LIMITED WARRANTY & LIABILITY Sample Clauses

LIMITED WARRANTY & LIABILITY. Discloser warrants that it has the right to disclose the Confidential Information to Recipient. Discloser makes no other warranties in respect of the Confidential Information and provides all information “AS IS” without any express or implied warranty of any kind, including any warranty as to merchantability, fitness for a particular purpose, accuracy, completeness or violation of third party intellectual property rights. Neither party will be liable for any special, incidental or consequential damages of any kind whatsoever resulting from the disclosure, use or receipt of the Confidential Information.
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LIMITED WARRANTY & LIABILITY. 8.1 We make no warranty other than that the goods sold pursuant to the contract will meet the specifications for the goods. WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. 8.2 Warranty claims by the contracting party require compliance with the contracting party's required obligation of inspection and notification (see Section 4) as specified. All observed defects must be notified to us without delay - within 10 business days of delivery at the latest – with specification and description of the notified defect; otherwise the goods will be deemed to be accepted. 8.3 We accept no liability (i) if the goods are improperly stored, installed, operated or used by the contracting party or third parties; (ii) in case of natural wear, absence of confirmation of proper maintenance or noncompliance with the maintenance intervals specified in the documentation or the use of unsuitable operating material; or (iii) with respect to damage caused by repairs or other work by third parties that was not specifically approved by us. 8.4 If the fault is accepted by us as our responsibility, at our option, we will correct the problem, replace the item or refund any price paid. The contracting party will have the right to cancel the contract only if replacement or repair after notification of the defect has failed twice. However, the right of cancellation of the contract requires that the goods deviate from the agreed delivery and performance data to the extent that the contracting party cannot be expected to retain the goods for business reasons. The contracting party will have no claim for damages apart from cancellation of the contract. 8.5 The contracting party will have no further claims for defects in the item, unless we have acted improperly or given express written guarantees. 8.6 The warranty period is one year from acceptance of the goods without defects, but (if applicable) no longer than 15 months after delivery of the last part of the system if the contracting party has good reason for delay in the acceptance. 8.7 Our liability pursuant to the contract, regardless of the legal reason, is restricted to damages proven to be caused directly by our intentional malfeasance and gross negligence. 8.8 In no event shall either party be liable to the other for any special, exemplary, indirect, consequential or punitive damages, or loss of prof...
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LIMITED WARRANTY & LIABILITY. Developer warrants that it has the right to disclose the Confidential Information to Recipient. Developer makes no other warranties in respect of the Confidential Information and provides all information “AS IS” without any express or implied warranty of any kind, including any warranty as to merchantability, fitness for a particular purpose, accuracy, completeness or violation of third party intellectual property rights. In no event will Developer be liable for any special, incidental or consequential damages of any kind whatsoever resulting from the disclosure, use or receipt of the Confidential Information.
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LIMITED WARRANTY & LIABILITY a) All services, software updates, goods, information and other things provided by NHA to Customer in the course of NHA’s performance of this Agreement (“Deliverables”) shall be prepared and performed in a workmanlike manner. Except as expressly stated in the preceding sentence, NHA makes no warranties or representations with regard to any Deliverables or the performance thereof, either express or implied, and all other express or implied warranties including but not limited to, implied warranties or conditions of merchantability, fitness for particular purpose, title and noninfringement of intellectual property rights of any third party are expressly disclaimed by NHA to the maximum extent permitted by applicable laws. b) NHA at its option shall either repair, reperform or refund the amount paid by Customer for Deliverables which fail to satisfy the express warranty set forth in Part 10(a). NHA shall have no liability to Customer of any type or nature whatsoever and, without limitation, NHA shall have no liability to Customer for indirect, incidental or consequential damages, or for loss of profits, revenue, or business opportunity, and the limitations set forth herein shall apply to any and all claims regardless of whether such claims arise under contract, tort, strict liability or other form of action. Customer acknowledges and agrees that NHA is not an insurer and that the prices for Deliverables offered to Customer are based on NHA’s liability being limited in the manner specified in this Part 10(b). The parties acknowledge, however, that the foregoing limitations do not apply to claims against NHA by third parties for bodily injury or death caused by alleged negligent acts or omissions of NHA. Further, if notwithstanding the foregoing limitations on NHA’s liability, NHA is deemed to have liability in excess of that which is expressly set forth in this Part 10(b) then the maximum liability of NHA for any damages, obligations or other adverse consequences sustained by Customer shall not exceed the greater of (i) the amount paid by Customer to NHA for the particular Deliverable which is alleged to give rise to the claim, liability or other adverse consequences, or (ii) Thirty Thousand Dollars ($30,000).
Sample 1
LIMITED WARRANTY & LIABILITY a) All services, Software, updates, goods, information and other things provided by NHA to Customer in the course of NHA’s performance of this Agreement (collectively and individually “Deliverables”) shall be prepared and performed in a workmanlike manner. Except as expressly stated in the preceding sentence, NHA makes no warranties or representations with regard to any Deliverables or the performance thereof, either express or implied, and all other express or implied warranties including but not limited to, implied warranties or conditions of merchantability, fitness for particular purpose, title and noninfringement of intellectual property rights of any third party are expressly disclaimed by NHA to the maximum extent permitted by applicable laws. b) NHA at its option shall either repair, reperform or refund the amount paid by Customer for Deliverables which fail to satisfy the express warranty set forth in Part 10(a). NHA shall have no other liability or responsibility to Customer of any type or nature whatsoever and, without limitation, NHA shall have no liability to Customer for indirect, incidental or consequential damages, or for loss of profits, revenue, or business opportunity, and the limitations set forth herein shall apply to any and all claims regardless of whether such claims arise under contract, tort, strict liability or other form of action. Customer acknowledges and agrees that NHA is not an insurer and that the prices for Deliverables
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LIMITED WARRANTY & LIABILITY. LIMITED ----------------------------------- 7.1 LIMITED WARRANTY: MHA warrants that the Software, when correctly used on correctly functioning hardware and internet access services and when used with correctly maintained and functioning databases, will for a period of 12 months from the date that the Software is delivered to the Client: (i) enable Client's clients to import product data using a pre-determined ASCII delimited text format suitable for database professionals; (ii) enable manual editing of Client's client and contact records through a password protected graphical user interface; (iii) enable customers of the Client to search for and order products listed in the inventory databases through an online graphical user interface at Client's Shop Engine web site(s); (iv) enable payment processing through a reputable online payment solution provider specified by Client and reasonably acceptable to MHA as to practical and technical viability; and (v) enable tracking of banner graphic images to indicate which image was shown, to which IP address the image was shown, the number of click - throughs for each image and to enable the control of the number of times the image appears (assuming there is adequate site traffic). THE FOREGOING ARE THE EXCLUSIVE WARRANTIES UNDER THIS AGREEMENT AND IN LIEU OF ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT OF A THIRD PARTY RIGHTS. For any breach of the foregoing warranties, Client's exclusive remedy and MHA's entire liability will be commercially reasonable efforts of MHA, during the stated warranty period, to correct errors in the Software that cause the breach of warranty.
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LIMITED WARRANTY & LIABILITY. Pangea warrants to Andain that the material, analysis and services to be delivered or rendered hereunder, will be of the kind and quality designated and will be performed by qualified personnel. Pangea makes no other warranties, whether written, oral or implied, including without limitation, warranty of fitness for purpose or merchantability. In no event shall Pangea be liable for special or consequential damages, either in contract or tort, whether or not the possibility of such damages has been disclosed to Pangea in advance or could have been reasonably foreseen by Pangea, and in the event this limitation of damages is held unenforceable then the parties agree that by reason of the difficulty in foreseeing possible damages all liability to Andain shall be limited to One Hundred Dollars ($100.00) as liquidated damages and not as a penalty. Andain agrees to indemnify Pangea for any and all liabilities or loss to third parties arising in any way out of the performance of the Services rendered hereunder.
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Related to LIMITED WARRANTY & LIABILITY

