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 CONTRACT OR ANY BREACH THEREOF, WHETHER BASED UPON LOSS OF USE, LOSS OF PRODUCTION, LOST PROFITS OR REVENUE, INTEREST, LOST GOODWILL, WORK STOPPAGE, IMPAIRMENT OF OTHER GOODS, LOSS BY REASON OF SHUTDOWN OR NON-OPERATION, INCREASED EXPENSES OF OPERATION OR CLAIMS OF CUSTOMERS OF BUYER FOR SERVICE INTERRUPTION, OR ANY OTHER TYPE OF ECONOMIC LOSS OR DAMAGE, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISE.
Appears in 27 contracts
Samples: Sales Contracts, Sales Contracts, Sales Contracts
Limited Warranty; Limitation of Liability. The Seller warrants VSI represents that the Goods it will be free from defects use reasonable care in material providing Services to Corner Store, and workmanship for a period of twelve (12) months from delivery, or such other period as Services shall be agreed upon provided by VSI 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 fluidaccordance with all applicable laws, or due to deposits of foreign material from any fluid; modifications not executed by Seller; improper installation or operation; defects or failures arising out ofrules, 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 warrantyregulations. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPHTHE IMMEDIATELY PRECEDING SENTENCE, THE SELLER ALL SERVICES AND PRODUCTS ARE RENDERED AND PROVIDED TO CORNER STORE AS IS, WHERE IS, WITH ALL FAULTS, AND VSI MAKES NO OTHER WARRANTY WITH RESPECT TO THE GOODS DELIVERED HEREUNDER (AND EXPRESSLY HEREBY DISCLAIMS ALL OTHER AND NEGATES ANY AND ALL) REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND OF OR FITNESS FOR A PARTICULAR PURPOSE, ARISING WITH RESPECT TO THE SERVICES RENDERED OR PRODUCTS OBTAINED FOR CORNER STORE. FURTHERMORE, CORNER STORE MAY NOT RELY UPON ANY REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE MADE TO VSI BY OPERATION ANY PARTY (INCLUDING, AN AFFILIATE OF LAW VSI) PERFORMING SERVICES ON BEHALF OF VSI HEREUNDER, UNLESS SUCH PARTY MAKES AN EXPRESS WARRANTY TO CORNER STORE. IT IS EXPRESSLY UNDERSTOOD BY CORNER STORE THAT VSI AND ITS AFFILIATES SHALL HAVE NO LIABILITY FOR THE FAILURE TO PERFORM ANY SERVICES HEREUNDER AND FURTHER THAT VSI AND ITS AFFILIATES 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 OTHERWISEWILLFUL MISCONDUCT ON THE PART OF VSI OR ITS AFFILIATES. 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 liabilityCORNER STORE AGREES THAT THE REMUNERATION PAID TO VSI HEREUNDER FOR THE SERVICES TO BE PERFORMED REFLECT THIS LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES. IN NO EVENT SHALL SELLER OR ITS SUPPLIERS VSI BE LIABLE TO BUYER, ANY SUCCESSORS IN INTEREST, CORNER STORE OR ANY BENEFICIARY OF THIS CONTRACT OTHER PERSON FOR CONSEQUENTIAL, ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES OR LOSSESCONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF GOODWILL, OR LOST OPPORTUNITIES, RESULTING FROM ANY ERROR IN THE PERFORMANCE OF SERVICES OR FROM THE BREACH OF THIS AGREEMENT, REGARDLESS OF THE FAULT OF VSI, ANY VSI AFFILIATE, OR ANY THIRD PARTY PROVIDER OR WHETHER VSI, ANY VSI AFFILIATE, OR THE THIRD PARTY PROVIDER ARE CONCURRENTLY, PARTIALLY, OR SOLELY NEGLIGENT. TO THE EXTENT ANY THIRD PARTY PROVIDER HAS LIMITED ITS LIABILITY TO VSI OR ITS AFFILIATE FOR SERVICES UNDER AN OUTSOURCING OR OTHER AGREEMENT, CORNER STORE AGREES TO BE BOUND BY SUCH LIMITATION OF LIABILITY FOR ANY SECONDARY CHARGES PRODUCT OR ADMINISTRATIVE SERVICE PROVIDED TO CORNER STORE BY SUCH THIRD PARTY PROVIDER UNDER VSI’S OR PUNITIVE DAMAGESSUCH AFFILIATE’S AGREEMENT. EXCEPT IN CASES OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, FINES, PENALTIES, FEES, EXPENSES VSI’S AND OTHER CHARGES, ITS AFFILIATES’ COLLECTIVE MAXIMUM LIABILITY TO CORNER STORE WITH RESPECT TO ALL CLAIMS ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED IN THE CONTRACT OR ANY BREACH THEREOF, WHETHER BASED UPON LOSS OF USE, LOSS OF PRODUCTION, LOST PROFITS OR REVENUE, INTEREST, LOST GOODWILL, WORK STOPPAGE, IMPAIRMENT OF OTHER GOODS, LOSS AGGREGATE TO THE AMOUNT PAYABLE HEREUNDER BY REASON OF SHUTDOWN OR NON-OPERATION, INCREASED EXPENSES OF OPERATION OR CLAIMS OF CUSTOMERS OF BUYER FOR SERVICE INTERRUPTION, OR ANY OTHER TYPE OF ECONOMIC LOSS OR DAMAGE, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISECORNER STORE (EXCLUDING DIRECT CHARGES).
Appears in 4 contracts
Samples: Transition Services Agreement (CST Brands, Inc.), Transition Services Agreement (CST Brands, Inc.), Transition Services Agreement (CST Brands, Inc.)
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 As stated in Seller’s catalog and lists are approximate and are excluded from this warrantythe Dell Customer Master Services Agreement (CMSA): Limited Warranty. DELL WARRANTS THAT SERVICES WILL BE PERFORMED IN A GOOD AND WORKMANLIKE MANNER. EXCEPT AS EXPRESSLY SET FORTH STATED IN THIS PARAGRAPHTHE PRECEDING SENTENCE, THE SELLER DELL MAKES NO OTHER 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 GOODS DELIVERED HEREUNDER AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESPERFORMANCE 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, EXPRESS MERCHANTABILITY, SUITABILITY, NON-INFRINGEMENT OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSEPURPOSE 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, 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 DELL NOR DELL’S SUBCONTRACTORS WILL BE LIABLE TO BUYER, FOR ANY SUCCESSORS IN INTEREST, OR ANY BENEFICIARY OF THIS CONTRACT FOR CONSEQUENTIALINCIDENTAL, INDIRECT, INCIDENTAL, SPECIAL OR SPECIAL CONSEQUENTIAL DAMAGES OR LOSSES, OR FOR ANY SECONDARY CHARGES OR ADMINISTRATIVE OR PUNITIVE DAMAGES, FINES, PENALTIES, FEES, EXPENSES AND OTHER CHARGES, ARISING OUT OF OR IN CONNECTION WITH THE CONTRACT 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 ANY BREACH THEREOFSAVINGS, WHETHER BASED UPON LOSS OF USEDIRECT OR INDIRECT, LOSS OF PRODUCTION, (II) LOST PROFITS OR REVENUE, INTEREST, LOST GOODWILL, WORK STOPPAGE, IMPAIRMENT OF OTHER GOODS, LOSS BY REASON OF SHUTDOWN CORRUPTED DATA OR NON-OPERATION, INCREASED EXPENSES OF OPERATION OR CLAIMS OF CUSTOMERS OF BUYER FOR SERVICE INTERRUPTIONSOFTWARE, 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 OTHER TYPE 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 OUTSIDE OF ECONOMIC LOSS SPECIFICATIONS OR DAMAGESUPPORTED CONFIGURATIONS FOR THE PRODUCT; ABUSE, WHETHER OR NOT SUCH NEGLIGENCE, ACCIDENT, LOSS OR DAMAGE IN TRANSIT; IMPROPER SITE PREPARATION; OR UNAUTHORIZED MAINTENANCE OR REPAIR. DELL DOES NOT WARRANT THAT THE OPERATION OF THIS PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. DELL IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISENOT RESPONSIBLE FOR DAMAGE THAT OCCURS AS A RESULT OF YOUR FAILURE TO FOLLOW THE INSTRUCTIONS INTENDED FOR THE DELL EQUALLOGIC HARDWARE PRODUCT.
Appears in 3 contracts
Samples: Service Partnership Agreement, Service Partnership Agreement, Service Partnership Agreement
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, accident, negligence, imprudence or incompetence; failure to resist corrosion or erosion from any corrosive agent or fluid, ; or due to deposits of foreign material from any fluid; prolonged storage in unsuitable environments; modifications or repairs 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. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, 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 CONTRACT OR ANY BREACH THEREOF, WHETHER BASED UPON LOSS OF USE, LOSS OF PRODUCTION, LOST PROFITS OR REVENUE, INTEREST, LOST GOODWILL, WORK STOPPAGE, IMPAIRMENT OF OTHER GOODS, LOSS BY REASON OF SHUTDOWN OR NON-OPERATION, INCREASED EXPENSES OF OPERATION OR CLAIMS OF CUSTOMERS OF BUYER FOR SERVICE INTERRUPTION, OR ANY OTHER TYPE OF ECONOMIC LOSS OR DAMAGE, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISE.
