Warranty Waiver. THE EQUIPMENT IS PROVIDED "AS IS, WHERE IS" AND "WITH ALL FAULTS." WE ARE NEITHER THE OEM NOR THE AGENT OF THE OEM. ALTHOUGH WE MAY ADMINISTER WARRANTIES ISSUED BY THE OEM, YOU ACKNOWLEDGE AND AGREE THAT (i) ANY EXPRESS WARRANTIES BY THE OEM FOR THE EQUIPMENT ARE NOT OUR RESPONSIBILITY; (ii) THE OEM'S WARRANTY MAY CONTAIN LIMITATIONS; AND (iii) YOU MAY INCUR CERTAIN REPAIR, TRANSPORTATION OR OTHER CHARGES WHICH ARE NOT COVERED BY THE OEM'S WARRANTY. WE MAKE NO WARRANTY WITH RESPECT TO THE EQUIPMENT, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF CONDITION, COMPLIANCE WITH SPECIFICATIONS OR REGULATIONS, QUALITY, DURABILITY, SUITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), NOR DO WE MAKE ANY WARRANTY AGAINST INTERFERENCE, INFRINGEMENT, THAT THE EQUIPMENT IS FIT FOR YOUR INTENDED USE, APPLICATION OR ENVIRONMENT, OR THAT IT IS FREE FROM DEFECTS (LATENT OR PATENT). NO WARRANTIES SHALL BE DEEMED TO EXIST WITH RESPECT TO THE EQUIPMENT, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT. ACCORDINGLY, YOU HEREBY WAIVE ANY AND ALL IMPLIED WARRANTIES. WE WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTY FOR ANY LIABILITIES, CLAIMS, INJURIES, LOSSES, COSTS OR DAMAGES ARISING FROM OR ASSOCIATED WITH THE USE OR ANY FAILURE OF, OR ANY UNKNOWN DEFECT IN OR WITH RESPECT TO, ANY OF THE EQUIPMENT. Any warranty by Xxxxxxx shall be null and void and have no legal effect if you fail to pay any amounts due for the Equipment at issue.
Appears in 4 contracts
Samples: Rental Agreement, Rental Agreement, Rental Agreement
Warranty Waiver. THE EQUIPMENT IS PROVIDED "AS IS, WHERE IS" AND "WITH ALL FAULTS." WE ARE NEITHER THE OEM NOR THE AGENT OF THE OEM. ALTHOUGH WE MAY ADMINISTER WARRANTIES ISSUED BY THE OEM, YOU ACKNOWLEDGE AND AGREE THAT (i) ANY EXPRESS WARRANTIES BY THE OEM FOR THE EQUIPMENT ARE NOT OUR RESPONSIBILITY; (ii) THE OEM'S WARRANTY MAY CONTAIN LIMITATIONS; AND (iii) YOU MAY INCUR CERTAIN REPAIR, TRANSPORTATION OR OTHER CHARGES WHICH ARE NOT COVERED BY THE OEM'S WARRANTY. WE MAKE NO WARRANTY WITH RESPECT TO THE EQUIPMENT, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF CONDITION, COMPLIANCE WITH SPECIFICATIONS OR REGULATIONS, QUALITY, DURABILITY, SUITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), NOR DO WE MAKE ANY WARRANTY AGAINST INTERFERENCE, INFRINGEMENT, THAT THE EQUIPMENT IS FIT FOR YOUR INTENDED USE, APPLICATION OR ENVIRONMENT, OR THAT IT IS FREE FROM DEFECTS (LATENT OR PATENT). NO WARRANTIES SHALL BE DEEMED TO EXIST WITH RESPECT TO THE EQUIPMENT, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT. ACCORDINGLY, YOU HEREBY WAIVE ANY AND ALL IMPLIED WARRANTIES. WE WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTY FOR ANY LIABILITIES, CLAIMS, INJURIES, LOSSES, COSTS OR DAMAGES ARISING FROM OR ASSOCIATED WITH THE USE OR ANY FAILURE OF, OR ANY UNKNOWN DEFECT IN OR WITH RESPECT TO, ANY OF THE EQUIPMENT. Any warranty by Xxxxxxx Sierra Pump shall be null and void and have no legal effect if you fail to pay any amounts due for the Equipment at issue.
