Common use of WARRANTY; INDEMNITY AND LIMITATION OF LIABILITY Clause in Contracts

WARRANTY; INDEMNITY AND LIMITATION OF LIABILITY. 10.1 Weyerhaeuser warrants to Domtar that Weyerhaeuser has good, clear and unencumbered title to the chips sold hereunder and has the full lawful right to sell said chips. Weyerhaeuser further warrants that each delivery of chips shall meet the specifications contained in Exhibit “A”. Weyerhaeuser’s obligation under this warranty is limited to the replacement of the defective portion of the shipment with chips that meet the specifications set forth in Exhibit “A”. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING MERCHANTABILITY, AND ALL OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF WEYEHAEUSER’S FAILURE TO MEET SAID SPECIFICATIONS, INCLUDING LIABILITIES ARISING FROM CLAIMS OF CONTRACT OR TORT.

WARRANTY; INDEMNITY AND LIMITATION OF LIABILITY. 10.1 Weyerhaeuser warrants to Domtar that Weyerhaeuser has good, clear and unencumbered title to the chips sold hereunder and has the full lawful right to sell said chips. Weyerhaeuser further warrants that each delivery of chips shall meet the specifications contained in Exhibit “A”. Weyerhaeuser’s obligation under this warranty is limited to the replacement a reduction of the defective portion of price (to be mutually agreed upon by the shipment with chips that parties) to reflect the failure to meet the specifications set forth in Exhibit “A”such specifications. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING MERCHANTABILITY, AND ALL OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF WEYEHAEUSER’S FAILURE TO MEET SAID SPECIFICATIONS, INCLUDING LIABILITIES ARISING FROM CLAIMS OF CONTRACT OR TORT.