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
b) Cemstone warrants to Customer that it will convey good title to the goods sold hereunder.
c) Cemstone shall not be responsible for, or pay, any charges for inspection or tests made by or on behalf of Customer.
d) THE FOREGOING WARRANTIES ARE EXCLUSIVE AND ARE GIVEN AND ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE UNIFORM COMMERCIAL CODE (“UCC”) WARRANTY OF MERCHANTABILITY AND THE UCC WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. THE REMEDIES OF CUSTOMER FOR ANY BREACH OF WARRANTY SHALL BE LIMITED TO THOSE PROVIDED HEREIN. NO AGREEMENT VARYING OR EXTENDING THE FOREGOING WARRANTIES, REMEDIES OR LIMITATIONS WILL BE BINDING UPON CEMSTONE UNLESS IN WRITING, SIGNED BY A DULY AUTHORIZED OFFICER OF CEMSTONE. THESE WARRANTIES EXTEND ONLY TO CUSTOMER AND ARE NOT INTENDED TO BENEFIT OTHER PARTIES.
e) When possible, Cemstone will pass on available product warranties or guarantees provided by others to the Customer, but Customer understands and agrees that such warranties or guarantees are not being provided by Cemstone and that Cemstone will not fulfill the terms of such warranties or guarantees, but will assist the Customer in gaining access to or information regarding the provider of such warranty or guarantee.
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.
b) Cemstone does not warrant, under any circumstances, the final color or appearance of any architectural specified ready-mixed concrete.
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:
7.1 Services [Intentionally Omitted]
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.
(b) COMPANY PROVIDES NO WARRANTIES AS TO ANY SERVICES PROVIDED TO CLIENT AND ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE HEREBY WAIVED.
(c) THE FOREGOING REMEDY IS EXCLUSIVE AND IS GIVEN AND ACCEPTED IN LIEU OF ANY OBLIGATION, LIABILITY, RIGHT OR CLAIM OR REMEDY IN CONTRACT OR TORT, WHETHER OR NOT ARISING FROM COMPANY'S NEGLIGENCE, ACTUAL OR IMPUTED. THE REMEDIES OF CLIENT SHALL BE LIMITED TO THOSE PROVIDED HEREIN TO THE EXCLUSION OF ANY AND ALL OTHER REMEDIES, INCLUDING, WITHOUT LIMITATION, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Warranties, Remedies and Limitations. 15.3.1 Notwithstanding the warranties set forth in the Engine Warranty and Service Policy, IAE warrants to JetBlue that the goods or Equipment sold hereunder will be free from defect in material and manufacture when furnished by IAE. Unless set forth in the Engine Warranty and Service Policy attached to this Agreement, this warranty terminates [***] (the “Warranty Period”).
15.3.2 If IAE breaches the warranties set forth in Section 15.3.1, IAE will provide to JetBlue the remedy set forth in Section 15.3.3, provided that JetBlue has given written notice of any such breach to IAE [***]. The shop visit required to implement the remedy constitutes an Eligible Shop Visit under Section 5.3 of the FMP.
15.3.3 IAE’s liability and JetBlue’s remedy under the warranties set forth in Section 15.3.1[***] [***] Represents material which has been redacted and filed separately with the Commission pursuant to a request for confidential treatment pursuant to Rule 24b-2 under the Securities Exchange Act of 1934, as amended. JetBlue PW1100G-JM NEB-FMP AGMT (2018-3-30) FINAL Execution Version (CT Version - Fully Redacted) 4847-8233-2771 v.1 Page 13 ALV 4847-8233-2771.1
15.3.4 IAE warrants to JetBlue that IAE will convey good title, free and clear of any encumbrances or rights of third parties to the goods or Equipment sold hereunder. IAE’s liability and JetBlue’s sole remedy under the warranty set forth in this Section 15.3.4 are limited to[***]
15.3.5 In the event any suit, claim or action is brought against JetBlue (or person expressly indemnified by JetBlue) alleging that, without further combination, JetBlue’s use or resale of goods, including Engines, directly infringes any patents, IAE will, [***] conduct the entire defense including any and all necessary court action, settlements and appeals.[***] If the use or resale of such goods is finally enjoined, IAE will, at its option: (a) procure for JetBlue the right to use or resell such goods; (b) replace such goods with equivalent non-infringing parts; (c) modify such goods so they become non-infringing but equivalent; or
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. 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.
9.2 Schein warrants that the Raw Material delivered hereunder (i) will be free from liens or claims of third parties with respect to Raw Material sold to Pfizer for manufacture of Pfizer Product;
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”).
4.2 If P&W breaches the warranties set forth in Section 4.1, P&W will provide to Customer the remedy set forth in Section 4.3, provided that Customer has given written notice of any such breach to P&W within the Warranty Period.
4.3 P&W’s liability and Customer’s remedy under the warranties set forth in Section 4.1 [*].
4.4 P&W warrants to Customer that P&W will convey good title to all goods or Equipment sold or exchanged by P&W hereunder. P&W’s liability and Customer’s sole remedy under the warranty set forth in this Section 4.4 are limited to [*].
4.5 In the event any suit, claim or action is brought against Customer (or a person expressly indemnified by Customer) alleging that, without further combination, Customer’s use or resale of (a) goods (b) a part made by or under P&W’s control and in accordance with the specification or design provided by P&W or (c) a P&W-owned process patent involving a process that was developed by P&W directly infringes any patents, P&W will, [*], conduct the entire defense including any and all necessary court action, settlements, and appeals. [*]. If the use or resale of such goods or part(s) is finally enjoined, P&W will, at its option: (a) procure for Customer the right to use or resell such goods or parts; (b) replace such goods or parts with equivalent non-infringing parts; (c) modify such goods or parts so they become non-infringing but equivalent; or
Warranties, Remedies and Limitations
