Warranties, Remedies and Limitations. 12.1 Daramic warrants that the Separators used in the construction of lead-acid batteries hereunder do not or will not infringe any patent of the country of original manufacture by Daramic. Daramic shall defend and hold Exide harmless from and against any and all claims, liabilities and costs (including reasonable attorneys' fees) incurred by Exide as a result of any breach of this non-infringement warranty. Daramic's liability under this warranty is conditioned upon (i) Exide giving prompt written notice of any claim of patent infringements made against Exide, (ii) Exide making available to Daramic all information available to Exide in respect of the claim, and (iii) Exide's granting Daramic control of its settlement and/or litigation, provided, however, that Daramic shall not settle or compromise any claim in a matter that affects the rights or interests of Exide without Exide's prior written consent and further provided that if Exide's consent is not granted, then Daramic's obligation to defend and hold Exide harmless shall cease and be of no further force and effect as it relates to the particular claim in question. Daramic may discontinue delivery of Separators if, in Daramic's opinion, its manufacture would constitute patent infringement. Daramic makes no warranty against patent infringement resulting from use of Separators in combination with other materials or in the operation of any process or resulting from the production of Separators using specifications approved, provided or required by Exide, and if a claim, suit or action is based thereon, Exide shall defend, indemnify and hold Daramic harmless therefrom.
Warranties, Remedies and Limitations a) Cemstone does not, under any circumstances, warrant the performance of concrete which is not adequately cured, is improperly handled and/or finished, or is not fit for the intended use after delivery/discharge to Customer or for which the mix design was provided by a party other than Cemstone.
Warranties, Remedies and Limitations a) Cemstone warrants to Customer that, at the time of delivery, the goods sold will conform substantially to the description on the face of the specific quotation. If a substitution or “or equal” approval is included the Customer is fully responsible for obtaining all necessary approvals. CEMSTONE’S LIABILITY AND CUSTOMER’S REMEDY UNDER THIS WARRANTY ARE LIMITED AT CEMSTONE’S DISCRETION TO 1) REPLACEMENT OF DELIVERED READY-MIXED CONCRETE ONLY WHICH IS SHOWN TO CEMSTONE’S REASONABLE SATISFACTION TO HAVE BEEN NON-CONFORMING; OR 2) A REFUND OF THE PURCHASE PRICE; OR, 3) IF NOT PAID, TO A CREDIT IN THE AMOUNT OF THE PURCHASE PRICE. IN NO EVENT SHALL CEMSTONE BE RESPONSIBLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.
Warranties, Remedies and Limitations. In addition to Xxxxx & Whitney's obligation to perform maintenance services as specified in the Agreement, the following warranties are provided:
Warranties, Remedies and Limitations a) Cemstone warrants to Customer that, at the time of delivery, the goods sold will conform substantially to the description on the face of the specific quotation. If a substitution or “or equal” approval is included the Customer is fully responsible for obtaining all necessary approvals. Cemstone’s liability and Customer’s remedy under this warranty are limited at Cemstone’s discretion to 1) replacement of delivered ready-mixed concrete ONLY which is shown to Cemstone’s reasonable satisfaction to have been non-conforming; or 2) a refund of the purchase price; or, 3) if not paid, to a credit in the amount of the purchase price. In no event shall Cemstone be responsible for incidental or consequential damages of any kind.
Warranties, Remedies and Limitations. (a) COMPANY'S ONLY LIABILITY AND CLIENT'S SOLE REMEDY FOR ANY LOSS OF THE SERVICES TO BE PROVIDED PURSUANT TO THIS LEASE, OR OTHERWISE PROVIDED AT CLIENT'S REQUEST, ARE LIMITED TO A PRO RATA CREDIT OF PAYMENTS MADE BY CLIENT PURSUANT TO PARAGRAPH 3, SAID PRO RATA CREDIT SHALL APPLY TO THE PERIOD OF TIME DURING WHICH COMPANY WAS NOT ABLE TO PROVIDE THE ABOVE-DESCRIBED SERVICES.
Warranties, Remedies and Limitations a. Services -- Seller warrants to Buyer that at the time of delivery of overhauled or repaired goods, the overhaul and repair services performed by Seller will have been performed in a workmanlike manner. Seller's liability and Buyer's remedy under this warranty are limited to the Seller correcting at the Seller's facility such services as are shown to Seller's reasonable satisfaction to have been defective; provided that written notice of the defect shall have been given by Buyer to Seller within ninety (90) days after first operation or use of the goods, or within one (1) year after the date of delivery of such goods by Seller, whichever shall first occur. Transportation charges for the return of defectively serviced goods to Seller and their reshipment to Buyer and risk of loss thereof will be borne by Seller only if returned in accordance with written shipping instructions from Seller.
Warranties, Remedies and Limitations. 4.1 Notwithstanding the warranties set forth in the Engine Warranty and Service Policy, P&W warrants to Customer that the Maintenance Services will be performed in a workmanlike manner and that the P&W parts used therein or goods or Equipment sold hereunder will be free from defect in material and manufacture when furnished by P&W. This warranty terminates after [*] after P&W delivers the goods or re delivers the Equipment, whichever first occurs (the “Warranty Period”).
Warranties, Remedies and Limitations. 9.1 Except to the extent that the Raw Material delivered by Schein fails to conform to the warranties set forth in Section 9.2 hereof, Pfizer warrants that the Product delivered hereunder (i) will be free from liens or claims of third parties; (ii) will conform to the specifications set forth in Exhibit 2; (iii) will conform to the Certificate of Analysis supplied to Schein by Pfizer; and (iv) will not be adulterated or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act. Nothing herein imposes any obligation on Pfizer with respect to claims for damages for use of Product sold by Schein from causes other than those expressly set forth hereunder.
Warranties, Remedies and Limitations. (a) LANDLORD'S ONLY LIABILITY AND TENANT'S SOLE REMEDY FOR ANY LOSS OF THE SERVICES TO BE PROVIDED PURSUANT TO PARAGRAPH 8 and 9 HEREIN ABOVE, OR OTHERWISE PROVIDED AT TENANT'S REQUEST, ARE LIMITED TO A PRO RATA CREDIT OF PAYMENTS MADE BY TENANT PURSUANT TO PARAGRAPH 4. SAID PRO RATA CREDIT SHALL APPLY TO THE PERIOD OF TIME DURING WHICH LANDLORD WAS NOT ABLE TO PROVIDE THE ABOVE-DESCRIBED SERVICES.
