Seller’s Limited Warranty. (a) SELLER EXPRESSLY WARRANTS THAT IT WILL CORRECT ANY MATERIAL DEFECTS IN THE HEATING, PLUMBING, AIR CONDITIONING, ELECTRICAL, ROOFING OR MAJOR STRUCTURAL SYSTEMS OF THE HOUSE THAT OWNER, BY DUE WRITTEN NOTICE, CALLS TO SELLER'S ATTENTION WITHIN TWELVE (12) MONTHS OF THE DATE OF SETTLEMENT, PROVIDED THAT SUCH DEFECTS DO NOT RESULT IN WHOLE OR IN MATERIAL PART FROM WORK. ALTERATIONS OR OTHER ACTS PERFORMED OTHER THAN BY SELLER, ACTS OF GOD OR ANY OTHER CAUSES NOT DIRECTLY ATTRIBUTABLE TO SELLER. THIS WARRANTY IS GIVEN EXCLUSIVELY FOR THE BENEFIT OF BUYER AND DOES NOT EXTEND TO, NOR SHALL IT BE ASSIGNED OR TRANSFERRED TO, ANY FUTURE OWNER OF THE HOUSE WITHOUT THE PRIOR WRITTEN CONSENT OF SELLER, INCLUDING, WITHOUT LIMITATION, ANY HEIR, ADMINISTRATOR, SUCCESSOR AND/OR ASSIGN OF BUYER. ALL OTHER EXPRESS OR IMPLIED WARRANTIES ARE EXCLUDED, INCLUDING SPECIFICALLY ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SELLER SHALL HAVE THE SOLE RIGHT TO DETERMINE WHETHER A DEFECT SHALL BE CORRECTED BY REPAIR OR REPLACEMENT. IN NO EVENT SHALL SELLER BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES OR PERSONAL INJURIES ARISING UNDER THE WARRANTY OR THIS AGREEMENT.
(b) Specifically, and without limitation, no warranty is given in respect to any other matters relating to the construction of the Unit or the condition of the premises including without limitation of the following or the consequences thereof:
Seller’s Limited Warranty. Seller warrants to Buyer that upon delivery to Buyer the Products purchased hereunder shall conform to the applicable manufacturer’s specifications for such Products and that any value-added work performed by Seller on such Products shall conform to applicable Buyer’s specifications relating to such work. The foregoing warranties are Seller’s exclusive warranties, and the Products sold under this Contract are sold “as is.” Except as otherwise expressly provided herein, Seller makes no representation or warranty of any kind, either expressed or implied, as to any matter whatsoever relating to the Products, including, without limitation, the design and condition of the Products or their quality, capacity, suitability, construction, performance, merchantability, or fitness for any particular purpose. LIMITATION OF LIABILITIES. Buyer shall not in any event be entitled to, and Seller shall not be liable for direct, indirect, special, incidental, or consequential damages of any nature including, but not limited to, business interruption costs, removal and/or reinstallation costs, loss of profit or revenue, loss of data, promotional or manufacturing expenses, overhead, injury to reputation, loss of customers, personal property damage, personal injury or death, even if Seller has been advised of the possibility of such damages. Xxxxx’s recovering from Seller for any claim shall not exceed Xxxxx’s purchase price for the Product, giving rise to such claim irrespective of the nature of the claim, whether in contract, tort, warranty or otherwise. Seller shall not be liable for and Buyer shall indemnify, defend, and hold Seller harmless from any claims based on Seller’s compliance with Buyer’s designs, specifications, instructions, or modification of any Products by parties other than Seller, or use in combination with other products. FORCE MAJEURE. Seller shall not be liable for failure to fulfill its obligations herein or for delays in delivery due to causes beyond its reasonable control, including, but not limited to, acts of God, natural disasters, acts or omissions of other parties, acts or omissions of civil or military authority, government priorities, changes in law, material shortages, fire, strikes, floods, tornadoes, hurricanes, epidemics, quarantine restrictions, riots, war, acts of terrorism, delays in transportation or inability to obtain labor or materials through its regular sources. Seller’s time for performance of any such obligation shall be extended...
