MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The liability of the Company under its above warranty and in all respects is expressly limited to the repair or replacement, at the Company's sole option, of Goods which breach the above warranty within the Warranty Period. The Company's obligation to repair or replace Goods covered by the above warranty is in lieu of any claim against the Company of any nature for damages. Any claim of breach of warranty by Customer must be made in writing within ten (10) days after the discovery of such alleged breach or the Company shall have no liability for such claim. The Company shall have the right to inspect the Goods claimed to be in breach of warranty and shall have the right to determine the existence and the cause of such alleged breach. The Customer shall grant to the Company reasonable time and opportunity to determine the necessary steps for making repairs or supplying replacements. Where such time and opportunity are refused, the Company becomes automatically released from its obligations under the above warranty and any other remedy of the Customer.
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. A Pro- Rated Credit Allowance May Be Requested By You For Service Outages Of More Than 24 Hours For The Non- Usage Portion (Excluding Fees and Surcharges) Of Your Bill In Those Circumstances Where A Service Outage Is Due To Our Failure To Meet The Conditions Of This Agreement To Provide Service.
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Warranty applies only to the extent that any nonconforming Products have been properly handled, stored, used, installed and/or maintained. XXXXXX recommends that Buyer independently test the Products to determine suitability for the intended use and of any materials used in the manufacture of the Products (and Buyer is not relying upon FALCON to determine said suitability).
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. To the extent permitted by law A&C PLASTICS, INC. LIABILITY IS LIMITED SOLELY AND EXCLUSIVELY TO REPAIR OR REPLACMENT AS SET FORTH HEREIN AND DOES NOT INCLUDE ANY LIABILITY WHATSOEVER FOR ANY INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND WHATSOVER, WHETHER A CLAIM IS BASED UPON A THEORY OF CONTRACT, NEGLIGENCE OR TORT. This Warranty is made only to Purchaser and is not transferable. No employee, agent or other person is authorized by A&C Plastics, Inc. to assume for A&C Plastics, Inc. any liability in addition to that set forth herein or to make any further warranties on A&C Plastics, Inc. behalf. This Warranty is void and of no effect if any of the above exclusions apply.
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Subject to the foregoing, HCS makes the following representations and warranties to HFC with the intention that HFC may rely upon the same and with the understanding that the same are true as of the date hereof and shall survive the Closing in accordance with Section 12(d).
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, QWEST'S [*] WILL BE CORVIS' OBLIGATION TO REPAIR OR REPLACE OR, SUBJECT TO THE CONDITIONS STATED IN THIS ARTICLE 13 AND IN ARTICLE 15, TO CREDIT OR REFUND AS SET FORTH SECTION 15.1.
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. It is Contractor’s responsibility to inspect all tools and equipment to ensure that they are safe and fit for their intended purposes. Contractor shall protect, defend, indemnify and hold Squan, its employees, officers, directors, Affiliates, customers, agents, and contractors (except Contractor and its subcontractors) (hereinafter collectively referred to as “Squan Indemnified Parties”), harmless from and against any claim, demand, damage, and liability that results from or relates to Contractor’s use of any such tools and/or equipment, including, but not limited to, any claims, demands and liabilities resulting from defects or other failures of the tools and/or equipment, the inadequacy of a tool or equipment for a particular task, or the failure to maintain and/or properly use any tool and/or equipment.
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. It is one of the
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. In no event shall Sublandlord have any liability, nor shall Subtenant have any remedy against Sublandlord, for any liability, claim, loss, damage or expense caused directly or indirectly by or any deficiency or defect in the Personal Property or the maintenance or repair thereof.
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. A Pro-Rated Credit