Appears in 3 contracts
Samples: Sales Contracts, Sales Contracts, Sales Contracts
Limited Warranty; Limitation of Liability. The Seller Monotype warrants to you that the Goods Font Software will be free from defects effect a faithful repro-duction of the underlying typeface design which is of a quality consistent with industry standards. To make a warranty claim, you must notify Monotype in material text form within the Warranty Period, which could include via an email to xxxxxx-xx@xxxxxxxx.xxx and workmanship for a period provide sufficient information regarding your licensing of twelve (12) months from deliverythe Font Software so as to enable Monotype to verify the existence and date of the transaction. The entire, or such other period as exclusive and cumulative liability and remedy shall be agreed upon in writing by that Monotype will use reasonable efforts to cause the parties. Seller’s limited warranty excludes remedy for damage or defect caused by abuse; failure Font Software 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 effect a result, either direct or indirect, faithful reproduction of the Buyer’s failure to properly advise the Seller underlying typeface design which is 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 usagequality consistent with industry standards as soon as commercially practica-ble. All weights stated in Seller’s catalog and lists are approximate and are excluded from this warrantyMONOTYPE DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR MONOTYPE'S BREACH OF WARRANTY. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPHFOR THE FOREGOING LIMITED WARRANTY, THE SELLER MONOTYPE MAKES NO OTHER WARRANTY WITH RESPECT TO THE GOODS DELIVERED HEREUNDER AND EXPRESSLY DISCLAIMS ALL OTHER REPRE-SENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO NON-INFRINGEMENT OF MERCHANTABILITY AND OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A ANY 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 WILL MONOTYPE BE LIABLE TO BUYERYOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY SUCCESSORS IN INTERESTLOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR ANY BENEFICIARY LOST SAVINGS, EVEN IF MONOTYPE HAS BEEN ADVISED OF THIS CONTRACT FOR CONSEQUENTIAL, INDIRECT, INCIDENTALTHE POSSIBILITY OF SUCH DAMAGES, OR SPECIAL DAMAGES OR LOSSES, OR (II) FOR ANY SECONDARY CHARGES OR ADMINISTRATIVE OR PUNITIVE DAMAGES, FINES, PENALTIES, FEES, EXPENSES AND OTHER CHARGES, ARISING OUT CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF MONOTYPE HAS BEEN ADVISED OF THE CONTRACT OR ANY BREACH THEREOF, WHETHER BASED UPON LOSS POSSIBILITY OF USE, LOSS OF PRODUCTION, LOST PROFITS OR REVENUE, INTEREST, LOST GOODWILL, WORK STOPPAGE, IMPAIRMENT OF OTHER GOODS, LOSS BY REASON OF SHUTDOWN OR NON-OPERATION, INCREASED EXPENSES OF OPERATION OR CLAIMS OF CUSTOMERS OF BUYER FOR SERVICE INTERRUPTION, OR ANY OTHER TYPE OF ECONOMIC LOSS OR DAMAGE, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISEDAMAGES.
Appears in 3 contracts
Samples: End User License Agreement, End User License Agreement, End User License Agreement
Limited Warranty; Limitation of Liability. The Seller warrants Subject to the other provisions of this Section, the Software will perform substantially as described in the VIDIZMO materials that you receive in or with the Goods Software. If the Software does not comply with this limited warranty, VIDIZMO will be free from defects repair or replace the Software in material and workmanship for a commercially reasonable period of twelve time after you notify VIDIZMO of the defect and provide VIDIZMO sufficient information to replicate the defect. This warranty does not apply: (12i) months from delivery, to any Software which has been altered or such modified by anyone other period as shall be agreed upon than VIDIZMO; (ii) to any Software which has been combined with software or hardware not contemplated expressly in writing by VIDIZMO; (iii) after termination or expiration of the parties. Seller’s limited warranty excludes remedy for damage or defect caused by Agreement; (iv) to abuse; , improper use, negligence, accident, modification, 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, follow the operating procedures outlined 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 documentation provided 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 warrantyVIDIZMO. EXCEPT AS PROVIDED ABOVE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU EXPRESSLY SET FORTH IN THIS PARAGRAPHAGREE THAT THE USE OF THE VIDIZMO SOFTWARE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. EXCEPT AS PROVIDED ABOVE, TO THE SELLER MAKES NO OTHER MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL MATERIALS AND VIDIZMO SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND VIDIZMO HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GOODS DELIVERED HEREUNDER AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIESVIDIZMO SOFTWARE, EITHER EXPRESS OR IMPLIED, INCLUDING INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, ARISING OF ACCURACY, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE VIDIZMO SOFTWARE WILL MEET YOUR REQUIREMENTS, (B) THE VIDIZMO SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE VIDIZMO SOFTWARE WILL BE INTERAOPERABLE OR COMPATABILE WITH OTHER SOFTWARE, OR (D) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE VIDIZMO SOFTWARE WILL BE EFFECTIVE, ACCURATE OR RELIABLE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY VIDIZMO OR ITS AUTHORIZED REPRESENTATIVE(S) SHALL CREATE A WARRANTY. AT SOME POINT IN THE FUTURE THE VIDIZMO SOFTWARE MAY GO OUT OF DATE, AND VIDIZMO MAKES NO COMMITMENT TO UPDATE SUCH VIDIZMO SOFTWARE. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF LAW THE VIDIZMO SOFTWARE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR OTHERWISEUNDER ANY OTHER CAUSE OF ACTION. Seller must be notified in writing THE USE OF THE VIDIZMO SOFTWARE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH OR IN CONNECTION WITH THE VIDIZMO SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. VIDIZMO MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE VIDIZMO SOFTWARE, INFORMATION AND/OR RELATED GRAPHICS PUBLISHED AS PART OF THE VIDIZMO SOFTWARE FOR ANY PURPOSE. THE VIDIZMO SOFTWARE, INFORMATION AND RELATED GRAPHICS PUBLISHED AS PART OF THE VIDIZMO SOFTWARE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. You understand and agree that temporary interruptions of any defect the VIDIZMO SOFTWARE may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the Goods within a reasonable period course of time after discovery (not to exceed thirty (30) days) and the defective Goods must be delivered within use of 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 exclusiveVIDIZMO SOFTWARE, and the total liability therefore, delays and disruption 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 liabilityother network transmissions are completely beyond VIDIZMO's control. YOU ACKNOWLEDGE AND AGREE THAT YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE WITH VIDIZMO IS TO STOP USING THE VIDIZMO SOFTWARE. IN NO CASE SHALL ANY LIABILITY OF VIDIZMO UNDER OR RELATING TO THIS AGREEMENT OR THE SOFTWARE EXCEED THE AMOUNT PAID TO VIDIZMO OR ITS AFFILIATES AND/OR DESIGNEES FOR THE APPLICABLE SOFTWARE GIVING RISE TO ANY SUCH LIABILITY IN THE YEAR IN WHICH THE LIABILITY AROSE. IN NO EVENT SHALL SELLER VIDIZMO OR ITS SUPPLIERS AFFILIATES BE LIABLE TO BUYERYOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY SUCCESSORS IN INTERESTKIND, OR ANY BENEFICIARY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF THIS CONTRACT FOR CONSEQUENTIALUSE, INDIRECTDATA OR PROFITS, INCIDENTAL, WHETHER OR SPECIAL DAMAGES OR LOSSES, OR FOR ANY SECONDARY CHARGES OR ADMINISTRATIVE OR PUNITIVE NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, FINES, PENALTIES, FEES, EXPENSES AND OTHER CHARGESON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE CONTRACT OR ANY BREACH THEREOFUSE OF THE VIDIZMO SOFTWARE, WHETHER BASED UPON LOSS OF USEINCLUDING DAMAGES TO PROPERTY, LOSS OF PRODUCTION, LOST PROFITS OR REVENUE, INTEREST, LOST GOODWILL, WORK STOPPAGECOMPUTER FAILURE OR MALFUNCTION AND, IMPAIRMENT TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF VIDIZMO HAS BEEN ADVISED OF OTHER GOODSTHE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, LOSS IN SUCH STATES OR JURISDICTIONS, THE LIABILITY OF VIDIZMO AND THE VIDIZMO PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY REASON OF SHUTDOWN OR NON-OPERATION, INCREASED EXPENSES OF OPERATION OR CLAIMS OF CUSTOMERS OF BUYER FOR SERVICE INTERRUPTION, OR ANY OTHER TYPE OF ECONOMIC LOSS OR DAMAGE, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISELAW.
Appears in 2 contracts
Samples: Software Subscription Licensing Agreement, Software Subscription Licensing Agreement
Limited Warranty; Limitation of Liability. The Seller 4.1 Subject to the terms and conditions herein, SAFE-T warrants that the Goods Software will be free from defects conform to its specifications in material and workmanship the documentation provided therewith for a period of twelve one
(121) months year from delivery, or such other period as the date of installation at the Licensee site (the "Warranty Period"). The warranty stated hereinabove shall be agreed at all times contingent upon in writing by Licensee's proper use of the parties. Seller’s limited warranty excludes remedy for Software, and shall not apply to damage or defect caused by abuse; failure to resist corrosion or erosion from any corrosive agent or fluidmisuse, alteration, or due to deposits of foreign material from any fluid; modifications not executed by Seller; improper installation unauthorized repair, integration or operation; defects or failures arising out ofinstallation, other than as stated in any way the related todocumentation, or the execution of a third-party application upgrade and/or cumulative updates, without prior consultation with Safe-T. Subject to the aforementioned, if the Software does not perform as a resultwarranted during the Warranty Period, either direct SAFE-T’s sole and exclusive liability shall be to make commercially reasonable efforts to repair or indirect, replace such non-conforming Software.SAFE-T does not warrant that the Software will meet Licensee's requirements or that operation of the Buyer’s failure to properly advise Software will be uninterrupted or that 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 PARAGRAPHSoftware will be error-free.
