Purchaser’s Sole Remedy Sample Clauses

Purchaser’s Sole Remedy. Purchaser’s sole remedy, and Fiberon’s sole liability, for any claim whatsoever relating to the Fiberon Product or Fiberon Fastener, including without limitation any claims arising out of the marketing, purchase, installation, use, storage, possession or maintenance of Fiberon Products (whether such claim arises in contract, warranty, tort, gross negligence, negligence, strict liability, statutes or regulations, or otherwise) or any claims that the Fiberon Products or Fiberon Fasteners failed to perform as warranted above, is and shall be the replacement of the defective Fiberon Product or Fiberon Fastener with new Fiberon Product or Fiberon Fastener, as the case may be, in an amount equal to the volume (linear feet) of defective material as listed on the Prorated Warranty Schedule contained herein or the number of defective Fiberon Fasteners. Replacement Fiberon material will be as close in color, design and quality to the original installation as reasonably possible, in Fiberon’s discretion and determination, but Fiberon does not guarantee an exact match as colors and designs may change. Additionally, Xxxxxxxxx agrees to the use of such fasteners as adequate for reinstallation of the furnished board, irrespective of existing method. Fiberon may, at its option, elect to refund the percentage of the original purchase price listed under Recovery on the Prorated Warranty Schedule in lieu of replacing the defective product.
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Purchaser’s Sole Remedy. Purchaser’s sole remedy, and Xxxxxxx’s sole liability, for any claim whatsoever relating to the Fiberon Product, including without limitation any claims arising out of the marketing, purchase, installation, use, storage, possession or maintenance of Fiberon Products (whether such claim arises in contract, warranty, tort, gross negligence, negligence, strict liability, statutes or regulations or otherwise) or any claims that the Fiberon Products failed to perform as warranted above, is and shall be the replacement of the defective Fiberon Product with new Fiberon Product in an amount equal to the volume (linear feet) of defective material as listed on the Prorated Warranty Schedule contained herein. Replacement Fiberon material will be as close in color, design and quality to the original installation as reasonably possible, in Fiberon’s discretion and determination, but Fiberon does not guarantee an exact match as colors and designs may change. Additionally, Xxxxxxxxx agrees to the use of such fasteners as adequate for reinstallation of the furnished board, irrespective of existing method. Fiberon may, at its option, elect to refund the percentage of the original purchase price listed under Recovery on the Prorated Warranty Schedule in lieu of replacing the defective product.
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Purchaser’s Sole Remedy. PEXCO/ENFLO’s sole obligation, and Purchaser’s exclusive remedy (including any entity or person claiming by or through Purchaser) in the event of breach of warranty or product defect shall be, in PEXCO/ENFLO’s sole discretion, that PEXCO/ENFLO shall repair or replace such PEXCO/ENFLO Product (FOB PEXCO/ENFLO facility), or refund the purchase price for such Product. Any Products replaced under the terms of this Limited Warranty will be covered under the terms and balance of the duration of the original Limited Warranty for such Product. In no event shall PEXCO/ENFLO be liable or responsible for any labor costs or other expenses incurred in connection with the installation of the Product, removal of defective Product, or installation of replacement Product. PEXCO/ENFLO reserves the right to discontinue or modify any of its Products without giving notice. If PEXCO/ENFLO replaces any Product under this warranty, it may substitute products that are designated by PEXCO/ENFLO to be of comparable quality in the event the Product initially installed has been discontinued or modified.
Sample 1
