WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY. POWER GRIDS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES PROVIDED BY POWER GRIDS INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, AND POWER GRIDS EXPRESSLY DISCLAIMS ANY SUCH WARRANTIES. CLIENT ACKNOWLEDGES AND AGREES THAT THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE NOT CONSIDERED ACCOUNTING SERVICES. UNDER NO CIRCUMSTANCES SHALL POWER GRIDS BE LIABLE IN ANY AMOUNT FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, LOSS OF GOODWILL OR BUSINESS PROFITS, WORK STOPPAGE, DATA LOSS, COMPUTER FAILURE OR MALFUNCTION, OR EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER ARISING, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL POWER GRIDS BE LIABLE FOR AN AMOUNT OF DAMAGES IN EXCESS OF THE FEES PAID OR PAYABLE BY CLIENT TO POWER GRIDS FOR THE SERVICES TO WHICH THE CLAIM RELATES.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY. BWS Manufacturing Ltd. and the authorized dealer offer no other warranties – expressed or implied. It is agreed that neither BWS, nor the dealer shall be liable for any incidental or consequential damages (including, but not limited to the loss of income, damage to vehicle(s) / equipment, attachments, trucks and cargo, towing expenses, attorney’s fees, and the liability you may have in respect to any other person / party).
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY. 109. The Lucindale Lions Club Inc. will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if they have been advised of the possibility of such damages. The Lucindale Lions Club Inc. make no express or implied representations with respect to the Program or any products sold and/or offered on our Website. In addition, the Lucindale Lions Club Inc. make no representation that the operation of their Website will be uninterrupted or error-free, and the Lucindale Lions Club Inc. will not be liable for the consequences of any interruptions or errors.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY. Except for the above warranty, Kenworth Truck Company and the selling Kenworth Dealer make no other warranties, express or implied, and make NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. It is agreed that Kenworth Truck Company and the selling Kenworth Dealer shall not be liable for incidental or consequential damages including, but not limited to: loss of income; damage to vehicle, attachments, trailers and cargo; attorney's fees and any liability you may have in respect to any other person.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY. Your access to and use of the Sites or any Content is at your own risk. THE SITES ARE AVAILABLE “AS IS”: YOU UNDERSTAND AND AGREE THAT THE SITES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, XX.XXX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. XX.XXX makes no representations or warranties of any kind with respect to the Sites, including any representation or warranty that the use of the Sites will (a) be timely, uninterrupted or error- free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. XX.XXX also makes no representations or warranties of any kind with respect to Content; user Content, in particular, is provided by and is solely the responsibility of the users providing that Content. No advice or information, whether oral or written, obtained from XX.XXX or through the Sites, will create any warranty not expressly made herein.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY. 12.1. EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT, THE PARTIES MAKE NO EXPRESS REPRESENTATIONS AND GRANT NO WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, BY STATUTE OR OTHERWISE. Each Party specifically disclaims reliance on any representations or warranties not embodied in this Agreement.
12.2. Any warranty made by Assertio or any of the Purdue Entities or their respective Associated Companies to their customers or other Third Parties will be the sole responsibility of that Party making the warranty, and will not bind the other Party or be deemed or treated as having been made by any other Party.
12.3. NO PARTY SHALL BE LIABLE TO ANY OTHER PARTY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DAMAGE OR INJURY TO BUSINESS EARNINGS, PROFITS OR GOODWILL SUFFERED BY ANY PERSON OR ENTITY, EVEN IF IT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY. Except for the above warranty, Midland makes no other express warranties and HEREBY EXCLUDES ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. IT IS AGREED THAT MIDLAND SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY including, but not limited to, loss of income, damage to vehicle, attachments, trucks or cargo, towing expenses, or injury to or death of persons. No person is authorized to give any warranties or to assume any other liability on Midland’s behalf unless made and assumed in writing by Xxxxxxx and signed by an officer of Midland.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY. Your access to and use of the Sites or any Content is at your own risk.
a) THE SITES ARE AVAILABLE “AS IS”: YOU UNDERSTAND AND AGREE THAT THE SITES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, Company DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
b) Company makes no representations or warranties of any kind with respect to the Sites, including any representation or warranty that the use of the Sites will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, Platform, system or data, (b) meet your requirements or expectations,
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY. We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed INR 2,000. We make no express or implied warranties or representations with respect to the Program or any products sold and offered in our quotations or website(including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You understand and agree that your use of this site is at your own risk. You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Sync Solutions. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner. Failure of the Sync Solutions to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY. Your sole and exclusive remedy against ECS arising from your purchase and use of the equipment manufactured by ECS is limited to the repair or replacement of defective materials or workmanship. Within the warranty period, ECS will replace or repair any parts built and manufactured by ECS that have failed under normal use subject to the restrictions and conditions listed herein. Unless otherwise stated specifically herein, ECS will not be responsible for shipping or handling on parts returned pursuant to this warranty. All parts returned for warranty replacement or repairs must be returned within thirty (30) days of failure, have the proper serial number and have a RMA number attached. ECS is only obligated to perform repair(s) or replacement(s) of defective material and/or workmanship pursuant to this warranty at an ECS facility or another place designated by ECS. No warranty will be honored by ECS when, in the sole opinion of ECS, there is loss or damage resulting from any cause beyond the control of ECS, including, but not limited to, abuse, neglect, alterations or modifications, an accident, unauthorized repairs or attempted repairs, improper installation, use of the equipment in a sea water or salt water application, or damages resulting from acts of God or governments, floods or fires, or other parties, specifically including, but not limited, to purchaser. ECS will not be responsible for failures of any kind due to: (1) ph levels that vary outside normal limits or (2) abnormal water density in any application. All warranties as stated herein will be null and void upon failure of any kind that is determined by ECS to have been caused by lack of routine maintenance and/or proper fluid changes as required by the operator’s manual and the specifications of the original equipment manufacturer. All warranties stated herein will be null and void upon any failure due to or resulting from foreign objects coming in contact with any ECS equipment. All serial numbers shall remain intact and together as recorded and coordinated by ECS. All parts replaced during the warranty period shall be purchased from ECS and shall be the correct part for the correct model. ECS shall not be liable for any damage caused by corrosion, amoeba or bacteria to any material, part, or workmanship during the warranty period or any other time. This warranty is subject to any existing conditions of supply which may directly affect the ability of ECS to obtain materials or manufacture rep...