Warranty and Liability Limitation. Mid Valley warrants to you, and only you, that all Products sold to you were, at the time of shipment from the Facility, free from defects in material and workmanship. The foregoing warranty shall not apply to and Mid Valley shall not be liable for any damage or loss relating to (i) any parts or other material supplied by you or other third persons, (ii) Products that shall have been subjected to unauthorized alteration or modification, negligence, accident, damage by circumstances beyond Mid Valley’s control, improper operation, maintenance or storage, or that were repaired by any party other than Mid Valley or an authorized representative thereof, or (iii) components not manufactured by Mid Valley which are warranted by the original manufacturer (Mid Valley agrees to assign to you any respective warranties from parts not manufactured by Mid Valley). If any Products do not conform to the foregoing warranty, and if you report such nonconformity to Mid Valley within the 90-day warranty claim period referred to below, Mid Valley shall, at its option, either replace such nonconforming Products without cost to you or refund to or credit you for the invoice price of such Products. Such replacement, refund or credit shall be Mid Valley’s sole obligation with respect to any warranty or other claim relating to any Product sold to you. In no event shall Mid Valley have any liability for any damages, whether incidental, consequential, punitive or otherwise (even if Mid Valley has been advised of the possibility of such damages), for any breach of warranty or any other act, omission, default or breach, including, but not limited to, any liability for lost profits, product recall costs or any loss of business or goodwill. You shall inspect all Products promptly upon receipt and shall give written notice to Mid Valley of any claims based on the aforementioned warranty as soon as practicable, but in any event within 90 days after delivery to you of such Products. If you claim that any Product does not meet the aforementioned warranty, you shall make such Product available to Mid Valley, upon its request, so that Mid Valley may conduct its own analysis. If you fail to give written notice to Mid Valley of a claim with respect to any Product within 90 days after delivery thereof as provided above, such Product shall be deemed to conform to Mid Valley’s warranty and you shall be deemed to have irrevocably accepted such Product and shall be obligated to pay for it in accorda...
Warranty and Liability Limitation. EXCEPT FOR THE EXPRESS WARRANTIES STATED IN THE MSAAS AGREEMENT, CIMPLX AND ITS COMPANY AFFILITATES DISCLAIMS ALL WARRANTIES ON SERVICES FURNISHED UNDER THE MSAAS AGREEMENT INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; AND THE STATED EXPRESS WARRANTIES ARE IN LIEU OF ALL OBLIGATIONS OR LIABILITIES ON THE PART OF CIMPLX ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OF CIMPLX UNDER THE MSAAS AGREEMENT. EXCEPTAS SPECIFICALLY PROVIDED WITHIN THE MSAAS AGREEMENT, CIMPLX AND ITS COMPANY AFFILIATES WILL NOT BE LIABLE FOR ANY INJURIES CAUSED BY THE USE OF THE SERVICES OR BY ANY ERRORS, DELAYS, INTERRUPTIONS IN TRANSMISSION, OR FAILURES OF THE SERVICES EXCEPT CIMPLX’S INDEMNIFICATION OBLIGATIONS SET FORTH IN SECTION 6.5 BELOW, THE TOTAL AGGREGATE LIABILITY OF CIMPLX OR ITS SUPPLIERS TO CLIENT AND/OR ANY THIRD PARTY IN CONNECTION WITH THE MSAAS AGREEMENT SHALL BE LIMITED TO DIRECT DAMAGES PROVEN BY CLIENT, SUCH DIRECT DAMAGES NOT TO EXCEED AN AMOUNT EQUAL TO THE TOTAL NET PAYMENTS RECEIVED BY CIMPLX FOR THE SERVICES IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE DATE IN WHICH THE CLAIM ARISES.
