Seller Warranty. Seller warrants that Seller has not received notification from any owners association or lawful authority regarding any assessments that remain unpaid, pending assessments, pending public improvements, or repairs, replacements, or alterations to the Property that have not been satisfactorily made. Seller warrants that there is no unpaid indebtedness on the Property except as described in this Contract. These warranties shall survive the closing.
Seller Warranty. Subject to the limitations set forth in this Agreement, and for a period of six (6) months following Seller’s delivery of the Goods (the “Warranty Period”), Seller warrants to Purchaser (and not to any third party) the Goods will conform to the written specifications for the Goods agreed upon Purchaser and Seller (the “Seller Warranty”). THE SELLER WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EITHER EXPRESS, STATUTORY OR IMPLIED, WHICH ARE HEREBY DISCLAIMED AND EXCLUDED BY SELLER, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ALL OBLIGATIONS OR LIABILITIES ON THE PART OF SELLER FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE, REPAIR, OR PERFORMANCE OF THE GOODS. SELLERS WARRANTY EXTENDS ONLY TO VIRGIN UNOPENED CONTAINERS AND DOES NOT COVER PREMIX CONTAINERS. The Seller Warranty will not apply if the alleged defect was caused or contributed to by (i) failure of, or any defect in, any goods into which the Goods were installed or incorporated and not attributable solely and exclusively to such Good; (ii) any system processing, design or installation, (iii) failure to follow any directions, manuals and precautions provided by Seller, if any; (iv) transportation, storage or handling of the Goods; (v) misuse, mishandling, misapplication (including improper maintenance), accident, neglect, improper installation, wear and tear, abnormal use (including any application not originally specified by Seller for the Goods); or (vi) adjustments or repairs performed by anyone other than Seller or one of Seller’s expressly authorized agents. Exclusive Remedy. PURCHASER'S EXCLUSIVE REMEDY AGAINST SELLER, AND SELLER’S SOLE OBLIGATION FOR ANY AND ALL CLAIMS, WHETHER FOR BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL BE LIMITED TO, AT SELLER’S OPTION, SELLER REPLACING THE NON-CONFORMING GOODS WITH CONFORMING GOODS, REPARING THE APPLICABLE GOODS, OR REFUNDING THE PURCHASE PRICE PAID BY PURCHASER TO SELLER FOR THE APPLICABLE GOODS. IN NO EVENT SHALL SELLER HAVE ANY LIABILITY FOR DAMAGES IN AN AMOUNT EXCEEDING THE PURCHASE PRICE OF THE APPLICABLE GOODS.
Seller Warranty. At the Closing, Seller shall deliver to Purchaser a construction warranty (the “Seller’s Construction Warranty”), in the form attached hereto as Exhibit “I” and incorporated herein, warranting the Improvements to be free from defects in materials or workmanship for a period of twelve (12) months following the Closing Date (the “Warranty Period”). At Closing, Seller shall place the sum of $100,000.00 (the “Warranty Escrowed Funds”), in escrow with the Title Company, pursuant to an escrow agreement in form reasonably acceptable to Seller and Purchaser (the “Warranty Escrow Agreement”), to be held until the later to occur of (i) the expiration of the Warranty Period, or (ii) final resolution of any warranty claim made by Purchaser within the Warranty Period. The Warranty Escrowed Funds shall be disbursed to Purchaser in compensation for any Seller default under Seller’s Construction Warranty, subject to the terms of the next sentence. To the extent no warranty claim is made by Purchaser prior to the expiration of the Warranty Period or final resolution of any such warranty claim has occurred prior to the expiration of the Warranty Period, the Warranty Escrowed Funds, or balance thereof then remaining, shall thereafter be disbursed to Seller, provided that if such a claim has been made by Purchaser without final resolution and a balance remains after payment of all warranty claims from the Warranty Escrowed Funds to Purchaser, said balance shall be disbursed to Seller.
