Limits on Warranty Sample Clauses

Limits on Warranty. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 13.3.1 Modification or improper maintenance or operation by persons other than Contractor, Subcontractors, or any other individual or entity for whom Contractor is not responsible, unless Owner is compelled to undertake maintenance or operation due to the neglect of Contractor. 13.3.2 Normal wear and tear under normal usage after acceptance of the Work by Owner.
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Limits on Warranty. Provider’s warranty and guarantee hereunder excludes defects or damage caused by: 13.3.1 Modification or improper maintenance or operation by persons other than Provider, Subcontractors, or any other individual or entity for whom Provider is responsible, unless Owner is compelled to undertake maintenance or operation due to the neglect of the Provider. 13.3.2 Normal wear and tear under normal usage after acceptance of the Work by the Owner.
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Limits on Warranty. (a) To the extent permitted by law, Airservices Australia: (i) does not guarantee that the Sample Data is free from errors; (ii) has not tailored the Sample Data to the Customer’s requirements or specifications; (iii) does not warrant the quality, performance or suitability of the Sample Data for any purpose; (iv) does not assume any duties to any interested person, including any fiduciary duty or duty of disclosure; (v) does not represent that the Sample Data will be available via the Data Portal or otherwise at all times or at all; and (vi) is not responsible for: (A) the operation of any computer system, communication system, software or ancillary equipment used to access the Data Portal; (B) delays, errors, inaccuracies or omissions due to a failure or incompatibility in or between a computer system, communication system, software, the Data Portal or ancillary equipment, or other circumstances beyond Airservices Australia’s direct control; or (C) any Loss associated with transmission of Harmful Code.
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Limits on Warranty. CM-at-Risk’s warranty and guarantee hereunder excludes defects or damage caused by: 13.3.1 Modification or improper maintenance or operation by persons other than CM-at-Risk, Subcontractors, or any other individual or entity for whom CM-at-Risk is not responsible, unless Owner is compelled to undertake maintenance or operation due to the neglect of the CM-at-Risk. 13.3.2 Normal wear and tear under normal usage after acceptance of the Work by the Owner.
Sample 1
Limits on Warranty. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: (i) Modification or improper maintenance or operation by persons other than Contractor, Subcontractors, or any other individual or entity for whom Contractor is not responsible, unless Owner or ODR is compelled to undertake maintenance or operation due to the neglect of Contractor. by Owner. (ii) Normal wear and tear under normal usage after acceptance of the Work (i) Observations by ODR and/or A/E; (ii) Recommendation to pay any progress or final payment by A/E; (iii) The issuance of a certificate of Substantial Completion or any payment by ODR to Contractor under the Contract Documents; (iv) Use or occupancy of the Work or any part thereof by Owner; (v) Any acceptance by ODR or any failure to do so; (vi) Any review of a Shop Drawing or sample submittal; or (vii) Any inspection, test or approval by others.
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Limits on Warranty 
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Related to Limits on Warranty

  • Non-Survival of Representations, Warranties and Agreements None of the representations, warranties, covenants and other agreements in this Agreement or in any instrument delivered pursuant to this Agreement, including any rights arising out of any breach of such representations, warranties, covenants and other agreements, shall survive the Effective Time, except for those covenants and agreements contained herein and therein that by their terms apply or are to be performed in whole or in part after the Effective Time and this Article VIII.

  • Representation / Warranty a. All statements contained herein or made in the Proclamation of Sale or otherwise relating to the Property are made without responsibility on the part of the Assignee, the Assignee’s Solicitors, the Auctioneer or their respective servants or agents. b. Such statements are statements of opinions and are not to be taken or relied upon as or implying a statement or representation of fact and any intending bidders must satisfy themselves by inspection or otherwise as to the correctness of any such statements. c. Neither the Assignee, the Assignee’s Solicitors, the Auctioneer nor any person in their employment has any authority to make or give any representation or warranty whatsoever in relation to the Property. d. No error, mis-statement, mis-description, omission or the existence of and/or intention for encroachment or acquisition shall annul the sale nor shall any abatement or compensation be allowed in respect thereof.

  • Warranty; Limitation of Liability (a) Supplier warrants that all PET Bottles sold to Purchaser (i) shall be free from defects in workmanship and materials, except for any defects arising out of actions taken by or at the direction of Purchaser or materials provided by or on behalf of Purchaser and (ii) shall comply with the historical specifications for Existing PET Bottles and with any agreed upon specifications for New PET Bottles. Supplier’s liability under this warranty, whether in contract or tort, shall be limited exclusively to the repayment of the purchase price of the defective PET Bottles. Supplier will make no other warranties with respect to the PET Bottles. OTHER THAN THE ABOVE WARRANTY, SUPPLIER MAKES NO WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS OR OTHERWISE, EXPRESS OR IMPLIED, IN FACT OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET BOTTLES. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES. (b) Purchaser agrees to waive all claims for shortages in the PET Bottles ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receipt of notice from the Constar Customer of such shortage. (c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues. (d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the PET Bottles produced hereunder after such PET Bottles are delivered to the Constar Customer, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Supplier.

  • Warranties Limitation of Liability The Company will use commercially reasonable efforts to provide the Services in a good and workmanlike manner in accordance with the sound and prudent practices of providers of similar services. EXCEPT AS SET FORTH IN THE PRECEDING SENTENCE, THE COMPANY MAKES NO (AND HEREBY DISCLAIMS AND NEGATES ANY AND ALL) WARRANTIES OR REPRESENTATIONS WHATSOEVER, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES. IN NO EVENT WILL THE COMPANY OR ANY OF ITS AFFILIATES BE LIABLE TO ANY OF THE PERSONS RECEIVING ANY SERVICES OR TO ANY OTHER PERSON FOR ANY EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES RESULTING FROM ANY ERROR IN THE PERFORMANCE OF SUCH SERVICE, REGARDLESS OF WHETHER THE PERSON PROVIDING SUCH SERVICE, ITS AFFILIATES OR OTHERS MAY BE WHOLLY, CONCURRENTLY, PARTIALLY OR SOLELY NEGLIGENT OR OTHERWISE AT FAULT, EXCEPT TO THE EXTENT SUCH EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARE PAID BY THE PARTY INCURRING SUCH DAMAGES TO A PERSON THAT IS NOT A PARTY TO THIS AGREEMENT. THE PROVISIONS OF THIS SECTION 2.05 WILL SURVIVE TERMINATION OF THIS AGREEMENT.

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