4.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SELLER MAKES NO OTHER ABOVE WARRANTY WITH RESPECT TO THE GOODS DELIVERED HEREUNDER IS EXCLUSIVE AND EXPRESSLY DISCLAIMS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.
4.3 EXCEPT WITH RESPECT TO CLAIMS ARISING UNDER SECTION 5 (INDEMNIFICATION) TO THE MAXIMUM EXTENT PERMITTED BY OPERATION APPLICABLE LAW AND REGARDLESS OF LAW WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SAFE-T BE LIABLE UNDER OR OTHERWISE. Seller must be notified in writing of any defect in the Goods within a reasonable period of time after discovery IN CONNECTION WITH THIS AGREEMENT FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT, OR SIMILAR DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE EVEN IF SAFE-T HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4.4 EXCEPT WITH RESPECT TO CLAIMS ARISING UNDER SECTION 5 (not to exceed thirty (30INDEMNIFICATION) 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 SAFE-T’S AGGREGATE LIABILITY FOR ANY SECONDARY CHARGES OR ADMINISTRATIVE OR PUNITIVE AND ALL DAMAGES, FINES, PENALTIES, FEES, EXPENSES LOSSES AND OTHER CHARGES, CLAIMS ARISING OUT UNDER OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT OF MONEY ACTUALLY PAID BY LICENSEE TO SAFE-T FOR THE CONTRACT OR ANY BREACH THEREOF, WHETHER BASED UPON LOSS OF USE, LOSS OF PRODUCTION, LOST PROFITS OR REVENUE, INTEREST, LOST GOODWILL, WORK STOPPAGE, IMPAIRMENT OF OTHER GOODS, LOSS BY REASON OF SHUTDOWN OR NON-OPERATION, INCREASED EXPENSES OF OPERATION OR CLAIMS OF CUSTOMERS OF BUYER FOR SERVICE INTERRUPTION, OR ANY OTHER TYPE OF ECONOMIC LOSS OR DAMAGE, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISE.SOFTWARE AND SUPPORT DURING THE TWELVE
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
Limited Warranty; Limitation of Liability. The Seller Monotype warrants to you that the Goods Font Software will be free from defects effect a faithful repro-duction of the underlying typeface design which is of a quality consistent with industry standards. To make a warranty claim, you must notify Monotype in material text form within the Warranty Period, which could include via an email to xxxxxx-xx@xxxxxxxx.xxx and workmanship for a period provide sufficient information regarding your licensing of twelve (12) months from deliverythe Font Software so as to enable Monotype to verify the existence and date of the transaction. The entire, or such other period as exclusive and cumulative liability and remedy shall be agreed upon in writing by that Monotype will use reasonable efforts to cause the parties. Seller’s limited warranty excludes remedy for damage or defect caused by abuse; failure Font Software 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 effect a result, either direct or indirect, faithful reproduction of the Buyer’s failure to properly advise the Seller underlying typeface design which is 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 usagequality consistent with industry standards as soon as commercially practica-ble. All weights stated in Seller’s catalog and lists are approximate and are excluded from this warrantyMONOTYPE DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR MONOTYPE'S BREACH OF WARRANTY. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPHFOR THE FOREGOING LIMITED WARRANTY, THE SELLER MONOTYPE MAKES NO OTHER WARRANTY WITH RESPECT TO THE GOODS DELIVERED HEREUNDER AND EXPRESSLY DISCLAIMS ALL OTHER REPRE-SENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO NON-INFRINGEMENT OF MERCHANTABILITY AND OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A ANY 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 WILL MONOTYPE BE LIABLE TO BUYERYOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY SUCCESSORS IN INTERESTLOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR ANY BENEFICIARY LOST SAVINGS, EVEN IF MONOTYPE HAS BEEN ADVISED OF THIS CONTRACT FOR CONSEQUENTIAL, INDIRECT, INCIDENTALTHE POSSIBILITY OF SUCH DAMAGES, OR SPECIAL DAMAGES OR LOSSES, OR (II) FOR ANY SECONDARY CHARGES OR ADMINISTRATIVE OR PUNITIVE DAMAGES, FINES, PENALTIES, FEES, EXPENSES AND OTHER CHARGES, ARISING OUT CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF MONOTYPE HAS BEEN ADVISED OF THE CONTRACT OR ANY BREACH THEREOF, WHETHER BASED UPON LOSS POSSIBILITY OF USE, LOSS OF PRODUCTION, LOST PROFITS OR REVENUE, INTEREST, LOST GOODWILL, WORK STOPPAGE, IMPAIRMENT OF OTHER GOODS, LOSS BY REASON OF SHUTDOWN OR NON-OPERATION, INCREASED EXPENSES OF OPERATION OR CLAIMS OF CUSTOMERS OF BUYER FOR SERVICE INTERRUPTION, OR ANY OTHER TYPE OF ECONOMIC LOSS OR DAMAGE, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISEDAMAGES.
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
Limited Warranty; Limitation of Liability. The Seller warrants Storm Type Foundry war- rants to you that the Goods Font Software will be free from defects effect a faithful reproduction of the underlying typeface design which is of a quality consistent with industry standards. To make a warranty claim, you must notify Storm Type Foundry in material text form within the Warranty Period, which could in- clude via an email to xxxxx@xxxxxxxxx.xxx and workmanship for a period provide sufficient infor- mation regarding your licensing of twelve (12) months from deliverythe Font Software so as to enable Storm Type Foundry to verify the existence and date of the transac- tion. The entire, or such other period as exclusive and cumulative liability and remedy shall be agreed upon in writing by that Storm Type Foundry will use reasonable efforts to cause the parties. Seller’s limited warranty excludes remedy for damage or defect caused by abuse; failure Font Software 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 effect a result, either direct or indirect, faithful reproduction of the Buyer’s failure to properly advise the Seller underlying typeface design which is 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 usagequality consistent with industry standards as soon as commercially practicable. All weights stated in Seller’s catalog and lists are approximate and are excluded from this warrantyStorm Type Foundry DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLU- SIVE REMEDIES FOR STORM TYPE FOUNDRY'S BREACH OF XXXXXX- XX. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPHFOR THE FOREGOING LIMITED WARRANTY, THE SELLER STORM TYPE FOUNDRY MAKES NO OTHER WARRANTY WITH RESPECT TO THE GOODS DELIVERED HEREUNDER AND EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO NON-INFRINGEMENT OF MERCHANTABILITY AND OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A ANY 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 WILL STORM TYPE FOUNDRY BE LIABLE TO BUYERYOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPE- CIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY SUCCESSORS IN INTERESTLOST PROF- ITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR ANY BENEFICIARY LOST SAVINGS, EVEN IF STORM TYPE FOUNDRY HAS BEEN ADVISED OF THIS CONTRACT FOR CONSEQUENTIAL, INDIRECT, INCIDENTALTHE POSSI- BILITY OF SUCH DAMAGES, OR SPECIAL DAMAGES OR LOSSES, OR (II) FOR ANY SECONDARY CHARGES OR ADMINISTRATIVE OR PUNITIVE DAMAGES, FINES, PENALTIES, FEES, EXPENSES AND OTHER CHARGES, ARISING OUT CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF STORM TYPE FOUNDRY HAS BEEN ADVISED OF THE CONTRACT OR ANY BREACH THEREOF, WHETHER BASED UPON LOSS POSSIBILITY OF USE, LOSS OF PRODUCTION, LOST PROFITS OR REVENUE, INTEREST, LOST GOODWILL, WORK STOPPAGE, IMPAIRMENT OF OTHER GOODS, LOSS BY REASON OF SHUTDOWN OR NON-OPERATION, INCREASED EXPENSES OF OPERATION OR CLAIMS OF CUSTOMERS OF BUYER FOR SERVICE INTERRUPTION, OR ANY OTHER TYPE OF ECONOMIC LOSS OR DAMAGE, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISEDAM- AGES.