  • Warranty Liability 6.1 The Seller represents and warrants that: (i) the Goods shall comply with all specifications and requirements contained in the Order or agreed in writing between the Buyer and Seller; (ii) the Goods shall be state of the art and new; (iii) the Goods shall be fit for the particular purposes that such specific Goods will usually be expected to be used for; (iv) the Goods shall be free from defects in design, materials and workmanship; (v) the Goods shall satisfactorily comply with the performance requirements expected by the Buyer; and (vi) the Goods shall meet all applicable statutory requirements and standards, especially those relating to the environment, safety and health (individually “Warranty” and collectively the “Warranties”). Any representations or warranties relating to the Goods and included in the Seller's catalogues, brochures, proposals, sales literature and quality systems or otherwise made by the Seller to the Buyer (whether verbally or in writing) shall be binding on Seller. The Seller warrants the adequacy of the technical specifications of the Order to meet the specific needs of the Buyer, and the Seller acknowledges having examined those specifications thoroughly. 6.2 The Seller warrants that all Goods sold and delivered to the Buyer (whether in terms of clause 4.1 or otherwise) are free from any lien or encumbrance of any nature whatsoever and upon delivery (whether in terms of clause 4.1 or otherwise), of the Goods to the Buyer, free and unencumbered ownership of the Goods shall pass to the Buyer upon receipt of payment for the Goods and thereafter the Buyer will be the sole owner of, and have valid and exclusive title to, the Goods. The Seller warrants further that no third party shall have any right to acquire the Goods. 6.3 The Seller warrants that the Goods will comply with the Manufacturers’ Warranty from date of delivery thereof. 6.4 If any Goods at any time are found not to comply with the Manufacturers’ Warranty, the Buyer shall be entitled, at its sole discretion, by written notice to the Seller to: (a) rescind the Order according to the provisions of clause 10 (Termination); (b) accept such Goods with a reduction in price equal to a reasonable estimate of the reduced utility of the Goods to the Buyer; or

