective Services is re- performance of the Services by CI at CI’s expense, subject to CI’s confirmation of the existence of such defect after receiving notice of a claimed defect from Client.
Limited Remedy. In the event that the Service Provider materially fails to perform any Service in breach of this Agreement (including any Services Agreement), then at the Service Recipient’s request, the Service Provider shall use commercially reasonable efforts to re-perform such Service as soon as reasonably practicable, with the same degree of care used in correcting a failure of a similar service for itself, at no cost to the Service Recipient; provided that if the Service Provider is utilizing a third party vendor to provide services, such third party vendor shall not be subject to the re-performance requirements of this Section 6.1(a). The Service Provider shall have no obligation to recreate any lost or destroyed data, but will provide such data to Service Recipient to the extent the same is re-created through such re-performance of Services. To the maximum extent permitted by law, (i) the foregoing in this Section 6.1(a) sets forth the Service Recipient’s sole and exclusive remedy, and the Service Provider’s sole and exclusive liability and obligation, with respect to the performance (or nonperformance) of Services under any Services Agreement, except (1) to the extent any such failure to perform results from the gross negligence or willful misconduct of a Party or its Related Parties, and (2) for such specific performance or other equitable remedy that may be awarded by a court of competent jurisdiction; and (ii) the Service Provider’s obligations under this Section 6.1(a) are expressly subject to the liability cap set forth in Section 6.4.
Limited Remedy. Buyer’s sole remedy for breach of the express warranty of conformity to the Aggregates specifications set out in Section 9.1 shall be exclusively limited to, at the sole discretion of Buyer, either (a) replacement of the non-conforming Aggregates at the point of delivery or (b) a refund of the price paid by Buyer for such Aggregates; additionally the Seller shall pay the cost of physical removal of the defective Aggregates, subject to the cap on liability below; provided, however, that if Seller delivers non-conforming Aggregates in material quantities to the same Buyer Plant on more than three separate occasions during any consecutive 12 month period and Seller is unable to provide Buyer with adequate assurances reasonably acceptable to Buyer of Seller’s ability to deliver conforming Aggregates to such Buyer Plant, Buyer shall have the right to terminate its obligations under this Agreement with respect to such Buyer Plant. The limited remedy set out in this section is exclusive and in lieu of all other remedies for any claim by Buyer arising from the sale of Aggregates hereunder. In no event shall Seller be liable for special, incidental or consequential damages, losses or expenses, loss of profit, loss of revenue, loss of opportunity, loss of business, loss or damage to goodwill, loss of anticipated savings, liquidated damages, directly or indirectly, arising from any breach of this Agreement or from the production, delivery, sale, handling or use of Aggregates sold hereunder, whether arising out of contract, negligence, strict tort, warranty or otherwise and, without limiting the foregoing, Seller shall not be responsible for the product in which the Aggregates sold hereunder is used or sold. In respect of any claims for defective, incorrect or contaminated supply, Seller’s total aggregate liability under this Agreement shall be limited to three times the price of the Aggregates which is proved to be defective (“Defective Goods”), save that in the event that such sum is less than the cost of physical removal of the Aggregates, the Seller shall be liable for the additional cost of physical removal up to a maximum of a further sum of £50,000. In respect of all other claims for breach or otherwise, including under Section 11.1, Seller’s total aggregate liability in respect of any breach shall not exceed three times the value of the Aggregates that are affected by such breach or the subject of a dispute. Buyer acknowledges that it bears the costs of all ad...
Limited Remedy. Client’s exclusive remedy for a default in the provision of Services hereunder is to (i) provide written notice detailing the default to ExED and, following review and a determination of fault by ExED, to have ExED perform or reperform the applicable Service at ExED’s expense, and/or (ii) to terminate this Agreement in accordance with Section 9(b) below.
