Waiver of Implied Warranties. The express warranties set forth in this Agreement (including Warranties) are exclusive and the Parties hereby disclaim, and Owner hereby waives any and all warranties implied under Applicable Law (including the governing law specified in Section 21.9), including the implied warranty of merchantability and implied warranty of fitness for a particular purpose.
Waiver of Implied Warranties. All vehicles are used, off-lease or off-balloon vehicles and are sold AS IS, without express warranties regarding the quality, condition, accuracy of mileage, or any other physical aspect of the vehicles. Except as prohibited by law, ALL IMPLIED WARRANTIES OF ANY KIND, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. All sales are final. Notwithstanding the foregoing, purchasing Dealer (other than the grounding Dealer) may initiate an arbitration, pursuant to the terms on the Website.
Waiver of Implied Warranties. EXCEPT FOR ANY EXPRESS WARRANTIES UNDER THIS AGREEMENT (INCLUDING THE WARRANTIES), THE PARTIES HEREBY DISCLAIM ANY AND ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
Waiver of Implied Warranties. Except for any express warranties under this Agreement, the Parties hereby disclaim any and all other warranties, including the implied warranty of merchantability and implied warranty of fitness for a particular purpose.
Waiver of Implied Warranties. Except for any express warranties under this Agreement (including the Warranties), the Parties hereby (i) disclaim any and all other warranties, including the implied warranty of merchantability and implied warranty of fitness for a particular purpose, and (ii) waive the equitable remedy of rescission available under the law for a breach of warranty or a claim for Defective Work (but such waiver shall not affect any of Owner’s rights under this Agreement, including termination pursuant to Article 16). The Parties agree that after Substantial Completion of the applicable Train, the remedies set forth in this ARTICLE 12 shall be the Owner’s sole and exclusive remedy for a breach of warranty or any other claim for Defective Work related to such Train, whether based in contract, tort (including negligence and strict 91 liability) or otherwise, provided that this shall not limit Contractor’s obligations to achieve the Performance Guarantees, Contractor’s Punchlist obligations, Contractor’s indemnity obligations under this Agreement, or the Owner’s rights to withhold or draw on the letter of credit under this Agreement with respect to such Train.
Waiver of Implied Warranties. AND RELINQUISHMENT OF CLAIMS ALASKA LAW IMPOSES CERTAIN WARRANTY OBLIGATIONS ON BUILDERS IN THIS STATE BY IMPLICATION. THESE WARRANTIES ARE SOMETIMES CALLED ‘IMPLIED WARRANTIES’ BECAUSE THEY ARE NOT SPECIFICALLY SET FORTH IN ANY STATUTE, BUT EXIST ONLY IN COMMON LAW WHICH IS THE LAW AS STATED IN THE APPELLATE COURT DECISIONS OF THE STATE. IMPLIED WARRANTIES WHICH THE COURTS OF THIS STATE MAY INDICATE APPLY TO THE SALE OF NEWLY CONSTRUCTED RESIDENTIAL PROPERTY MAY INCLUDE BUT MAY NOT NECESSARILY BE LIMITED TO, THE IMPLIED WARRANTY OF HABITABILITY, THE IMPLIED WARRANTY OF WORKMANLIKE CONSTRUCTION, THE IMPLIED WARRANTY FITNESS FOR A PARTICULAR PURPOSE, AND THE IMPLIED WARRANTY OF MERCHANTABILITY. THE COURT MAY HOLD THAT ONE OR MORE OF THESE IMPLIED WARRANTIES ALSO APPLY TO RESIDENTIAL REMODELING WORK IN ADDITION TO NEW RESIDENTIAL BUILDING CONSTRUCTION. UNDER CERTAIN CIRCUMSTANCES A PURCHASER XXX XXXXX IMPLIED WARRANTIES AND RELINQUISH CLAIMS THAT HE OR SHE MAY HAVE IF THE WAIVER AND RELINQUISHMENT ARE ACCOMPLISHED VOLUNTARILY AND WITH THE KNOWLEDGE OF THE PERSON WAIVING THE WARRANTIES AND RELINQUISHING THE CLAIMS. XXXXXXXXX HOMES, INC. IS NOT REQUIRED TO PROVIDE PURCHASERS AN EXPRESS WARRANTY CONCERNING WORKMANSHIP AND MATERIAL AND AGAINST DEFECTS AND DEFICIENCIES, BUT AGREES TO PROVIDE THIS EXPRESS NEW CONSTRUCTION LIMITED WARRANTY IN THE PLACE OF ALL OTHER WARRANTIES IMPLIED BY LAW OR CONTRACT, AND OLY IN EXCHANGE FOR PURCHASERS’ VOLUNTARY WAIVER OF ALL SUCH IMPLIED WARRANTIES AND RELINQUISHMENT OF ALL CLAIMS AGAINST XXXXXXXXX HOMES, INC. FOR CONSEQUENTIAL DAMAGES, PERSONAL INJURY OR DEATH ARISING AFTER THE DATE OF CLOSING EXCEPTING ONLY CLAIMS FOR REPAIRS AND MODIFICATIONS SPECIFICALLY COVERED BY THIS NEW CONSTRUCTION LIMITED WARRANTY. THIS WAIVER AND RELINQUISHMENT SHALL BE BINDING UPON THE PURCHASER(S), AND THEIR HEIRS, SUCCESSORS, ASSIGNS, GRANTEES, GUESTS AND INVITEES. PURCHASER(S) ACKNOWLEDGE THAT XXXXXXXXX HOMES, INC. SHALL BE ENTITLED TO RELY UPON THIS WAIVER AS A COMPLETE BAR AND DEFENSE AGAINST ANY CLAIM ASSERTED BY PURCHASER(S) OR ANYONE CLAIMING THROUGH PURCHASER(S) EXCEPT FOR CLAIMS COVERED BY THIS NEW CONSTRUCTION LIMITED WARRANTY. THE DEED CONVEYING THE PROPERTY TO PURCHASERS SHALL CONTAIN A REFERENCE TO THIS WAIVER AND RELINQUISHMENT. AS USED HEREIN “PURCHASERS” AND “HOMEOWNERS” SHALL INCLUDE PURCHASERS OF REMODELING SERVICES, AND “NEW CONSTRUCTION” SHALL INCLUDE REMODELING WORK PERFORMED ON EXISTING RESIDENTIAL BUILDINGS WHEN THIS NEW CONS...