  • Limited Warranty Seller warrants to Customer for a period of twelve (12) months following delivery only that (a) the Products shall conform to the description and specifications, subject to industry standard tolerances and variations; and (b) Seller has good title to the Products free and clear of liens, security interests or encumbrances by any party claiming by, through or under Seller. SELLER HEREBY DISCLAIMS AND CUSTOMER HEREBY WAIVES ANY AND ALL OTHER ORAL OR WRITTEN WARRANTIES IN RESPECT OF THE PRODUCTS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF DESIGN, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES UNLESS EXPRESSLY MADE IN WRITING AND SIGNED BY AN OFFICER OF SELLER. Seller’s liability shall be limited, at Seller’s option, to repair or replacement of non-conforming Products or refund of the purchase price. The foregoing sets forth Seller’s entire obligation and liability to Customer in respect of the Products, and Customer accepts the same as its entire right and sole remedy in relation to any breach by Seller of these Terms and Conditions. IN NO EVENT OR CIRCUMSTANCE WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY TYPE OR NATURE EVEN IF SELLER HAS REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. SELLER’S TOTAL LIABILITY ARISING OUT OF OR IN ANY WAY RELATED TO THE PRODUCTS, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR GROSS NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CAUSE OF ACTION, SHALL IN NO EVENT EXCEED THE PURCHASE PRICE ACTUALLY PAID BY CUSTOMER FOR THE PRODUCTS TO WHICH SUCH LIABILITY RELATES.

  • Indemnity/Liability You shall indemnify, and hold harmless RIM, the RIM Group of Companies, RIM's affiliates, suppliers, successors, agents, authorised distributors, (including Airtime Service Providers) and assigns and each of their directors, officers, employees and independent contractors (each a "RIM Indemnified Party") from any damages, losses, costs or expenses (including reasonable lawyers’ fees and costs) incurred by a RIM Indemnified Party, and at the RIM Indemnified Party’s request defend at Your expense any third party claim or proceeding brought against the RIM Indemnified Party, arising from: (a) infringement of patents or other intellectual property or proprietary rights arising from combining with or using any device (other than a BlackBerry Handheld Product), system or service in connection with Your BlackBerry Solution or any portion thereof; or (b) Your breach of this Agreement or any Addendum to this Agreement. No remedy herein conferred upon RIM is intended to be, nor shall it be construed to be, exclusive of any other remedy provided herein or as allowed by law or in equity, but all such remedies shall be cumulative.

  • Primary Liability The liability of Guarantor with respect to the Master Lease shall be primary, direct and immediate, and Landlord may proceed against Guarantor: (a) prior to or in lieu of proceeding against Tenant, its assets, any security deposit, or any other guarantor; and (b) prior to or in lieu of pursuing any other rights or remedies available to Landlord. All rights and remedies afforded to Landlord by reason of this Guaranty or by law are separate, independent and cumulative, and the exercise of any rights or remedies shall not in any way limit, restrict or prejudice the exercise of any other rights or remedies. In the event of any default under the Master Lease, a separate action or actions may be brought and prosecuted against Guarantor whether or not Tenant is joined therein or a separate action or actions are brought against Tenant. Landlord may maintain successive actions for other defaults. Landlord’s rights hereunder shall not be exhausted by its exercise of any of its rights or remedies or by any such action or by any number of successive actions until and unless all indebtedness and Obligations the payment and performance of which are hereby guaranteed have been paid and fully performed.