Warranty and Liability Limitation a) Any System performance figures, characteristics or specifications included in a Quote are based on experience and the specifications published by the manufacturer of the solar PV panels and inverters supplied as part of the System and as such are expected to be obtained on test. No liability is accepted by SuperPower if these figures are not obtained, unless they are not obtained because of specific component failure which is covered in clauses 7(a).
b) Unless the Quote and Product Warranty specifically provides, no other conditions, representations, guarantees or warranties are given or implied. If the System provided matches the description in the Quote notwithstanding any inconsistencies between the samples shown to the Buyer and the description of the System (if present), SuperPower will be deemed to have satisfied their obligations.
c) SuperPower is not liable for any consequential or other indirect damages whatsoever including personal injury or property damages to the extent that they can be contracted out of. SuperPower contracts out of any liability (but without limitation) imposed under the Consumer Guarantees Act 1993 to the maximum extent permitted by section 43.
d) When SuperPower is the installer of the System, it will only be liable for direct loss or damage caused by incorrect installation, erection or fixing. Despite the foregoing, provided SuperPower have taken reasonable care in installing the System, SuperPower will not be liable for any direct loss or damage caused to any part of the building on which the System is being installed. The term ‘part of the building’ for the purposes of these terms includes (but is not limited to) cracked roof tiles, dented roofs, and cracked internal plaster resulting from the system installation.
e) If SuperPower is found to be liable for any loss or damage incurred by or caused to the Buyer despite sub-clause (e), SuperPower’s liability in respect of such claims arising will be limited to a maximum $30,000NZD for all claims.
Warranty and Liability Limitation. All access and use of the Port is provided or performed on an "AS IS", “AS AVAILABLE” basis, and Customer’s use of the Port is solely at its own risk. Equinix does not make, and hereby disclaims: (i) all express warranties, including but not limited to any warranty that the services provided hereunder will be uninterrupted, error-free, or completely secure; and (ii) any and all implied warranties, including the implied warranties of merchantability or satisfactory quality, fitness for a particular purpose and non-infringement of a third party’s intellectual property rights. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, EQUINIX'S TOTAL LIABILITY TO CUSTOMER IN THE AGGREGATE FOR THE ENTIRE TERM (AND REGARDLESS OF WHETHER THE CLAIMS ARE BROUGHT DURING OR AFTER THE TERM) WITH RESPECT TO ALL CLAIMS AND CAUSES OF ACTION ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY AND INCLUDING ATTORNEY’S FEES) WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER TO EQUINIX FOR SERVICES PROVIDED HEREUNDER OR TEN THOUSAND ($10,000) DOLLARS, WHICHEVER IS LESS. IN NO EVENT WILL EITHER EQUINIX OR THE CUSTOMER BE LIABLE TO THE OTHER PARTY FOR (I) LOST PROFITS; (II) LOSS OF BUSINESS; (III) LOSS OF REVENUES (EXCEPT THAT CUSTOMER SHALL BE LIABLE FOR ANY SERVICE FEES OR OTHER AMOUNTS OWED TO EQUINIX UNDER THIS ORDER);
Warranty and Liability Limitation. Seller warrants the products manufactured by it, or by an affiliated company and sold by it, to be free from defects of materials or workmanship under normal proper use and service. The period of warranty coverage is specified in Seller’s standard limited warranty for each product, but shall not be less than one (1) year from the date of shipment by Seller. Items expendable in normal use, including but not limited to, seals, gaskets, filters and sensors, are not covered by this warranty. Seller’s liability under this warranty is limited to such of the above products or parts thereof as are returned, transportation prepaid, to Seller’s plant, not later than thirty (30) days after the expiration of the period of warranty coverage in respect thereof and are found by Seller’s examinations to have failed to function properly because of defective workmanship or materials and not because of improper installation or misuse and is limited to, at Seller’s election, either (a) repairing and returning the product or part thereof, or (b) furnishing a replacement product or part thereof, transportation prepaid by Seller in either case. In the event Buyer discovers or learns that a product does not conform to the foregoing warranty, Buyer shall immediately notify Seller in writing of such breach, specifying in reasonable detail the nature of such breach. If Seller does not provide such written notification, Seller shall not be liable for any further damages which could have been avoided if Seller had been provided with immediate written notification. THIS WARRANTY IS MADE AND ACCEPTED IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY AND NONINFRINGEMENT, WHICH WARRANTIES ARE EXPRESSLY DISCLAIMED, AS BUYER’S EXCLUSIVE REMEDY FOR ANY DEFECTS IN THE PRODUCTS TO BE SOLD HEREUNDER. THE REMEDIES SET FORTH IN THIS SECTION REPRESENT BUYER’S SOLE AND EXCLUSIVE REMEDIES FOR ANY SELLER’S BREACH OF WARRANTY. All other obligations and liabilities of Seller, whether in contract or tort (including negligence) or otherwise, are expressly EXCLUDED. In no event shall Seller be liable for any costs, expenses or damages, whether direct or indirect, special, punitive, incidental, consequential, including but not limited to loss of profits or revenue, or other, on any claim of any defective product, in excess of the price paid by Buyer for the product plus return transportation charges prepaid. No warranty i...
