Common use of LIMITED WARRANTIES; EXCLUSIVE REMEDIES Clause in Contracts

LIMITED WARRANTIES; EXCLUSIVE REMEDIES. Seller warrants to Buyer that Standard Products (i) are, at the time of Delivery, free from material defects in materials and workmanship and (ii) will, for a period of one year following Delivery, materially conform to the Specifications. This warranty does not apply to Die, Wafers, and Special Products or to Products that Seller determines: (i) is in other than its original condition or (ii) has been subjected to Unauthorized Uses under Section 13. Seller’s sole and exclusive liability and Buyer’s sole and exclusive remedy will be for Seller (at Seller’s option and conditioned upon Buyer’s compliance with the requirements of this Section) as to the affected Products: (i) to refund the purchase price paid; (ii) to deliver to Buyer a replacement. This warranty and any remedy extend to Buyer only and Seller has no liability to any of Buyer’s Customers, users or any other third party. Except for this limited warranty, Seller makes no other warranty and disclaims all other warranties or liabilities as to any Product, Software or IP, whether express, implied, statutory, or otherwise, including all warranties of merchantability, fitness for a particular purpose, title, ownership, non-infringement, and non-misappropriation. Special Products, labeling on Products and packaging that are intended solely for compliance with applicable law, and all Software are provided “as is” and without any warranty of any kind. The warranty obligations of Seller and the remedies of Buyer set out in this Section 11 are the sole and exclusive obligations of Seller and the sole and exclusive remedies of Buyer for all Claims and other liabilities arising out of or in connection with any warranty, nonconformance, failure, defect or breach of warranty. No obligation or liability will arise out of Seller’s rendering of advice or service in connection with Buyer’s purchase of the Products or any repair or replacement of a Product. No warranties will apply after the one- year period. Seller does not offer any warranties of any kind, and expressly disclaims all implied warranties, on services provided by Seller which are ancillary to the purchase of Products by Buyer including, but not limited to, software modifications, board-level designs, and reviews of Buyer’s products or designs. Buyer is solely responsible for complete and thorough testing of Buyer’s hardware and software and their interaction with the Products even if Seller has advised or assisted Buyer with such or testing. Seller is not liable for any defect in Buyer’s product, including but not limited to those that would have been detected if Buyer had adequately tested its product.

Appears in 3 contracts

Samples: Standard Terms and Conditions of Sale, Standard Terms and Conditions of Sale, Standard Terms and Conditions of Sale

AutoNDA by SimpleDocs

LIMITED WARRANTIES; EXCLUSIVE REMEDIES. Seller warrants to Buyer that Standard Products (i) are, at the time of Delivery, free from material defects in materials and workmanship and (ii) will, for a period of one year following Delivery, materially conform to the Specifications. This warranty xxxxxx xx does not apply to Die, Wafers, and Special Products or to Products that Seller determines: (i) is in other than its original condition or (ii) has been subjected to Unauthorized Uses under Section 13. Seller’s sole and exclusive liability and Buyer’s sole and exclusive remedy will be for Seller (at Seller’s option and conditioned upon Buyer’s compliance with the requirements of this Section) as to the affected Products: (i) to refund the purchase price paid; (ii) to deliver to Buyer a replacement. This warranty and any remedy extend to Buyer only and Seller has no liability to any of Buyer’s Customers, users or any other third party. Except for this limited warranty, Seller makes no other warranty and disclaims all other warranties or liabilities as to any Product, Software or IP, whether express, implied, statutory, or otherwise, including all warranties of merchantability, fitness for a particular purpose, title, ownership, non-infringementnon -infringement, and non-misappropriation. Special Products, labeling on Products and packaging that are intended solely for compliance with applicable law, and all Software are provided “as is” and without any warranty of any kind. The warranty obligations of Seller and the remedies of Buyer set out in this Section 11 are the sole and exclusive obligations of Seller and the sole and exclusive remedies of Buyer for all Claims and other liabilities arising out of or in connection with any warranty, nonconformance, failure, defect or breach of warranty. No obligation or liability li ability will arise out of Seller’s rendering of advice or service in connection with Buyer’s purchase of the Products or any repair or replacement of a Product. No warranties will apply after the one- year period. Seller does not offer any warranties of any kind, and expressly disclaims all implied warranties, on services provided by Seller which are ancillary to the purchase of Products by Buyer including, but not limited to, software modifications, board-level designs, and reviews of Buyer’s products or designs. Buyer is solely responsible for complete and thorough testing of Buyer’s hardware and software and their interaction with the Products even if Seller has advised or assisted Buyer with such or testing. Seller is not liable for any defect in Buyer’s product, including but not limited to those that would have been detected if Buyer had adequately tested its product.

