Warranty and Limitation of Liability. Pezzottaite Journals and it's licensors disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, non-infringement, or fitness for a particular purpose. Neither Pezzottaite Journals nor it's licensors assume or authorizes any other person to assume for Pezzottaite Journals or it's licensors any other liability in connection with the licensing of the Database (s) or the Services under this Agreement and / or its use thereof by the Licensee and Sites or Authorized Users. UNDER NO CIRCUMSTANCES SHALL THE PUBLISHER BE LIABLE TO THE LICENSEE, OR ANY AUTHORISED USER OR ANY OTHER PERSON, FOR ANY SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE INABILITY TO USE, OR THE USE OF, THE LICENSED MATERIALS. THE PUBLISHER'S AGGREGATE LIABILITY FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF ANY BREACH OF THIS LICENCE SHALL IN NO CIRCUMSTANCES EXCEED THE FEE PAID BY LICENSEE UNDER THIS LICENCE IN RESPECT OF THE SUBSCRIPTION PERIOD DURING WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF OTHER REMEDIES. THE LICENSEE MAY BRING NO ACTION ARISING FROM THIS LICENCE MORE THAN 3 MONTHS AFTER THE CAUSE OF ACTION ARISES.
Warranty and Limitation of Liability. PBI PROVIDES YOU WITH THE LIMITED WARRANTIES IN SECTION 1. PBGFS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FREEDOM FROM INTERFERENCE OR INFRINGEMENT, AND PBGFS ISN’T LIABLE FOR ANY LOSS, DAMAGE (INCLUDING INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) OR EXPENSE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT.
Warranty and Limitation of Liability. Price Pump Company
A. Seller's price is based on these sales terms and conditions. This contract shall represent the final, complete and exclusive statement of the agreement between the parties and may not be modified, supplemented, explained or waived by parol evidence, any Terms and Conditions contained in Buyer's purchase order or request for quotation, any course of dealings between the parties, Seller's performance or delivery, or in any other way. The Terms and Conditions of this contract may only be modified or waived in a written document signed by an Officer of Seller. These terms are intended to cover all activity of Seller and Buyer hereunder, including sales and use of products, parts and work and all related matters (references to products include parts and references to work include construction, installation and start-up). Any reference by Seller to Buyer's specifications and similar requirements are only to describe the products and work covered hereby and no warranties or other terms therein shall have any force of effect. Any information provided by
A. Seller warrants only that its product and parts, when shipped, will be free from defects in materials and workmanship. With respect to products and parts not manufactured by Seller, Seller's only obligation shall be to assign to Buyer, to the extent possible, whatever warranty Seller requires from the manufacturer. All claims for defective products or parts under this warranty must be made in writing immediately upon discovery and, in any event, within one (1) year after initial start-up or eighteen (18) months after shipment, whichever first occurs, and all claims for defective work must be made in writing immediately upon discovery and in any event, within one (1) year of completion thereof by Seller. Defective items must be held for Seller's inspection and returned to the sellers'- point of original shipment upon request. UNAUTHORIZED DISASSEMBLY OR TAMPERING WITH ANY PRODUCT OR COMPONENT MAY VOID ITS WARRANTY.THE FOREGOING IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES WHATSOEVER, Seller including, but not limited to, suggestions as to specific equipment does not imply any guarantee of specific suitability and/or material compatibility in a particular application, since many factors outside the control of Seller may affect the suitability of products in a particular application. Catalogs, circulars, similar pamphlets and information contained on websites of the Seller are issued for gener...
Warranty and Limitation of Liability. 6.1 Licensee expressly acknowledges and agrees that:
6.1.1 LICENSED TECHNOLOGY IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THE USE OF LICENSED TECHNOLOGY IS AT LICENSEE'S SOLE RISK;
6.1.2 LICENSOR EXPRESSLY DISCLAIMS ALL WARRANTIES, ENDORSEMENTS, GUARANTEES, CON- DITIONS AND REPRESENTATIONS WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONDITIONS, ENDORSEMENTS, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF DURABILITY, MERCHANTABILITY, MERCHANTABLEQUALITY, SATISFAC- TORY QUALITY, ACCURACY, TITLE, NON- INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE OR USE, OR ARISING FROM A STATUTE OR CUSTOM OR A COURSE OF DEALING OR USAGE OF TRADE;
6.1.3 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE LICENSEE FROM LICENSOR SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREE- MENT.
