Seller’s Warranty and Buyer's remedies hereunder are in substitution for any other warranties, rights, obligations, representations, liabilities, terms or conditions in connection with the Products (including, without limitation, any relating to satisfactory quality, fitness for purpose, conformity with description or sample, care and skill or compliance with representations) which are hereby expressly excluded.
Seller’s Warranty. SELLER warrants that all supplies or services furnished under all issued Orders:
(i) shall strictly conform to all specifications, drawings, samples, or other descriptions therein;
(ii) shall be of good quality and free from defects in materials and workmanship;
(iii) shall be fit and serviceable for the intended purpose, as agreed upon by both parties;
(iv) shall be new material, unless BUYER grants written approval allowing new surplus or reconditioned items;
(v) shall not infringe on any patent, copyright, mask work, trademark, trade secret, or other intellectual property, proprietary or contractual right of any third party; and
(vi) shall have good and marketable title to all items (including all components thereof) purchased hereunder, free of all liens and encumbrances, and that no licenses are required for BUYER to use the items. SELLER’s warranty shall survive inspection and acceptance of, and payment for the supplies/services. Such warranty shall begin from the date item(s) are shipped from SELLER’s facility and shall remain valid for 12 months, during which time a claim may be filed. All Warranties/Returns/SDRs shall conform to the warranty terms and conditions contained herein and SELLER shall agree to adhere to DLM 4000.25-M v.2, Ch17 and XXXXX 23-110 V9 Sec.8K. Any warranty less than 12 months shall be clearly stated/identified on your quote/proposal and must be approved before given consideration for award. Any deviation after award may be grounds for Termination for Default. BUYER shall have the right to reject goods, materials and services because of SELLER’s breach of warranty, delay in performance, or nonconformity of delivery or performance and to revoke any acceptance if use of goods, materials, or services reveals defects not apparent upon receipt or inspection. If BUYER so rejects or revokes, BUYER may, at its option, exercise the following rights and remedies with respect to all or part of the goods, materials, or services:
(i) return the goods or materials to SELLER, at SELLER’s risk and expense, for repair, replacement or credit, at BUYER’s option;
(ii) withhold payment until SELLER has performed the services in accordance with the Terms of the Agreement;
(iii) withhold payment and terminate the Agreement without further liability on the part of BUYER. Neither receipt of the goods nor payment therefor shall constitute a waiver of this provision.
Seller’s Warranty. 7.1 Seller represents and warrants to Buyer that the Lot was or will be developed in substantial conformity with the recommendations of the project engineers and that the Lot is suitable for construction of residential improvements, provided that the improvements are constructed in a manner consistent with the NWCC, Inc. Soils Report, for a period of six (6) months after closing. Buyer shall give written notice of any non-conforming item within ten (10) days after Buyer’s discovery of the defect, provided that such notice must be given within six (6) months after the date of closing. Seller shall have no responsibility with regard to any alleged defects arising or reported more than six (6) months after closing. Provided that notice is timely given, Seller agrees that it will, within a reasonable time, determine whether the alleged defect is covered by the warranty. If so, then Seller shall have six (6) months (weather permitting) to cause the non-conforming workmanship to be remedied by repair of the non-conforming workmanship. If Seller is unable to cure the defect, then Seller will be liable only for actual damages caused as a direct result of the defect.
7.2 This limited warranty excludes, and Seller shall have no liability for, any damages resulting from (i) Buyer’s failure to adhere to the recommendations contained in the NWCC, Inc. Soils Report, (ii) any changes in the grading of the ground by parties other than the Seller, (iii) failure to maintain the drainage patterns established by the Seller, (iv) failure of the Buyer to take timely action to minimize such loss or damage and/or failure of the Buyer to give Seller proper or timely notice of the defect, (v) introduction of excessive water into the soils by parties other than Seller or parties under the control of Seller, and (vi) accidents, natural disasters or acts of God.
7.3 THE EXPRESS SELLER’S WARRANTY GIVEN IN THIS SECTION IS IN LIEU OF, AND YOU WAIVE, ANY OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, WHETHER ARISING UNDER STATE OR FEDERAL LAW INCLUDING, BUT NOT LIMITED TO, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, HABITABILITY, SUITABILITY FOR HABITATION, FITNESS, OR FITNESS FOR A PARTICULAR PURPOSE. WE EXPRESSLY DISCLAIM ALL WARRANTIES EXCEPT ONLY FOR SELLER’S WARRANTY.