Seller’s Limited Warranty. Seller hereby warrants the following: Should the animal purchased under this agreement be diagnosed by a board certified specialist as being affected by hereditary defects of the hips, elbows, eyes and/or heart, the Seller is willing to take the puppy back and replace it with a puppy from another breeding, so long as said diagnoses and request for replacement happen within two (2) years of the animal’s birth date. Reasonable precautions have been taken to prevent this puppy from acquiring hereditary defects of the hips, elbows, eyes and heart. However, due to unknown hereditary and environmental causes of such unknown defects, no guarantee will be given against them. Due to recent research implicating an extraordinarily higher incident of hip dysplasia, elbow dysplasia, hemangiosarcoma and lymphosarcoma in golden retrievers that have been spayed or neutered this limited warranty is null and void if the puppy is spayed or neutered at anytime within the first 18 months, unless expressed written permission is granted by seller at seller's discretion PRIOR to spay/neuter procedure is performed. Buyer(s) initials: This limited warranty is given only to the original purchaser of the animal sold under this agreement. This limited warranty is the only warranty given on the animal purchased under this agreement.
Seller’s Limited Warranty. The Seller agrees to give the Buyer certain warranties concerning the construction of the Unit and improvements to the Common Elements as follows:
(1) a. ___________ CHECK HERE IF THE UNIT IS
Seller’s Limited Warranty. 9.3.1 At Closing, Seller will deliver to Heritage all manufacturers' warranty material applicable to the heating system, appliances, and other equipment supplied with the Property. It is understood and agreed that such manufacturers' warranties, as delivered to Heritage, shall be the exclusive remedy as to all items installed in or around the Property which are covered by such delivered separate manufacturers' warranties; and Seller does not give any warranty express or implied as to the merchantability of such items or as to their fitness for any purpose. Except as expressly stated herein or as implied herein, the Property is being transferred to Heritage on an "AS IS, WHERE IS" basis.
Seller’s Limited Warranty. Seller hereby warrants the following: This dog is current on all required vaccines, recently dewormed, treated with flea preventive and heartworm preventative as of date of transferred and in good health. This dog's hips, elbows, dentition, heart, eyes, or disposition or other breeding consideration may have been deemed undesirable for breeding, or this dog is retired from breeding with no health concerns other than no longer being bred. So it is understood by all parties that this dog is being placed for the sole purpose of being a pet. Seller has provided Buyer will any films and/or information relating to the dog's hips/elbows/heart/eyes if applicable, and has been advised of the current best practices for reducing any damage and discomfort for the dog as he/she ages including keeping the dog's weight within reasonable standards, no excessive high impact jumping, and providing glucosamine, chondroitin, msm, green lipped mussels, and fish oil supplements daily.
Seller’s Limited Warranty. With respect to Products which do not meet applicable manufacturer's specifications. Seller's liability is limited, at Seller's election, to (1) refund of Buyer's purchase price for such Products (without interest), (2) repair of such Products, or (3) replacement of such Products; provided, however, that such Products must be returned to Seller, along with acceptable evidence of purchase, within thirty (30) days from date of delivery, transportation charges prepaid. Seller shall transfer to Buyer whatever transferable warranties and indemnities Seller receives from the manufacturer of the Products, including any transferable warranties and indemnities respecting patent infringement. The following credit cards are accepted online: Visa, Mastercard, Discover, American Express. Open accounts are also available. Terms are Net 30. Xxxxx agrees to pay the entire net amount of each invoice pursuant to our terms. Payment by cash, check or bank wire transfer are accepted. If a Buyer accounts becomes delinquent, Seller may suspend delivery or an order/remaining balance until payment is made. Shipping is available via UPS, Fed-Ex or LTL. All shipments by Seller are F.O.B.point of origin and all transportation charges shall be paid by Buyer in addition to insurance for items subject to loss/breakage/theft. Selection of carrier is by the Seller unless specified by Xxxxx. Upon receipt, Xxxxx will inspect, count, and note any damage, missing items/boxes reporting to Seller within 24 hours. Xxxxx is deemed to have accepted the Products unless written notice of rejection is received by Seller within said 24 hours.