Appears in 2 contracts
Samples: Rental Agreement, Rental Agreement
Warranty Waiver. THE EQUIPMENT IS PROVIDED "AS IS, WHERE IS" AND "WITH ALL FAULTS." WE ARE NEITHER THE OEM NOR THE AGENT OF THE OEM. ALTHOUGH WE MAY ADMINISTER WARRANTIES ISSUED BY THE OEM, YOU ACKNOWLEDGE AND AGREE THAT (i) ANY EXPRESS WARRANTIES BY THE OEM FOR THE EQUIPMENT ARE NOT OUR RESPONSIBILITY; (ii) THE OEM'S WARRANTY MAY CONTAIN LIMITATIONS; AND (iii) YOU MAY INCUR CERTAIN REPAIR, TRANSPORTATION OR OTHER CHARGES WHICH ARE NOT COVERED BY THE OEM'S WARRANTY. WE MAKE NO WARRANTY WITH RESPECT TO THE EQUIPMENT, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF CONDITION, COMPLIANCE WITH SPECIFICATIONS OR REGULATIONS, QUALITY, DURABILITY, SUITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), NOR DO WE MAKE ANY WARRANTY AGAINST INTERFERENCE, INFRINGEMENT, THAT THE EQUIPMENT IS FIT FOR YOUR INTENDED USE, APPLICATION OR ENVIRONMENT, OR THAT IT IS FREE FROM DEFECTS (LATENT OR PATENT). NO WARRANTIES SHALL BE DEEMED TO EXIST WITH RESPECT TO THE EQUIPMENT, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT. ACCORDINGLY, YOU HEREBY WAIVE ANY AND ALL IMPLIED WARRANTIES. WE WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTY FOR ANY LIABILITIES, CLAIMS, INJURIES, LOSSES, COSTS OR DAMAGES ARISING FROM OR ASSOCIATED WITH THE USE OR ANY FAILURE OF, OR ANY UNKNOWN DEFECT IN OR WITH RESPECT TO, ANY OF THE EQUIPMENT. Any warranty by Xxxxxxx Sitech shall be null and void and have no legal effect if you fail to pay any amounts due for the Equipment at issue.
Appears in 2 contracts
Samples: Rental Agreement, Rental Agreement
Warranty Waiver. EXCEPT AS TO THE EQUIPMENT IS PROVIDED "AS ISTENANT IMPROVEMENTS, WHERE IS" LANDLORD, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ATTORNEYS AND "WITH ALL FAULTS." WE ARE NEITHER THE OEM NOR THE AGENT OF THE OEM. ALTHOUGH WE MAY ADMINISTER WARRANTIES ISSUED BY THE OEM, YOU ACKNOWLEDGE AND AGREE THAT (i) ANY EXPRESS WARRANTIES BY THE OEM FOR THE EQUIPMENT ARE NOT OUR RESPONSIBILITY; (ii) THE OEM'S WARRANTY MAY CONTAIN LIMITATIONS; AND (iii) YOU MAY INCUR CERTAIN REPAIR, TRANSPORTATION OR OTHER CHARGES WHICH ARE NOT COVERED BY THE OEM'S WARRANTY. WE CONTRACTORS MAKE NO WARRANTY WARRANTY, EXPRESSED OR IMPLIED WITH RESPECT TO SUCH PROJECT OR THE EQUIPMENTPREMISES OR ITS CONDITION. EXCEPT AS TO THE TENANT IMPROVEMENTS, EXPRESS NO WARRANTY OF MATERIALS, WORKMANSHIP OR APPLIANCES HAS BEEN MADE OR IS EXPRESSED OR IMPLIED (INCLUDINGBY THIS LEASE. EXCEPT AS TO THE TENANT IMPROVEMENTS, WITHOUT LIMITATIONLANDLORD, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ATTORNEYS AND CONTRACTORS EXPRESSLY DISCLAIM AND TENANT EXPRESSLY WAIVES ANY WARRANTY OF HABITABILITY, GOOD AND ALL WARRANTIES OF CONDITION, COMPLIANCE WITH SPECIFICATIONS OR REGULATIONS, QUALITY, DURABILITYWORKMANLIKE CONSTRUCTION, SUITABILITY, MERCHANTABILITY OR DESIGN OR FITNESS FOR A PARTICULAR PURPOSE), NOR DO WE MAKE PURPOSE AND EXPRESSLY DISCLAIM AND TENANT EXPRESSLY WAIVES ANY WARRANTY AGAINST INTERFERENCE, INFRINGEMENT, THAT THE EQUIPMENT IS FIT FOR YOUR INTENDED USE, APPLICATION OR ENVIRONMENT, OR THAT IT IS FREE FROM DEFECTS (LATENT OR PATENT). NO WARRANTIES SHALL BE DEEMED TO EXIST WITH RESPECT AS TO THE EQUIPMENT, ENVIRONMENTAL CONDITIONS OF SUCH PROJECT OR PREMISES AND THE PRESENCE OR CONTAMINATION BY HAZARDOUS MATERIALS. EXCEPT AS TO THE TENANT IMPROVEMENTS, TENANT IS NOT RELYING ON ANY REPRESENTATIONS BY LANDLORD OR LANDLORD’S OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ATTORNEYS AND CONTRACTORS. TENANT EXPRESSLY SET FORTH IN THIS AGREEMENT. ACCORDINGLYWAIVES, YOU HEREBY WAIVE TO THE EXTENT ALLOWED BY LAW, ANY AND ALL IMPLIED WARRANTIES. WE WILL NOT BE RESPONSIBLE CLAIMS UNDER FEDERAL, STATE OR OTHER LAW THAT TENANT MIGHT OTHERWISE HAVE AGAINST LANDLORD RELATING TO YOU THE CONDITION OF SUCH PROJECT OR TO ANY THIRD PARTY FOR ANY LIABILITIES, CLAIMS, INJURIES, LOSSES, COSTS PREMISES OR DAMAGES ARISING FROM THE IMPROVEMENT OR ASSOCIATED WITH PERSONAL PROPERTY LOCATED THEREON OR THE USE OR ANY FAILURE OF, OR ANY UNKNOWN DEFECT PRESENCE IN OR WITH RESPECT TO, ANY CONTAMINATION OF THE EQUIPMENT. Any warranty by Xxxxxxx shall be null and void and have no legal effect if you fail to pay any amounts due for the Equipment at issuePROJECT OR THE PREMISES BY HAZARDOUS MATERIALS.
