Limited Warranty; Limitation of Liability. The Seller warrants that the Goods will be free from defects in material and workmanship for a period of twelve (12) months from delivery, or such other period as shall be agreed upon in writing by the parties. Seller’s limited warranty excludes remedy for damage or defect caused by abuse; failure to resist corrosion or erosion from any corrosive agent or fluid, or due to deposits of foreign material from any fluid; modifications not executed by Seller; improper installation or operation; defects or failures arising out of, in any way related to, or as a result, either direct or indirect, of the Buyer’s failure to properly advise the Seller of all normal and special operating conditions, known to or suspected by the Buyer, when the Seller is manufacturing the Product for a specific operation; or normal wear and tear under normal usage. All weights stated in Seller’s catalog and lists are approximate and are excluded from this warranty. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPH, THE SELLER MAKES NO OTHER WARRANTY WITH RESPECT TO THE GOODS DELIVERED HEREUNDER AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, ARISING BY OPERATION OF LAW OR OTHERWISE. Seller must be notified in writing of any defect in the Goods within a reasonable period of time after discovery (not to exceed thirty (30) days) and the defective Goods must be delivered within the warranty period specified above, prepaid, to Seller’s factory, with evidence that the Goods have been properly installed, maintained and operated in accordance with Seller’s instructions. If the Seller determines that any such returned Goods are not in conformity with the warranty set forth herein, then Seller shall, at its sole option and expense, either repair the same or supply replacement Goods. The remedies of Buyer set forth herein are exclusive, and the total liability of Seller hereunder, whether based on contract, warranty, negligence, indemnity, strict liability or otherwise, and shall not exceed the purchase price of the Goods giving rise to any such claim for liability. IN NO EVENT SHALL SELLER OR ITS SUPPLIERS BE LIABLE TO BUYER, ANY SUCCESSORS IN INTEREST, OR ANY BENEFICIARY OF THIS CONTRACT FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES OR LOSSES, OR FOR ANY SECONDARY CHARGES OR ADMINISTRATIVE OR PUNITIVE DAMAGES, FINES, PENALTIES, FEES, EXPENSES AND OTHER CHARGES, ARISING OUT OF THE CONTR...
Limited Warranty; Limitation of Liability. REVVITY OMICS, INC., VIACORD, LLC, AND THEIR RESPECTIVE AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS AND SERVICE PROVIDERS, INCLUDING THE ORDERING PROVIDER AND ITS CONTRACTORS, SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT REVVITY OR VIACORD HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL REVVITY’S OR VIACORD’S, OR THEIR RESPECTIVE AFFILIATES’, DIRECTORS’, EMPLOYEES’, AGENTS’ OR SERVICE PROVIDERS’, INCLUDING THE ORDERING PROVIDER’S AND ITS CONTRACTORS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES PROVIDED PURSUANT TO THESE TERMS AND CONDITIONS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID BY CUSTOMER PURSUANT TO THIS SERVICE AGREEMENT. THE AFOREMENTIONED LIMITATION OF LIABILITY SHALL NOT APPLY TO DEATH OR PERSONAL INJURY RESULTING FROM REVVITY OR VIACORD’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. CLIENT UNDERSTANDS AND AGREES THAT CLIENT IS GIVING UP CERTAIN RIGHTS THAT IT MIGHT OTHERWISE HAVE, NOW OR IN THE FUTURE, TO SUE OR OTHERWISE SEEK MONETARY DAMAGES OR OTHER RELIEF AGAINST REVVITY, VIACORD, THE ORDERING PROVIDER, OR THEIR AFFILIATES OR RESPECTIVE DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS FOR ANY REASON RELATING TO THE SEQUENCING SERVICES, OTHER THAN THE RIGHTS THAT YOU MAY HAVE UNDER THE AGREEMENT AND THIS EXHIBIT, IF ANY. THE CLIENT UNDERSTANDS THAT REVVITY AND VIACORD WILL NOT BE LIABLE FOR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS AND CONDITIONS (INCLUDING THE LOSS OR DESTRUCTION OF SAMPLE(S)) IN THE EVENT OF A FORCE MAJEURE WHICH MAY INCLUDE, WITHOUT LIMITATION, NATURAL DISASTERS, STRIKES, ACTS OF GOD, WAR, NON-TEMPORARY POWER FAILURES, EPIDEMIC, PANDEMIC, TERRORIST ATTACKS, AND GOVERNMENT REGULATIONS.