Appears in 1 contract
Samples: End User License Agreement
Limited Warranty; Limitation of Liability. The Seller warrants Storm Type foundry war- rants to you that the Goods Font Software will be free from defects effect a faithful reproduction of the underlying typeface design which is of a quality consistent with industry standards. To make a warranty claim, you must notify Storm Type Foundry in material text form within the Warranty Period, which could in- clude via an email to xxxxx@xxxxxxxxx.xxx and workmanship for a period provide sufficient infor- mation regarding your licensing of twelve (12) months from deliverythe Font Software so as to enable Storm Type Foundry to verify the existence and date of the transac- tion. The entire, or such other period as exclusive and cumulative liability and remedy shall be agreed upon in writing by that Storm Type Foundry will use reasonable efforts to cause the parties. Seller’s limited warranty excludes remedy for damage or defect caused by abuse; failure Font Software 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 effect a result, either direct or indirect, faithful reproduction of the Buyer’s failure to properly advise the Seller underlying typeface design which is 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 usagequality consistent with industry standards as soon as commercially practicable. All weights stated in Seller’s catalog and lists are approximate and are excluded from this warrantySTORM TYPE FOUNDRY DOES NOT WAR- RANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. THE FOREGOING STATES THE SOLE AND EX- CLUSIVE REMEDIES FOR STORM TYPE FOUNDRY’S BREACH OF WAR- RANTY. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPHFOR THE FOREGOING LIMITED WARRANTY, THE SELLER STORM TYPE FOUNDRY MAKES NO OTHER WARRANTY WITH RESPECT TO THE GOODS DELIVERED HEREUNDER AND EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO NON-INFRINGEMENT OF MERCHANTABILITY AND OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A ANY 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 liabilityPUR- POSE. IN NO EVENT SHALL SELLER OR ITS SUPPLIERS WILL STORM TYPE FOUNDRY BE LIABLE TO BUYERYOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPE- CIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY SUCCESSORS IN INTERESTLOST PROF- ITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR ANY BENEFICIARY LOST SAVINGS, EVEN IF STORM TYPE FOUNDRY. HAS BEEN ADVISED OF THIS CONTRACT FOR CONSEQUENTIAL, INDIRECT, INCIDENTALTHE POSSI- BILITY OF SUCH DAMAGES, OR SPECIAL DAMAGES OR LOSSES, OR (II) FOR ANY SECONDARY CHARGES OR ADMINISTRATIVE OR PUNITIVE DAMAGES, FINES, PENALTIES, FEES, EXPENSES AND OTHER CHARGES, ARISING OUT CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF STORM TYPE FOUNDRY HAS BEEN ADVISED OF THE CONTRACT OR ANY BREACH THEREOF, WHETHER BASED UPON LOSS POSSIBILITY OF USE, LOSS OF PRODUCTION, LOST PROFITS OR REVENUE, INTEREST, LOST GOODWILL, WORK STOPPAGE, IMPAIRMENT OF OTHER GOODS, LOSS BY REASON OF SHUTDOWN OR NON-OPERATION, INCREASED EXPENSES OF OPERATION OR CLAIMS OF CUSTOMERS OF BUYER FOR SERVICE INTERRUPTION, OR ANY OTHER TYPE OF ECONOMIC LOSS OR DAMAGE, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISEDAM- AGES.
Appears in 1 contract
Samples: Font Software for Web Content End User License Agreement
Limited Warranty; Limitation of Liability. The Seller Storm Type Foundry warrants that the Goods Font Software will be free from defects in material effect a faithful reproduction of the underlying typeface design, consistent with industry standards. To make a warranty claim, you must notify Storm Type Foundry within the Warranty Period. The entire, exclusive, and workmanship for a period of twelve (12) months from delivery, or such other period as cumulative liability and remedy shall be agreed upon in writing by that Storm Type Foundry will use reasonable efforts to cause the parties. Seller’s limited warranty excludes remedy for damage or defect caused by abuse; failure Font Software 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 effect a result, either direct or indirect, faithful reproduction of the Buyer’s failure to properly advise the Seller of all normal and special operating conditionsunderlying typeface design, known to or suspected by the Buyerconsistent with industry standards, when the Seller is manufacturing the Product for a specific operation; or normal wear and tear under normal usageas soon as commercially practicable. All weights stated in Seller’s catalog and lists are approximate and are excluded from this warrantySTORM TYPE FOUNDRY DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR STORM TYPE FOUNDRY’S BREACH OF WARRANTY. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPHFOR THE FOREGOING LIMITED WARRANTY, THE SELLER STORM TYPE FOUNDRY MAKES NO OTHER WARRANTY WITH RESPECT TO THE GOODS DELIVERED HEREUNDER AND EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO NON-INFRINGEMENT OF MERCHANTABILITY AND OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A ANY 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 WILL STORM TYPE FOUNDRY BE LIABLE TO BUYERYOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY SUCCESSORS IN INTERESTLOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR ANY BENEFICIARY LOST SAVINGS, EVEN IF STORM TYPE FOUNDRY HAS BEEN ADVISED OF THIS CONTRACT FOR CONSEQUENTIAL, INDIRECT, INCIDENTALTHE POSSIBILITY OF SUCH DAMAGES, OR SPECIAL DAMAGES OR LOSSES, OR (II) FOR ANY SECONDARY CHARGES OR ADMINISTRATIVE OR PUNITIVE DAMAGES, FINES, PENALTIES, FEES, EXPENSES AND OTHER CHARGES, ARISING OUT CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF STORM TYPE FOUNDRY HAS BEEN ADVISED OF THE CONTRACT OR ANY BREACH THEREOF, WHETHER BASED UPON LOSS POSSIBILITY OF USE, LOSS OF PRODUCTION, LOST PROFITS OR REVENUE, INTEREST, LOST GOODWILL, WORK STOPPAGE, IMPAIRMENT OF OTHER GOODS, LOSS BY REASON OF SHUTDOWN OR NON-OPERATION, INCREASED EXPENSES OF OPERATION OR CLAIMS OF CUSTOMERS OF BUYER FOR SERVICE INTERRUPTION, OR ANY OTHER TYPE OF ECONOMIC LOSS OR DAMAGE, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISEDAMAGES.
Appears in 1 contract
Samples: End User License Agreement
Limited Warranty; Limitation of Liability. The Seller warrants to the Buyer 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 any remedy or claim for damage or defect caused by abuse; failure by Buyer or its carrier or agents to take action 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 the fault or obligation of the Seller; improper installation or operationoperation by Buyer; 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 by Buyer in writing of any defect in the Goods within a reasonable period of time after discovery of such defects (not to exceed thirty (30) days) and the defective Goods must be delivered back to Seller within the warranty period specified above, prepaid, to Seller’s factory, with evidence that the Goods have been properly installed, maintained and operated by Buyer in accordance with Seller’s instructions. If the Seller determines that any such returned Goods are not in conformity with the warranty set forth hereinherein and/or have been operated in accordance with Seller’s instructions, 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 OR CARRIERS OR AGENTS OR EMPLOYEES BE LIABLE TO BUYER, ANY SUCCESSORS IN TITLE OR INTEREST, OR ANY BENEFICIARY OR CEDENT OF THIS CONTRACT FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES OR LOSSES, OR FOR ANY INCIDENTAL OR SECONDARY CHARGES OR ADMINISTRATIVE OR PUNITIVE DAMAGES, FINES, PENALTIES, FEES, EXPENSES AND OTHER CHARGES, ARISING OUT OF THE CONTRACT OR ANY BREACH THEREOF, WHETHER BASED UPON LOSS OF USE, LOSS OF PRODUCTION, LOST PROFITS OR REVENUE, INTEREST, LOST GOODWILL, WORK STOPPAGE, IMPAIRMENT OF OTHER GOODS, LOSS BY REASON OF SHUTDOWN OR NON-OPERATION, INCREASED EXPENSES OF OPERATION OR CLAIMS OF CUSTOMERS OF BUYER FOR SERVICE INTERRUPTION, OR ANY OTHER TYPE OF ECONOMIC LOSS OR DAMAGE, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISE.
Appears in 1 contract
Samples: Sales Contracts
Limited Warranty; Limitation of Liability. The Seller warrants Storm Type Foundry war- rants to you that the Goods Font Software will be free from defects effect a faithful reproduction of the underlying typeface design which is of a quality consistent with industry standards. To make a warranty claim, you must notify Storm Type Foundry in material text form within the Warranty Period, which could in- clude via an email to xxxxx@xxxxxxxxx.xxx and workmanship for a period provide sufficient infor- mation regarding your licensing of twelve (12) months from deliverythe Font Software so as to enable Storm Type Foundry to verify the existence and date of the transac- tion. The entire, or such other period as exclusive and cumulative liability and remedy shall be agreed upon in writing by that Storm Type Foundry will use reasonable efforts to cause the parties. Seller’s limited warranty excludes remedy for damage or defect caused by abuse; failure Font Software 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 effect a result, either direct or indirect, faithful reproduction of the Buyer’s failure to properly advise the Seller underlying typeface design which is 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 usagequality consistent with industry standards as soon as commercially practicable. All weights stated in Seller’s catalog and lists are approximate and are excluded from this warrantySTORM TYPE FOUNDRY DOES NOT WAR- RANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. THE FOREGOING STATES THE SOLE AND EX- CLUSIVE REMEDIES FOR STORM TYPE FOUNDRY’S BREACH OF WAR- RANTY. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPHFOR THE FOREGOING LIMITED WARRANTY, THE SELLER STORM TYPE FOUNDRY MAKES NO OTHER WARRANTY WITH RESPECT TO THE GOODS DELIVERED HEREUNDER AND EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO NON-INFRINGEMENT OF MERCHANTABILITY AND OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A ANY 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 liabilityPUR- POSE. IN NO EVENT SHALL SELLER OR ITS SUPPLIERS WILL STORM TYPE FOUNDRY BE LIABLE TO BUYERYOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPE- CIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY SUCCESSORS IN INTERESTLOST PROF- ITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR ANY BENEFICIARY LOST SAVINGS, EVEN IF STORM TYPE FOUNDRY HAS BEEN ADVISED OF THIS CONTRACT FOR CONSEQUENTIAL, INDIRECT, INCIDENTALTHE POSSI- BILITY OF SUCH DAMAGES, OR SPECIAL DAMAGES OR LOSSES, OR (II) FOR ANY SECONDARY CHARGES OR ADMINISTRATIVE OR PUNITIVE DAMAGES, FINES, PENALTIES, FEES, EXPENSES AND OTHER CHARGES, ARISING OUT CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF STORM TYPE FOUNDRY HAS BEEN ADVISED OF THE CONTRACT OR ANY BREACH THEREOF, WHETHER BASED UPON LOSS POSSIBILITY OF USE, LOSS OF PRODUCTION, LOST PROFITS OR REVENUE, INTEREST, LOST GOODWILL, WORK STOPPAGE, IMPAIRMENT OF OTHER GOODS, LOSS BY REASON OF SHUTDOWN OR NON-OPERATION, INCREASED EXPENSES OF OPERATION OR CLAIMS OF CUSTOMERS OF BUYER FOR SERVICE INTERRUPTION, OR ANY OTHER TYPE OF ECONOMIC LOSS OR DAMAGE, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISEDAM- AGES.