Purchaser’s Sole Remedy. Purchaser’s sole remedy, and Ecodek’s sole liability, for any claim whatsoever relating to the Ecodek Product or Ecodek Fastener, including without limitation any claims arising out of the marketing, purchase, installation, use, storage, possession or maintenance of Ecodek Products (whether such claim arises in contract, warranty, tort, gross negligence, negligence, strict liability, statutes or regulations, or otherwise) or any claims that the Ecodek Products or Ecodek Fasteners failed to perform as warranted above, is and shall be the replacement of the defective Ecodek Product or Ecodek Fastener with new Ecodek Product or Ecodek Fastener, as the case may be, in an amount equal to the volume (linear feet) of defective material as listed on the Pro-Rated Warranty Schedule contained herein or the number of defective Ecodek Fasteners. Replacement Ecodek material will be as close in colour, design and quality to the original installation as reasonably possible, in Ecodek’s discretion and determination, but Ecodek does not guarantee an exact match as colours and designs may change. Additionally, the Purchaser agrees to the use of such fasteners as adequate for reinstallation of the furnished board, irrespective of existing method. Ecodek may, at its option, elect to refund the percentage of the original purchase price listed under Recovery on the Pro-Rated Warranty Schedule in lieu of replacing the defective Product. 100% 1 year 0-5 years 80% 2 years 6 years 60% 3 years 7 years 40% 4 years 8 years 20% 5 years 9 years 10% 10 years Page 3 of 6
Sample 1
Purchaser’s Sole Remedy. Purchaser’s sole remedy, and Fiberon’s sole liability, for any claim whatsoever relating to the Fiberon Product, including without limitation, any claims arising out of the marketing, purchase, installation, use, storage, possession or maintenance of Fiberon Products (whether such claim arises in contract, warranty, tort, gross negligence, negligence, strict liability, statutes or regulations, or otherwise) or any claims that the Fiberon Products failed to perform as warranted above, is and shall be the replacement of the defective Fiberon Product with new Fiberon Product, as the case may be, in an amount equal to the volume (linear feet) of defective material as listed on the Prorated Warranty Schedule contained herein or the number of defective Fiberon Fasteners. Replacement Fiberon material will be as close in color, design and quality to the original installation as reasonably possible, in Fiberon’s discretion and determination, but Fiberon does not guarantee an exact match as colors and designs may change. Additionally, Xxxxxxxxx agrees to the use of such fasteners as adequate for reinstallation of the furnished board, irrespective of existing method. Fiberon may, at its option, elect to refund the percentage of the original purchase price listed under Recovery on the Prorated Warranty Schedule in lieu of replacing the defective Product.
Sample 1
Purchaser’s Sole Remedy. Purchaser’s sole remedy, and Xxxxxxx’s sole liability, for any claim whatsoever relating to defective Fiberon Product shall be the replacement of the defective Fiberon Product with new Fiberon Product in an amount equal to the volume (linear feet) of defective material. Replacement Fiberon material will be as close in color, design and quality to the original installation as reasonably possible, in Fiberon’s discretion and determination, but Fiberon does not guarantee an exact match as colors and designs may change. Additionally, Xxxxxxxxx agrees to the use of such fasteners as adequate for reinstallation of the furnished board, irrespective of existing method. Fiberon may, at its sole option, elect to refund the original purchase in lieu of replacing the defective product.
Sample 1
Purchaser’s Sole Remedy. Purchaser’s sole remedy, and Xxxxxxx’s sole liability, for any claim whatsoever relating to the Fiberon Product, including without limitation any claims arising out of the marketing, purchase, installation, use, storage, possession or maintenance of Fiberon Products (whether
Sample 1
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Related to Purchaser’s Sole Remedy