Appears in 1 contract
Samples: Office Lease Agreement (KBS Growth & Income REIT, Inc.)
Warranty Waiver. THE EQUIPMENT IS EXCEPT AS OTHERWISE EXPRESSLY PROVIDED "AS ISHEREIN, WHERE IS" LANDLORD, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ATTORNEYS AND "WITH ALL FAULTS." WE ARE NEITHER THE OEM NOR THE AGENT OF THE OEM. ALTHOUGH WE MAY ADMINISTER WARRANTIES ISSUED BY THE OEM, YOU ACKNOWLEDGE AND AGREE THAT (i) ANY EXPRESS WARRANTIES BY THE OEM FOR THE EQUIPMENT ARE NOT OUR RESPONSIBILITY; (ii) THE OEM'S WARRANTY MAY CONTAIN LIMITATIONS; AND (iii) YOU MAY INCUR CERTAIN REPAIR, TRANSPORTATION OR OTHER CHARGES WHICH ARE NOT COVERED BY THE OEM'S WARRANTY. WE CONTRACTORS MAKE NO WARRANTY WARRANTY, EXPRESSED OR IMPLIED WITH RESPECT TO SUCH PROJECT OR THE EQUIPMENTPREMISES OR ITS CONDITION. NO WARRANTY OF MATERIALS, EXPRESS WORKMANSHIP OR APPLIANCES HAS BEEN MADE OR IS EXPRESSED OR IMPLIED (INCLUDINGBY THIS LEASE. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, WITHOUT LIMITATIONLANDLORD, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ATTORNEYS AND CONTRACTORS EXPRESSLY DISCLAIM AND TENANT EXPRESSLY WAIVES ANY WARRANTY OF HABITABILITY, GOOD AND ALL WARRANTIES OF CONDITION, COMPLIANCE WITH SPECIFICATIONS OR REGULATIONS, QUALITY, DURABILITYWORKMANLIKE CONSTRUCTION, SUITABILITY, MERCHANTABILITY OR DESIGN OR FITNESS FOR A PARTICULAR PURPOSE), NOR DO WE MAKE PURPOSE AND EXPRESSLY DISCLAIM AND TENANT EXPRESSLY WAIVES ANY WARRANTY AGAINST INTERFERENCE, INFRINGEMENT, THAT THE EQUIPMENT IS FIT FOR YOUR INTENDED USE, APPLICATION OR ENVIRONMENT, OR THAT IT IS FREE FROM DEFECTS (LATENT OR PATENT). NO WARRANTIES SHALL BE DEEMED TO EXIST WITH RESPECT AS TO THE EQUIPMENTENVIRONMENTAL CONDITIONS OF SUCH PROJECT OR PREMISES AND THE PRESENCE OR CONTAMINATION BY HAZARDOUS MATERIALS. TENANT IS NOT RELYING ON ANY REPRESENTATIONS BY LANDLORD OR LANDLORD’S OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ATTORNEYS AND CONTRACTORS. TENANT EXPRESSLY WAIVES, TO THE EXTENT ALLOWED BY LAW, ANY CLAIMS UNDER FEDERAL, STATE OR OTHER LAW THAT TENANT MIGHT OTHERWISE HAVE AGAINST LANDLORD RELATING TO THE CONDITION OF SUCH PROJECT OR PREMISES OR THE IMPROVEMENT OR PERSONAL PROPERTY LOCATED THEREON OR THE PRESENCE IN OR CONTAMINATION OF THE PROJECT OR THE PREMISES BY HAZARDOUS MATERIALS, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT. ACCORDINGLY, YOU HEREBY WAIVE ANY AND ALL IMPLIED WARRANTIES. WE WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTY FOR ANY LIABILITIES, CLAIMS, INJURIES, LOSSES, COSTS OR DAMAGES ARISING FROM OR ASSOCIATED WITH THE USE OR ANY FAILURE OF, OR ANY UNKNOWN DEFECT IN OR WITH RESPECT TO, ANY OF THE EQUIPMENT. Any warranty by Xxxxxxx shall be null and void and have no legal effect if you fail to pay any amounts due for the Equipment at issuePROVIDED HEREIN.