Appears in 1 contract

Samples: Standard Terms and Conditions of Sale

LIMITED WARRANTIES; EXCLUSIVE REMEDIES. Seller Silicon Labs warrants to Buyer that that, during the Warranty Period, Standard Products and Customer-Specific Products (i) are, at the time of Delivery, are free from material defects in materials and workmanship and (ii) will, for a period of one year following Delivery, materially conform to the Specifications. This warranty does not apply to DieCustom Products, WafersNonstandard Products or Software, and Special Products or to Products that Seller Silicon Labs determines: (i) is have been modified or damaged in other than its original condition any way by Buyer or a third party (ii) has have been packaged, stored or shipped contrary to Silicon Labs’ Specifications, (iii) have been subjected to Unauthorized Uses under Section 1317, or (iv) Products for which an “end of life” notice has been given and which are purchased by Buyer in a “last time buy” opportunity, all of which Products are provided “AS IS”, without warranty of any kind, and cannot be returned to Silicon Labs for any reason. Seller’s Silicon Labs does not warrant against interference with your use of the Products, that the operation of the Products will be uninterrupted or error-free, or that defects in the Products will be corrected. Silicon Labs’ sole and exclusive liability and Buyer’s sole and exclusive remedy will be for Seller Silicon Labs (at Seller’s Silicon Labs’ option and conditioned upon Buyer’s compliance with the requirements of this Section) as to the affected Products: (i) to refund the purchase price paid; (ii) to deliver to Buyer a replacement; or (iii) to repair such Product. This warranty and any remedy extend to Buyer only and Seller Silicon Labs has no liability to any of Buyer’s Customers, users or any other third party. Except for this limited warranty, Seller to the fullest extent permitted by law, Silicon Labs makes no other warranty and disclaims all other warranties or liabilities as to any Product, Software or IP, whether express, implied, statutory, or otherwise, including all warranties of merchantability, fitness for a particular purpose, title, ownership, non-non- infringement, and non-misappropriation. Special Custom Products, Nonstandard Products labeling on Products and packaging that are intended solely for compliance with applicable law, and all Software are provided “as isAS IS” and without any warranty of any kind. Silicon Labs does not warrant and disclaims that Products or Software are free from defects that could cause vulnerability to cyber-attack, data breach, loss of data, or privacy violations. The warranty obligations of Seller Silicon Labs and the remedies of Buyer set out in this Section 11 12 are the sole and exclusive obligations of Seller Silicon Labs and the sole and exclusive remedies of Buyer for all Claims and other liabilities arising out of or in connection with any warranty, nonconformance, failure, defect or breach of warranty. No obligation or liability will arise out of Seller’s Silicon Labs’ rendering of advice or service in connection with Buyer’s purchase of the Products or any repair or replacement of a Product. Silicon Labs does not warrant that Product security measures are incapable of being compromised or circumvented. Product performance and security measures may be affected by use with third- party products or services that are beyond Silicon Labs’ control. Silicon Labs is not responsible for damages and losses due to the operation of third -party products and services. Buyer accepts full responsibility for all risks that Buyer or Xxxxx’s property may be harmed by third-party products and services. No warranties will apply after the one- year periodexpiration of the Warranty Period. Seller Silicon Labs does not offer any warranties of any kind, and expressly disclaims all implied warranties, on services provided by Seller Silicon Labs which are ancillary to the purchase of Products by Buyer including, but not limited to, software Software modifications, board-level designs, and reviews of Buyer’s products or designs. Buyer is solely responsible for complete and thorough testing of Buyer’s hardware and software and their interaction with the Products even if Seller Silicon Labs has advised or assisted Buyer with such or testing. Seller Silicon Labs is not liable for any defect in Buyer’s product, including but not limited to those that would have been detected if Buyer had adequately tested its product. All of the preceding exclusions from Silicon Labs’ liability and limitations on Silicon Labs’ warranties are applicable even if Silicon Labs was aware, or should have been aware, of foreseeable damages or particular risks to Buyer.

Appears in 1 contract

Samples: Terms and Conditions of Sale

AutoNDA by SimpleDocs

LIMITED WARRANTIES; EXCLUSIVE REMEDIES. Seller warrants to Buyer that Standard Products (i) are, at the time of Delivery, free from material defects in materials and workmanship and (ii) will, for a period of one year two years* following Delivery, materially conform to the Specifications. This warranty does not apply to Die, Wafers, and Special Products or to Products a Product that Seller determines: (i) is in other than its original condition or (ii) has been subjected to Unauthorized Uses under Section 1315. Seller’s sole and exclusive liability and Buyer’s sole and exclusive remedy will be for Seller (at Seller’s option and conditioned upon Buyer’s compliance with the requirements of this Section) as to the affected Products: (i) to refund the purchase price paid; (ii) to deliver to Buyer a replacement; or (iii) to repair such Product. This warranty and any remedy extend to Buyer only and Seller has no liability to any of Buyer’s Customers, users or any other third party. Except for this limited warranty, Seller makes no other warranty and disclaims all other warranties or liabilities as to any Product, Software or IP, whether express, implied, statutory, or otherwise, including all warranties of merchantability, fitness for a particular purpose, title, ownership, non-infringement, and non-misappropriation. Special Products, labeling on Products and packaging that are intended solely for compliance with applicable law, and all Software are is provided “as is” and without any warranty of any kind. The warranty obligations of Seller and the remedies of Buyer set out in this Section 11 are the sole and exclusive obligations of Seller and the sole and exclusive remedies of Buyer for all Claims and other liabilities arising out of or in connection with any warranty, nonconformance, failure, defect or breach of warranty. No obligation or liability will arise out of Seller’s rendering of advice or service in connection with Buyer’s purchase of the Products or any repair or replacement of a Product. No warranties will apply after the one- year two- year* period. Seller does not offer any warranties of any kind, and expressly disclaims all implied warranties, on services provided by Seller which are ancillary to the purchase of Products by Buyer including, but not limited to, software modifications, board-level designs, modifications and reviews of Buyer’s products or designs. Buyer is solely responsible for complete and thorough testing of Buyer’s hardware and software and their interaction with the Products even if Seller has advised or assisted Buyer with such or testing. Seller is not liable for any defect in Buyer’s product, including but not limited to those that would have been detected if Buyer had adequately tested its product.

Appears in 1 contract

Samples: Sales Contract

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!