REMEDY AND EXCLUSIONS Sample Clauses

REMEDY AND EXCLUSIONS. The sole remedy for a covered defect during the Warranty period shall be limited to Product replacement, including shipping costs, or refund of the original purchase price. The remedy excludes costs of labor, removal of non-conforming Product, and expenses related to de- installation and re-installation of the Product. In no event will Brentwood be obligated to pay costs, damages or other amounts, in total, exceeding the original price paid to Brentwood for the Product to Purchaser or any third party. Unauthorized modifications to the Product or unauthorized deviation from Brentwood’s specifications and instructions for the installation, use and maintenance of the Product void this Warranty. Additionally, Brentwood shall not warrant Product nor be liable to Purchaser or any third party for any Product liability claims or damages caused by non-compliance with any of the foregoing conditions or, without limitation, any of the following: i) alteration, accident, abuse, misuse or neglect;
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REMEDY AND EXCLUSIONS. The sole remedy for a covered defect during the Warranty period shall be limited to Product replacement, including shipping costs, or refund of the original purchase price. The remedy excludes costs of labor, removal of non-conforming Product, and expenses related to de- installation and re-installation of the Product. In no event will Brentwood be obligated to pay costs, damages or other amounts, in total, exceeding the original price paid to Brentwood for the Product to Purchaser or any third party. Additionally, Brentwood shall not warrant Product nor be liable to Purchaser or any third party for any Product liability claims or damages caused by non-compliance with any of the foregoing conditions or, without limitation, any of the following: i) alteration, accident, abuse, misuse or neglect;
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REMEDY AND EXCLUSIONS. The remedy for a covered defect during the Warranty period shall be limited, at Brentwood’s option and control, to repair or replacement of defective Parts and Components, including shipping costs. The remedy excludes costs of labor, removal of non‐conforming Parts and Components, and expenses related to installation of the replacement Parts and Components. In no event will Brentwood be obligated to pay costs, damages or other amounts, in total, exceeding the original price paid to Brentwood for the Parts and Components by the Purchaser. Brentwood shall not warrant Parts and Components, nor be liable to the Purchaser or any third party for any damage caused by non‐compliance with any of the foregoing conditions or, without limitation, any of the following: i) abuse or neglect;
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REMEDY AND EXCLUSIONS. The sole remedy for a covered defect during the Warranty period shall be limited to Product replacement, including shipping costs, or refund of the original purchase price. In no event will Brentwood be obligated to pay any costs, damages or other amounts, in total, exceeding the original price paid to Brentwood for the Product to Purchaser or any third party. Additionally, Brentwood shall not warrant the Product nor be liable to the Purchaser or any third party for any Product liability claims or damages caused by non‐compliance with any of the foregoing conditions or, without limitation, any of the following: i) alteration, accident, abuse, misuse or neglect;
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Related to REMEDY AND EXCLUSIONS

  • Warranty and Exclusions If you paid a charge for the IBM SaaS then the Section 17 Warranty and Exclusions is replaced in its entirety by the following:

  • Limitations and Exclusions The limitation and exclusion in this Section 8 shall not apply: (i) to the extent that liability cannot be limited or excluded according to the Applicable Law; (ii) in cases of our willful misconduct and gross negligence; (iii) in cases of bodily injuries or death caused by our negligence; and (iv) in cases of our fraud or fraudulent misrepresentation.

  • Warranties and Exclusions 6.1 Accenture warrants that the SaaS Services provided to Client pursuant to the Agreement will comply in all material respects with the Documentation. This warranty shall not apply where: (i) the Client’s or any Authorized User's access or use of the SaaS Services is not in accordance with the Agreement or with Accenture’s instructions; (ii) modification or alteration of the SaaS Services or any systems, software or other content or materials embodied therein is made by any Party other than Accenture; or (iii) the SaaS Services are being provided free of charge, or as a trial, pre-release or as a beta release.