Appears in 1 contract
Warranty Waiver. THE EQUIPMENT IS EXCEPT AS SPECIFICALLY PROVIDED "AS ISUNDER THIS LEASE, WHERE IS" LANDLORD, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ATTORNEYS AND "WITH ALL FAULTS." WE ARE NEITHER THE OEM NOR THE AGENT OF THE OEM. ALTHOUGH WE MAY ADMINISTER WARRANTIES ISSUED BY THE OEMCONTRACTORS, YOU ACKNOWLEDGE AND AGREE THAT (i) ANY EXPRESS WARRANTIES BY THE OEM FOR THE EQUIPMENT ARE NOT OUR RESPONSIBILITY; (ii) THE OEM'S WARRANTY MAY CONTAIN LIMITATIONS; AND (iii) YOU MAY INCUR CERTAIN REPAIR, TRANSPORTATION OR OTHER CHARGES WHICH ARE NOT COVERED BY THE OEM'S WARRANTY. WE MAKE NO WARRANTY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENTPROJECT, EXPRESS PROPERTY, BUILDING OR THE PREMISES OR ITS CONDITION. NO WARRANTY OF MATERIALS, WORKMANSHIP OR APPLIANCES HAS BEEN MADE OR IS EXPRESSED OR IMPLIED (INCLUDINGBY THIS LEASE. LANDLORD, WITHOUT LIMITATIONITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ATTORNEYS AND CONTRACTORS EXPRESSLY DISCLAIM AND TENANT EXPRESSLY WAIVES ANY WARRANTY OF HABITABILITY, GOOD AND ALL WARRANTIES OF CONDITION, COMPLIANCE WITH SPECIFICATIONS OR REGULATIONS, QUALITY, DURABILITYWORKMANLIKE CONSTRUCTION, SUITABILITY, MERCHANTABILITY OF DESIGN OR FITNESS FOR A PARTICULAR PURPOSE), NOR DO WE MAKE PURPOSE AND EXPRESSLY DISCLAIM AND TENANT EXPRESSLY WAIVES ANY WARRANTY AGAINST INTERFERENCE, INFRINGEMENT, THAT THE EQUIPMENT IS FIT FOR YOUR INTENDED USE, APPLICATION OR ENVIRONMENT, OR THAT IT IS FREE FROM DEFECTS (LATENT OR PATENT). NO WARRANTIES SHALL BE DEEMED TO EXIST WITH RESPECT AS TO THE EQUIPMENTENVIRONMENTAL CONDITION OF THE PROJECT, EXCEPT AS PROPERTY, BUILDING OR PREMISES AND THE PRESENCE OR CONTAMINATION BY HAZARDOUS MATERIALS. TENANT IS NOT RELYING ON ANY REPRESENTATIONS BY LANDLORD OR LANDLORD'S OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ATTORNEYS AND CONTRACTORS. TENANT EXPRESSLY SET FORTH IN THIS AGREEMENT. ACCORDINGLYWAIVES, YOU HEREBY WAIVE TO THE EXTENT ALLOWED BY LAW, ANY CLAIMS UNDER FEDERAL, STATE OR OTHER LAW THAT TENANT MIGHT OTHERWISE HAVE AGAINST LANDLORD, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ATTORNEYS AND ALL IMPLIED WARRANTIES. WE WILL NOT BE RESPONSIBLE CONTRACTORS RELATING TO YOU THE CONDITION OF THE PROJECT, PROPERTY, BUILDING OR TO ANY THIRD PARTY FOR ANY LIABILITIES, CLAIMS, INJURIES, LOSSES, COSTS PREMISES OR DAMAGES ARISING FROM THE IMPROVEMENTS OR ASSOCIATED WITH PERSONAL PROPERTY LOCATED THEREON OR THE USE OR ANY FAILURE OF, OR ANY UNKNOWN DEFECT PRESENCE IN OR WITH RESPECT TO, ANY CONTAMINATION OF THE EQUIPMENT. Any warranty by Xxxxxxx shall be null and void and have no legal effect if you fail to pay any amounts due for the Equipment at issuePROJECT OR THE PREMISES BY HAZARDOUS MATERIALS.
Appears in 1 contract
Samples: Industrial Service Center Lease Agreement Net (Cavion Technologies Inc)
Warranty Waiver. THE EQUIPMENT IS RENTED ITEMS ARE PROVIDED "AS IS, WHERE IS" “AS‐IS” AND "“WITH ALL FAULTS." WE ARE NEITHER THE OEM NOR THE AGENT OF THE OEM. ALTHOUGH WE MAY ADMINISTER WARRANTIES ISSUED BY THE OEM, YOU ACKNOWLEDGE AND AGREE THAT (i) ANY EXPRESS WARRANTIES BY THE OEM FOR THE EQUIPMENT ARE NOT OUR RESPONSIBILITY; (ii) THE OEM'S WARRANTY MAY CONTAIN LIMITATIONS; AND (iii) YOU MAY INCUR CERTAIN REPAIR, TRANSPORTATION OR OTHER CHARGES WHICH ARE NOT COVERED BY THE OEM'S WARRANTY. ” WE MAKE NO WARRANTY WITH RESPECT TO THE EQUIPMENTWARRANTY, EXPRESS OR IMPLIED (INCLUDING, INCLUDING WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF CONDITION, COMPLIANCE WITH SPECIFICATIONS OR REGULATIONS, QUALITY, DURABILITY, SUITABILITY, MERCHANTABILITY MERCHANTABILITY, AND/OR FITNESS FOR A ANY PARTICULAR PURPOSE), NOR DO WE MAKE ANY WARRANTY AGAINST INTERFERENCE, INFRINGEMENT, THAT THE EQUIPMENT IS RENTED ITEMS ARE FIT FOR YOUR INTENDED USE, APPLICATION OR ENVIRONMENT, OR THAT IT IS THEY ARE FREE FROM DEFECTS (LATENT OR PATENT). NO WARRANTIES SHALL BE DEEMED TO EXIST WITH RESPECT TO THE EQUIPMENTRENTED ITEMS, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTCONTRACT. ACCORDINGLY, YOU HEREBY WAIVE ANY AND ALL IMPLIED WARRANTIES. WE WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTY FOR ANY LIABILITIES, CLAIMS, INJURIES, LOSSES, COSTS OR DAMAGES ARISING FROM OR ASSOCIATED WITH THE USE OR ANY FAILURE OF, OR ANY UNKNOWN DEFECT IN OR WITH RESPECT TO, ANY OF THE EQUIPMENTRENTED ITEMS. Any warranty by Xxxxxxx shall be null and void and have no legal effect if you fail to pay any amounts due for the Equipment at issueYOUR SOLE REMEDY FOR ANY FAILURE OF OR DEFECT IN OR WITH RESPECT TO ANY OF THE RENTED ITEMS IS TERMINATION OF THE ACCRUAL OF RENTAL CHARGES AT THE TIME OF FAILURE.
