Common use of Warranties and Disclaimers Clause in Contracts

Warranties and Disclaimers. There are no warranties, express or implied, made by the Company herein, except for the limited warranty against defects in materials set forth in the following paragraph. The Company warrants that the Products shall meet the standard written specifications of the Company in effect as of the date of delivery. This limited warranty is expressly in lieu of any other warranties, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose. The Products subject to the Contract are not warranted as suitable for any particular purpose particular to Buyer. The suitability of Products for any purpose particular to Buyer is for Buyer, in Buyer’s sole judgment, to determine. The Company assumes no responsibility for the selection or furnishing of Products suitable to the individual needs and purposes of Buyer. No claim of any kind against the Company shall exceed the Price of the Products that has actually been paid to the Company under the Contract; provided further that the size of any claim shall be limited in amount to the Price of the particular Order of Products and/or the Price of the actual quantity of Products delivered for which the Buyer is making a claim. The remedy hereby provided shall be the sole and exclusive remedy of Buyer; and any right of the Buyer to loss of profits or for special, indirect, incidental, exemplary, punitive or consequential damages of any kind is hereby excluded. No charges or expenses incident to any claims will be allowed unless approved in writing by an authorized representative of the Company.

Warranties and Disclaimers. There are no warranties, express or implied, made by the Company herein, except for the limited warranty against defects in materials set forth in the following paragraph. The Company warrants that the Products shall meet the standard written specifications of the Company in effect as of the date of delivery. This limited warranty is expressly in lieu of any other warranties, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose. The Products subject to the Contract are not warranted as suitable for any particular purpose particular to Buyer. The suitability of Products for any purpose particular to Buyer is for Buyer, in BuyerXxxxx’s sole judgment, to determine. The Company assumes no responsibility for the selection or furnishing of Products suitable to the individual needs and purposes of Buyer. No claim of any kind against the Company shall exceed the Price of the Products that has actually been paid to the Company under the Contract; provided further that the size of any claim shall be limited in amount to the Price of the particular Order of Products and/or the Price of the actual quantity of Products delivered for which the Buyer is making a claim. The remedy hereby provided shall be the sole and exclusive remedy of Buyer; and any right of the Buyer to loss of profits or for special, indirect, incidental, exemplary, punitive or consequential damages of any kind is hereby excluded. No charges or expenses incident to any claims will be allowed unless approved in writing by an authorized representative of the Company.

Warranties and Disclaimers. There are no warranties, express or implied, made by the Company herein, except for the limited warranty against defects in materials set forth in the following paragraph. The Company warrants that the Products shall meet the written specifications of the Contract or, where no such written specifications have been stipulated in the Contract, the standard written specifications of the Company in effect as of the date of delivery. This limited warranty is expressly in lieu of any other warranties, conditions or other terms, express or implied, including, without limitation, any implied warranty of quality, merchantability or fitness for a particular purpose. For the avoidance of doubt, all warranties, conditions and other terms implied by fact or law, including but not limited to terms implied by business efficacy, custom or usage, and including but not limited to terms regarding quality, merchantability or fitness for purpose, are to the fullest extent permitted by law specifically disclaimed and excluded from the Contract. The Products subject to the Contract are not warranted as suitable for any particular purpose particular to the Buyer. The suitability of the Products for any purpose particular to the Buyer is for the Buyer, in the Buyer’s sole judgment, to determine. The Company assumes no responsibility for the selection or furnishing of Products suitable to the individual needs and purposes of the Buyer. No claim of any kind against the Company shall exceed the Price of the Products that has actually been paid to the Company under the Contract; , provided further that the size of any claim shall be limited in amount to the Price of the particular Order of Products and/or as accepted by the Company or the Price of the actual quantity of Products delivered for which the Buyer is making a claim, whichever is lower. The remedy hereby provided shall be the sole and exclusive remedy of the Buyer; , and any right of the Buyer to loss of profits profits, business or goodwill, and/or for special, indirect, incidental, exemplary, punitive or consequential damages of any kind is hereby excluded. No charges or expenses incident to any claims will be allowed unless approved in writing by an authorized representative of the Company.

Warranties and Disclaimers. There are no warranties, express or implied, made by the Company herein, except for the limited warranty against defects in materials set forth in the following paragraph. The Company warrants that the Products shall meet the written specifications of the Contract or, where no such written specifications have been stipulated in the Contract, the standard written specifications of the Company in effect as of the date of delivery. This limited warranty is expressly in lieu of any other warranties, conditions or other terms, express or implied, including, without limitation, any implied warranty of quality, merchantability or fitness for a particular purpose. For the avoidance of doubt, all warranties, conditions and other terms implied by fact or law, including but not limited to terms implied by business efficacy, custom or usage, and including but not limited to terms regarding quality, merchantability or fitness for purpose, are to the fullest extent permitted by law specifically disclaimed and excluded from the Contract. The Products subject to the Contract are not warranted as suitable for any particular purpose particular to the Buyer. The suitability of the Products for any purpose particular to the Buyer is for the Buyer, in the Buyer’s 's sole judgment, to determine. The Company assumes no responsibility for the selection or furnishing of Products suitable to the individual needs and purposes of the Buyer. No claim of any kind against the Company shall exceed the Price of the Products that has actually been paid to the Company under the Contract; , provided further that the size of any claim shall be limited in amount to the Price of the particular Order of Products and/or as accepted by the Company or the Price of the actual quantity of Products delivered for which the Buyer is making a claim, whichever is lower. The remedy hereby provided shall be the sole and exclusive remedy of the Buyer; , and any right of the Buyer to loss of profits profits, business or goodwill, and/or for special, indirect, incidental, exemplary, punitive or consequential damages of any kind is hereby excluded. No charges or expenses incident to any claims will be allowed unless approved in writing by an authorized representative of the Company.