Appears in 1 contract
Samples: Font Software License Agreement
Limited Warranty; Limitation of Liability. The Seller Monotype warrants to you that the Goods Font Software will be free from defects effect a faithful repro- duction of the underlying typeface design which is of a quality consistent with industry standards. To make a warranty claim, you must notify Monotype in material text form within the Warranty Period, which could include via an email to war- xxxxx@xxxxxxxx.xxx and workmanship for a period provide sufficient information regarding your licensing of twelve (12) months from deliverythe Font Software so as to enable Monotype to verify the existence and date of the transaction. The entire, or such other period as exclusive and cumulative liability and remedy shall be agreed upon in writing by that Monotype will use reasonable efforts to cause the parties. Seller’s limited warranty excludes remedy for damage or defect caused by abuse; failure Font Software 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 effect a result, either direct or indirect, faithful reproduction of the Buyer’s failure to properly advise the Seller un- derlying typeface design which is 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 usagequality consistent with industry standards as soon as commercially practicable. All weights stated in Seller’s catalog and lists are approximate and are excluded from this warrantyMONOTYPE DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR MONOTYPE'S BREACH OF WARRANTY. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPHFOR THE FOREGOING LIMITED WARRANTY, THE SELLER MONOTYPE MAKES NO OTHER WARRANTY WITH RESPECT TO THE GOODS DELIVERED HEREUNDER AND EXPRESSLY DISCLAIMS ALL OTHER REPRESENTA- TIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO NON-INFRINGEMENT OF MERCHANTABILITY AND OF THIRD PARTY RIGHTS, MER- CHANTABILITY, OR FITNESS FOR A ANY 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 WILL MONOTYPE BE LIABLE TO BUYERYOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITH- OUT LIMITATION ANY SUCCESSORS IN INTERESTLOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR ANY BENEFICIARY LOST SAVINGS, EVEN IF MONOTYPE HAS BEEN ADVISED OF THIS CONTRACT FOR CONSEQUENTIAL, INDIRECT, INCIDENTALTHE POSSIBILITY OF SUCH DAMAGES, OR SPECIAL DAMAGES OR LOSSES, OR (II) FOR ANY SECONDARY CHARGES OR ADMINISTRATIVE OR PUNITIVE DAMAGES, FINES, PENALTIES, FEES, EXPENSES AND OTHER CHARGES, ARISING OUT CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF MONOTYPE HAS BEEN ADVISED OF THE CONTRACT OR ANY BREACH THEREOF, WHETHER BASED UPON LOSS POSSIBILITY OF USE, LOSS OF PRODUCTION, LOST PROFITS OR REVENUE, INTEREST, LOST GOODWILL, WORK STOPPAGE, IMPAIRMENT OF OTHER GOODS, LOSS BY REASON OF SHUTDOWN OR NON-OPERATION, INCREASED EXPENSES OF OPERATION OR CLAIMS OF CUSTOMERS OF BUYER FOR SERVICE INTERRUPTION, OR ANY OTHER TYPE OF ECONOMIC LOSS OR DAMAGE, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISEDAMAGES.
Appears in 1 contract
Samples: Font Software for Desktop End User License Agreement
Limited Warranty; Limitation of Liability. The Seller If you purchased the product, Wolters Kluwer warrants to you that the Goods will be free from defects Software shall perform substantially in material and workmanship accordance with accompanying documentation under normal use for a period of twelve NINETY (1290) months DAYS from deliverythe purchase date; otherwise, IF YOU RECEIVED THE PRODUCT FREE OF CHARGE FOR THE PURPOSE OF EVALUATING IT, WOLTERS KLUWER DOES NOT PROVIDE YOU WITH A WARRANTY OF ANY KIND, AND YOU ACCEPT THE PRODUCT "AS IS." 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 was purchased, or such other period as shall be agreed upon in writing by (ii) replacement of defective Software and/or documentation provided the partiesSoftware and/or documentation is returned to Wolters Kluwer with proof of purchase. 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, WOLTERS KLUWER AND ITS SUPPLIERS SPECIFICALLY DISCLAIM THE SELLER MAKES NO OTHER WARRANTY WITH RESPECT TO THE GOODS DELIVERED HEREUNDER AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND OF FITNESS FOR A PARTICULAR PURPOSE, ARISING BY . THERE IS NO WARRANTY OR GUARANTEE THAT THE OPERATION OF LAW THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR OTHERWISEVIRUS-FREE, OR THAT THE SOFTWARE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY EXCEPT AS EXPRESSLY PROVIDED IN THE LIMITED WARRANTY. Seller must No action for the above Limited Warranty may be notified in writing commenced after one (1) year following the expiration date 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 instructionswarranty. If the Seller determines that any such returned Goods are implied warranties may not in conformity with the warranty set forth hereinbe disclaimed under applicable law, then Seller shallANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE PURCHASE DATE. INDEPENDENT OF THE FOREGOING PROVISIONS, at its sole option and expenseIN NO EVENT AND UNDER NO LEGAL THEORY, either repair the same or supply replacement Goods. The remedies of Buyer set forth herein are exclusiveINCLUDING WITHOUT LIMITATION, and the total liability of Seller hereunderTORT, whether based on contractCONTRACT, warrantyOR STRICT PRODUCTS LIABILITY, negligenceSHALL WOLTERS KLUWER OR ANY OF ITS SUPPLIERS BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, indemnitySPECIAL, strict liability or otherwiseINCIDENTAL, and shall not exceed the purchase price of the Goods giving rise to any such claim for liabilityOR 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 SELLER OR ITS SUPPLIERS BE LIABLE TO BUYER, ANY SUCCESSORS IN INTEREST, OR ANY BENEFICIARY OF THIS CONTRACT WOLTERS KLUWER'S LIABILITY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL ACTUAL DAMAGES OR LOSSES, OR FOR ANY SECONDARY CHARGES OR ADMINISTRATIVE OR PUNITIVE DAMAGESCAUSE WHATSOEVER, FINES, PENALTIES, FEES, EXPENSES AND OTHER CHARGES, ARISING OUT REGARDLESS OF THE CONTRACT OR ANY BREACH THEREOFFORM OF ACTION, WHETHER BASED UPON LOSS EXCEED THE AMOUNT OF USE, LOSS OF PRODUCTION, LOST PROFITS OR REVENUE, INTEREST, LOST GOODWILL, WORK STOPPAGE, IMPAIRMENT OF OTHER GOODS, LOSS BY REASON OF SHUTDOWN OR NON-OPERATION, INCREASED EXPENSES OF OPERATION OR CLAIMS OF CUSTOMERS OF BUYER THE PURCHASE PRICE PAID FOR SERVICE INTERRUPTION, OR ANY OTHER TYPE OF ECONOMIC LOSS OR DAMAGE, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISETHE SOFTWARE.