Appears in 1 contract
Samples: Rental Contract
Warranty Waiver. FASTTRAC RENTALS LLC IS NOT THE EQUIPMENT IS PROVIDED "AS IS, WHERE IS" AND "WITH ALL FAULTS." WE ARE NEITHER THE OEM NOR THE AGENT MANUFACTURER OR DESIGNER OF ANY OF THE OEM. ALTHOUGH WE MAY ADMINISTER WARRANTIES ISSUED BY THE OEMITEM(S) REFERENCED IN THIS AGREEMENT AND/OR ANY SCHEDULE(S), YOU ACKNOWLEDGE AND AGREE THAT (i) ANY EXPRESS WARRANTIES BY THE OEM FOR THE EQUIPMENT ARE NOT OUR RESPONSIBILITY; (ii) THE OEM'S WARRANTY MAY CONTAIN LIMITATIONS; AND (iii) YOU MAY INCUR CERTAIN REPAIR, TRANSPORTATION OR OTHER CHARGES ALL OF WHICH ARE NOT COVERED BY THE OEM'S WARRANTYPROVIDED “AS-IS”. WE MAKE NO WARRANTY WITH RESPECT EXCEPT ONLY TO THE EQUIPMENTEXTENT OTHERWISE REQUIRED BY APPLICABLE LAW, NEITHER FTR NOR ANY TPO, MAKES ANY WARRANTY(IES), EXPRESS OR IMPLIED (INCLUDING, INCLUDING WITHOUT LIMITATION, ANY AND ALL WARRANTIES IMPLIED WARRANTY(IES) OF CONDITION, COMPLIANCE WITH SPECIFICATIONS OR REGULATIONS, QUALITY, DURABILITYMERCHANTABILITY, SUITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), FUNCTION, DESIGN, QUALITY, CAPACITY, FREEDOM FROM DEFECTS AND GOOD AND WORKMANLIKE PERFORMANCE, AS WELL AS ANYAND ALWARRANTY(IES) ARISING FROM OR IN CONNECTION WITH ANY COURSE OF DEALING, COURSE OF PERFORMANCE AND/OR USAGE OF TRADE) REGARDING ANY ITEM(S) OR SERVICE(S) PROVIDED BY OR AT THE DIRECTION OF FASTTRAC RENTALS LLC OR ANY TPO, NOR DO WE DOES FASTTRAC RENTALS LLC OR ANY TPO MAKE ANY WARRANTY AGAINST INTERFERENCEINTERFERENCE OR INFRINGEMENT WITH THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS, INFRINGEMENT, THAT THE EQUIPMENT IS FIT FOR YOUR INTENDED USE, APPLICATION OR ENVIRONMENT, OR THAT IT IS FREE FROM DEFECTS (LATENT OR PATENT)ALL OF WHICH REPRESENTATIONS AND WARRANTIES YOU HEREBY WAIVE. NO DESCRIPTIONS, SAMPLES, DEPICTIONS, RECOMMENDATIONS, MODELS, SPECIFICATIONS OR ADVERTISEMENTS BY FTR OR ANY TPO CONSTITUTE REPRESENTATIONS OR WARRANTIES, ALL OF WHICH YOU HEREBY WAIVE. THERE ARE NO WARRANTIES SHALL BE DEEMED TO EXIST WITH RESPECT THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. 20. INDEMNITY, DEFENSE AND HOLD HARMLESS: TO THE EQUIPMENTMAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, EXCEPT AS EXPRESSLY SET FORTH YOU HEREBY: (A) ASSUME ALL RISK OF PERSONAL AND BODILY INJURY(IES), ELECTRIC SHOCK, LOSS, DAMAGE, DESTRUCTION AND CONTAMINATION OF, TO, AND/OR ARISING IN CONNECTION WITH, THE ITEM(S) AND SERVICE(S) REFERENCED IN THIS AGREEMENT. ACCORDINGLYAGREEMENT INCLUDING ANY SCHEDULE(S), YOU HEREBY WAIVE INVOICES AND/OR ADDENDA PROVIDED BY OR AT THE DIRECTION OF FTR OR ANY TPO IN CONNECTION HEREWITH, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES. WE WILL LIABILITIES, CLAIMS AND DAMAGES ARISING IN CONNECTION WITH THE SELECTION, PROVISION, INSPECTION, DESIGN, MANUFACTURE, FUELING, CHARGING, USE, LOADING, UNLOADING, TRANSPORTATION, DEMONSTRATION, STORAGE, SERVICING, MAINTENANCE, REPAIR, DELIVERY AND/OR RETRIEVAL OF ANY SUCH ITEM(S) OR SERVICE(S) (INCLUDING ANY OF THE FOREGOING ARISING OR IMPOSED UNDER THE DOCTRINE OF “STRICT LIABILITY”), WHETHER OR NOT BE RESPONSIBLE YOUR FAULT; (B) RELEASE AND DISCHARGE AND AGREE TO YOU OR TO ANY THIRD PARTY FOR ANY INDEMNIFY, DEFEND