  • Sole Remedy After the Closing, no Party shall have liability under this Agreement or the transactions contemplated hereby except as is provided in this Article VIII (other than claims or causes of action arising from fraud, and other than claims for specific performance or claims arising under any Transaction Documents (which claims shall be subject to the liability provisions of such Transaction Documents)).

  • Purchaser’s Remedies If the sale is not completed as herein provided solely by reason of any material default of Seller, Purchaser shall be entitled, as its sole and exclusive remedy, to either (i) (a) terminate this Agreement (by delivering notice to Seller which includes a waiver of any right, title or interest of Purchaser in the Property) and (b) if Purchaser so elects, pursue an action at law for recovery of Purchaser’s actual out-of-pocket third-party costs incurred as part of Purchaser’s due diligence efforts and attorney’s fees incurred in connection with the negotiation and preparation of this Agreement and representation of Purchaser hereunder, up to but not to exceed $150,000, which action must be commenced, if at all, within the sixty (60) day period following the occurrence of such material default of Seller (the “Limitation Period”); provided, however, that if, within the Limitation Period, Purchaser gives Seller written notice of such a breach and Seller commences to cure and thereafter terminates such cure effort, Purchaser shall have an additional thirty (30) days from the date of such termination within which to commence an action at law for third-party costs, as aforesaid, as a consequence of Seller’s failure to cure or (ii) treat this Agreement as being in full force and effect and pursue only the specific performance of this Agreement, provided that Purchaser must commence any action for specific performance within sixty (60) days after the scheduled Final Closing Date. Purchaser waives any right to pursue any other remedy at law or equity for such default of Seller, including, without limitation, any right to seek, claim or obtain damages (other than for costs under (i)(b) and (ii) above), punitive damages or consequential damages. Except as set forth herein and in this Agreement, in no case shall Seller ever be liable to Purchaser under any statutory, common law, equitable or other theory of law, either prior to or following the Closing, for any lost rents, profits, “benefit of the bargain,” business opportunities or any form of consequential damage in connection with any claim, liability, demand or cause of action in any way or manner relating to the Property, the condition of the Property, this Agreement, or any transaction or matter between the parties contemplated hereunder. Purchaser’s remedies hereunder are in addition to the right to receive the return of the Deposit, subject to Section 9.4, to the extent it is not applied to the Purchase Price in connection with Purchaser’s action for specific performance.

  • Buyer’s Remedies Seller will be in default under this Agreement if, after written notice from Buyer, Seller fails to perform any of Seller’s obligations under this Agreement within ten days of receipt of such notice (or such longer period as is reasonably required in the exercise of due diligence not to exceed an additional ten days, provided Seller commences such cure within the initial ten-day period). In the event of a default by Seller not cured within the applicable cure period, Buyer may: (i) waive the effect of such matter and proceed to consummate the Closing (provided that in no event will Buyer have the right to waive any of Seller’s conditions precedent hereunder); (ii) terminate this Agreement in which case the Xxxxxxx Money Deposit (together with any accrued interest thereon) will be returned to Buyer; or (iii) bring an appropriate action for specific performance of this Agreement. Notwithstanding the foregoing, if after completion of all Pre Closing Conditions waivable by Seller, Seller shall willfully default in its obligation to close the transaction hereunder on the Closing Date, including by initiating a Condemnation Act and specific performance shall not be a legally available remedy to Buyer as a result thereof, then Buyer shall: (x) have the right to receive a return of the Xxxxxxx Money Deposit; and (y) be entitled to (and Seller shall reimburse Buyer for) Xxxxx's Costs (which reimbursement obligation shall survive the termination of this Agreement). The term "Buyer's Costs" is defined for the purpose of this Agreement as the expenses, if any, actually incurred by Buyer for: (x) title examination, survey, and municipal searches, including the issuance of the Title Commitment and any continuation thereof, without issuance of a title insurance policy; (y) fees paid to Buyer's engineer and architect for preparing any environmental and engineering reports with respect to the Property and all Project design work; and (z) the actual and reasonable third-party costs incurred by Xxxxx in connection with the negotiation of this Agreement and Xxxxx's due diligence with respect to the Property, including, without limitation, reasonable attorneys' fees. In the event Seller pays the above costs, to the extent Buyer is permitted to assign, Seller shall have the right to obtain from Buyer all plans, designs, and project documents related to any improvement contemplated for the Property and have the right to use the same for any purpose whatsoever (and Buyer shall be obligated to convey the same to Seller upon demand, and assign any rights to Seller to authorize the use of such documents by Seller).