7.4 BUYER AGREES THAT SELLER’S LIABILITY FOR ANY MATTER RELATED TO THE CONDITION OF THE LOT AFTER CLOSING, WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, IN NEGLIGENCE OR OTHERWISE, IS LIMITED TO THE REMEDY ...
Seller’s Warranty. Seller shall maintain at the Mines, efficient machinery, equipment, and other facilities required to produce, prepare, supply and deliver the quality and quantity of coal contemplated by this Agreement. Seller further agrees to operate and maintain the machinery, equipment and facilities at the Mines in accordance with good mining practices so as to efficiently produce, prepare and deliver the coal. In addition, Seller shall conduct all operations at the Mines in compliance with any and all applicable federal, state and local laws, rules and regulations, and Seller shall observe and perform all terms and provisions of any contract or agreement with third parties relative to the recovery and sale of coal from the reserves dedicated to this Agreement.
Seller’s Warranty. Seller represents and warrants that as of the date hereof:
a. Seller has the authority to sell the assets described in Exhibit A. b. Those assets are free and clear of all security interests.
Seller’s Warranty. Seller warrants that the Product delivered to Buyer shall conform to the Specifications set forth on Schedule A hereto and that at the time of delivery Seller shall have good title to and the right to transfer such Product and that the same shall be delivered free of encumbrances and that the Containers in which the Product will be delivered will be appropriate for containing and shipping the Product and will be free from defects and leaks. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Seller’s Warranty. SELLERS warrant that no notice from any governmental authority of any building, use, environmental, or code violation which existed before the date hereof has been received by SELLERS, their principal or their agent, within five (5) years from the execution of this Contract. No other warranty is extended by the SELLERS to the BUYER hereunder and any and all improvements located upon the real estate are sold in an “AS IS” condition, which condition the BUYER has inspected and accepted.
Seller’s Warranty. (a) The Seller warrants that the product delivered to the Buyer will comply with the specification or description given in any Agreement. In the absence of such specification or description the product shall be of normal industrial quality.
(b) Save as provided in this condition, no representation, warranty, condition or term, expressed or implied, statutory or otherwise as to the quality of the product, its fitness for any purpose or compliance with any sample or description or in any other respect shall apply to any Agreement or to any delivery made there under.
(c) The Seller shall not be responsible for any injury loss or damage, howsoever caused, arising directly or indirectly from the storage, application, or use of the product. Any representation, advice or recommendation given by the Seller, its servants or agents as to the mode of storing, applying or using the product is given without liability on the part of the Seller its servants or agents.
(d) The Seller's liability for all direct loss or damage resulting to the Buyer from defective product or from any other cause whatsoever shall be limited to the purchase price of the product, unless the Seller shall have replaced such defective product with product conforming in all respects with the Agreement, in which event the Seller shall be under no further liability to the Buyer.
(e) No representation, warranty or indemnity is implied that the product does not infringe any letters patent, trade marks, registered designs or other industrial property rights.
(f) If any statutory provisions shall avoid or make unenforceable any of the provisions of the forgoing paragraphs 6 (a) (c) (d) and (e), such paragraphs shall be deemed to apply with the exclusion of such of the provisions thereof which shall be void or unenforceable.
(g) Notwithstanding anything to the contrary in the Contract the Seller does not seek to exclude liability for:
(i) Sellers’ negligence in manufacture or supply of Goods delivered to the buyer which negligence causes death or personal injury.
(ii) Any breach on the part of the seller under the Consumer Protection Xxx 0000.
Seller’s Warranty. Seller warrants that the Product it delivers under this Contract will be delivered in full compliance with all applicable federal, state and local laws and regulations.
Seller’s Warranty and Buyer's remedies hereunder are: (i) Buyer’s sole and exclusive remedy, and Seller’s sole liability, for breach of Seller’s Warranty; and (ii) in substitution for any other warranties, rights, obligations, representations, liabilities, terms or conditions in connection with the Products (including, without limitation, any relating to satisfactory quality, fitness for purpose, conformity with description or sample, care and skill or compliance with representations) which are hereby expressly excluded.