Common use of Products Warranty Clause in Contracts

Products Warranty. Xxxxx, Inc. warrants, for a period of one (1) year from the date of original delivery, it products to be free from defects in material and workmanship. Xxxxx, Inc.'s obligation under this warranty is limited to repair or replacement at its factory of any part or parts of said products which shall be returned to Xxxxx, Inc. with transportation charges prepaid and which Xxxxx, Inc.'s examination shall disclose to its satisfaction to have been defective. This is Xxxxx, Inc.'s sole warranty. XXXXX, INC. MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED; AND ALL IMPLIED WARRANTIES OF MERCHANTABNCITY AND FITNESS FOR A PARTICULAR PURPOSE WHICH EXCEED THE AFORESTATED OBLIGATION ARE HEREBY DISCLAIMED BY XXXXX, INC. AND EXCLUDED FROM THIS AGREEMENT. Xxxxx, Inc. neither assumes or authorizes any persons to assume for it any other obligation in connection with the sale of Xxxxx, Inc.'s products. This warranty shall not apply to any product or component thereof which has been repaired or altered outside of Xxxxx, Inc.'s factory in any manner, so as, in Xxxxx, Inc.'s judgement to affect its serviceability or which has been subjected to misuse, negligence or accident, or to products made by Xxxxx, Inc. which have been operated in a manner contrary to Xxxxx, Inc.'s printed instructions. Under no circumstances shall Xxxxx, Inc. be liable for loss, damage, cost of repair or consequential damages of any kind in connection with the sale, use or repair of any product purchased from Xxxxx, Inc.

Appears in 1 contract

Samples: Standard Terms and Conditions of Sale

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Products Warranty. XxxxxClampco Products, Inc. warrants, for a period of one (1) year from the date of original delivery, it it’s products to be free from defects in material and workmanship. XxxxxClampco Products, Inc.'s ’s obligation under this warranty is limited to repair or replacement at its factory of any part or parts of said products which shall be returned to XxxxxClampco Products, Inc. with transportation charges prepaid and which XxxxxClampco Products, Inc.'s ’s examination shall disclose to its satisfaction to have been defective. This is XxxxxClampco, Inc.'s ’s sole warranty. XXXXXCLAMPCO PRODUCTS, INC. MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED; AND ALL IMPLIED WARRANTIES OF MERCHANTABNCITY MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHICH EXCEED THE AFORESTATED OBLIGATION ARE HEREBY DISCLAIMED BY XXXXXCLAMPCO PRODUCTS, INC. AND EXCLUDED FROM THIS AGREEMENT. XxxxxClampco Products, Inc. neither Neither assumes or authorizes any persons to assume for it any other obligation in connection with the sale of XxxxxClampco Products, Inc.'s ’s products. This warranty shall not apply to any product or component thereof which has been repaired or altered outside of XxxxxClampco Products, Inc.'s ’s factory in any manner, so as, in XxxxxClampco Products, Inc.'s judgement ’s judgment to affect its serviceability or which has been subjected subject to misuse, negligence or accident, or to products made by XxxxxClampco Products, Inc. which have been operated in a manner contrary to XxxxxClampco Products, Inc.'s ’s printed instructions. Under no circumstances shall XxxxxClampco Products, Inc. be liable for loss, damage, cost of repair or consequential damages of any kind in connection with the sale, use or repair of any product products purchased from XxxxxClampco Products, Inc.