Warranty and Liability Limitation. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 12 (INDEMNIFICATION) OF THIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR CONNECTED WITH OR RESULTING FROM THE MANUFACTURE, SALE, DELIVERY, RESALE, REPAIR, REPLACEMENT, OR USE OF ANY PRODUCTS OR THE FURNISHING OF ANY SERVICE OR PART THEREOF, WHETHER SUCH LIABILITY IS BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SUCH PARTY HAD BEEN WARNED OF THE POSSIBILITY OF ANY SUCH DAMAGES. In the event ADNAS supplies to DG substandard product whether knowingly or unknowingly, then DG will not be restricted by this clause. However, should DG brings a frivolous lawsuit and does not prevail then DG shall be responsible for reimbursing ADNAS for any and all costs incurred, including but not limited to attorneys fees, Product authentication fees, production costs and any other costs or expenses incurred as a result of DG’s exercise of this clause.
Warranty and Liability Limitation. Other than the express warranties made in Article IV and elsewhere in this agreement Memry makes no warranty or representation, express or implied, by operation of law or otherwise, as to the merchantability or fitness for a particular purpose of the goods sold hereunder. Customer acknowledges that it alone has determined that the goods purchased hereunder will suitably meet the requirement of their intended use.
Warranty and Liability Limitation. OTHER THAN THE EXPRESS WARRANTIES MADE IN ARTICLE II AND ELSEWHERE IN THIS AGREEMENT SUPPLIER MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE GOODS SOLD HEREUNDER. CUSTOMER ACKNOWLEDGES THAT IT ALONE HAS DETERMINED THAT THE GOODS PURCHASED HEREUNDER WILL SUITABLY MEET THE REQUIREMENT OF THEIR INTENDED USE.
Warranty and Liability Limitation. Seller warrants the products manufactured by it, or by an affiliated company and sold by it, to be free from defects of materials or workmanship under normal proper use and service. The period of warranty coverage is specified in Seller’s printed price list but shall be one (1) year from the date of shipment by Seller. Items expendable in normal use, including but not limited to, crystals, filters, and filaments, are not covered by this warranty. Seller’s liability under this warranty is limited to such of the above products or parts thereof as are returned, transportation prepaid, to Seller’s plant, not later than thirty
Warranty and Liability Limitation. Other than the express warranties made in Article IV and elsewhere in this agreement Memry makes no warranty or representation, express or implied, by operation of law or otherwise, as to the merchantability or fitness for a particular purpose of the goods sold hereunder. Customer acknowledges that it alone has determined that the goods purchased hereunder will suitably meet the requirement of their intended use. It is expressly understood that any technical advice furnished by Memry with respect to the use of its goods or services is given without charge, and Customer assumes no obligation or liability for the advice given or results obtained, all such advice being given and accepted at Customer’s risk. Except as set forth in Sections 4.1 and 5.1 should Memry breach any express warranties made herein Customer’s only remedy and Memry’s only obligation shall be the replacement or repair by Memry of such non conforming goods F.O.B. Memry’s plant, or the refund of the price paid for such defective goods, at Memry’s option. Memry will not be liable for consequential, incidental or any damages other than repair or replacement of defective goods or refund of the purchase price paid for such defective goods, at Memry’s option.
