Limited Warranty; Limitation of Liability. As stated in the Dell Customer Master Services Agreement (CMSA): Limited Warranty. DELL WARRANTS THAT SERVICES WILL BE PERFORMED IN A GOOD AND WORKMANLIKE MANNER. EXCEPT AS EXPRESSLY STATED IN THE PRECEDING SENTENCE, DELL MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SERVICES, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY RELATING TO THIRD PARTY PRODUCTS OR THIRD PARTY SERVICES; ANY WARRANTY WITH RESPECT TO THE PERFORMANCE OF ANY HARDWARE OR SOFTWARE USED IN CONDUCTING SERVICES; ANY WARRANTY CONCERNING THE RESULTS TO BE OBTAINED FROM THE SERVICES OR THE RESULTS OF ANY RECOMMENDATION DELL MAY MAKE; AND,ANY IMPLIED WARRANTIES CONCERNING THE PERFORMANCE, MERCHANTABILITY, SUITABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE OF ANY OF THE DELIVERABLES OR OF ANY SYSTEM THAT MAY RESULT FROM THE IMPLEMENTATION OF ANY RECOMMENDATION DELL MAY PROVIDE. Limitation of Liability. NEITHER CUSTOMER, DELL NOR DELL’S SUBCONTRACTORS WILL BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES PROVIDED BY DELL EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. DELL SHALL NOT HAVE LIABILITY FOR (I) LOSS OF INCOME, PROFIT, OR SAVINGS, WHETHER DIRECT OR INDIRECT, (II) LOST OR CORRUPTED DATA OR SOFTWARE, OR (III) PRODUCTS NOT BEING AVAILABLE FOR USE. EXCEPT FOR CLAIMS THAT THE SERVICES (EXCLUDING THIRD PARTY PRODUCTS) CAUSED BODILY INJURY (INCLUDING DEATH) DUE TO DELL’S NEGLIGENCE OR WILLFUL MISCONDUCT, DELL’S TOTAL LIABILITY ARISING OUT OF, OR IN CONNECTION WITH, ANY SERVICES PURCHASED PURSUANT TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER FOR THE SPECIFIC SERVICE(S) GIVING RISE TO SUCH CLAIM DURING THE PRIOR TWELVE MONTH PERIOD. High Risk Application Disclaimer. Dell has not tested or certified its products, Services or deliverables for use in high risk applications including medical life support, medical device, direct physical patient contact, water treatment, nuclear facilities, weapon systems, mass and air transportation control, flammable environments, or any other potentially life critical uses. Customer understands and agrees that Dell makes no assurances that the products, Services or deliverables are suitable for any high-risk uses. Maintenance by Customer. THE CONTRACTED COVERAGE OUTLINED IN THIS AGREEMENT DOES NOT COVER DEFECTS RESULTING FROM IMPROPER OR INADEQUATE MAINTENANCE BY CUSTOMER; UNAUTHORIZED MODIFICATION; IMPROPER USE OR OPERATION O...
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. 12.1 SENESCO represents and warrants that:
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. (a) NRC Health warrants that the Services provided pursuant to this Agreement (the “Services”), will be performed in a good and workmanlike manner. NRC Health’s sole obligation under this warranty is to correct and adjust the Services within a reasonable amount of time from notification by member that such Services do not substantially conform to this warranty.
Limited Warranty; Limitation of Liability. 4.1 Subject to the terms and conditions herein, SAFE-T warrants that the Software will conform to its specifications in the documentation provided therewith for a period of one
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.
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.
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 xxxxxxx 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. 7.1 ABT warrants to Licensee that the Products will substantially perform as specified in the most current user's manuals or official documentation and that any hardware locks delivered with AMS are free from defects in workmanship. This warranty applies for thirty (30) days from the delivery of the Product ("Warranty Period"). ABT gives no other warranties, neither express nor implied.
