Common use of Warranty Disclaimer and Limitations Clause in Contracts

Warranty Disclaimer and Limitations. EXCEPT AND TO THE EXTENT EXPRESSLY SET FORTH ABOVE THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND GLOBAL EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED HEREIN. EXCEPT AND TO THE EXTENT EXPRESSLY SET FORTH ABOVE, THE PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, AND GLOBAL MAKES NO ADDITIONAL WARRANTIES, EXPRESS, IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY, AS TO THE PRODUCTS OR ANY MATTER WHATSOEVER. THIS IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY MADE BY GLOBAL. THE AGENTS, EMPLOYEES, DISTRIBUTORS, AND DEALERS OF GLOBAL ARE NOT AUTHORIZED TO MAKE MODIFICATIONS TO THIS LIMITED WARRANTY, OR MAKE ADDITIONAL WARRANTIES BINDING ON GLOBAL. ACCORDINGLY, ADDITIONAL STATEMENTS SUCH AS DEALER ADVERTISING OR PRESENTATION, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY GLOBAL AND SHOULD NOT BE RELIED UPON. GLOBAL DOES NOT WARRANT THAT THE PRODUCTS WILL OPERATE WITHOUT FAILURE, OR THAT THE PRODUCTS WILL MEET YOUR NEEDS OR EXPECTATIONS. NOT ALL JURISDICTIONS ALLOW SUCH WARRANTY LIMITATIONS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Warranty Disclaimer and Limitations. EXCEPT THE WARRANTIES STATED HEREIN ARE IN LIEU OF ALL CONDITIONS AND TO THE EXTENT EXPRESSLY SET FORTH ABOVE THERE ARE NO WARRANTIES, EXPRESS EXPRESSED, IMPLIED, OR IMPLIEDSTATUTORY, INCLUDING BUT NOT LIMITED TO, TO ANY IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ON THE PART OF COMMUNITY AND GLOBAL EXPRESSLY DISCLAIMS ITS AFFILIATES, SUPPLIERS, DISTRIBUTORS OR AUTHORIZED DEALERS. ALL IMPLIED OR STATUTORY CONDITIONS AND WARRANTIES NOT STATED HEREIN. EXCEPT AND TO THE EXTENT EXPRESSLY THAT THEY CANNOT BE EXCLUDED ARE LIMITED AS SET FORTH ABOVEHEREIN. IF THE PRODUCT IS DEFECTIVE IN MATERIALS OR WORKMANSHIP, THE PRODUCTS ARE ORIGINAL PURCHASER'S SOLE AND EXCLUSIVE REMEDY SHALL BE THE REPAIR OR REPLACEMENT AS PROVIDED ON AN “AS IS” BASIS, AND GLOBAL MAKES NO ADDITIONAL WARRANTIES, EXPRESS, IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY, AS ABOVE. EXCEPT TO THE PRODUCTS OR ANY MATTER WHATSOEVER. THIS IS A LIMITED WARRANTY EXTENT PROHIBITED BY LAW, COMMUNITY AND IS THE ONLY WARRANTY MADE BY GLOBAL. THE AGENTSITS AFFILIATES, EMPLOYEESSUPPLIERS, DISTRIBUTORS, AND AUTHORIZED DEALERS SHALL NOT BE LIABLE FOR ANY DAMAGES INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF GLOBAL USE, LOSS OF PROFITS OR INTERRUPTION OF BUSINESS, WHETHER SUCH ALLEGED DAMAGES ARE NOT AUTHORIZED TO MAKE MODIFICATIONS TO THIS LIMITED BASED ON WARRANTY, CONDITION, TORT OR MAKE ADDITIONAL WARRANTIES BINDING ON GLOBALCONTRACT (EVEN IN THE NATURE OF BREACH OF FUNDAMENTAL TERM) EXCEPT TO THE EXTENT PROHIBITED BY LAW. ACCORDINGLY, ADDITIONAL STATEMENTS SUCH AS DEALER ADVERTISING OR PRESENTATION, WHETHER ORAL OR WRITTEN, THIS IS THE EXCLUSIVE WRITTEN LIMITED WARRANTY TO THE ORIGINAL PURCHASER. SOME STATES DO NOT CONSTITUTE ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES BY GLOBAL AND SHOULD NOT BE RELIED UPON. GLOBAL DOES NOT WARRANT THAT THE PRODUCTS WILL OPERATE WITHOUT FAILUREOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THAT THE PRODUCTS WILL MEET YOUR NEEDS OR EXPECTATIONS. NOT ALL JURISDICTIONS ALLOW SUCH WARRANTY LIMITATIONS SO THE FOREGOING ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Warranty Disclaimer and Limitations. EXCEPT AND TO THE EXTENT EXPRESSLY SET FORTH ABOVE THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND GLOBAL ULTRA PRODUCTS EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED HEREIN. EXCEPT AND TO THE EXTENT EXPRESSLY SET FORTH ABOVE, THE PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, AND GLOBAL ULTRA PRODUCTS MAKES NO ADDITIONAL WARRANTIES, EXPRESS, IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY, AS TO THE PRODUCTS OR ANY MATTER WHATSOEVER. THIS IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY MADE BY GLOBALULTRA PRODUCTS. THE