Appears in 1 contract
Samples: End User License Agreement
Limited Warranty; Limitation of Liability. The Seller SELLER warrants that the Goods will be free from defects in material and workmanship for a period of twelve one (121) months year from deliverythe shipment date that all Goods sold by it meet the specifications for such Goods and are free from defects of material and workmanship. SELLER agrees to repair or replace without charge, F.O.B. its facility, 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 at its option to resist corrosion or erosion from allow credit for, 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, portion of the Buyer’s failure Goods which proves to properly advise be defective in material or workmanship within 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 usagewarranty period stated above. All weights stated in Seller’s catalog and lists are approximate and are excluded from this warranty. EXCEPT AS EXPRESSLY SET FORTH THIS WARRANTY IS IN THIS PARAGRAPH, THE SELLER MAKES NO OTHER WARRANTY WITH RESPECT TO THE GOODS DELIVERED HEREUNDER LIEU OF AND EXPRESSLY DISCLAIMS EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED 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, prepaidINCLUDING, to Seller’s factoryWITHOUT LIMITATION, 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 liabilityANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 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 LOSSESSPECIAL, OR FOR ANY SECONDARY CHARGES OR ADMINISTRATIVE EXEMPLARY, OR PUNITIVE DAMAGES. THE TOTAL LIABILITY OF SELLER FOR ANY DAMAGES HEREUNDER SHALL BE LIMITED TO THE AMOUNT PAID BY PURCHASER FOR THE GOODS PURCHASED HEREBY. Written notice of any claimed defect must be given to SELLER within thirty (30) days after such defect is or should have been discovered. Xxxxx claimed to be defective must be held for SELLER's shipping instructions. No claim for Goods alleged to be defective will be allowed until SELLER has had a reasonable opportunity to examine the Goods. SELLER's obligation with respect to defective Goods is expressly limited to the repair or replacement of, FINESor at its option, PENALTIESallowing credit for any such Goods, FEESall as herein above provided. This warranty does not extend to (a) any losses due to misuse, EXPENSES accident, abuse, neglect, normal wear and tear, or improper installation, maintenance or application; (b) products that have been repaired or altered outside of SELLER's facility, unless authorized in writing by SELLER or unless such installation, repair or alteration is performed by SELLER; or (c) any labor charges for removal and/or replacement of the non-conforming or defective product or part thereof. This warranty extends to BUYER only and not to BUYER’s customers or users of BUYER’s products. THE REMEDIES SET FORTH IN THIS SECTION 8 SHALL BE BUYER'S SOLE AND OTHER CHARGES, ARISING OUT EXCLUSIVE REMEDY AND SELLER'S ENTIRE LIABILITY FOR ANY BREACH OF THE CONTRACT OR ANY BREACH THEREOF, WHETHER BASED UPON LOSS OF USE, LOSS OF PRODUCTION, LOST PROFITS OR REVENUE, INTEREST, LOST GOODWILL, WORK STOPPAGE, IMPAIRMENT OF OTHER GOODS, LOSS BY REASON OF SHUTDOWN OR NON-OPERATION, INCREASED EXPENSES OF OPERATION OR CLAIMS OF CUSTOMERS OF BUYER FOR SERVICE INTERRUPTION, OR ANY OTHER TYPE OF ECONOMIC LOSS OR DAMAGE, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISELIMITED WARRANTY SET FORTH IN THIS SECTION 8.
Appears in 1 contract
Samples: General Terms and Conditions of Sale
Limited Warranty; Limitation of Liability. The Seller (a) Subject to clause 10, TE warrants that the Goods will to be free from defects in material workmanship and workmanship materials under normal use and service for a period of twelve 1 calendar year from the Delivery (12) months Warranty Period). To make a claim under this warranty, the Customer must direct the claim to the contact person noted below. This warranty does not cover costs of claiming under this warranty; costs of recovery of the Goods from deliverythe site or damage, fault, failure or such other period as shall be agreed upon in writing by the parties. Seller’s limited warranty excludes remedy for damage malfunction due to external causes including accident, abuse, misuse, mechanical or defect caused by abuse; electrical overload, abrasion, corrosion, incorrect installation, 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; perform required preventative maintenance or normal wear and tear tear. This warranty is in addition to any other rights or remedies available to you under normal usage. All weights stated in Sellerthe Law.
(b) During the Warranty Period, to the extent permitted by law and subject to the Australian Consumer Law ("ACL"), Customer’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 sole remedy with respect to breach of any defect warranties set out in the clause immediately above will be to repair or replace (as TE may elect) any such defective Goods within at TE’s expense. The replacement or repaired Goods shall be covered by the unexpired portion of the Warranty Period in respect of the original Goods or for a reasonable period of time after discovery 90 days, whichever is the greater.
(c) For equipment forming part of the Goods, which equipment is not to exceed thirty (30) days) and manufactured by TE, the defective Goods must be delivered within the original manufacturer’s warranty period specified above, prepaid, to Sellerwill apply. TE’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 liability for 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 equipment shall not exceed the purchase price liability of the manufacturer.
(d) TE’s liability under the Agreement will be reduced by the amount of any contributory loss or damage to the extent caused by Customer’s act or omission. (e) Customer acknowledges and agrees that, to the extent permitted by law and subject to the ACL, TE has no liability in contract, tort (including negligence or breach of statutory duty), by statute or otherwise for loss or damage (whether direct or indirect) of profits, opportunity, revenue, goodwill, bargain, production, contracts, business or anticipated savings, corruption or destruction of data or for any indirect, special or consequential loss or damage whatsoever.
(f) TE’s total liability under any contract and the Agreement shall not exceed the total dollar amount of the Goods giving rise to any such purchased by Customer under each contract.
(i) Any warranty 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 CONTRACT OR ANY BREACH THEREOF, WHETHER BASED UPON LOSS OF USE, LOSS OF PRODUCTION, LOST PROFITS OR REVENUE, INTEREST, LOST GOODWILL, WORK STOPPAGE, IMPAIRMENT OF OTHER GOODS, LOSS BY REASON OF SHUTDOWN OR NON-OPERATION, INCREASED EXPENSES OF OPERATION OR CLAIMS OF CUSTOMERS OF BUYER FOR SERVICE INTERRUPTION, OR ANY OTHER TYPE OF ECONOMIC LOSS OR DAMAGE, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISE.should be directed to: [Insert name] [Insert address] [Insert telephone number] [Insert email address (if any)]
Appears in 1 contract
Samples: Terms and Conditions of Sale
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, accident, negligence, imprudence or incompetence; failure to resist corrosion or erosion from any corrosive agent or fluid, ; or due to deposits of foreign material from any fluid; prolonged storage in unsuitable environments; modifications or repairs 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 PARAGRAPHExcept 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 WARRANTIESthe Seller make no other warranty with respect to the goods delivered hereunder and expressly disclaims all other warranties, EXPRESS OR IMPLIEDexpress or implied, INCLUDING WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSEincluding warranties of merchantability and of fitness for a particular purpose, ARISING BY OPERATION OF LAW OR OTHERWISEarising by operations 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 BUYERTo the fullest extent permissible by law, ANY SUCCESSORS IN INTERESTin no event shall Seller or its suppliers be liable to buyer, OR ANY BENEFICIARY OF THIS CONTRACT FOR CONSEQUENTIALany successors in interest, INDIRECTor any beneficiary of this contract for consequential, INCIDENTALindirect, OR SPECIAL DAMAGES OR LOSSESincidental, OR FOR ANY SECONDARY CHARGES OR ADMINISTRATIVE OR PUNITIVE DAMAGESor special damages or losses, FINESor for any secondary charges or administrative or punitive damages, PENALTIESfines, FEESpenalties, EXPENSES AND OTHER CHARGESfees, ARISING OUT OF THE CONTRACT OR ANY BREACH THEREOFexpenses and other charges, WHETHER BASED UPON LOSS OF USEarising out of the contract or any breach thereof, LOSS OF PRODUCTIONwhether based upon loss of use, LOST PROFITS OR REVENUEloss of production, INTERESTlost profits or revenue, LOST GOODWILLinterest, WORK STOPPAGElost goodwill, IMPAIRMENT OF OTHER GOODSwork stoppage, LOSS BY REASON OF SHUTDOWN OR NONimpairment of other goods, loss by reason of shutdown or non-OPERATIONoperation, INCREASED EXPENSES OF OPERATION OR CLAIMS OF CUSTOMERS OF BUYER FOR SERVICE INTERRUPTIONincreased expenses of operation or claims of customers of buyer for service interruption, OR ANY OTHER TYPE OF ECONOMIC LOSS OR DAMAGEor any other type of economic loss or damage, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON CONTRACTwhether or not such loss or damage is based on contract, WARRANTYwarranty, NEGLIGENCEnegligence, INDEMNITYindemnity, STRICT LIABILITY OR OTHERWISEstrict liability or otherwise.
Appears in 1 contract
Samples: Sales Contracts
Limited Warranty; Limitation of Liability. The Seller Monotype warrants to you that the Goods Font Software will be free from defects effect a faithful reproduction of the underlying typeface design which is of a quality consistent with industry standards. To make a warranty claim, you must notify Monotype in material text form within the Warranty Period, which could include via an email to xxxxxxxx@xxxxxxxx.xxx and workmanship for a period provide sufficient information regarding your licensing of twelve (12) months from deliverythe Font Software so as to enable Monotype to verify the existence and date of the transaction. The entire, or such other period as exclusive and cumulative liability and remedy shall be agreed upon in writing by that Monotype will use reasonable efforts to cause the parties. Seller’s limited warranty excludes remedy for damage or defect caused by abuse; failure Font Software 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 effect a result, either direct or indirect, faithful reproduction of the Buyer’s failure to properly advise the Seller underlying typeface design which is 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 usagequality consistent with industry standards as soon as commercially practicable. All weights stated in Seller’s catalog and lists are approximate and are excluded from this warrantyMONOTYPE DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR MONOTYPE'S BREACH OF WARRANTY. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPHFOR THE FOREGOING LIMITED WARRANTY, THE SELLER MONOTYPE MAKES NO OTHER WARRANTY WITH RESPECT TO THE GOODS DELIVERED HEREUNDER AND EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO NON-INFRINGEMENT OF MERCHANTABILITY AND OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A ANY 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 WILL MONOTYPE BE LIABLE TO BUYERYOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY SUCCESSORS IN INTERESTLOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR ANY BENEFICIARY LOST SAVINGS, EVEN IF MONOTYPE HAS BEEN ADVISED OF THIS CONTRACT FOR CONSEQUENTIAL, INDIRECT, INCIDENTALTHE POSSIBILITY OF SUCH DAMAGES, OR SPECIAL DAMAGES OR LOSSES, OR (II) FOR ANY SECONDARY CHARGES OR ADMINISTRATIVE OR PUNITIVE DAMAGES, FINES, PENALTIES, FEES, EXPENSES AND OTHER CHARGES, ARISING OUT CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF MONOTYPE HAS BEEN ADVISED OF THE CONTRACT OR ANY BREACH THEREOF, WHETHER BASED UPON LOSS POSSIBILITY OF USE, LOSS OF PRODUCTION, LOST PROFITS OR REVENUE, INTEREST, LOST GOODWILL, WORK STOPPAGE, IMPAIRMENT OF OTHER GOODS, LOSS BY REASON OF SHUTDOWN OR NON-OPERATION, INCREASED EXPENSES OF OPERATION OR CLAIMS OF CUSTOMERS OF BUYER FOR SERVICE INTERRUPTION, OR ANY OTHER TYPE OF ECONOMIC LOSS OR DAMAGE, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISEDAMAGES.