AND HOLD HARMLESS FASTTRAC RENTALS LLC AND SUCH TPO(S), THEIR RESPECTIVE PARENTS, PARTNERS, AFFILIATES SUBSIDIARIES, AND THEIR RESPECTIVE OWNERS, SHAREHOLDERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, EMPLOYEES, REPRESENTATIVES, SUPPLIERS, INSURERS, SUBROGEES, SUCCESSORS AND ASSIGNS (EACH, AN “INDEMNITEE” AND COLLECTIVELY, THE “INDEMNITEES”), FOR, FROM AND AGAINST ALL LIABILITIES, CLAIMS, INJURIESDAMAGES, LOSSES, COSTS OR DAMAGES AND EXPENSES, INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES (COLLECTIVELY, “ADVERSE CONSEQUENCES”) ARISING FROM OR ASSOCIATED WITH ANY AND/OR ALL OF SUCH ITEM(S) AND/OR SERVICES, INCLUDING WITHOUT LIMITATION, ALL ADVERSE CONSEQUENCES ARISING FROM AND/OR IN CONNECTION WITH: (I) ANY NEGLIGENCE OR CLAIMED NEGLIGENCE OF FTR; AND/OR (II) YOUR BREACH OF ANY ONE OR MORE OF THE USE TERMS OF THIS AGREEMENT AND/OR ANY FAILURE OFSCHEDULE(S); AND (C) WAIVE ALL RIGHTS, OR ANY UNKNOWN DEFECT IN OR WITH RESPECT TOCLAIMS, ANY OF REMEDIES AND DAMAGES AVAILABLE UNDER THE EQUIPMENT. Any warranty by Xxxxxxx shall be null and void and have no legal effect if you fail to pay any amounts due for the Equipment at issueUNIFORM COMMERCIAL CODE, AS WELL AS ALL DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, GENERAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES, AGAINST EACH AND EVERY INDEMNITEE.
Appears in 1 contract
Samples: Master Equipment Rental Agreement
Warranty Waiver. THE EQUIPMENT IS PROVIDED "AS IS, WHERE AS-IS" AND "“WITH ALL FAULTS." WE ARE NEITHER THE OEM NOR THE AGENT OF THE OEM. ALTHOUGH WE MAY ADMINISTER WARRANTIES ISSUED BY THE OEM, YOU ACKNOWLEDGE AND AGREE THAT (i) ANY EXPRESS WARRANTIES BY THE OEM FOR THE EQUIPMENT ARE NOT OUR RESPONSIBILITY; (ii) THE OEM'S WARRANTY MAY CONTAIN LIMITATIONS; AND (iii) YOU MAY INCUR CERTAIN REPAIR, TRANSPORTATION OR OTHER CHARGES WHICH ARE NOT COVERED BY THE OEM'S WARRANTY. WE SABRE MAKE NO WARRANTY WITH RESPECT TO THE EQUIPMENTWARRANTY, EXPRESS OR IMPLIED (INCLUDING, INCLUDING WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF CONDITIONOR SUITABILIT Y, COMPLIANCE WITH SPECIFICATIONS OR REGULATIONSMERCHANTABILITY, QUALITY, DURABILITY, SUITABILITY, MERCHANTABILITY AND/OR FITNESS FOR A ANY PARTICULAR PURPOSE)) , NOR DO WE SABRE MAKE ANY WARRANTY AGAINST INTERFERENCE, INFRINGEMENT, THAT THE EQUIPMENT IS FIT FOR YOUR CUSTOMER’S INTENDED USE, APPLICATION OR ENVIRONMENT, OR THAT IT IS FREE FROM DEFECTS (LATENT OR PATENT). NO WARRANTIES SHALL BE DEEMED TO EXIST WITH RESPECT TO THE EQUIPMENT, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENTCONTRACT. ACCORDINGLY, YOU CUSTOMER HEREBY WAIVE ANY AND ALL IMPLIED WARRANTIES. WE SABRE WILL NOT BE RESPONSIBLE TO YOU CUSTOMER OR TO ANY THIRD PARTY FOR ANY LIABILITIES, CLAIMS, INJURIES, LOSSES, COSTS OR DAMAGES ARISING FROM OR ASSOCIATED WITH THE USE OR ANY FAILURE OF, OR ANY UNKNOWN DEFECT IN OR WITH RESPECT TO, ANY OF THE EQUIPMENT. Any warranty by Xxxxxxx shall be null and void and have no legal effect if you fail to pay any amounts due for the Equipment at issueCUSTOMER’S SOLE REMEDY FOR ANY FAILURE OF OR DEFECT IN OR WITH RESPECT TO ANY OF THE EQUIPMENT IS TERMINATION OF THE ACCRUAL OF RENTAL CHARGES AT THE TIME OF FAILURE.
