Common use of Warranty; Limitation of Liability Clause in Contracts

Warranty; Limitation of Liability. EXCEPT FOR THE WARRANTIES PROVIDED IN THIS ARTICLE 9, ENGIE SERVICES U.S. MAKES NO WARRANTIES IN CONNECTION WITH THE WORK PROVIDED UNDER THIS CONTRACT, WHETHER EXPRESS OR IMPLIED IN LAW, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES AGAINST INTELLECTUAL PROPERTY INFRINGEMENT. District WILL HAVE NO REMEDIES AGAINST EITHER ENGIE SERVICES U.S. OR ANY ENGIE SERVICES U.S. SUBCONTRACTOR OR VENDOR FOR ANY DEFECTIVE MATERIALS OR EQUIPMENT INSTALLED, EXCEPT FOR THE REPAIR OR REPLACEMENT OF SUCH MATERIALS OR EQUIPMENT IN ACCORDANCE WITH THE WARRANTIES INDICATED BELOW. SPECIFICALLY, NEITHER ENGIE SERVICES U.S., NOR ENGIE SERVICES U.S.’s SUBCONTRACTORS OR VENDORS, NOR DISTRICT WILL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY.

Warranty; Limitation of Liability. EXCEPT FOR THE WARRANTIES PROVIDED IN THIS ARTICLE 9, ENGIE SERVICES U.S. MAKES NO WARRANTIES IN CONNECTION WITH THE WORK PROVIDED UNDER THIS CONTRACT, WHETHER EXPRESS OR IMPLIED IN LAW, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES AGAINST INTELLECTUAL PROPERTY INFRINGEMENT. District WILL HAVE NO REMEDIES AGAINST EITHER ENGIE SERVICES U.S. OR ANY ENGIE SERVICES U.S. SUBCONTRACTOR OR VENDOR FOR ANY DEFECTIVE MATERIALS OR EQUIPMENT INSTALLED, EXCEPT FOR THE REPAIR OR REPLACEMENT OF SUCH MATERIALS OR EQUIPMENT IN ACCORDANCE WITH THE WARRANTIES INDICATED BELOW. SPECIFICALLY, NEITHER ENGIE SERVICES U.S., NOR ENGIE SERVICES U.S.’s SUBCONTRACTORS OR VENDORS, NOR DISTRICT WILL BE LIABLE TO THE OTHER District FOR LOSS OF PROFITS OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY.

Warranty; Limitation of Liability. PARTS SOLD AND EXCHANGED BY AMS TO BUYER ARE SOLD AND EXCHANGED WITHOUT ANY GUARANTEE OR WARRANTY WHATSOEVER BY AMS EXCEPT FOR THE WARRANTIES PROVIDED IN THIS ARTICLE 9THAT AMS WARRANTS THAT IT HAS GOOD TITLE. ALL PARTS ARE SOLD AND EXCHANGED “AS IS” BY AMS, ENGIE SERVICES U.S. MAKES NO WARRANTIES IN CONNECTION WITH THE WORK PROVIDED UNDER THIS CONTRACTAND AMS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS EXPRESSED OR IMPLIED IN LAWIMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, NOR DOES AMS REPRESENT THAT THE PARTS ARE SUITABLE FOR USE IN ANY IMPLIED WARRANTIES AGAINST INTELLECTUAL PROPERTY INFRINGEMENTCAPACITY. District WILL HAVE NO REMEDIES AGAINST EITHER ENGIE SERVICES U.S. OR ANY ENGIE SERVICES U.S. SUBCONTRACTOR OR VENDOR THE LIMIT OF AMS’ LIABILITY FOR ANY DEFECTIVE MATERIALS CLAIMED DEFECT IN ANY PARTS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR EQUIPMENT INSTALLED, EXCEPT OTHER FORM OF ACTION THAT ARISES SHALL BE THE PURCHASE PRICE PAID BY BUYER TO AMS FOR THE REPAIR OR REPLACEMENT OF SUCH MATERIALS OR EQUIPMENT PART(S) AND IN ACCORDANCE WITH THE WARRANTIES INDICATED BELOW. SPECIFICALLY, NEITHER ENGIE SERVICES U.S., NOR ENGIE SERVICES U.S.’s SUBCONTRACTORS OR VENDORS, NOR DISTRICT WILL NO EVENT SHALL AMS BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR FOR ANY SPECIAL, INDIRECTINDIRECT OR CONSEQUENTIAL DAMAGES. WITHOUT LIMITING THE FOREGOING, INCIDENTALAMS AGREES TO USE ALL REASONABLE EFFORTS TO CONFER UPON CUSTOMER ALL PASS THROUGH WARRANTIES, CONSEQUENTIAL IF ANY, FROM THE MANUFACTURER, SUPPLIER, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND ON ANY THEORY MAINTENANCE FACILITY OF LIABILITYSUCH PARTS.

Warranty; Limitation of Liability. PARTS SOLD AND EXCHANGED BY AMS TO BUYER ARE SOLD AND EXCHANGED WITHOUT ANY GUARANTEE OR WARRANTY WHATSOEVER BY AMS EXCEPT FOR THE WARRANTIES PROVIDED IN THIS ARTICLE 9THAT AMS WARRANTS THAT IT HAS GOOD TITLE. ALL PARTS ARE SOLD AND EXCHANGED “AS IS”, ENGIE SERVICES U.S. MAKES NO WARRANTIES IN CONNECTION WITH THE WORK PROVIDED UNDER THIS CONTRACTBY AMS AND AMS EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS EXPRESSED OR IMPLIED IN LAWIMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE AND PURPOSE, NOR DOES AMS REPRESENT THAT THE PARTS ARE SUITABLE FOR USE IN ANY IMPLIED WARRANTIES AGAINST INTELLECTUAL PROPERTY INFRINGEMENTCAPACITY. District WILL HAVE NO REMEDIES AGAINST EITHER ENGIE SERVICES U.S. OR ANY ENGIE SERVICES U.S. SUBCONTRACTOR OR VENDOR THE LIMIT OF AMS’ LIABILITY FOR ANY DEFECTIVE MATERIALS CLAIMED DEFECT IN ANY PARTS, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR EQUIPMENT INSTALLED, EXCEPT OTHER FORM OF ACTION THAT ARISES SHALL BE THE PURCHASE PRICE PAID BY BUYER TO AMS FOR THE REPAIR OR REPLACEMENT OF SUCH MATERIALS OR EQUIPMENT PART(S) AND IN ACCORDANCE WITH THE WARRANTIES INDICATED BELOW. SPECIFICALLY, NEITHER ENGIE SERVICES U.S., NOR ENGIE SERVICES U.S.’s SUBCONTRACTORS OR VENDORS, NOR DISTRICT WILL NO EVENT SHALL AMS BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR FOR ANY SPECIAL, INDIRECTINDIRECT OR CONSEQUENTIAL DAMAGES. WITHOUT LIMITING THE FOREGOING, INCIDENTALAMS AGREES TO USE ALL REASONABLE EFFORTS TO CONFER UPON CUSTOMER ALL PASS THROUGH WARRANTIES, CONSEQUENTIAL IF ANY, FROM THE MANUFACTURER, SUPPLIER, OR PUNITIVE DAMAGES, HOWEVER CAUSED AND ON ANY THEORY MAINTENANCE FACILITY OF LIABILITYSUCH PARTS.