  • Conditions and Exclusions ‌ Notwithstanding anything to the contrary set forth in this SLA, this SLA and Customer’s entitlement to the remedies set out in this SLA are subject to the following conditions and exclusions:

  • Scope of Limitations and Exclusions The limitation and exclusion in this Section 8 shall not apply: (i) to the extent that liability cannot be limited or excluded according to Applicable Law; (ii) in cases of willful misconduct and gross negligence; (iii) in cases of bodily injuries or death caused by our negligence; and (iv) in cases of fraud or fraudulent misrepresentation. In cases of gross negligence, liability is limited to the amount of foreseeable loss that would have been prevented through the exercise of due care.

  • LIMITATION AND EXCLUSION OF LIABILITY 1. 6. 1. Traction Software Limited does not exclude its liability (if any) to you:

  • Indemnity and Exclusion of Liability 31.1 Save for Losses arising directly from our gross negligence, fraud or wilful default, we shall not be responsible or liable to you for any Losses suffered or incurred by you however caused in connection with any of your Investment, Transaction, Account and/or pursuant to the Services made available to you, including any Losses arising from or in connection with:

  • Sole and Exclusive Remedy Except in the event of fraud or any Willful Breach of any representation, warranty or covenant or agreement contained herein, if this Agreement is validly terminated pursuant to Section 8.1, Parent’s receipt of the Termination Fee to the extent owed pursuant to Section 8.3(b) and any amounts owed pursuant to Section 8.3(d), and Parent’s right to seek specific performance pursuant to Section 9.10 (subject to the limitations set forth in Section 9.10), will be the sole and exclusive remedies of Parent and Merger Sub against (A) the Company and its Subsidiaries; and (B) the former, current and future holders of any equity, controlling persons, Representatives, Affiliates, members, managers, general or limited partners, stockholders, directors, officers, employees, agents, attorneys and assignees of each of the Company, its Subsidiaries and each of their respective Affiliates and former, current and future holders of any equity, controlling persons, Representatives, Affiliates, members, managers, general or limited partners, stockholders, directors, officers, employees, agents, attorneys and assignees of each of the foregoing (the Persons in clauses (A) and (B) collectively, the “Company Related Parties”) in respect of this Agreement and the Transactions. Except in the event of fraud or any Willful Breach of any representation, warranty or covenant or agreement contained herein, upon payment of the Termination Fee to Parent or its designee, none of the Company Related Parties will have any further monetary liability or obligation to (A) Parent or Merger Sub; or (B) the former, current and future direct or indirect holders of any equity, controlling persons, Representatives, Affiliates (other than Parent or Merger Sub), members, managers, general or limited partners, stockholders and assignees of each of Parent and Merger Sub (the Persons in clauses (A) and (B) collectively, the “Parent Related Parties”) relating to or arising out of this Agreement or the Transactions (except that the Company and its Subsidiaries (or their Affiliates) will remain obligated with respect to, and Parent and Merger Sub may be entitled to remedies with respect to, the Confidentiality Agreement, Section 8.3(a) (with respect to the expenses of the Company) and Section 8.3(d), as applicable.

  • LIMITATION ON AND EXCLUSION OF DAMAGES You can recover from Microsoft and its suppliers only direct damages up to the amount you paid for the software except for claims covered by Section 23. You cannot recover any other damages, including consequential, lost profits, special, indirect or incidental damages. This limitation applies to • anything related to the: (i) software, (ii) services, (iii) content (including code) on any third party Internet sites, or (iv) third party materials; and • claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, loss of data, damage to records or data, loss of goodwill, loss as a consequence of a business interruption or any other tort to the extent permitted by applicable law. It also applies even if • repair, replacement or a refund for the software does not fully compensate you for any losses; or • Microsoft knew or should have known about the possibility of the damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. They also may not apply to you because your country may not allow the exclusion or limitation of incidental, consequential or other damages.

  • Limitations and exclusions of liability 16.1 Nothing in this Agreement will:

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