Appears in 1 contract
Samples: Rental Agreement
Warranty Waiver. THE EQUIPMENT IS PROVIDED "AS IS, WHERE IS" AND "WITH ALL FAULTS." WE ARE NEITHER THE OEM NOR THE AGENT OF THE OEM. ALTHOUGH WE MAY ADMINISTER WARRANTIES ISSUED BY THE OEM, YOU ACKNOWLEDGE AND AGREE THAT (i) ANY EXPRESS WARRANTIES BY THE OEM FOR THE EQUIPMENT ARE NOT OUR RESPONSIBILITY; (ii) THE OEM'S WARRANTY MAY CONTAIN LIMITATIONS; AND (iii) YOU MAY INCUR CERTAIN REPAIR, TRANSPORTATION OR OTHER CHARGES WHICH ARE NOT COVERED BY THE OEM'S WARRANTY. WE MAKE NO WARRANTY WITH RESPECT TO THE EQUIPMENT, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF CONDITION, COMPLIANCE WITH SPECIFICATIONS OR REGULATIONS, QUALITY, DURABILITY, SUITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), NOR DO WE MAKE ANY WARRANTY AGAINST INTERFERENCE, INFRINGEMENT, THAT THE EQUIPMENT IS FIT FOR YOUR INTENDED USE, APPLICATION OR ENVIRONMENT, OR THAT IT IS FREE FROM DEFECTS (LATENT OR PATENT). NO WARRANTIES SHALL BE DEEMED TO EXIST WITH RESPECT TO THE EQUIPMENT, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT. ACCORDINGLY, YOU HEREBY WAIVE ANY AND ALL IMPLIED WARRANTIES. WE WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTY FOR ANY LIABILITIES, CLAIMS, INJURIES, LOSSES, COSTS OR DAMAGES ARISING FROM OR ASSOCIATED WITH THE USE OR ANY FAILURE OF, OR ANY UNKNOWN DEFECT IN OR WITH RESPECT TO, ANY OF THE EQUIPMENT. Any warranty by Xxxxxxx shall be null and void and have no legal effect if you fail to pay any amounts due for Commercial Code as adopted in the Equipment at issueState of Nevada ("UCC").
Appears in 1 contract
Samples: Rental Agreement
Warranty Waiver. THE EQUIPMENT IS PROVIDED "AS ISLANDLORD, WHERE IS" ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ATTORNEYS AND "WITH ALL FAULTS." WE ARE NEITHER THE OEM NOR THE AGENT OF THE OEM. ALTHOUGH WE MAY ADMINISTER WARRANTIES ISSUED BY THE OEM, YOU ACKNOWLEDGE AND AGREE THAT (i) ANY EXPRESS WARRANTIES BY THE OEM FOR THE EQUIPMENT ARE NOT OUR RESPONSIBILITY; (ii) THE OEM'S WARRANTY MAY CONTAIN LIMITATIONS; AND (iii) YOU MAY INCUR CERTAIN REPAIR, TRANSPORTATION OR OTHER CHARGES WHICH ARE NOT COVERED BY THE OEM'S WARRANTY. WE CONTRACTORS MAKE NO WARRANTY WARRANTY, EXPRESSED OR IMPLIED WITH RESPECT TO SUCH PROJECT OR THE EQUIPMENTPREMISES OR ITS CONDITION. NO WARRANTY OF MATERIALS, EXPRESS WORKMANSHIP OR APPLIANCES HAS BEEN MADE OR IS EXPRESSED OR IMPLIED (INCLUDINGBY THIS LEASE. LANDLORD, WITHOUT LIMITATIONITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ATTORNEYS AND CONTRACTORS EXPRESSLY DISCLAIM AND TENANT EXPRESSLY WAIVES ANY WARRANTY OF HABITABILITY, GOOD AND ALL WARRANTIES OF CONDITION, COMPLIANCE WITH SPECIFICATIONS OR REGULATIONS, QUALITY, DURABILITYWORKMANLIKE CONSTRUCTION, SUITABILITY, MERCHANTABILITY OR DESIGN OR FITNESS FOR A PARTICULAR PURPOSE), NOR DO WE MAKE PURPOSE AND EXPRESSLY DISCLAIM AND TENANT EXPRESSLY WAIVES ANY WARRANTY AGAINST INTERFERENCE, INFRINGEMENT, THAT THE EQUIPMENT IS FIT FOR YOUR INTENDED USE, APPLICATION OR ENVIRONMENT, OR THAT IT IS FREE FROM DEFECTS (LATENT OR PATENT). NO WARRANTIES SHALL BE DEEMED TO EXIST WITH RESPECT AS TO THE EQUIPMENTENVIRONMENTAL