Common use of REMEDIES AND LIMITATIONS OF LIABILITY Clause in Contracts

REMEDIES AND LIMITATIONS OF LIABILITY. In the event Seller is claimed to have breached any of its obligations under the sales contract, whether of warranty or otherwise, Seller may repair any defective goods, request the return of the goods and tender, at Seller’s options, a replacement shipment of goods or the purchase prices theretofore paid to Seller. Seller shall tender a refund of the purchase price at its option upon actual receipt of the goods by Seller. If Seller so requests the return of the goods, the goods will be re-delivered to Seller, transportation prepaid, in accordance with Seller’s instructions. The remedies contained in this and the preceding paragraph constitute the sole recourse against Seller for breach of any of Seller’s obligations under the sales contract whether of warranty or otherwise. In no event shall Seller be liable for consequential damages nor shall Seller’s liability on any claim for any direct, incidental, consequential or special damages arising out of or connected with the sales contract or the manufacture, sale, delivery or use of the goods exceed the purchase price of the goods. Seller shall not be liable for failure to perform its obligations under the sales contract, resulting directly or indirectly from or contributed to by acts of God; acts of Buyer; civil or military authority; priorities; fires; war; riot; delays in transportation; lack of or inability to obtain raw materials, components, labor, fuel or supplies; or other circumstances beyond Seller’s reasonable control, whether similar or dissimilar to the foregoing.

Appears in 1 contract

Samples: Sales Contracts

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REMEDIES AND LIMITATIONS OF LIABILITY. In the event Buyer claims Seller is claimed to have has breached any of its obligations under the sales contract, whether of warranty or otherwise, Seller may repair any defective goods, request the return of the goods and tender, at Seller’s options, a replacement shipment of goods or the purchase prices theretofore paid tender to Seller. Seller shall tender a refund of Buyer the purchase price at its option theretofore paid by Buyer, and in such event, Seller shall have no further obligation under the sales contract except to refund such purchase price upon actual receipt redelivery of the goods by Sellergoods. If Seller so requests the return of the goods, the goods will shall be re-delivered redelivered to Seller, transportation prepaid, Seller in accordance with Seller’s instructions's instructions and at Seller's expense. The remedies contained in this and the preceding paragraph shall constitute the sole recourse of Buyer against Seller for breach of any of Seller’s 's obligations under the sales contract contract, whether of warranty or otherwise. In , in no event shall Seller be liable for consequential damages nor shall Seller’s 's liability on any claim for any direct, incidental, consequential or special damages arising out of or connected with the sales contract or the manufacture, sale, delivery or use of the goods exceed the purchase price of the goods. Seller shall not be liable for failure to perform its obligations under the sales contract, contract resulting directly or indirectly from or contributed to by acts of God; acts of Buyer; civil or military authority; priorities; fires; strikes or other labor disputes; accidents; floods; epidemics; war; riot; delays in transportation; lack of or inability to obtain raw materials, components, labor, fuel or supplies; or other circumstances beyond Seller’s 's reasonable control, whether similar or dissimilar to the foregoing.

Appears in 1 contract

Samples: Sales Contract

REMEDIES AND LIMITATIONS OF LIABILITY. In the event Buyer claims Seller is claimed to have has breached any of its obligations under the sales contract, whether of warranty or otherwise, Seller may repair any defective goods, request the return of the goods and tender, at Seller’s options, a replacement shipment of goods or the purchase prices theretofore paid tender to Seller. Seller shall tender a refund of Buyer the purchase price at its option theretofore paid by Buyer, and in such event, Seller shall have no further obligation under the sales contract except to refund such purchase price upon actual receipt redelivery of the goods by Sellergoods. If Seller so requests the return of the goods, the goods will shall be re-delivered redelivered to Seller, transportation prepaid, Seller in accordance with Seller’s 's instructions. The remedies contained in this and the preceding paragraph shall constitute the sole recourse of Buyer against Seller for breach of any of Seller’s 's obligations under the sales contract contract, whether of warranty or otherwise. In , in no event shall Seller be liable for consequential damages nor shall Seller’s 's liability on any claim for any direct, incidental, consequential or special damages arising out of or connected with the sales contract or the manufacture, sale, delivery or use of the goods exceed the purchase price of the goods. Seller shall not be liable for failure to perform its obligations under the sales contract, contract resulting directly or indirectly from or contributed to by acts of God; acts of Buyer; civil or military authority; priorities; fires; strikes or other labor disputes; accidents; floods; epidemics; war; riot; delays in transportation; lack of or inability to obtain raw materials, components, labor, fuel or supplies; or other circumstances beyond Seller’s 's reasonable control, whether similar or dissimilar to the foregoing.

Appears in 1 contract

Samples: Sales Contract

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REMEDIES AND LIMITATIONS OF LIABILITY. In the event Buyer claims Seller is claimed to have has breached any of its obligations under the sales contract, whether of warranty or otherwise, Seller may repair any defective goods, request the return of the goods and tender, at Seller’s options, a replacement shipment of goods or the purchase prices theretofore paid tender to Seller. Seller shall tender a refund of Buyer the purchase price at its option theretofore paid by Buyer, and in such event, Seller shall have no further obligation under the sales contract except to refund such purchase price upon actual receipt redelivery of the goods by Sellergoods. If Seller so requests the return of the goods, the goods will shall be re-delivered redelivered to Seller, transportation prepaid, Seller in accordance with Seller’s instructionsinstructions and at Seller’s expense. The remedies contained in this and the preceding paragraph shall constitute the sole recourse of Buyer against Seller for breach of any of Seller’s obligations under the sales contract contract, whether of warranty or otherwise. In , in no event shall Seller be liable for consequential damages nor shall Seller’s liability on any claim for any direct, incidental, consequential or special damages arising out of or connected with the sales contract or the manufacture, sale, delivery or use of the goods exceed the purchase price of the goods. Seller shall not be liable for failure to perform its obligations under the sales contract, contract resulting directly or indirectly from or contributed to by acts of God; acts of Buyer; civil or military authority; priorities; fires; strikes or other labor disputes; accidents; floods; epidemics; war; riot; delays in transportation; lack of or inability to obtain raw materials, components, labor, fuel or supplies; or other circumstances beyond Seller’s reasonable control, whether similar or dissimilar to the foregoing.

Appears in 1 contract

Samples: Sales Contract

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