Limited Warranty; Limitation of Liability. 12.1 SENESCO represents and warrants that:
12.1.1 SENESCO has the power, authority and capacity to enter into this Agreement and the right to grant the license herein granted;
12.1.2 Nothing in this Agreement shall be construed as a warranty or representation as to the validity of any Patent;
12.1.3 Nothing in this Agreement shall be construed as a warranty or representation that anything developed, made, used, imported, or sold under any license under this Agreement is or will be free from infringement of domestic or foreign patents of third parties.
12.2 LICENSEE represents and warrants that LICENSEE has the right to enter into this Agreement and perform its obligations hereunder.
12.3 Nothing in this Agreement shall be deemed to be or construed as conferring by implication or otherwise any license or rights under any patents of SENESCO other than under the Licensed Patents, provided however that SENESCO will not assert any patent rights owned or licensed in by SENESCO 1) against LICENSEE’s legitimate use of the Licensed Technology and Licensed Know-How in the framework of its research and development activities under this Agreement and 2) against the commercial use of any product for which remuneration is paid, or is expected to be paid pursuant to Article 11.2 of this Agreement. For the avoidance of doubt, a Product incorporating a Licensee Improvement will be subject to the payment of a Product Launch fee in accordance with Article 11.2.
12.4 Neither Party shall be liable for any indirect, special, incidental or consequential damages in connection with this Agreement and its implementation.
12.5 LICENSEE does not guarantee that its activities pursuant to this Agreement will lead to any specific result.
12.6 LICENSEE shall not be liable for the consequences of its decisions or actions under Article 9 except for gross negligence and willful misconduct.
12.7 SENESCO makes no express or implied warranties of merchantability or fitness for a particular purpose with respect to the invention.
Limited Warranty; Limitation of Liability. Wolters Kluwer warrants to you that the Software shall perform substantially in accordance with accompanying documentation under normal use for a period of ninety (90) days from the purchase date. The entire and exclusive liability and remedy for breach of this Limited Warranty shall be, at Wolters Kluwer’s option, either (i) return of the purchase price of the Software, if the product purchased, or (ii) replacement of defective Software and/or documentation provided the Software and/or documentation is returned to Wolters Kluwer with proof of purchase. WOLTERS KLUWER AND ITS SUPPLIERS SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY OR GUARANTEE THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT THE SOFTWARE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED WARRANTY. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THAT THE SOFTWARE IS VIRUS-FREE. No action for the above Limited Warranty may be commenced after one (1) year following the expiration date of the warranty. If implied warranties may not be disclaimed under applicable law, then ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE PURCHASE DATE. INDEPENDENT OF THE FOREGOING PROVISIONS, IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING WITHOUT LIMITATION, TORT, CONTRACT, OR STRICT PRODUCTS LIABILITY, SHALL WOLTERS KLUWER BE LIABLE TOYOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, COMPUTER MALFUNCTION, OR ANY OTHER KIND OF COMMERCIAL DAMAGE, EVEN IF WOLTERS KLUWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WOLTERS KLUWER’S LIABILITY FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, EXCEED THE AMOUNT OF THE PURCHASE PRICE PAID FOR THE SOFTWARE.
Limited Warranty; Limitation of Liability. We are not responsible for the quality of the Image Deposits transmitted to us or the validity of any item included in an Image File. Our obligations set forth in Paragraphs 7(d) and 11, above, constitute your sole remedy for occurrences of the type described therein. EXCEPT AS STATED HEREIN, WE DISCLAIM ALL OTHER WARRANTIES, WHETHER WRITTEN, ORAL, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE WILL IN NO EVENT BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, NOR WILL WE BE RESPONSIBLE TO INDEMNIFY YOU FOR THIRD PARTY CLAIMS. IN NO EVENT SHALL WE OR OUR PROCESSING CENTER BE LIABLE FOR THE FACE VALUE OF ANY ITEM.
Limited Warranty; Limitation of Liability. 4.1. Limited Warranty. Securolytics grants Customer the service level warranties set forth in Exhibit A attached hereto (“Service Level Warranties”), subject to the terms and conditions set forth therein. The remedies set out for each of the Service Level Warranties shall be Customer’s sole and exclusive remedies, and Securolytics’ sole and exclusive liability, in contract, tort or otherwise, for any breach of the Service Level Warranties. Notwithstanding anything set forth herein or in the Service Level Warranties, the maximum cumulative liability of Securolytics in any calendar month shall be no more than 100% of the monthly charge paid by Customer for the affected Services.
