Common use of REMEDIES AND RIGHTS Clause in Contracts

REMEDIES AND RIGHTS. These warranties of Xxxx Galleries products and services are the only expressed warranties provided by Xxxx. No employee, representative, agent, nor any other person, has authority to assume or incur on behalf of Xxxx Galleries any obligation, liability, or responsibility in place of or in addition to these warranties. IN NO EVENT SHALL THE DURATION OF ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE BE LONGERTHAN THE DURATION OF OWNERSHIP AND OCCUPATION, BY THE OWNER OF THE HOME AT THE TIME WHICH XXXX GALLERIES PERFORMS THE SERVICES IN QUESTION. EXCEPT FOR THE WARRANTY PROVIDED HEREIN XXXX GALLERIES MAKES NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. XXXX'X LIABILITY TO OWNER (OR ANY SECONDARY HOMEOWNER) UNDER THIS DOCUMENT IS LIMITED TO THE AMOUNTS RECEIVED BY XXXX GALLERIES FOR SERVICES RENDERED UNDER THE SALES AGREEMENT OR PURCHASE ORDER WITH THE OWNER. SOME STATES DO NOT PERMIT ANY LIMITATION ON THE LENGTH OF AN IMPLIED WARRANTY, AND THEREFORE THE IMMEDIATELY PRECEDING SENTENCE MAY NOT APPLY. IN NO EVENT SHALL EMPIRE BE OBLIGATED OR LIABLE FOR INCIDENTAL, SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND FOR THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OF XXXX GALLERIES PRODUCT OR SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE SOME OR ALL OF THE IMMEDIATELY PRECEDING SENTENCE MAY NOT APPLY. THESE WARRANTIES PROVIDE SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

REMEDIES AND RIGHTS. These warranties of Xxxx Galleries products and XXXXXXX CONSTRUCTION services are the only expressed warranties provided by XxxxXXXXXXX CONSTRUCTION. No employee, representative, agent, nor any other person, has authority to assume or incur on behalf of Xxxx Galleries XXXXXXX CONSTRUCTION any obligation, liability, or responsibility in place of or in addition to these warranties. IN NO EVENT SHALL THE DURATION OF ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE BE LONGERTHAN LONGER THAN THE DURATION OF OWNERSHIP AND OCCUPATION, BY THE OWNER OF THE HOME AT THE TIME WHICH XXXX GALLERIES PERFORMS THE SERVICES IN QUESTIONEXPRESS WARRANTY STATED HEREIN. EXCEPT FOR THE WARRANTY PROVIDED HEREIN XXXX GALLERIES HERE- IN XXXXXXX CONSTRUCTION MAKES NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. XXXX'X XXXXXXX CONSTRUCTION’S LIABILITY TO OWNER (OR ANY SECONDARY HOMEOWNER) UNDER THIS DOCUMENT IS LIMITED TO THE AMOUNTS RECEIVED BY XXXX GALLERIES XXXXXXX CONSTRUCTION FOR SERVICES RENDERED UNDER THE SALES AGREEMENT OR PURCHASE ORDER WITH THE OWNER. SOME STATES DO NOT PERMIT ANY LIMITATION ON THE LENGTH OF AN IMPLIED WARRANTY, AND THEREFORE THE IMMEDIATELY PRECEDING SENTENCE MAY NOT APPLY. IN NO EVENT SHALL EMPIRE XXXXXXX CONSTRUCTION BE OBLIGATED OR LIABLE FOR INCIDENTAL, SPECIAL INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND FOR THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OF XXXX GALLERIES XXXXXXX CONSTRUCTION PRODUCT OR SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE SOME OR ALL OF THE IMMEDIATELY PRECEDING SENTENCE MAY NOT APPLY. THESE WARRANTIES PROVIDE SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. Governing Law and Choice of Forum This warranty is governed by the laws of the State of New Jersey. Any disputes and/or litigation arising out of or related to this warranty must be resolved in Camden County, New Jersey. Mediation and Arbitration If a dispute arises out of or relates to this contract, or the breach thereof, and if the dispute cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration, litigation, or some other dispute resolution procedure. Any controversy or claim arising out of or relating to this warranty, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial [or other] Arbitration Rules [including the Optional Rules for Emergency Measures of Protection], and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