  • Seller’s Remedies If Purchaser fails to perform its obligations pursuant to this Contract at or prior to Closing for any reason except failure by Seller to perform hereunder, or if prior to Closing any one or more of Purchaser's representations or warranties are breached in any material respect, and this failure or breach is not cured within three (3) Business Days after written notice from Seller to Purchaser (other than failure to close for any reason unrelated to a default by Seller, for which there shall be no notice or cure period), then Seller, as its SOLE and EXCLUSIVE remedy (except as provided in Sections 6(c) and 9), may (i) terminate this Contract and receive the Xxxxxxx Money as liquidated damages and not as penalty, in full satisfaction of claims against Purchaser hereunder, or (ii) waive Purchaser’s failure or breach and proceed to Closing. Seller and Purchaser agree that Seller's damages resulting from Purchaser's default are difficult, if not impossible, to determine, and the Xxxxxxx Money is a fair estimate of those damages and has been agreed to in an effort to cause the amount of damages to be certain. Notwithstanding anything in this Section 11(a) to the contrary, in the event of Purchaser's default or termination of this Contract, Seller shall have all remedies available at law or in equity if Purchaser or any party related to or affiliated with Purchaser is asserting any claims or right to the Property that would otherwise delay or prevent Seller from having clear, indefeasible and marketable title to the Property other than as a result of Purchaser’s exercise of its remedies under subsection (b) hereof. If Closing is consummated, then Seller shall have all remedies available at law or in equity if Purchaser fails to perform any post-closing obligation of Purchaser under this Contract.

  • Exclusive Remedy The foregoing shall constitute the Parties' sole and exclusive remedies and obligations with respect to a third party claim of intellectual property infringement arising out of the conduct of business under this Agreement.

  • Failure to Close (A) If Seller(s) fails to convey the property as provided in this contract: Buyer(s) may exercise legal remedies including suit for specific performances or damages. Agent may xxx Xxxxxx(s) to recover loss of commission. Agent may pay Xxxxxxx Money into a court of competent jurisdiction, or retain Xxxxxxx Money until directed to distribute the same by a court of competent jurisdiction. (B) If Buyer(s) fail to purchase the property as provided in this contract: Seller(s) may exercise legal remedies including suit for specific performance or damages. Seller(s) may elect to retain Xxxxxxx Money deposit as liquidated damages for breach of contract, in this case, it is agreed that Agent may retain from such Xxxxxxx Money deposit an amount not greater than his total commission of the sale had been consummated and the residue, if any, will be paid to Seller(s). (C) Xxxxx(s) and Seller(s) further agree that in the event of default by either that results in litigation, that the non-defaulting party may recover reasonable attorney fees and any other court costs, in addition to other damages provided for herein.

  • Exclusive Remedies The parties acknowledge and agree that their sole and exclusive remedy with respect to any and all claims (other than claims arising from breach of contract, fraud, criminal activity or willful misconduct on the part of a party hereto in connection with the transactions contemplated by this Agreement) for any breach of any representation, warranty, covenant, agreement or obligation set forth herein or otherwise relating to the subject matter of this Agreement, shall be pursuant to the indemnification provisions set forth in this ARTICLE VII. In furtherance of the foregoing, each party hereby waives, to the fullest extent permitted under Law, any and all rights, claims and causes of action for any breach of any representation, warranty, covenant, agreement or obligation set forth herein or otherwise relating to the subject matter of this Agreement it may have against the other parties hereto and their Affiliates and each of their respective Representatives arising under or based upon any Law, except pursuant to the indemnification provisions set forth in this ARTICLE VII. Nothing in this Section 7.06 shall limit any Person's right to seek and obtain any equitable relief to which any Person shall be entitled or to seek any remedy on account of any party's fraudulent, criminal or intentional misconduct.

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