Common use of Remedies and Limitations Clause in Contracts

Remedies and Limitations. A. The Owner(s) understands that the sole remedies under this Express Limited Warranty Agreement are repair and replacement, as set forth herein. B. With respect to any future claim whatsoever that may be asserted by the Owner(s) against the Contractor, or the Contractor's employees, the Owner(s) understands that the Owner(s) will have no right to recover, or to request compensation for, and the Contractor shall not be liable for any of the following: (1) Incidental, consequential, secondary, or punitive damages; (2) Damages for aggravation, mental anguish, emotional distress, or pain and suffering; (3) Attorney's fees or costs. C. THE OWNER(S) UNDERSTANDS AND AGREES THAT NO IMPLIED WARRANTIES WHATSOEVER APPLY TO THE STRUCTURE OF THE HOME, OR TO ITEMS THAT ARE FUNCTIONALLY PART OF THE HOME. THE CONTRACTOR DISCLAIMS, AND THE OWNER(S) WAIVES, ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF HABITABILITY, THE IMPLIED WARRANTY OF WORKMANLIKE CONSTRUCTION, AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THESE LIMITATIONS SHALL BE ENFORCEABLE TO THE EXTENT PERMITTED BY THE LAW. D. This Warranty is personal to the original Owner(s) and does not run with the property, or the items contained in the Home. The original Owner(s) may not assign, transfer, or convey this Warranty without the prior written consent of the Contractor.

Remedies and Limitations. A. The Owner(s) understands that the sole remedies under this Express Limited Warranty Agreement are repair and replacementreplacement by the Contractor, as set forth herein. B. With respect to any future claim whatsoever that may be asserted by the Owner(s) against the Contractor, or the Contractor's employees, the Owner(s) understands that the Owner(s) will have no right to recover, or to request compensation for, and the Contractor shall not be liable for any of the following: (1) Incidental, consequential, secondary, or punitive damages;; and (2) Damages for aggravation, mental anguish, emotional distress, or pain and suffering; (3) Attorney's fees or costs. C. THE OWNER(S) UNDERSTANDS AND AGREES THAT NO IMPLIED WARRANTIES WHATSOEVER APPLY TO THE STRUCTURE OF THE HOME, OR TO ITEMS THAT ARE FUNCTIONALLY PART OF THE HOME. THE CONTRACTOR DISCLAIMS, AND THE OWNER(S) WAIVES, ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF HABITABILITY, THE IMPLIED WARRANTY OF WORKMANLIKE CONSTRUCTION, THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THESE LIMITATIONS SHALL BE ENFORCEABLE TO THE EXTENT PERMITTED BY THE LAW. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION OF PARAGRAPH 1 HEREINABOVE. D. This Warranty is personal to the original Owner(s) and does not run with the property, or the items contained in the Home. The original Owner(s) may not assign, transfer, or convey this Warranty without the prior written consent of the Contractor.

Remedies and Limitations. A. The Owner(s) understands that the sole remedies under this Express Limited Warranty Agreement are repair and replacement, as set forth herein. B. With respect to any future claim whatsoever that may be asserted by the Owner(s) against the Contractor, or the Contractor's employees, the Owner(s) understands that the Owner(s) will have no right to recover, or to request compensation for, and the Contractor shall not be liable for any of the following: (1) a. Incidental, consequential, secondary, or punitive damages; (2) b. Damages for aggravation, mental anguish, emotional distress, or pain and suffering; (3) c. Attorney's fees or costs. C. THE OWNER(S) UNDERSTANDS AND AGREES THAT NO IMPLIED WARRANTIES WHATSOEVER APPLY TO THE STRUCTURE OF THE HOME, OR TO ITEMS THAT ARE FUNCTIONALLY PART OF THE HOME. THE CONTRACTOR DISCLAIMS, AND THE OWNER(S) WAIVES, ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF HABITABILITY, THE IMPLIED WARRANTY OF WORKMANLIKE CONSTRUCTION, AND THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THESE LIMITATIONS SHALL BE ENFORCEABLE TO THE EXTENT PERMITTED BY THE LAW. D. This Warranty is personal to the original Owner(s) and does not run with the property, or the items contained in the Home. The original Owner(s) may not assign, transfer, or convey this Warranty without the prior written consent of the Contractor.