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. 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 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. 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 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
Seller Warranty. Xxxxxx agrees to deliver possession of the premises and personal property in 176 the same condition as it is at the date of this Contract, ordinary wear and tear excepted. 177 Buyer acknowledges that Xxxxx has inspected the premises and personal property and is 178 acquainted with its condition, and accepts the same in “AS IS” condition as of the time Buyer 179 executed this Contract, except Seller warrants the heating (and air conditioning) equipment 180 and systems, water heater, (water softener), plumbing and electrical equipment and systems, 181 kitchen appliances, and where applicable (septic system), (well), (swimming pool and 182 equipment), and (sprinkling system), to be in normal operating condition as of possession 183 transfer. A system shall be deemed to be in normal operating condition if it performs the 184 function for which it is intended regardless of age and does not constitute a threat to health or 185 safety. Unless written notice of breach of warranty is delivered by Buyer to Seller prior to 186 possession transfer, this warranty will be conclusively deemed to have been satisfied; 187 provided, however, that Buyer shall have six (6) months after possession transfer to provide 188 written notice to Seller of any defect existing as of possession transfer in the heating (and air 189 conditioning) equipment and systems, (septic system), (swimming pool and equipment), or 190 (sprinkling system) if said equipment could not be tested by Buyer or Buyer’s licensed home 191 inspector at the time of any inspection conducted in conjunction with this Contract. 192 If deleted pursuant to Paragraph 23B As Is: Seller’s Initials / Buyer’s Initials / 193 13. Water System Evaluations. Seller shall provide to Buyer by 12/1/19 at Seller’s expense 194 (check if applicable): 195 An evaluation of the (well)/(septic) systems, where applicable, dated within 90 days of 196 closing including sampling of the well verifying that the water is bacteriologically safe, 197 that the nitrate level is within requirements approved by the State of Illinois, that the 198 well and septic systems meet with all applicable health department requirements and 199 are in normal operating condition without observable defects. The well and septic 200 evaluations shall be conducted by the local county health department or an Illinois 201 licensed environmental health practitioner in accordance with local health department 202 requirements. If Seller does not provide Buyer with satisfa...
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 “N” and incorporated herein, warranting the Improvements to be free from defects in materials or workmanship for a period of 121 days following the Closing Date.
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 nine (9) 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 Escrow Agent, 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. Any undisbursed portion of the Warranty Escrowed Funds shall be disbursed to Seller upon the expiration of the Warranty Period unless a warranty claim remains unresolved at such time, in which event all or a portion of the Warranty Escrowed Funds equal to the amount of such claim shall be reserved and not disbursed to Seller, subject to the resolution of such claim.
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 to the Companies that, as of the date of Delivery of Fuel under this Contract, it has good and marketable title to the Fuel sold and Delivered pursuant to this Contract, free and clear of any security interests, mortgage, pledge, liens, or other encumbrances, and that it has full right and authority to transfer such title and effect Delivery of such Fuel to the Companies.
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. “Seller Warranty” shall mean a one-year warranty, from the Closing Date, as described in Section 10.4 of this Agreement.
