Common use of Seller Warranty Clause in Contracts

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. Subject Seller warrants that goods sold hereunder are warranted to the limitations set forth be free from defects in this Agreement, material and workmanship for twelve (12) months or for a period of six (6) months following as specified for such goods in the [Warranty & Returns Policy] that may be amended by Seller from time to time. Seller warrants that any services performed under the Purchase Order shall be performed in a professional and workmanlike manner in accordance with generally accepted industry standards for similar services. Seller’s delivery sole and exclusive liability and Xxxxx’s sole and exclusive remedy for breach of the Goods (the “Warranty Period”), Seller warrants warranty is to Purchaser (use commercially reasonable efforts to promptly cure such breach. The damaged items will be returned to Buyer or scrapped at Buyer’s sole discretion 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”)cost. THE SELLER WARRANTY EXPRESSED ABOVE IS IN LIEU OF AND EXCLUSIVE OF ALL OTHER WARRANTIES. THERE ARE NO OTHER WARRANTIES, EITHER EXPRESS, STATUTORY EXPRESSED OR IMPLIED, WHICH EXCEPT AS STATED HEREIN. THERE ARE HEREBY DISCLAIMED AND EXCLUDED BY SELLER, INCLUDING WITHOUT LIMITATION, ANY WARRANTY NO IMPLIED WARRANTIES OF MERCHANTABILITY, OR 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, REPAIRPURPOSE, OR PERFORMANCE NON-INFRINGEMENT, WHICH ARE SPECIFICALLY DISCLAIMED. SELLER'S LIABILITY FOR BREACH OF WARRANTY IS AS HEREIN STATED AND IS THE GOODSEXCLUSIVE REMEDY FOR ANY BREACH HEREOF. SELLERS THE WARRANTY EXTENDS ONLY TO VIRGIN UNOPENED CONTAINERS AND DOES NOT COVER PREMIX CONTAINERSSET FORTH ABOVE IS SOLELY FOR THE BENEFIT OF BUYER. The All claims hereunder shall be made by Xxxxx and not by Buyer’s customers. It shall not be deemed a “defect,” and Seller Warranty will not apply be liable under the warranty in this Section, if the alleged defect was caused or contributed to by goods have been exposed to: (i1) failure ofmaintenance, repair, or any defect in, any goods into which other use that is improper for the Goods were installed good’s ordinary use or incorporated and otherwise not attributable solely and exclusively to such Goodin compliance with Seller’s instruction; (ii2) any system processinggoods alteration, design modification 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 repair by anyone other than Seller or one of authorized by 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. Subject to the limitations set forth in this Agreement, the Agreement and for a period of six (6) months following Xxxxx’s strict adherence to Seller’s delivery of the Goods warranty conditions (the “Warranty Period”which are available to Buyer upon request), Seller warrants to Purchaser Buyer (and not to any third party) that the Goods will conform to be free of significant defects in material and workmanship at the written specifications for time the Goods agreed upon Purchaser are placed in the designated carrier and Seller for 12 months thereafter (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, 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 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 use, assembly, system processing, design or installation, installation of the Goods; (iii) failure to follow any directions, manuals and or precautions provided by Seller, if any; (iv) transportation, storage or handling of the Goods; (v) misuse, mishandling, misapplication (including improper maintenance), accident, neglect, improper installationinstallation (including use of unauthorized parts, attachments, or raw materials), 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.