Waiver of Implied Warranties. (i) THE REPRESENTATIONS AND WARRANTIES OF THE SELLER PARTIES CONTAINED IN THIS AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF, ANY OTHER REPRESENTATION OR WARRANTY EXPRESS OR IMPLIED. THE SELLER PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES AND DISCLAIM ALL LIABILITY AND RESPONSIBILITY FOR ANY REPRESENTATION, WARRANTY, STATEMENT OR INFORMATION ORALLY OR IN WRITING MADE OR COMMUNICATED TO BUYER INCLUDING BUT NOT LIMITED TO ANY OPINION, INFORMATION OR ADVICE WHICH MAY HAVE BEEN PROVIDED TO BUYER BY THE SELLER PARTIES; AND (B) SELLER HAS NOT MADE, AND SELLER HEREBY EXPRESSLY DISCLAIMS AND NEGATES, ANY IMPLIED OR EXPRESS WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE.
Waiver of Implied Warranties. Buyer and its agents, consultants and representatives have had a reasonable opportunity to inspect the Acquired Assets. Except for the representations and warranties of Seller set forth in this Agreement or any Ancillary Agreement to which Seller is a signatory, Buyer acknowledges that Seller is not making any other representations or warranties, written or oral, statutory, express or implied, to Buyer, and that all other express or implied warranties (including warranties of merchantability and fitness for a particular purpose) are specifically disclaimed. Without limiting the foregoing, Buyer acknowledges, except as specifically set forth herein, that (A) the Acquired Interest IS being sold and transferred “as is, where is” and (B) none of Seller or any of its affiliates or representatives have made any representation or warranty concerning (i) the Acquired interest, or any future revenues, costs, expenditures, cash flows, results of operations, or financial condition or prospects of the Facility, (II) condition, value or quality of Acquired Assets, properties and operations of the Facility or the prospects of, and risks faced by, the Facility, or (iii) the business, assets or liabilities of Seller. Seller, on behalf of itself and its affiliates, hereby disclaims all liability and responsibility for any representation, warranty, statement or information not included in this agreement that was made, communicated or furnished (orally or in writing) to Buyer or any of its affiliates or representatives.
Waiver of Implied Warranties. EXCEPT FOR ANY EXPRESS WARRANTIES UNDER THIS AGREEMENT (INCLUDING THE WARRANTIES), THE PARTIES HEREBY (I) DISCLAIM ANY AND ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY AND IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND (II) WAIVE THE EQUITABLE REMEDY OF RESCISSION AVAILABLE UNDER THE LAW FOR A BREACH OF WARRANTY OR A CLAIM FOR DEFECTIVE WORK (BUT SUCH WAIVER SHALL NOT AFFECT ANY OF OWNER’S RIGHTS UNDER THIS AGREEMENT, INCLUDING TERMINATION PURSUANT TO ARTICLE 16). The Parties agree that after Substantial Completion, the remedies set forth in this ARTICLE 12 shall be the Owner’s sole and exclusive remedy for a breach of warranty or any other claim for Defective Work, whether based in contract, tort (including negligence and strict liability) or otherwise, provided that this shall not limit Contractor’s obligations to achieve the Performance Guarantees, Contractor’s Punchlist obligations, Contractor’s indemnity obligations under this Agreement, or the Owner’s rights to withhold or draw on the letter of credit under this Agreement.
Waiver of Implied Warranties. Having had the opportunity to inspect the Unit prior to signing this Agreement, Purchaser hereby waives any and all implied warranties, including, without limitation, any warranties that the Unit is free from faulty materials, constructed according to sound engineering standards, constructed in a workmanlike manner, and fit for habitation. Purchaser acknowledges and agrees that the Limited Warranty is the only warranty given with respect to the Unit, provided, however, that the foregoing waiver of implied warranties shall be valid notwithstanding any contrary provisions in the Limited Warranty certificate now or hereafter provided to Purchaser and/or executed by Purchaser or Seller.