4.2. Disclaimer of Warranties. EXCEPT AS OTHERWISE PROVIDED HEREIN, ANY SERVICES PROVIDED BY SECUROLYTICS EITHER DIRECTLY OR INDIRECTLY ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND TO CUSTOMER OR ANY THIRD PARTY INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EFFORT TO ACHIEVE PURPOSE, QUALITY, ACCURACY, NON-INFRINGEMENT, AND QUIET ENJOYMENT.
Limited Warranty; Limitation of Liability. (a) Each Party represents that it will use reasonable care in providing Services to the other Party, and such Services shall be provided by in accordance with all applicable laws, rules, and regulations. EXCEPT AS SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE, ALL SERVICES AND PRODUCTS ARE RENDERED AND PROVIDED AS IS, WHERE IS, WITH ALL FAULTS, AND NEITHER PARTY MAKES, AND HEREBY DISCLAIMS AND NEGATES ANY AND ALL, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES RENDERED OR PRODUCTS OBTAINED FOR THE OTHER PARTY. FURTHERMORE, NEITHER PARTY MAY RELY UPON ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE MADE TO ONE PARTY BY THE OTHER PARTY (INCLUDING, A MEMBER OF SUCH PARTY’S GROUP) PERFORMING SERVICES ON BEHALF OF A PARTY HEREUNDER, UNLESS SUCH PARTY MAKES AN EXPRESS WARRANTY.
(b) In the event of any breach of this Agreement by one Party with respect to any error or defect in the provision of any Service, the breaching Party shall correct in all material respects such error or defect or perform again in all material respects such Service at the request of the non-breaching Party and at the expense of the other Party. The remedy set forth in this Section 3.6(b) shall be the only remedy of for any such breach. To be effective, any such request must (i) specify in reasonable detail the particular error or defect, (ii) be made no more than thirty (30) days from the date such service was provided, and (iii) be made no less than thirty (30) days prior to the date the Party ceases to provide such service.
(c) IT IS EXPRESSLY UNDERSTOOD BY SSL THAT SUNEDISON AND THE MEMBERS OF THE SUNEDISON GROUP SHALL HAVE NO LIABILITY FOR THE FAILURE TO PERFORM ANY SERVICES HEREUNDER AND FURTHER THAT SUNEDISON AND THE MEMBERS OF THE SUNEDISON GROUP SHALL HAVE NO LIABILITY WHATSOEVER FOR THE SERVICES PROVIDED BY ANY THIRD PARTY, UNLESS IN EITHER EVENT SUCH SERVICES ARE PROVIDED IN A MANNER THAT CONSTITUTES GROSS NEGLIGENCE OR WILLFUL MISCONDUCT ON THE PART OF SUNEDISON OR THE MEMBERS OF THE SUNEDISON GROUP. SSL AGREES THAT THE REMUNERATION PAID TO SUNEDISON HEREUNDER FOR THE SERVICES TO BE PERFORMED REFLECT THIS LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES. IN NO EVENT SHALL SUNEDISON BE LIABLE TO SSL OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PU...
Limited Warranty; Limitation of Liability. West Central represents that it will use reasonable efforts to provide or cause to be provided the Services to be provided in a wxxxxxx like manner. EXCEPT AS SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE AND IN SECTION 1 HEREOF, WEST CENTRAL MAKES NO (AND HEREBY DISCLAIMS AND NEGATES ANY AND ALL) REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES RENDERED TO REG. West Central and its shareholders, directors, officers, employees and agents shall not be liable to REG or to any other person for any act or omission in the course of performance of their duties hereunder except for their gross negligence, willful misfeasance, or reckless disregard of duty or their not having acted in good faith in the reasonable belief that their action was in the best interests of REG.
Limited Warranty; Limitation of Liability. (a) 2020 warrants that the Service will be provided with due care.
(b) 2020 is not liable for the accuracy, truthfulness, or validity of any data entered by Customer or provided through the Service. 2020 is not liable for the loss of any Customer Data.
(c) Customer's sole and exclusive remedy if it is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines, or practices of 2020 is to discontinue using the Service by logging in to their user account and cancelling.
Limited Warranty; Limitation of Liability. 4.1 Bank warrants that the Services will be performed in a workmanlike manner. NCI's sole and exclusive remedy for the breach of this warranty shall be, at Bank's option: (i) to have those Services in breach of warranty performed again without charge; or, (ii) to have refunded to NCI any amounts paid to Bank for such Services. ALL OTHER WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED.
