Warranty and Limits of Liability. Grantor warrants that, as of the date of delivery of Software to User, the Software shall conform to the relevant System documentation. This warranty shall cease upon the date when the System incorporating the Software is first placed in service by User. With the view of supporting Software operation after that date, Grantor's sole obligation shall be to provide or cause to be provided, without charge to User during the period of one (1) year from the System in-service date, or of fourteen (14) months from the date of delivery of the Software to User, whichever period first expires, technical assistance service upon the conditions stated in the relevant System documentation, with the objective of diagnosing and correcting errors in Software. Neither Grantor nor Grantor's licensor shall be liable for any claims, injuries or damages, direct. indirect or consequential, arising from the use of, or the inability to use, the Software. Grantor disclaims all warranties including those of merchantability or fitness for use except as specifically set forth herein.
Warranty and Limits of Liability. Indemnification: You understand that we are providing you with this Service for which you expressly agree to indemnify and hold us, our parent corporation, affiliates and subsidiaries, together with all officers, directors, employees, agents and authorized independent electrical contractors harmless from and against any and all liability for claims, loss, damage to any personal or real property or injury (including emotional) or death to any persons, unless such loss, damage, injury or death is the direct result of our gross negligence. Warranty for repair or installation services: We warrant that installation and repairs performed by our authorized independent electrical contractor for Covered Services will be free from defects in installation materials and workmanship for 12 months from the date the installation or repair work is completed. In the event that any installation or repair work performed relating to a Covered Service is found to be defective in either installation materials or workmanship within the 12 months from the date of installation or repair, we may, in our sole discretion, repair or replace such defective items or work. The repair or replacement of such defective items is your sole and exclusive remedy under this warranty, and we expressly disclaim any and all other warranties including any warranties of merchantability or fitness for a particular purpose, whether expressed or implied. Warranty for equipment: For all equipment or parts provided by you, you assume sole responsibility for any warranty action, and we make no warranties whatsoever, but hereby assign to you all applicable manufacturers’ warranties, which may vary by manufacturer and are strictly limited per the express terms and conditions as outlined by that manufacturer. Neither we nor any authorized independent electrical contractor will engage in any discussions or exercise any discretion whatsoever in selecting the appropriate equipment for you. All equipment selection is your sole responsibility and choice. All manufacturer instructions and installation guidelines shall be communicated to us, in writing, prior to our commencement of any Covered Service. We expressly disclaim any and all other warranties including any warranties of merchantability or fitness for a particular purpose, whether expressed or implied.
Warranty and Limits of Liability. AFL warrants that it will perform all services in a professional manner, using that degree of care and skill ordinarily exercised by and consistent with the standard in the industry. AFL further warrants that reports will be accurate only for the specific sample(s) provided by CLIENT to AFL for analysis and testing. AFL assumes no responsibility for variations in quality or composition of products not sampled or for conditions beyond the control of AFL. In accepting analytical work, AFL warrants the accuracy of test results for the sample as submitted. THE FOREGOING EXPRESS WARRANTY IS EXCLUSIVE AND IS GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED. AFL DISCLAIMS ANY OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING A WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF MERCHANTABILITY. IN NO EVENT SHALL AFL BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING (BUT NOT LIMITED TO) DAMAGES FOR LOSS OF PROFIT OR GOODWILL REGARDLESS OF
Warranty and Limits of Liability. Seller warrants that at the time of shipment, all goods sold by it shall be free of defects in workmanship and material under normal use and service, provided, however, that the goods are in possession of the Buyer, that the Buyer gives the Seller reasonable written notice of any defects, and that the goods have not been taxed beyond their normal capacity or have not been abused or altered in any way. This warranty extends for a period of three (3) months from the date of shipment if the goods are used in a single shift operation or forty-five (45) days in a multi shift operation. Buyer’s remedy for such breach shall be the replacement by Seller of any parts, FOB destination, without obligation of the Seller for installation of replacement parts. This remedy is expressly agreed by the parties to be the Buyer’s sole and exclusive remedy. In no event shall Seller be liable for loss of use or for any indirect, incidental, or consequential damages, including, but not limited to consequential damages for personal injuries. The parties expressly agree that this disclaimer shall remain in effect in the event that the Buyer’s sole and exclusive remedy fails of its essential purpose. All other warranties, direct or implied, including the implied warranties of merchantability and fitness for particular purpose, are hereby excluded.
Warranty and Limits of Liability. AAL warrants that it will perform all services in a professional manner, using that degree of care and skill ordinarily exercised by and consistent with the standard in the industry. AAL further warrants that reports will be accurate, to the best of AAL’s ability, only for the specific sample(s) provided by CLIENT to AAL for analysis and testing. AAL assumes no responsibility for variations in quality or composition of products not sampled or for conditions beyond the control of AAL. In accepting analytical work, AAL warrants the accuracy of test results to the best of AAL’s ability for the sample as submitted. THE FOREGOING EXPRESS WARRANTY IS EXCLUSIVE AND IS GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED. AAL DISCLAIMS ANY OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING A WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF MERCHANTABILITY. IN NO EVENT SHALL AAL BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING (BUT NOT LIMITED TO) DAMAGES FOR LOSS OF PROFIT OR GOODWILL REGARDLESS OF (A) THE NEGLIGENCE (EITHER SOLE OR CONCURRENT OF AAL) AND (B) WHETHER AAL HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. AAL’s total liability to CLIENT in connection with the work herein covered for any and all injuries, losses, expenses, demands, claims, or damages whatsoever arising out of or in any way related to the work herein covered, from any cause or causes, shall not exceed the amount equal to the lesser of (a) damages suffered by CLIENT as a direct result thereof, or (b) the total amount paid by CLIENT to AAL for the work herein covered. AAL accepts no legal responsibility for the purposes for which you use the test results. Results contained in the test report relate only to the items tested and described in the report. No purchase order or other order for work shall be accepted by AAL which include any conditions that vary from the above described Standard Terms & Conditions, and AAL hereby objects to any conflicting terms contained in any acceptance or order submitted by CLIENT.