REMEDIES AND RIGHTS. These warranties of Xxxx Galleries products and services are This warranty is the only expressed warranties express warranty provided by XxxxDistributor. No employee, representative, agent, nor any other person, has authority to assume or incur on behalf of Xxxx Galleries Manufacturer any obligation, liability, or responsibility in place of or in addition to these warrantiesthis warranty. IN NO EVENT SHALL THE DURATION OF ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE BE LONGERTHAN LONGER THAN THE DURATION OF OWNERSHIP AND OCCUPATION, OCCUPATION BY THE ORIGINAL OWNER OF THE HOME AT THE TIME ON WHICH XXXX GALLERIES PERFORMS THE SERVICES IN QUESTION. EXCEPT FOR THE WARRANTY PROVIDED HEREIN XXXX GALLERIES MAKES NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. XXXX'X LIABILITY TO OWNER (OR ANY SECONDARY HOMEOWNER) UNDER THIS DOCUMENT MANUFACTURER’S PRODUCT IS LIMITED TO THE AMOUNTS RECEIVED BY XXXX GALLERIES FOR SERVICES RENDERED UNDER THE SALES AGREEMENT OR PURCHASE ORDER WITH THE OWNERINSTALLED. SOME STATES DO NOT PERMIT ANY LIMITATION ON THE LENGTH OF AN IMPLIED WARRANTY, AND THEREFORE THE IMMEDIATELY PRECEDING SENTENCE MAY NOT APPLY. LIABILITY TO OWNER UNDER THIS DOCUMENT IS LIMITED TO THE AMOUNTS RECEIVED BY IMPROVEIT! HOME REMODELING UNDER THE CONTRACT FOR GOODS AND SERVICES WITH THE OWNER. IN NO EVENT SHALL EMPIRE MANUFACTURER BE OBLIGATED OR LIABLE FOR INCIDENTAL, SPECIAL INDIRECT SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND FOR THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OF XXXX GALLERIES PRODUCT OR SERVICESMANUFACTURER’S PRODUCT. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE SOME OR ALL OF THE IMMEDIATELY PRECEDING SENTENCE MAY NOT APPLY. THESE WARRANTIES PROVIDE THIS WARRANTY PROVIDES SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

REMEDIES AND RIGHTS. These warranties of Xxxx Galleries Xxxxxxxx Creek products and services are the only expressed warranties provided by XxxxXxxxxxxx Creek. No employee, representative, agent, nor any other person, has authority to assume or incur on behalf of Xxxx Galleries Xxxxxxxx Creek any obligation, liability, or responsibility in place of or in addition to these warranties. IN NO EVENT SHALL THE DURATION OF ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE BE LONGERTHAN LONGER THAN THE DURATION OF OWNERSHIP AND OCCUPATION, OCCUPATION BY THE ORIGINAL OWNER (OR SECONDARY HOMEOWNER AS PER THE BELOW STATED CONDITIONS FOR TRANSFER) OF THE HOME AT THE TIME ON WHICH XXXX GALLERIES PERFORMS THE SERVICES IN QUESTIONXXXXXXXX CREEK PRODUCT IS INSTALLED. EXCEPT FOR THE WARRANTY PROVIDED HEREIN XXXX GALLERIES XXXXXXXX CREEK MAKES NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. XXXX'X XXXXXXXX CREEK’S LIABILITY TO OWNER (OR ANY SECONDARY HOMEOWNER) UNDER THIS DOCUMENT IS LIMITED TO THE AMOUNTS RECEIVED BY XXXX GALLERIES XXXXXXXX CREEK FOR SERVICES RENDERED UNDER THE SALES AGREEMENT OR PURCHASE ORDER WITH THE OWNER. SOME STATES DO NOT PERMIT ANY LIMITATION ON THE LENGTH OF AN IMPLIED WARRANTY, AND THEREFORE THE IMMEDIATELY PRECEDING SENTENCE MAY NOT APPLY. IN NO EVENT SHALL EMPIRE XXXXXXXX CREEK BE OBLIGATED OR LIABLE FOR INCIDENTAL, SPECIAL INDIRECT SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND FOR THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OF XXXX GALLERIES XXXXXXXX CREEK PRODUCT OR SERVICES. SOME STATES DO NOT ALLOW EXCLUSION ALLOWEXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE SOME OR ALL OF THE IMMEDIATELY PRECEDING SENTENCE MAY NOT APPLY. THESE WARRANTIES PROVIDE SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