6.2 IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, LICENSOR MAKES NO WARRANTY THAT:
6.2.1 LICENSED TECHNOLOGY OR ITS FUNCTIONALITY AND QUALITY WILL MEET THE LICENSEE’S REQUIREMENTS AND EXPECTATIONS;
6.2.2 LICENSED TECHNOLOGY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF DEFICIEN- CIES AND INTERRUPTIONS OR WORK ACCURATELY;
6.2.3 THE RELEVANT LICENSED TECHNOLOGY DOCUMENTATION (INCLUDING ANY MANUALS) IS COMPLETE, ACCURATE AND NOT MISLEADING; OR
6.2.4 ANY DEFICIENCIES AND ERRORS IN LICENSED TECHNOLOGY WILL BE CORRECTED.
6.3 LICENSEE EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, LICENSOR SHALL NOT BE LIABLE FOR ANY DIRECT, IN- DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (I) ARIS- ING OUT OF OR RESULTING FROM THE USE OR THE INABILITY TO USE LICENSED TECHNOLOGY OR
Warranty and Limitation of Liability. 7.1 The Licensor does not warrant that LocalSolver will be error free in all circumstances.
7.2 Except as expressly stated in article 7.1, there are no other warranties, express, implied or statutory provided under this Agreement. All implied warranties, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non infringement are disclaimed.
7.3 The Licensor will only be liable to the Client for direct damages.
7.4 The Licensor does not make any representation or give any warranty to the Client in connection with Licences granted to the Client on a free basis and accordingly, in no event, the Licensor, including the Licensor’s officers or employees, shall incur any liability, in connection with the download and/or the use of LocalSolver by the Client, whether based on an action or claim in contract, tort or otherwise, including but not limited to negligence and strict liability.
7.5 The Licensor does not make any representation or give any warranty to a Client who does not pay the Licence Fees and/or the Services Fees.
Warranty and Limitation of Liability. (a) In relation to the goods we manufacture, to the fullest extent permitted by law, our liability is limited to making good by replacement or repair defects which, under proper use, appear thereon and arise solely from faulty design, material or workmanship within a period of six calendar months after the original goods or equipment have been first despatched, at the termination of which period all liability on our part ceases. For the avoidance of doubt, we are not liable for defects arising out of:
i. A failure by you or your Personnel to properly store any goods or equipment;
ii. A failure by you or your Personnel to use or operate any goods or equipment in strict accordance with any manuals, guidelines or directions given by us, or in the absence of such manuals, guidelines or directions, then in strict accordance with applicable industry standards;
iii. Defects caused by the continued use or operation of the goods or equipment after you or your Personnel have become aware of ought to have become aware of a defect in the goods or equipment;
iv. Defects caused or contributed to by any design, materials or workmanship provided by you or your Personnel; or
v. Any part of the goods or equipment reasonably considered as consumables, intended to be consumed or used up on a regular basis including but not limited to items such as grinding media and ceramic wear items.
(b) In the case of goods or equipment not of our manufacture, you are entitled only to such benefits as given under any manufacturer’s warranty in respect thereof which we are able to assign to you.
(c) Except where expressly prohibited by statute, save as set out sub-clauses (a), (b) and (f) of this clause 16 all expenses or implied warranties relating to quality or fitness for any purpose of the goods is hereby expressly excluded to the fullest extent permitted by law.
(d) Such defects referred to in sub-clauses (a) and (b) of this clause 16 must be notified to us at the address above as soon as any defect is noticed and you must prove to our satisfaction that the goods or equipment in question were manufactured or supplied by us.