Seller’s Limited Warranty. Seller warrants to Buyer that upon delivery to Buyer the Products purchased hereunder shall conform to the applicable manufacturer's specifications for such Products and that any value-added work performed by Seller on such Products shall conform to applicable Buyer's specifications relating to such work. Seller makes no other warranty, express or implied, with respect to the Products. IN PARTICULAR, SELLER MAKES NO WARRANTY RESPECTING THE MERCHANTABILITY OF THE PRODUCTS OR THEIR SUITABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR RESPECTING INFRINGEMENT. With respect to Products which do not meet applicable manufacturer's specifications and with respect to value-added work by Seller which does not meet applicable Buyer's specifications, Seller's liability is limited, at Seller's election, to (1) refund of Buyer's purchase price for such Products (without interest), (2) repair of such Products, or (3) replacement of such Products; provided, however, that such Products must be returned to Seller, along with acceptable evidence of purchase, within thirty (30) days from date of delivery, transportation charges prepaid. Seller shall transfer to Buyer whatever transferable warranties and indemnities Seller receives from the manufacturer of the Products, including any transferable warranties and indemnities respecting patent infringement.
Seller’s Limited Warranty. 9.3.1 Through the first twelve (12) months following the date of Closing, Seller warrants to Heritage that the buildings on the Property have been constructed in a good and workmanlike manner and are free from defects as to material and workmanship unless expressly excluded below. Claims by Heritage under this warranty shall be valid only if delivered to Seller in writing within one (1) year of the date Heritage acquires the Property. Said warranty shall apply exclusively for the benefit of Heritage (including anyone whom Heritage has assigned its interest in this Agreement prior to Closing) and shall terminate at such time as Heritage (or the successor prior to Closing) ceases to be the owner of the Property.
9.3.2 At Closing, Seller will deliver to Heritage all manufacturers' warranty material applicable to the heating system, appliances, and other equipment supplied with the Property. It is understood and agreed that such manufacturers' warranties, as delivered to Heritage, shall be the exclusive remedy as to all items installed in or around the Property which are covered by such delivered separate manufacturers' warranties; and Seller does not give any warranty express or implied as to the merchantability of such items or as to their fitness for any purpose.
9.3.3 Seller shall not be required to warrant any of the following: (1) concrete or floor mortar expansion cracks, (2) floor squeaks, (3) cracks in sheet rock, (4) chips, scratches or mars in tile, woodwork, walls, porcelain, brick, mirrors, plumbing fixtures, or glass not identified in writing at the time of purchase, (5) spots on carpeting, (6) warpage of doors due to temperature differential or changes, and (7) freezing of plumbing pipes and faucets. The buildings are used and the warranty excludes normal wear and tear resulting from usage as rental apartments.
9.3.4 There are no other terms, conditions or warranties, express or implied, of quality, fitness, habitability or otherwise as to any of the Property or any improvements construed thereto, other than or different from those set forth in this paragraph and those set forth in this Agreement. Heritage acknowledges that, at the conclusion of the one (1) year period, it will have no claims against Seller for any defects in the Property or any improvements thereto except for those matters about which a claim has been made prior to the one (1) year limitation and are included in the warranty described in this Paragraph 9.3.
Seller’s Limited Warranty. Unless this Agreement specifies a different warranty period, Seller warrants that the Product(s) to be sold to Buyer identified above will be in good working order upon the delivery date and for a period of thirty (30) days (“Warranty Period”) immediately following the deliv- ery date.