AGENTS, EMPLOYEES, DISTRIBUTORS, AND DEALERS OF GLOBAL ULTRA PRODUCTS ARE NOT AUTHORIZED TO MAKE MODIFICATIONS TO THIS LIMITED WARRANTY, OR MAKE ADDITIONAL WARRANTIES BINDING ON GLOBALULTRA PRODUCTS. ACCORDINGLY, ADDITIONAL STATEMENTS SUCH AS DEALER ADVERTISING OR PRESENTATION, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY GLOBAL ULTRA PRODUCTS AND SHOULD NOT BE RELIED UPON. GLOBAL ULTRA PRODUCTS DOES NOT WARRANT THAT THE PRODUCTS WILL OPERATE WITHOUT FAILURE, OR THAT THE PRODUCTS WILL MEET YOUR NEEDS OR EXPECTATIONS. NOT ALL JURISDICTIONS ALLOW SUCH WARRANTY LIMITATIONS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

Warranty Disclaimer and Limitations. EXCEPT AND TO THE EXTENT AS EXPRESSLY SET FORTH ABOVE THERE IN SECTION 7.1, SECTION 7.2, AND SECTION 7.3, THE SERVICE, THE PLATFORM, THE WEBSITE, ANY BETA FEATURES, ANY FREE PRODUCTS, THEIR COMPONENTS, THE DOCUMENTATION, THE SUPPORT SERVICES, ANY OTHER MATERIALS PROVIDED HEREUNDER ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND STITCH AND ITS LICENSORS MAKE NO WARRANTIES, EXPRESS OR WHETHER EXPRESSED, IMPLIED, INCLUDING BUT NOT LIMITED TOOR STATUTORY REGARDING OR RELATING TO THE SERVICE, THE PLATFORM, THE WEBSITE, ANY BETA FEATURES, ANY FREE PRODUCTS, THEIR COMPONENTS, THE DOCUMENTATION, THE SUPPORT SERVICES, AND ANY OTHER MATERIALS FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, STITCH AND ITS LICENSORS SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND GLOBAL EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED HEREIN. EXCEPT AND NON-INFRINGEMENT WITH RESPECT TO THE EXTENT EXPRESSLY SET FORTH ABOVEPLATFORM, THE PRODUCTS ARE PROVIDED ON AN “AS IS” BASISDOCUMENTATION, AND GLOBAL MAKES NO ADDITIONAL WARRANTIESSERVICES PROVIDED BY STITCH HEREUNDER, EXPRESSAND WITH RESPECT TO THE USE OF THE FOREGOING, IMPLIED, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. FURTHER, OR STATUTORY, AS TO THE PRODUCTS OR ANY MATTER WHATSOEVER. THIS IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY MADE BY GLOBAL. THE AGENTS, EMPLOYEES, DISTRIBUTORS, AND DEALERS OF GLOBAL ARE NOT AUTHORIZED TO MAKE MODIFICATIONS TO THIS LIMITED WARRANTY, OR MAKE ADDITIONAL WARRANTIES BINDING ON GLOBAL. ACCORDINGLY, ADDITIONAL STATEMENTS SUCH AS DEALER ADVERTISING OR PRESENTATION, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY GLOBAL AND SHOULD NOT BE RELIED UPON. GLOBAL STITCH DOES NOT WARRANT THAT THE PRODUCTS WILL OPERATE WITHOUT FAILURE, RESULTS OF USE OR THAT THE PRODUCTS PLATFORM WILL BE ERROR-FREE OR THAT THE CUSTOMER’S USE OF THE PLATFORM WILL BE UNINTERRUPTED. TO THE EXTENT THAT EITHER PARTY MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. WITHOUT LIMITING THE FOREGOING, NEITHER STITCH, STITCH’S AFFILIATES, NOR STITCH’S LICENSORS WARRANT THAT THE CONTENT YOU RECEIVE THROUGH THE SERVICE, THE BETA FEATURES, THE FREE PRODUCTS, THE PLATFORM AND/OR THE WEBSITE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE, THE BETA FEATURES, THE FREE PRODUCTS, THE PLATFORM AND/OR THE WEBSITE WILL MEET YOUR NEEDS REQUIREMENTS; THAT THE SERVICE, THE BETA FEATURES, THE FREE PRODUCTS, THE PLATFORM AND/OR EXPECTATIONSTHE WEBSITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE, THE BETA FEATURES, THE FREE PRODUCTS, THE PLATFORM AND/OR THE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, THE BETA FEATURES, THE FREE PRODUCTS, THE PLATFORM OR THE WEBSITE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR SYSTEMS OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE, THE BETA FEATURES, THE FREE PRODUCTS, THE PLATFORM OR THE WEBSITE. STITCH USES A THIRD-PARTY DATA CENTER TO HOST THE PLATFORM. CUSTOMER ACKNOWLEDGES THAT STITCH DOES NOT ALL JURISDICTIONS ALLOW CONTROL THE TRANSFER OF DATA OVER SUCH WARRANTY LIMITATIONS SO THIRD-PARTY FACILITIES, INCLUDING THE FOREGOING LIMITATIONS INTERNET, AND THAT THE PLATFORM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH THIRD-PARTY FACILITIES. STITCH IS NOT APPLY TO YOURESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.