Appears in 1 contract
Samples: Font Software for Desktop End User License Agreement
Limited Warranty; Limitation of Liability. The Seller Type Founders, LLC dba Xxxx Xxxxxxxx Type warrants to you that the Goods Font Software will be free from defects effect a faithful reproduction of the underlying typeface design which is of a quality consistent with industry standards. To make a warranty claim, you must notify The Type Founders, LLC dba Xxxx Xxxxxxxx Type in material text form within the Warranty Period, which could include via an email to xxxx@xxxxxxxxxxxxxxxx.xxx and workmanship for a period provide sufficient information regarding your licensing of twelve (12) months from deliverythe Font Software so as to enable The Type Founders, or such other period as LLC dba Xxxx Xxxxxxxx Type to verify the existence and date of the transaction. The entire, exclusive, and cumulative liability and remedy shall be agreed upon in writing by that The Type Founders, LLC dba Xxxx Xxxxxxxx Type will use reasonable efforts to cause the parties. Seller’s limited warranty excludes remedy for damage or defect caused by abuse; failure Font Software 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 effect a result, either direct or indirect, faithful reproduction of the Buyer’s failure to properly advise the Seller underlying typeface design which is of all normal and special operating conditionsa quality consistent with industry standards as soon as commercially practicable. THE TYPE FOUNDERS, known to or suspected by the BuyerLLC DBA XXXX XXXXXXXX TYPE DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLUSIVE REMEDIES FOR THE TYPE FOUNDERS, 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 warrantyLLC DBA XXXX XXXXXXXX TYPE’S BREACH OF WARRANTY. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPHFOR THE FOREGOING LIMITED WARRANTY, THE SELLER TYPE FOUNDERS, LLC DBA XXXX XXXXXXXX TYPE MAKES NO OTHER WARRANTY WITH RESPECT TO THE GOODS DELIVERED HEREUNDER AND EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO NON-INFRINGEMENT OF MERCHANTABILITY AND OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A ANY 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 WILL THE TYPE FOUNDERS, LLC DBA XXXX XXXXXXXX TYPE BE LIABLE TO BUYERYOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY SUCCESSORS IN INTERESTLOST PROFITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR ANY BENEFICIARY LOST SAVINGS, EVEN IF THE TYPE FOUNDERS, LLC DBA XXXX XXXXXXXX TYPE HAS BEEN ADVISED OF THIS CONTRACT FOR CONSEQUENTIAL, INDIRECT, INCIDENTALTHE POSSIBILITY OF SUCH DAMAGES, OR SPECIAL DAMAGES OR LOSSES, OR (II) FOR ANY SECONDARY CHARGES OR ADMINISTRATIVE OR PUNITIVE DAMAGESCLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF THE TYPE FOUNDERS, FINES, PENALTIES, FEES, EXPENSES AND OTHER CHARGES, ARISING OUT LLC DBA XXXX XXXXXXXX TYPE DOES HAS BEEN ADVISED OF THE CONTRACT OR ANY BREACH THEREOF, WHETHER BASED UPON LOSS POSSIBILITY OF USE, LOSS OF PRODUCTION, LOST PROFITS OR REVENUE, INTEREST, LOST GOODWILL, WORK STOPPAGE, IMPAIRMENT OF OTHER GOODS, LOSS BY REASON OF SHUTDOWN OR NON-OPERATION, INCREASED EXPENSES OF OPERATION OR CLAIMS OF CUSTOMERS OF BUYER FOR SERVICE INTERRUPTION, OR ANY OTHER TYPE OF ECONOMIC LOSS OR DAMAGE, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISEDAMAGES.
Appears in 1 contract
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. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, 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 CONTRACT OR ANY BREACH THEREOF, WHETHER BASED UPON LOSS OF USE, LOSS OF PRODUCTION, LOST PROFITS OR REVENUE, INTEREST, LOST GOODWILL, WORK STOPPAGE, IMPAIRMENT OF OTHER GOODS, LOSS BY REASON OF SHUTDOWN OR NON-OPERATION, INCREASED EXPENSES OF OPERATION OR CLAIMS OF CUSTOMERS OF BUYER FOR SERVICE INTERRUPTION, OR ANY OTHER TYPE OF ECONOMIC LOSS OR DAMAGE, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISE.
Appears in 1 contract
Samples: Sales Contracts
Limited Warranty; Limitation of Liability. The Seller A. LICENSOR warrants that the Goods will diskettes to be free from of defects in material and workmanship for a period of twelve (12) months from deliveryunder normal use. LICENSOR will replace promptly any defective diskette without charge if the defective diskette is returned to LICENSOR. LICENSOR further warrants that the Program, unless modified by LICENSEE, will substantially perform the functions described in the documentation provided by LICENSOR when operated on the designated hardware and operating system as defined herein.
B. The Program warranty does not cover any Program that has been altered 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, changed in any way related to, by anyone other than LICENSOR. LICENSOR is not responsible for problems caused by changes in the operating characteristics of computer hardware or as a result, either direct or indirect, computer operating systems which are made after installation of the Buyer’s failure Program, nor for problems in the interaction of the Program with NON-LICENSOR software, except for changes made with the prior knowledge and approval of LICENSOR and software in use prior to properly advise the Seller of all normal date hereof. LICENSOR represents and special warrants that the Program and the software described under Section 8 herein are compatible with LICENSEE'S current operating conditionsenvironment and with LICENSEE'S current software and hardware, known and that the Program will perform to or suspected by standards set forth in the Buyer, when the Seller is manufacturing the Product for Program documentation.
C. If LICENSEE reports 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 aboveProgram, 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 LICENSOR shall, at its sole option option, promptly correct such defect or provide LICENSEE a reasonable procedure to circumvent the defect. THESE WARRANTIES ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES OF MERCHANTABILITY OR OF ANY OTHER WARRANTY, WHETHER EXPRESSED OR IMPLIED REGARDING PROGRAM FUNCTIONALITY LICENSOR shall not in any case be liable for special, incidental, consequential, indirect, or other similar damages arising from any breach of the above warranties even if -------------------------------------------------------------------------------- SBO 90 License Agreement Page 5 of 10 -------------------------------------------------------------------------------- LICENSOR or its agent has been advised of the possibility of such damages. LICENSOR'S liability for damages hereunder shall in no event exceed the aggregate of the fees paid by LICENSEE under this Agreement. Notwithstanding anything to the contrary herein, the above limitation of liability shall not apply to any claims or damages caused by or arising out of LICENSOR'S negligence, willful misconduct, breach of patent, copyright, trademark, or other intellectual property right, or violation of Section 10 herein, including, without limit, personal injury and expense, either repair property damage. These warranties allocate the same or supply replacement Goodsrisks of Program failure between LICENSOR and LICENSEE. The remedies LICENSOR'S pricing reflects this allocation of Buyer set forth herein are exclusive, risk and the total limitation of liability of Seller hereunder, whether based on contract, contained in this 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 CONTRACT OR ANY BREACH THEREOF, WHETHER BASED UPON LOSS OF USE, LOSS OF PRODUCTION, LOST PROFITS OR REVENUE, INTEREST, LOST GOODWILL, WORK STOPPAGE, IMPAIRMENT OF OTHER GOODS, LOSS BY REASON OF SHUTDOWN OR NON-OPERATION, INCREASED EXPENSES OF OPERATION OR CLAIMS OF CUSTOMERS OF BUYER FOR SERVICE INTERRUPTION, OR ANY OTHER TYPE OF ECONOMIC LOSS OR DAMAGE, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISE.