Seller Warranty. Xxxxxx agrees to deliver possession of the premises and personal property in 165 the same condition as it is at the date of this Contract, ordinary wear and tear excepted. Buyer 166 acknowledges that Xxxxx has inspected the premises and personal property and is acquainted 167 with its condition, and accepts the same in “AS IS” condition as of the time Xxxxx executed 168 this Contract, except Seller warrants the heating (and air conditioning) equipment and systems, 169 water heater, (water softener), plumbing and electrical equipment and systems, kitchen 170 appliances, and where applicable (septic system), (well), (swimming pool and equipment), and 171 (sprinkling system), to be in normal operating condition as of possession transfer. A system 172 shall be deemed to be in normal operating condition if it performs the function for which it is 173 intended regardless of age and does not constitute a threat to health or safety. Unless written 174 notice of breach of warranty is delivered by Xxxxx to Seller prior to possession transfer, this 175 warranty will be conclusively deemed to have been satisfied; provided, however, that Xxxxx 176 shall have six (6) months after possession transfer to provide written notice to Seller of any 177 defect existing as of possession transfer in the heating (and air conditioning) equipment and 178 systems, (septic system), (swimming pool and equipment), or (sprinkling system) if said 179 equipment could not be tested by Buyer at the time of any inspection conducted in conjunction 180 with this Contract. 181 If deleted pursuant to Paragraph 22B As Is: Seller’s Initials _ / Buyer’s Initials /
Seller Warranty. At the Closing, Seller shall deliver to Purchaser a construction warranty (the “Seller’s Construction Warranty”), in the form attached hereto as Exhibit “I” and incorporated herein, warranting the Improvements to be free from defects in materials or workmanship for a period of twelve (12) months following the Closing Date.
Seller Warranty. 5.1. The Seller warrants that the Products shall:
Seller Warranty. At the Closing, Seller shall deliver to Purchaser a construction warranty (the “Seller’s Construction Warranty”), in the form attached hereto as Exhibit “I” and incorporated herein, warranting the Improvements to be free from defects in materials or workmanship for a period of twelve (12) months following the Closing Date. EXCEPT FOR THE REPRESENTATIONS, WARRANTIES AND COVENANTS EXPRESSLY SET FORTH IN THIS AGREEMENT, OR IN THE CLOSING DELIVERIES TO BE MADE PURSUANT TO THIS AGREEMENT, SELLER MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED OR ARISING BY OPERATION OF LAW, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF CONDITION, HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE IN CONNECTION WITH THE PROPERTY.
Seller Warranty. COTSWORKS’ (SELLER’s) Limited Warranty forms an integral part of these Standard Terms and Conditions of Sale and can be found at xxx.xxxxxxxxx.xxx. SELLER makes this Limited Warranty to Buyer as the original customer only (not any lessees, transferees, or assignees). SELLER disclaims all warranties other than as expressly set forth in the Limited Warranty.
Seller Warranty. Seller represents and warrants that it or its Affiliates own, or have the right to deliver from the Freshwater System, all Freshwater delivered under this Agreement. If the title to Freshwater delivered by Seller hereunder is disputed or is involved in any legal action, Producer shall have the right to cease receiving such Freshwater, to the extent of the interest disputed or involved in legal action, during the pendency of the action or until title is freed from the dispute, or until Seller furnishes, or causes to be furnished, defense CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN REDACTED BECAUSE CONFIDENTIAL TREATMENT FOR SUCH INFORMATION HAS BEEN REQUESTED. THE REDACTED MATERIAL HAS BEEN SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION, AND THE INFORMATION HAS BEEN MARKED AT THE APPROPRIATE PLACE WITH BRACKETS AND THREE ASTERISKS [***]. and indemnification to hold Producer harmless from all claims arising out of the dispute or action, with surety acceptable to Producer. Seller shall release, indemnify, defend and hold Producer harmless from and against all claims and losses arising out of or related to any liens, encumbrances or adverse title claims on any of Seller’s Freshwater delivered to the Delivery Points.
Seller Warranty. Seller represents and warrants that it owns, or has the right to deliver from the Freshwater System, all Freshwater delivered under this Agreement. If the title to Freshwater delivered by Seller hereunder is disputed or is involved in any legal action, Producer shall have the right to cease receiving such Freshwater, to the extent of the interest disputed or involved in legal action, during the pendency of the action or until title is freed from the dispute, or until Seller furnishes, or causes to be furnished, defense and indemnification to hold Producer harmless from all claims arising out of the dispute or action, with surety acceptable to Producer. Seller shall release, indemnify, defend and hold Producer harmless from and against all claims and losses arising out of or related to any liens, encumbrances or adverse claims on any of Seller’s Freshwater delivered to the Delivery Points.