Appears in 1 contract

Samples: Standard Terms and Conditions of Sale Agreement

Products Warranty. XxxxxCompany warrants that Distributor shall acquire Products purchased hereunder free and clear of all liens and encumbrances except for Company's purchase money security interest defined in Articles I, Inc. warrants4, for a period of one (1) year from the date of original delivery, it products above. Company further warrants all Products to be free from defects in material or workmanship under normal use and workmanshipservice for a period as shown on each Product’s individual specification sheet from the date of delivery. Xxxxx, Inc.'s obligation under All repair covered by this warranty must be done at Company's factory, or other such warranty repair facilities of Company as designated by Company unless Company specifically directs that this service be performed at another location. Any defect corrected within the warranty date specified and found to be within this scope of the warranty will be repaired by Company and all charges for labor and material will be borne by Company. If it is limited determined that either no fault exists in Company, or the damage to repair be repaired was caused by negligence of Distributor, its agents, employees or replacement at its factory of any part or parts of said products which shall be returned customers, Distributor agrees to Xxxxx, Inc. pay all charges associated with transportation charges prepaid and which Xxxxx, Inc.'s examination shall disclose to its satisfaction to have been defectiveeach such repair. This is Xxxxx, Inc.'s sole warrantyTHIS CONSTITUTES THE SOLE WARRANTY MADE BY COMPANY EITHER EXPRESSED OR IMPLIED. XXXXX, INC. MAKES THERE ARE NO OTHER WARRANTY OF ANY KIND WHATSOEVERWARRANTIES EXPRESSED OR IMPLIED WHICH EXTEND BEYOND THE FACE HEREOF, EXPRESS OR IMPLIED; AND ALL HEREIN, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABNCITY MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHICH EXCEED THE AFORESTATED OBLIGATION ARE HEREBY DISCLAIMED BY XXXXX, INCPURPOSE. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES AND EXCLUDED FROM THIS AGREEMENT. Xxxxx, Inc. neither assumes or authorizes any persons to assume for it any other obligation in connection with the sale of Xxxxx, Inc.'s products. This warranty shall not apply to any product or component thereof which has been repaired or altered outside of Xxxxx, Inc.'s factory in any manner, so as, in Xxxxx, Inc.'s judgement to affect its serviceability or which has been subjected to misuse, negligence or accident, or to products made by Xxxxx, Inc. which have been operated in a manner contrary to Xxxxx, Inc.'s printed instructions. Under no circumstances shall Xxxxx, Inc. be liable for loss, damage, cost of repair or consequential damages of any kind in connection with the sale, use or repair of any product purchased from Xxxxx, Inc.DISTRIBUTOR'S REMEDIES SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF NONCONFORMING UNITS OR PARTS.

Appears in 1 contract

Samples: Distributor Agreement

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Products Warranty. XxxxxClampco Products, Inc. warrants, for a period of one (1) year from the date of original delivery, it it’s products to be free from defects in material and workmanship. XxxxxClampco Products, Inc.'s ’s obligation under this warranty is limited to repair or replacement at its factory of any part or parts of said products which shall be returned to XxxxxClampco Products, Inc. with transportation charges prepaid and which XxxxxClampco Products, Inc.'s ’s examination shall disclose to its satisfaction to have been defective. This is XxxxxClampco, Inc.'s ’s sole warranty. XXXXXCLAMPCO PRODUCTS, INC. MAKES NO OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED; AND ALL IMPLIED WARRANTIES OF MERCHANTABNCITY MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHICH EXCEED THE AFORESTATED OBLIGATION ARE HEREBY DISCLAIMED BY XXXXXCLAMPCO PRODUCTS, INC. AND EXCLUDED FROM THIS AGREEMENT. XxxxxClampco Products, Inc. neither assumes or nor authorizes any persons to assume for it any other obligation in connection with the sale of XxxxxClampco Products, Inc.'s ’s products. This warranty shall not apply to any product or component thereof which has been repaired or altered outside of XxxxxClampco Products, Inc.'s ’s factory in any manner, so as, in XxxxxClampco Products, Inc.'s judgement ’s judgment to affect its serviceability or which has been subjected subject to misuse, negligence or accident, or to products made by XxxxxClampco Products, Inc. which have been operated in a manner contrary to XxxxxClampco Products, Inc.'s ’s printed instructions. Under no circumstances shall XxxxxClampco Products, Inc. be liable for loss, damage, cost of repair or consequential damages of any kind in connection with the sale, use or repair of any product products purchased from XxxxxClampco Products, Inc.

Appears in 1 contract

Samples: Standard Terms and Conditions of Sale Agreement

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