Common use of Limited Warranty Disclaimer Limitation of Liability Clause in Contracts

Limited Warranty Disclaimer Limitation of Liability. MicroGroup hereby warrants that the goods sold hereunder will conform to Customer’s drawings and specifications, if applicable. This limited warranty is of no effect if (i) the nonconformity resulted from Customer’s misuse, accident or improper storage or handling; (ii) the nonconformity resulted from Customer’s design; or (iii) the nonconformity resulted from damages occurring after delivery. Notwithstanding anything else contained herein, MicroGroup assumes no liability for or obligation related to the performance, accuracy, specifications, failure to meet specifications or defects of or due to tooling, designs, or instructions produced or supplied by Customer and Customer shall be liable for costs and expenses incurred by MicroGroup related thereto. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, MICROGROUP MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL MICROGROUP BE LIABLE FOR LOSS OF PROFITS, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES UNDER THIS AGREEMENT OR FROM ANY CAUSE WHATSOEVER. CUSTOMER ASSUMES ALL LIABILITY FOR ANY AND ALL DAMAGES ARISING FROM OR IN CONNECTION WITH, THE USE OR MISUSE OF THE PRODUCTS BY BUYER, ITS EMPLOYEES, OR OTHERS. THIS LIMIATATION OF LIABILITY EXPRESSLY SURVIVES ANY REMEDY’S FAILURE OF ESSENTIAL PURPOSE.

Limited Warranty Disclaimer Limitation of Liability. MicroGroup hereby warrants that the goods sold hereunder will conform to Customer’s drawings and specifications, if applicable. This limited warranty is of no effect if (i) the nonconformity resulted from Customer’s misuse, accident or improper storage or handling; (ii) the nonconformity resulted from Customer’s design; or (iii) the nonconformity resulted from damages occurring after delivery. Notwithstanding anything else contained herein, MicroGroup assumes no liability for or obligation related to the performance, accuracy, specifications, failure to meet specifications or defects of or due to tooling, designs, or instructions produced or supplied by Customer and Customer shall be liable for costs and expenses incurred by MicroGroup related thereto. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, MICROGROUP MAKES NO REPRESENTATIONS AND EXTENDS NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL MICROGROUP BE LIABLE FOR LOSS OF PROFITS, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES UNDER THIS AGREEMENT OR FROM ANY CAUSE WHATSOEVER. CUSTOMER ASSUMES ALL LIABILITY FOR ANY AND ALL DAMAGES ARISING FROM OR IN CONNECTION WITH, THE USE OR MISUSE OF THE PRODUCTS BY BUYER, ITS EMPLOYEES, OR OTHERS. THIS LIMIATATION OF LIABILITY EXPRESSLY SURVIVES ANY REMEDY’S FAILURE OF ESSENTIAL PURPOSE. Limitation of Remedy. Provided MicroGroup is notified within thirty (30) days after receipt of the shipment of any goods sold hereunder, Customer may, after obtaining a returned material authorization, return to MicroGroup, at MicroGroup’s expense any goods sold by MicroGroup to Customer hereunder which do not conform to Customer’s drawings and specifications, for repair, replacement or credit, at the election of MicroGroup. THE FOREGOING SHALL BE MICROGROUP’S SOLE AND EXCLUSIVE LIABILITY AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY GOODS THAT DO NOT CONFORM TO CUSTOMER’S DRAWINGS AND SPECIFICATIONS OR FOR MICROGROUP’S BREACH OF THE LIMITED WARRANTY CONTAINED IN SECTION 9 (LIMITED WARRANTY). MicroGroup may charge to Customer any costs resulting from the testing, handling, and disposition of any goods returned by Customer which are not found by MicroGroup to be nonconforming. Credit balances that have occurred for any reason, including but not limited to returned material, that are not utilized by the customer within 180 days of issue are invalid.