(e) Where goods are manufactured by us or supplied to you to your description or specification we shall be under no liability to replace or repair defects arising from faulty design, or for any other claims whatsoever except faulty workmanship or material.
(f) In the event that any Supply is a supply of goods or services to a consumer as defined in AUSTRALIAN COMPET...
Warranty and Limitation of Liability. 12.1. The Supplier warrants that the Supplier is the sole owner and holder of or has and will maintain sufficient rights and interests in, all intellectual property rights in the Service, and that the Supplier has and will maintain the right and authority to grant the Customer the rights defined in this Agreement. This warranty does not extend to any use following notification of possible infringement, use of Service with any other software or data not provided by the Supplier, or for use violating the Terms or agreement.
12.2. The Supplier warrants that it is not subject to sanctions or designated on any list of prohibited or restricted parties and complies with applicable import, sanctions, and export control laws.
12.3. The Customer acknowledges that use of Service grants them access to the proprietary information, intellectual property and databases of the Supplier. The Customer agrees they shall refrain, during their Subscription Term and for one year thereafter, from developing (or having developed for them or from aiding, abetting or supporting the development) of any software or services which compete with the Service. The Customer agrees they shall refrain perpetually from using information, intellectual property or databases available of the Supplier or those generated as derivative data using the Service in the development of any software or services which compete with Service. IN CASE OF BREACH OF THIS SECTION, THE SUPPLIER IS ENTITLED TO A CONTRACTUAL PENALTY OF EUR100,000 PER BREACH AND EUR30,000 PER MONTH THE BREACH CONTINUES AFTER NOTICE, IN ADDITION TO AWARDED DAMAGES.
12.4. By their nature, sustainability assessments are inexact. Available cost and environmental impact information may not represent the realized figures. The Supplier does not warrant accuracy of such calculations, even in case where the data and the Service have been verified.
12.5. Downgrading the Service order by the Customer may cause loss of content, features, or capacity of the Service. The Supplier does not accept any liability for such a loss or damages caused by such a loss.
12.6. THE SUPPLIER IS NOT RESPONSIBLE FOR ANY LOSS OF PROFITS, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SUPPLIER IS NOT RESPONSIBLE FOR INTERNET CONNECTION FAILURES. THE SUPPLIER IS NOT RESPONSIBLE FOR ANY DISADVANTAGES CAUSED BY INCORRECT OR ERRONEOUS INFORMATION PROVIDED BY THE CUSTOMER, OR THE SERVICE NOT FUL...
Warranty and Limitation of Liability. 6.1 C2C PII represents that MBDC owns and has all rights, title, and interest in and to the pending applications and issued registrations for the trade or certification marks that are discretely identified on Schedule 1, and warrants that it has received necessary permission and authorization to otherwise sub-license all Marks owned by MBDC as provided herein, and that the use of the Marks discretely identified on Schedule 1 as licensed herein does not infringe any intellectual property or other third party rights known to C2C PII in the territories in which the Marks are registered. Affixation or use of the Marks in connection with a Certified Product only signals that, in reasonable reliance upon the Licensee’s representations and the findings of the Accredited Assessor, C2C PII has determined that a representative sample of the Certified Product has met the Certification Program criteria.
6.2 LICENSEE COVENANTS, REPRESENTS, AND WARRANTS THAT ALL CERTIFIED PRODUCTS THAT LICENSEE WILL ADVERTISE, MARKET, DISTRIBUTE, OFFER FOR SALE, OR SELL ARE AND SHALL BE SUBSTANTIALLY IDENTICAL TO THE REPRESENTATIVE SAMPLES DISCLOSED TO AUTHORIZED ASSESSORS.