  • Warranty and Liability Except to the extent prohibited by Applicable Law, Free of Charge Services are provided “as is” without warranties of any kind and in the then-current version made available by us from time to time without support and availability commitments. We are not obliged to offer post- termination assistance. Siemens’ entire liability for all claims, damages, and indemnities arising out of or related to your use of a Free of Charge Service will not exceed, in the aggregate, the amount of EUR 1,000.00 (or the equivalent amount in local currency).

  • Third Party Liability For the purposes of the Contracts (Rights of Third Parties) Xxx 0000 this Agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.

  • Product Warranty and Product Liability Set forth in Schedule 3.14 of the Disclosure Schedule is a true, correct and complete copy of the Company's standard warranty or warranties for sales of its products.

  • Extended Warranty If the Quote includes an extended warranty, the extended warranty coverage period warranty will be for a 5-year term, which includes the hardware manufacturer’s warranty plus the 4-year extended term.

  • Limited Warranties State Street represents and warrants that it is the owner of and has the right to grant access to the System and to provide the Remote Access Services contemplated herein. Because of the nature of computer information technology including, but not limited to, the use of the Internet, and the necessity of relying upon third party sources, and data and pricing information obtained from third parties, the System and Remote Access Services are provided “AS IS”, and the Customer and its Authorized Designees shall be solely responsible for the investment decisions, results obtained, regulatory reports and statements produced using the Remote Access Services. State Street and its relevant licensors will not be liable to the Customer or its Authorized Designees for any direct or indirect, special, incidental, punitive or consequential damages arising out of or in any way connected with the System or the Remote Access Services, nor shall either party be responsible for delays or nonperformance under this Addendum arising out of any cause or event beyond such party’s control. State Street will take reasonable steps to ensure that its products (and those of its third-party suppliers) reflect the available state of the art technology to offer products that are Year 2000 compliant, including, but not limited to, century recognition of dates, calculations that correctly compute same century and multi century formulas and date values, and interface values that reflect the date issues arising between now and the next one-hundred years, and if any changes are required, State Street will make the changes to its products at no cost to you and in a commercially reasonable time frame and will require third-party suppliers to do likewise. The Customer will do likewise for its systems. EXCEPT AS EXPRESSLY SET FORTH IN THIS ADDENDUM, STATE STREET, FOR ITSELF AND ITS RELEVANT LICENSORS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES CONCERNING THE SYSTEM AND THE SERVICES TO BE RENDERED HEREUNDER, WHETHER EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. State Street will defend or, at our option, settle any claim or action brought against the Customer to the extent that it is based upon an assertion that access to the System or use of the Remote Access Services by the Customer under this Addendum constitutes direct infringement of any patent or copyright or misappropriation of a trade secret, provided that the Customer notifies State Street promptly in writing of any such claim or proceeding and cooperates with State Street in the defense of such claim or proceeding. Should the System or the Remote Access Services or any part thereof become, or in State Street’s opinion be likely to become, the subject of a claim of infringement or the like under any applicable patent or copyright or trade secret laws, State Street shall have the right, at State Street’s sole option, to (i) procure for the Customer the right to continue using the System or the Remote Access Services, (ii) replace or modify the System or the Remote Access Services so that the System or the Remote Access Services becomes noninfringing, or (iii) terminate this Addendum without further obligation.

  • University Liability The University is not responsible for any damage or injury to the Student or any other individual or property in University Housing beyond its control. The Student agrees that the University is not responsible for any damage or injury from any act of another resident or any other person. The Student agrees that the University is not responsible or liable to the Student for any personal property that is lost, stolen, or missing from University Housing. The Student shall be responsible for having adequate and appropriate insurance (i.e., homeowners supplemental insurance and/or renter’s insurance) to protect against any loss or damage to the Student’s personal property, University property and/or University Housing (e.g. fire caused by student).

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