MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. (c) 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 Xxxx 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. MI SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OR EXPENSE OF ANY KIND,
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. BT shall have no obligation or other liability with regard to any error or non-compliance with a warranty that is caused by Client’s breach of this Agreement.
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. 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. 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. 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. (ii) The Funds shall provide each relevant subscription agreement to BNYM-AIS a reasonable time before accepting any initial payment from a subscriber, and shall not accept any such payment unless and until BNY shall have completed the BNYM-AIS Anti Money Laundering Services with respect to such Subscriber. The Funds shall be deemed to have provided a subscription agreement to BNYM-AIS a reasonable time before accepting any initial payment from a Subscriber if it is provided to BNYM-AIS on or before a Subscriber’s deadline for submitting a subscription agreement set forth from time to time in the Funds’ Offering Materials. BNYM-AIS shall perform the BNYM-AIS Anti-Money Laundering Services promptly after receiving any such subscription agreement and shall not unreasonably delay the performance of such BNYM-AIS Anti-Money Laundering Services. BNYM-AIS agrees to use its reasonable best efforts to complete the BNYM-AIS Anti-Money Laundering Services by the date on which the Funds intend to accept Subscribers’ monthly subscriptions, as disclosed in the Funds’ Offering Materials from time to time. BNYM-AIS may assume the authenticity and accuracy of any document provided by a Subscriber without verification unless in the sole discretion of BNYM-AIS the same on its face appears not to be genuine. In the event of delay or failure by the Subscriber to produce any information required by the subscription agreement or by BNYM-AIS in providing the BNYM-AIS Anti-Money Laundering Services, BNYM-AIS may refuse to accept the subscription and the subscription monies related thereto or may refuse to allow a redemption until proper information has been provided. The Funds shall instruct BNYM-AIS not to accept any payment on behalf of the Funds from a Subscriber or pay on behalf of the Funds any redemption or repurchase proceeds to a Subscriber if the Funds determine that such acceptance or payment would violate any anti-money laundering laws applicable to the Funds. In the event any initial payment from a subscriber is sent to an account other than an account of the Funds maintained at a BNYM Affiliate, (A) the Funds shall promptly notify BNYM-AIS of the receipt of such payment, (B) the Funds shall not invest such payment until BNYM-AIS has completed the BNYM-AIS Anti-Money Laundering Services with respect to such Subscriber, which BNYM-AIS agrees to complete promptly upon receiving notice from the Funds in accordance with Section (A) of this subparagraph (iii), and (C) the ...
