Warranty Limits. A. Kalyn/Xxxxxxx, warrants its trailers to be free from defects in materials and workmanship under normal use, when proper service and maintenance as described in its Service Bulletins and Operation manuals are performed and with loads not exceeding the manufacturer’s rated capacities, for a period of twelve (12) months from the date when these products are delivered to the first purchaser.
Warranty Limits. 16.1. The liability of the Seller is limited as follows:
16.1.1. no breach of the Warranties shall be taken into account by the Seller and the Purchaser for any purposes in respect of which the amount of the damages to which the Purchaser would otherwise be entitled is less than __________ euro [amount in words] (€ __________) [amount in numbers];
16.1.2. the Purchaser is not entitled to recover any damages in respect of any breach or breaches of the Warranties, unless the aggregate amount of damages in respect of such breach or breaches is equal to or exceeds __________ euro [amount in words] (€ __________) [amount in numbers] in which case only the excess over that amount may be recovered by the Purchaser;
16.1.3. the maximum aggregate liability of the Seller in respect of all and any Warranty Claims, except as otherwise agreed in sub-article 6.4., shall not exceed __________ euro [amount in words] (€ __________) [amount in numbers]; and
16.1.4. the Seller shall cease to have any liability under or in respect of the Warranties:
a) on the date which is __________ months after the expiry of the periods allowed for by law for the assessment of the liability of the Seller in respect of the Warranty under the heading “Taxation” of the Annex headed “Warranties”; and
b) in respect of any other Warranties on the date which is __________ months after the Completion Date, except in respect of a claim of which the Purchaser gives specific written notice to the Seller before that relevant date.
16.2. If the Purchaser becomes aware of any matter which in the opinion of the Purchaser is likely to result in a Warranty Breach, the Purchaser shall within 10 Business Days after the Purchaser becomes aware of any such Warranty Claim or facts upon which such Warranty Claim could be based, give written notice containing summary details thereof to the Seller (the “Indemnification Notice”).
16.3. If a third party makes any claim in or out of court against the Purchaser or otherwise in respect of the Business and such claim relates to a fact or event which, whether wholly or partly, also constitutes a Warranty Breach, the Purchaser shall notify the Seller of this within 10 Business Days after the Purchaser becomes aware of any such claim.
16.4. After a notification referred to in sub-article 16.3., the Seller shall have the right to take over the defence in the case that the plaintiff is also a supplier or customer of the Seller’s Group (at the Seller’s discretion), in which ca...
Warranty Limits. The Warranty does not cover incidents and materials related to parts surrounding the Equipment, such as, but not limited to, hydraulic, electrical, electronic parts, hitches, and adaptations that benefit from a separate contractual warranty (see General Terms and Conditions of Sale). The Warranty does not cover defects resulting from normal wear and tear of the Equipment. The Warranty does not cover paint and corrosion defects.
1. Report the problem to the MX Partner Dealer
Warranty Limits. 11. Pensions
12. Completion
13. Policies for preparation of the Completion Accounts
14. Assets
15. Excluded Assets 16. Purchase price adjustment statement 17. Properties
Warranty Limits. 16.1. The liability of the Seller is limited as follows:
16.1.1. no breach of the Warranties shall be taken into account by the Seller and the Purchaser for any purposes in respect of which the amount of the dam- ages to which the Purchaser would otherwise be entitled is less than euro [amount in words] (€ ) [amount in numbers]; (*) Customary period is 7 years from 31 December prior to the Completion Date.
Warranty Limits. Any attempt to replace, refinish or repair the solid wood moldings prior to Xxxxxxx Hardwoods inspection will void this warranty. No distributor, agent, dealer, salesperson, installer, or Xxxxxxx Xxxxxxxxx sales representative is authorized to change or increase the terms of coverage of this warranty. This warranty is in lieu of all other representation, collateral agreements, conditions, or warranties of any kind, whether expressed or implies, including without limitation any condition or warranty as to merchantability, fitness for a particular purpose, durability, quality, condition, suitability or any condition or warranty arising by statute or otherwise in law or equity or from a course of dealing or usage of trade. There are no warranties which extend beyond the face hereof. Under no circumstances shall Xxxxxxx Xxxxxxxxx or its suppliers be liable for any direct, punitive, indirect, commercial, economic, incidental, consequential, or special damages resulting from use or loss of use or the performance or non-performance of Xxxxxxx Xxxxxxxxx solid xxxx molding or from a breach of this warranty, whether such liability is asserted on the basis of contract, tort or otherwise. Xxxxxxx Xxxxxxxxx total liability under this warranty will not exceed the total price paid by the original purchaser of the molding.
Warranty Limits. THE WARRANTIES SET FORTH IN THIS SECTION ARE THE SOLE AND EXCLUSIVE WARRANTIES MADE BY THE PARTIES. THE PARTIES MAKE NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS AND SERVICES OR ANY RELATED SERVICES OR SOFTWARE. WITH THE EXCEPTION OF THE WARRANTIES SPECIFIED IN THIS SECTION 4, THE PARTIES EXPRESSLY DISCLAIM ANY WARRANTIES: (A) OF DESIGN, MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EVEN IF THEY HAVE BEEN INFORMED OF SUCH PURPOSE; OR (B) THAT THEIR SERVICES OR ANY RELATED SERVICES OR SOFTWARE WILL BE ERROR-FREE, SECURE OR WITHOUT INTERRUPTION, (EXCEPT AS SPECIFIED HEREIN).
Warranty Limits. Warranty is void in case of only one condition of previous point is not complied