REMEDIES AND RIGHTS. These warranties of Xxxx Galleries MGP products and services are the only expressed express warranties provided by XxxxMGP. No employee, representative, agent, nor or any other personperson (including dealers, retailers, distributors or contractors) has authority to assume or incur on behalf of Xxxx Galleries MGP any obligation, liability, or responsibility in place of or in addition to these warranties. IN NO EVENT SHALL THE DURATION OF ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE BE LONGERTHAN LONGER THAN THE DURATION OF OWNERSHIP AND OCCUPATION, OCCUPATION BY THE OWNER PURCHASER OF THE HOME AT ON WHICH THE TIME WHICH XXXX GALLERIES PERFORMS THE SERVICES IN QUESTIONMGP PRODUCT IS INSTALLED. EXCEPT FOR THE WARRANTY PROVIDED HEREIN XXXX GALLERIES HEREIN, MGP MAKES NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. XXXX'X LIABILITY TO OWNER (OR ANY SECONDARY HOMEOWNER) UNDER THIS DOCUMENT IS LIMITED TO THE AMOUNTS RECEIVED BY XXXX GALLERIES FOR SERVICES RENDERED UNDER THE SALES AGREEMENT OR PURCHASE ORDER WITH THE OWNER. SOME STATES DO NOT PERMIT ANY LIMITATION ON THE LENGTH OF AN IMPLIED WARRANTY, AND THEREFORE THE IMMEDIATELY PRECEDING SENTENCE MAY NOT APPLY. MGP'S LIABILITY TO THE PURCHASER UNDER THIS WARRANTY IS LIMITED TO THE AMOUNTS RECEIVED BY MGP FOR SERVICES RENDERED UNDER THE SALES AGREEMENT OR PURCHASE ORDER WITH THE PURCHASER. IN NO EVENT SHALL EMPIRE MGP BE OBLIGATED OR LIABLE FOR INCIDENTAL, SPECIAL INDIRECT SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND FOR THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OF XXXX GALLERIES PRODUCT OR SERVICESMGP'S PRODUCT. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE SOME OR ALL OF THE IMMEDIATELY PRECEDING SENTENCE MAY NOT APPLY. THESE WARRANTIES PROVIDE SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS RIGHTS, WHICH VARY FROM STATE TO STATE.

REMEDIES AND RIGHTS. These warranties of Xxxx Galleries products and services West Shore Home are the only expressed warranties provided by XxxxWest Shore Home. No employee, representative, agent, nor or any other person, has authority to assume or incur on behalf of Xxxx Galleries West Shore Home any obligation, liability, or responsibility in place of or in addition to these warranties. IN NO EVENT SHALL THE DURATION OF ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE BE LONGERTHAN LONGER THAN THE DURATION OF OWNERSHIP AND OCCUPATION, OCCUPATION BY THE ORIGINAL OWNER OF THE HOME AT ON WHICH THE TIME WHICH XXXX GALLERIES PERFORMS THE SERVICES IN QUESTION. EXCEPT FOR THE WARRANTY PROVIDED HEREIN XXXX GALLERIES MAKES NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. XXXX'X LIABILITY TO OWNER (OR ANY SECONDARY HOMEOWNERPRODUCT(S) UNDER THIS DOCUMENT IS LIMITED TO THE AMOUNTS RECEIVED BY XXXX GALLERIES FOR SERVICES RENDERED UNDER THE SALES AGREEMENT OR PURCHASE ORDER WITH THE OWNERINSTALLED. SOME STATES DO NOT PERMIT ANY LIMITATION ON THE LENGTH OF AN IMPLIED WARRANTY, AND THEREFORE THE IMMEDIATELY PRECEDING SENTENCE MAY NOT APPLY. EXCEPT FOR THE WARRANTIES PROVIDED HEREIN, WEST SHORE HOME MAKES NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WEST SHORE HOME’S LIABILITY TO OWNER UNDER THIS DOCUMENT IS LIMITED TO THE AMOUNTS RECEIVED BY WEST SHORE HOME FOR SERVICES RENDERED UNDER THE SALES CONTRACT WITH THE OWNER. IN NO EVENT SHALL EMPIRE WEST SHORE HOME BE OBLIGATED OR LIABLE FOR INCIDENTAL, SPECIAL INDIRECT SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND FOR THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OF XXXX GALLERIES PRODUCT OR WEST SHORE HOME SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND THEREFORE SOME OR ALL OF THE IMMEDIATELY PRECEDING SENTENCE MAY NOT APPLY. THESE WARRANTIES PROVIDE SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS RIGHTS, WHICH VARY FROM STATE TO STATE.