Appears in 1 contract
Limited Warranty; Limitation of Liability. The Seller warrants Storm type Foundry war- rants to you that the Goods Font Software will be free from defects effect a faithful reproduction of the underlying typeface design which is of a quality consistent with industry standards. To make a warranty claim, you must notify Storm type Foundry in material text form within the Warranty Period, which could in- clude via an email to xxxxx@xxxxxxxxx.xxx and workmanship for a period provide sufficient infor- mation regarding your licensing of twelve (12) months from deliverythe Font Software so as to enable Storm Type Foundry to verify the existence and date of the transac- tion. The entire, or such other period as exclusive and cumulative liability and remedy shall be agreed upon in writing by that Storm Type Foundry will use reasonable efforts to cause the parties. Seller’s limited warranty excludes remedy for damage or defect caused by abuse; failure Font Software 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 effect a result, either direct or indirect, faithful reproduction of the Buyer’s failure to properly advise the Seller underlying typeface design which is 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 usagequality consistent with industry standards as soon as commercially practicable. All weights stated in Seller’s catalog and lists are approximate and are excluded from this warrantyStorm Type Foundry DOES NOT WARRANT THE PERFORMANCE OR RESULTS YOU MAY OBTAIN BY USING THE FONT SOFTWARE. THE FOREGOING STATES THE SOLE AND EXCLU- SIVE REMEDIES FOR STORM TYPE FOUNDRY’S BREACH OF XXXXXX- XX. EXCEPT AS EXPRESSLY SET FORTH IN THIS PARAGRAPHFOR THE FOREGOING LIMITED WARRANTY, THE SELLER STORM TYPE FOUNDRY MAKES NO OTHER WARRANTY WITH RESPECT TO THE GOODS DELIVERED HEREUNDER AND EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO NON-INFRINGEMENT OF MERCHANTABILITY AND OF THIRD PARTY RIGHTS, MERCHANTABILITY, OR FITNESS FOR A ANY 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 WILL STORM TYPE FOUNDRY BE LIABLE TO BUYERYOU OR ANYONE ELSE (I) FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPE- CIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY SUCCESSORS IN INTERESTLOST PROF- ITS, LOST DATA, LOST BUSINESS OPPORTUNITIES, OR ANY BENEFICIARY LOST SAVINGS, EVEN IF STORM TYPE FOUNDRY HAS BEEN ADVISED OF THIS CONTRACT FOR CONSEQUENTIAL, INDIRECT, INCIDENTALTHE POSSI- BILITY OF SUCH DAMAGES, OR SPECIAL DAMAGES OR LOSSES, OR (II) FOR ANY SECONDARY CHARGES OR ADMINISTRATIVE OR PUNITIVE DAMAGES, FINES, PENALTIES, FEES, EXPENSES AND OTHER CHARGES, ARISING OUT CLAIM AGAINST YOU BY ANY THIRD PARTY SEEKING SUCH DAMAGES EVEN IF STORM TYPE FOUNDRY HAS BEEN ADVISED OF THE CONTRACT OR ANY BREACH THEREOF, WHETHER BASED UPON LOSS POSSIBILITY OF USE, LOSS OF PRODUCTION, LOST PROFITS OR REVENUE, INTEREST, LOST GOODWILL, WORK STOPPAGE, IMPAIRMENT OF OTHER GOODS, LOSS BY REASON OF SHUTDOWN OR NON-OPERATION, INCREASED EXPENSES OF OPERATION OR CLAIMS OF CUSTOMERS OF BUYER FOR SERVICE INTERRUPTION, OR ANY OTHER TYPE OF ECONOMIC LOSS OR DAMAGE, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISEDAM- AGES.
Appears in 1 contract
Samples: End User License Agreement
Limited Warranty; Limitation of Liability. The Seller warrants that the Goods (1) will be free from defects in material and workmanship for the warranty period set forth herein and (2) conform with any applicable drawings, specifications, and other descriptions and requirements provided by Buyer to Seller in writing. Except as expressly set forth in this Section 8, 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. Unless otherwise agreed in writing by the parties, this warranty covers defects or deficiencies which manifest themselves within a period of twelve (12) months of the Goods being placed into service, but not longer than eighteen (18) months from deliverythe shipment date, or such other period as shall be agreed upon in writing by the partieswhichever occurs first. If Xxxxx does not pay Seller’s limited warranty excludes remedy invoice for damage or defect caused Goods in a timely manner, cf. section 5, Seller reserves the right to void any warranty, extended to Buyer herein, for the Goods covered by abuse; failure to resist corrosion or erosion from any corrosive agent or fluidthat invoice. Should Xxxxx subsequently pay the outstanding invoice in full, 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 obligated to reinstitute the Product for a specific operation; or normal wear and tear under normal usagewarranties described herein. 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 The voiding of any defect in the Goods within a reasonable period warranty, and subsequent reinstitution of time after discovery (said warrant cannot to exceed thirty (30) days) and the defective Goods must be delivered within extend 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 shalli.e. the warranty period can never be longer than twelve (12) months from Goods being placed into service or eighteen (18) months from the shipment date, at its sole option and expense, either repair the same or supply replacement Goodswhichever occurs first. The remedies of Buyer set forth herein are exclusive, foregoing warranty shall be subject to the Goods being installed and maintained in accordance with the total liability of Seller hereunder, whether based on contract, warranty, negligence, indemnity, strict liability or otherwise, authorised installation and maintenance manuals available from Seller. The warranty shall not exceed the purchase price of the Goods giving rise to cover (i) 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 CONTRACT OR ANY BREACH THEREOF, WHETHER BASED UPON LOSS OF USE, LOSS OF PRODUCTION, LOST PROFITS OR REVENUE, INTEREST, LOST GOODWILL, WORK STOPPAGE, IMPAIRMENT OF OTHER GOODS, LOSS BY REASON OF SHUTDOWN OR NON-OPERATION, INCREASED EXPENSES OF OPERATION OR CLAIMS OF CUSTOMERS OF BUYER FOR SERVICE INTERRUPTION, OR ANY OTHER TYPE OF ECONOMIC LOSS OR DAMAGE, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON CONTRACT, WARRANTY, NEGLIGENCE, INDEMNITY, STRICT LIABILITY OR OTHERWISE.defects or deficiencies caused by materials procured by Buyer or by structural designs stipulated or specified by Buyer,
Appears in 1 contract
Samples: Terms and Conditions of Sale
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 (12a) months from delivery, or such other period as shall be agreed upon in writing by the partiesCAMPCONTROLS IS PROVIDED "AS IS" AND AS AVAILABLE. 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 GOL MAKES NO OTHER WARRANTY WITH RESPECT TO THE GOODS DELIVERED HEREUNDER AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIEDIMPLIED WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND OF OR FITNESS FOR A PARTICULAR PURPOSE. No communication between Customer and GOL, ARISING BY OPERATION OF LAW OR OTHERWISE. Seller must be notified written or oral, will create a warranty or in writing any way alter or restrict any disclaimer of any defect in the Goods within a reasonable period warranty or limitation 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 liability set forth hereinin this Section11 or elsewhere in this Agreement. UNDER NO CIRCUMSTANCES WILL GOL BE LIABLE FOR LOST PROFITS OR OTHER INDIRECT, then Seller shallSPECIAL, at its sole option and expenseCOVER, either repair the same or supply replacement Goods. The remedies of Buyer set forth herein are exclusiveEXEMPLARY, and the total liability of Seller hereunderINCIDENTAL, 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 liabilityOR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR TO THE USE OR INABILITY TO USE CAMPCONTROL. IN NO EVENT SHALL SELLER OR ITS SUPPLIERS BE LIABLE TO BUYERWILL GOL'S LIABILITY FOR DAMAGES, 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 DAMAGESCAUSES OF ACTION, FINES, PENALTIES, FEES, EXPENSES AND OTHER CHARGES, ARISING OUT OF THE WHETHER IN CONTRACT OR ANY BREACH THEREOFTORT, WHETHER BASED UPON LOSS OF USEEITHER JOINTLY OR SEVERALLY, LOSS OF PRODUCTION, LOST PROFITS OR REVENUE, INTEREST, LOST GOODWILL, WORK STOPPAGE, IMPAIRMENT OF OTHER GOODS, LOSS EXCEED THE AGGREGATE DOLLAR AMOUNT PAID BY REASON OF SHUTDOWN OR NON-OPERATION, INCREASED EXPENSES OF OPERATION OR CLAIMS OF CUSTOMERS OF BUYER FOR SERVICE INTERRUPTION, OR ANY OTHER TYPE OF ECONOMIC LOSS CUSTOMER TO GOL DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE. THE LIMITATIONS OF LIABILITY IN THIS SUBSECTION 11(a) AND IN SUBSECTION 11(b) BELOW APPLY EQUALLY TO LIABILITY FOR NEGLIGENCE.
(b) Without limiting the generality of Subsection 11(a) above, WHETHER OR NOT SUCH LOSS OR DAMAGE IS BASED ON CONTRACTGOL will have no liability for any claims or losses resulting from security breaches, WARRANTYexposure of sensitive or private data (except to the extent that applicable law forbids limitation of such liability), NEGLIGENCEor loss of data or access to data.
(c) GOL is not liable for the accuracy, INDEMNITYtruthfulness, STRICT LIABILITY OR OTHERWISEor validity of any data entered by Customer or provided through CampControl. GOL will not be liable for interruption of or delays in transmission of CampControl caused by acts of God, terrorism, fire, water, riots, acts of Government, acts or omissions of Internet backbone providers, or any other causes beyond GOL's control.
(d) Customer's sole and exclusive remedy, if it is dissatisfied with CampControl or with any terms, conditions, rules, policies, guidelines, or practices of GOL is to discontinue using CampControl.
(e) Customer acknowledges and agrees that GOL has set its prices and entered into this Agreement in reliance upon the limitations and exclusions of liability and disclaimers of warranty set forth in this Section 11 and elsewhere in this Agreement, (collectively, the "Limitations"), and that the Limitations form an essential basis of the bargain between GOL and Customer. The Limitations survive and apply even if Customer's remedies provided in this Agreement are found to have failed in their essential purpose.
Appears in 1 contract
Samples: Customer Service Agreement