6.3 APART FROM C2C PII’S EXPRESS WARRANTY STATED ABOVE, NEITHER MBDC NOR C2C PII MAKE ANY OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE MARKS. C2C PII OR MBDC MAKE NO WARRANTY OR REPRESENTATION THAT THE CERTIFIED PRODUCTS AS ADVERTISED, OFFERED FOR SALE, OR SOLD MEET THE REQUIREMENTS SET FORTH IN THE CERTIFICATION PROGRAM OR THAT THE USE OF THE CERTIFIED PRODUCTS WILL BE SAFE, ERROR FREE, ACCURATE, OR AS ADVERTISED. C2C PII AND MBDC NEITHER MAKE ANY REPRESENTATION NOR ACCEPT ANY DUTY OR RESPONSIBILITY FOR ANY DESIGN OR TESTING PURSUANT TO THIS AGREEMENT.
6.4 EXCEPT AS OTHERWISE PROVIDED HEREIN, NEITHER C2C PII NOR MBDC NOR ANY PARTY TO THIS AGREEMENT MAKES OR OFFERS ANY OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY MARK, THE CERTIFED PRODUCT, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, OR TRADE. IN NO EVENT SHALL MBDC OR ANY PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, EXPECTATION DAMAGES, LOSS OF PROFITS OR LOSS OF DATA, FOR ANY REASON WHATSOEVER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE, EVEN IF MBDC OR THE PARTY HAS BEEN ...
Warranty and Limitation of Liability. 7.1 LB warrants that:
7.1.1 the Services shall be performed in accordance with Clause 4.1; and [*] Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
7.1.2 the Product shall meet Specification on delivery, save where the Specification is stated to be in draft form when LB shall be obliged only to use its reasonable endeavours to produce Product that meets Specification.
7.2 Clause 7.1 is in lieu of all conditions, warranties and statements in respect of the Services and/or the Product whether expressed or implied by statute, custom of the trade or otherwise (including but without limitation any such condition, warranty or statement relating to the description or quality of the Product, its fitness for a particular purpose or use under any conditions whether or not known to LB) and any such condition, warranty or statement is hereby excluded.
7.3 Without prejudice to the terms of Clauses 5.6, 7.1. 7.2, 7.4 and 7.6, the liability of LB for any loss or damage suffered by the Customer as a direct result of any breach of the Agreement or of any other liability of LB (including misrepresentation and negligence or third party claim brought against Customer relating solely to LB know-how) in respect of the Services (including without limitation the production and/or supply of the Product) shall be limited to the payment by LB of damages which shall not exceed pounds sterling nine hundred and nineteen thousand and five hundred (£919,500).
7.4 Subject to Clause 7.6, LB shall not be liable for the following loss or damage howsoever caused (even if foreseeable or in the contemplation of LB or the Customer):
7.4.1 loss of profits, business or revenue whether suffered by the Customer or any other person; or
7.4.2 special, indirect or consequential loss, whether suffered by the Customer or any other person; and
7.4.3 any loss arising from any claim made against the Customer by any other person.
7.5 Provided that LB gives Customer prompt written notice and full particulars of any claim, tenders to Customer, full control of any defense or settlement, and co-operate fully with Customer, the Customer shall indemnify and maintain LB promptly indemnified against all claims, actions, costs, expenses of any nature (including court costs and legal fees on a full indemnity basis) or other liabilities whatsoever in respect of the following...
Warranty and Limitation of Liability. 6.1 This Agreement and all inspection reports executed under this Agreement shall not form a part of any warranty for the Project.
6.2 WBAC warrants that its work will be performed in a good and workmanlike manner and in a manner consistent with industry standards. WBAC warrants that its inspection is good for 30 days after the last date of each inspection occurrence; provided, however, that Client understands and agrees that any inspection results relate only to conditions observed at the time the inspection takes place, and may not be relied upon if and to the extent that there are subsequent material changes in circumstances that affect the Systems or the Systems are otherwise modified or damaged after the inspection is completed. EXCEPT AS SET FORTH IN THIS SECTION 8.2, WBAC MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE.
6.3 Limitation of Liability. IN NO EVENT SHALL WBAC BE LIABLE TO CLIENT OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL WBAC’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO WBAC FOR THE PROJECT PURSUANT TO THIS AGREEMENT.
