Common use of Manufacturer’s Warranties Clause in Contracts

Manufacturer’s Warranties. The only warranties applying to the purchased merchandise are those offered by the manufac- turer, if any. XXXXXX sells all merchandise “AS IS” and hereby disclaims all warranties, either express or implied, including any implied warranties of merchantability and fitness for a particular purpose. XXXXXX neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of the merchandise. Any liability of XXXXXX with respect to defects or malfunctions of the goods purchased including, without limitation, those which pertain to performance or safety, whether by way of “strict liability” based upon GIGLIO’S negligence, or otherwise, are expressly excluded and BUYER hereby assumes any such risks. BUYER shall not be entitled to recover from XXXXXX any consequential damages to property, damages for loss of use, loss of time, loss of profits, or income or other inci- dental damages. The manufacturer’s warranty, if any, is not affected by this Disclaimer of Warranties by XXXXXX. *Xxxxxx is not respon- sible for the cost of removing or reinstalling any defective merchandise or the cost of shipment of any defective merchandise to the manu- facturer for repair, replacement, etc.

Appears in 17 contracts

Samples: Retractable Awning Fall/Spring Service Contract, Retractable Awning Fall/Spring Service Contract, Hurricane Shutter Service Contract

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Manufacturer’s Warranties. The only warranties applying to the purchased merchandise are those offered by the manufac- turer, if any. XXXXXX JSA sells all merchandise “AS IS” and hereby disclaims all warranties, either express or implied, including any implied warranties of merchantability and fitness for a particular purpose. XXXXXX JSA neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of the merchandise. Any liability of XXXXXX JSA with respect to defects or malfunctions of the goods purchased including, without limitation, those which pertain to performance or safety, whether by way of “strict liability” based upon GIGLIO’S JSA'S negligence, or otherwise, are expressly excluded and BUYER hereby assumes any such risks. BUYER shall not be entitled to recover from XXXXXX JSA any consequential damages to property, damages for loss of use, loss of time, loss of profits, or income or other inci- dental damages. The manufacturer’s warranty, if any, is not affected by this Disclaimer of Warranties by XXXXXXJSA. *Xxxxxx JSA is not respon- respon-sible for the cost of removing or reinstalling any defective merchandise or the cost of shipment of any defective merchandise to the manu- facturer for repair, replacement, etc.

Appears in 1 contract

Samples: Stationary Awning Take Down/Re Hang Service Contract

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Manufacturer’s Warranties. The only warranties applying to the purchased merchandise are those offered by the manufac- turer, if any. XXXXXX sells all merchandise “AS IS” and hereby disclaims all warranties, either express or implied, including any implied warranties of merchantability and fitness for a particular purpose. XXXXXX neither assumes nor authorizes any other person to assume for it any liability in connection with the sale of the merchandise. Any liability of XXXXXX with respect to defects or malfunctions of the goods purchased including, without limitation, those which pertain to performance or safety, whether by way of “strict liability” based upon GIGLIO’S XXXXXX’X negligence, or otherwise, are expressly excluded and BUYER hereby assumes any such risks. BUYER shall not be entitled to recover from XXXXXX any consequential damages to property, damages for loss of use, loss of time, loss of profits, or income or other inci- dental damages. The manufacturer’s warranty, if any, is not affected by this Disclaimer of Warranties by XXXXXX. *Xxxxxx is not respon- sible for the cost of removing or reinstalling any defective merchandise or the cost of shipment of any defective merchandise to the manu- facturer for repair, replacement, etc.

Appears in 1 contract

Samples: Winter Boot Purchase Contract

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