Common use of WARRANTY LIMITS AND DISCLAIMER Clause in Contracts

WARRANTY LIMITS AND DISCLAIMER. The terms and conditions set out in the Installment Sale and Security quote between METER Group, Inc. USA and Client regarding warranty limits and disclaimers with respect to the items of Equipment respectively dealt with therein are incorporated herein by reference as if herein set forth at length. Without limiting the generality of the forgoing, METER HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS (INCLUDING BUT NOT LIMITED TO WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), ANY AGREEMENTS, REPRESENTATIONS, AFFIRMATIONS, OR WARRANTIES, WHETHER ORAL OR WRITTEN, MADE BY ANY AGENT, EMPLOYEE, OR REPRESENTATIVE OF METER, UNLESS SPECIFICALLY SET FORTH IN THIS PARAGRAPH OR SPECIFICALLY INCORPORATED HEREIN BY REFERENCE. METER’S LIABILITY FOR ANY DEFECT IN MATERIAL OR WORKMANSHIP OF THE EQUIPMENT IS LIMITED TO THE WARRANTY SET FORTH IN THIS PARAGRAPH AND METER SHALL NOT BE LIABLE FOR BREACH OF CONTRACT ARISING FROM ANY DEFECT IN MATERIAL OR WORKMANSHIP OF THE EQUIPMENT. IN NO EVENT SHALL METER BE LIABLE FOR LOSSES BASED UPON DOWNTIME, OVERHEAD, LOST LABOR DAMAGES TO MACHINERY, SPOILAGE, LOST PRODUCTION PROFITS, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS TRANSACTION. METER SHALL NOT BE LIABLE FOR ANY OTHER FAILURE OR DEFECTS. Except as expressly provided above, Client agrees that METER has not given any express or implied representation or warranty as to the design, merchantability, suitability, durability, or condition of the Equipment and the doctrine of fundamental breach shall have no application to this agreement.

WARRANTY LIMITS AND DISCLAIMER. The terms and conditions set out in the Installment Sale and Security quote Quote between METER Group, Inc. USA and Client regarding warranty limits and disclaimers with respect to the items of Equipment respectively dealt with therein are incorporated herein by reference as if herein set forth at length. Without limiting the generality of the forgoing, METER HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS (INCLUDING BUT NOT LIMITED TO WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), ANY AGREEMENTS, REPRESENTATIONS, AFFIRMATIONS, OR WARRANTIES, WHETHER ORAL OR WRITTEN, MADE BY ANY AGENT, EMPLOYEE, OR REPRESENTATIVE OF METER, UNLESS SPECIFICALLY SET FORTH IN THIS PARAGRAPH OR SPECIFICALLY INCORPORATED HEREIN BY REFERENCE. METER’S LIABILITY FOR ANY DEFECT IN MATERIAL OR WORKMANSHIP OF THE EQUIPMENT IS LIMITED TO THE WARRANTY SET FORTH IN THIS PARAGRAPH AND METER SHALL NOT BE LIABLE FOR BREACH OF CONTRACT ARISING FROM ANY DEFECT IN MATERIAL OR WORKMANSHIP OF THE EQUIPMENT. IN NO EVENT SHALL METER BE LIABLE FOR LOSSES BASED UPON DOWNTIME, OVERHEAD, LOST LABOR DAMAGES TO MACHINERY, SPOILAGE, LOST PRODUCTION PROFITS, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS TRANSACTION. METER SHALL NOT BE LIABLE FOR ANY OTHER FAILURE OR DEFECTS. Except as expressly provided above, Client agrees that METER has not given any express or implied representation or warranty as to the design, merchantability, suitability, durability, or condition of the Equipment and the doctrine of fundamental breach shall have no application to this agreement.

WARRANTY LIMITS AND DISCLAIMER. The terms and conditions set out in the Installment Sale and Security quote Agreement between METER Group, Inc. USA and Client regarding warranty limits and disclaimers with respect to the items of Equipment respectively dealt with therein are incorporated herein by reference as if herein set forth at length. Without limiting the generality of the forgoing, METER HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS (INCLUDING BUT NOT LIMITED TO WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), ANY AGREEMENTS, REPRESENTATIONS, AFFIRMATIONS, OR WARRANTIES, WHETHER ORAL OR WRITTEN, MADE BY ANY AGENT, EMPLOYEE, OR REPRESENTATIVE OF METER, UNLESS SPECIFICALLY SET FORTH IN THIS PARAGRAPH OR SPECIFICALLY INCORPORATED HEREIN BY REFERENCE. METER’S LIABILITY FOR ANY DEFECT IN MATERIAL OR WORKMANSHIP OF THE EQUIPMENT IS LIMITED TO THE WARRANTY SET FORTH IN THIS PARAGRAPH AND METER SHALL NOT BE LIABLE FOR BREACH OF CONTRACT ARISING FROM ANY DEFECT IN MATERIAL OR WORKMANSHIP OF THE EQUIPMENT. IN NO EVENT SHALL METER BE LIABLE FOR LOSSES BASED UPON DOWNTIME, OVERHEAD, LOST LABOR DAMAGES TO MACHINERY, SPOILAGE, LOST PRODUCTION PROFITS, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS TRANSACTION. METER SHALL NOT BE LIABLE FOR ANY OTHER FAILURE OR DEFECTS. Except as expressly provided above, Client agrees that METER has not given any express or implied representation or warranty as to the design, merchantability, suitability, durability, or condition of the Equipment and the doctrine of fundamental breach shall have no application to this agreement.