CONDITIONS OF SUCH PROJECT OR PREMISES AND THE PRESENCE OR CONTAMINATION BY HAZARDOUS MATERIALS. TENANT IS NOT RELYING ON ANY REPRESENTATIONS BY LANDLORD OR LANDLORD’S OFFICERS, EXCEPT AS DIRECTORS, AGENTS, EMPLOYEES, ATTORNEYS AND CONTRACTORS. TENANT EXPRESSLY SET FORTH IN THIS AGREEMENT. ACCORDINGLYWAIVES, YOU HEREBY WAIVE TO THE EXTENT ALLOWED BY LAW, ANY AND ALL IMPLIED WARRANTIES. WE WILL NOT BE RESPONSIBLE CLAIMS UNDER FEDERAL, STATE OR OTHER LAW THAT TENANT MIGHT OTHERWISE HAVE AGAINST LANDLORD RELATING TO YOU THE CONDITION OF SUCH PROJECT OR TO ANY THIRD PARTY FOR ANY LIABILITIES, CLAIMS, INJURIES, LOSSES, COSTS PREMISES OR DAMAGES ARISING FROM THE IMPROVEMENT OR ASSOCIATED WITH PERSONAL PROPERTY LOCATED THEREON OR THE USE OR ANY FAILURE OF, OR ANY UNKNOWN DEFECT PRESENCE IN OR WITH RESPECT TO, ANY CONTAMINATION OF THE EQUIPMENT. Any warranty by Xxxxxxx shall be null and void and have no legal effect if you fail to pay any amounts due for the Equipment at issuePROJECT OR THE PREMISES BY HAZARDOUS MATERIALS.
Appears in 1 contract
Warranty Waiver. THE EQUIPMENT IS PROVIDED "AS IS, WHERE AS-IS" AND "WITH ALL FAULTS." WE ARE NEITHER THE OEM NOR THE AGENT OF THE OEM. ALTHOUGH WE MAY ADMINISTER WARRANTIES ISSUED BY THE OEM, YOU ACKNOWLEDGE AND AGREE THAT (i) ANY EXPRESS WARRANTIES BY THE OEM FOR THE EQUIPMENT ARE NOT OUR RESPONSIBILITY; (ii) THE OEM'S WARRANTY MAY CONTAIN LIMITATIONS; AND (iii) YOU MAY INCUR CERTAIN REPAIR, TRANSPORTATION OR OTHER CHARGES WHICH ARE NOT COVERED BY THE OEM'S WARRANTY". WE MAKE NO WARRANTY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF CONDITION, COMPLIANCE WITH SPECIFICATIONS OR REGULATIONS, QUALITY, DURABILITY, SUITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), EQUIPMENT NOR DO WE MAKE ANY WARRANTY AGAINST AS TO MERCHANTABILITY, INTERFERENCE, NON-INFRINGEMENT, THAT THE EQUIPMENT IS FIT FOR YOUR INTENDED USE, APPLICATION OR ENVIRONMENT, OR THAT IT IS FREE FROM DEFECTS (LATENT DEFECTS. NO DESCRIPTIONS OR PATENT). ADVERTISEMENTS BY COMPANY SHALL CONSTITUTE REPRESENTATIONS OR WARRANTIES, THUS, NO WARRANTIES SHALL BE DEEMED TO EXIST WITH RESPECT TO THE EQUIPMENT, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT. ACCORDINGLY, YOU HEREBY WAIVE ANY AND ALL IMPLIED WARRANTIES. WE WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTY FOR ANY LIABILITIES, CLAIMS, INJURIES, LOSSES, COSTS OR DAMAGES INCLUDING ATTORNEY’S FEES ARISING FROM OR ASSOCIATED WITH THE USE OR ANY FAILURE OF, OR ANY UNKNOWN DEFECT IN OR WITH RESPECT TO, ANY OF THE EQUIPMENT. Any warranty by Xxxxxxx shall be null and void and have no legal effect if you fail to pay any amounts due for the Equipment at issueYOUR SOLE REMEDY FOR ANY FAILURE OF OR DEFECT IN OR WITH RESPECT TO ANY OF THE EQUIPMENT IS TERMINATION OF THE ACCRUAL OF RENTAL CHARGES AT THE TIME OF FAILURE.
Appears in 1 contract
Samples: Rental Agreement
Warranty Waiver. THE EQUIPMENT IS PROVIDED "“AS IS, WHERE IS" ” AND "“WITH ALL FAULTS." ” WE ARE NEITHER THE OEM NOR THE AGENT OF THE OEM. ALTHOUGH WE MAY ADMINISTER WARRANTIES ISSUED BY THE OEM, YOU ACKNOWLEDGE AND AGREE THAT (i) ANY EXPRESS WARRANTIES BY THE OEM FOR THE EQUIPMENT ARE NOT OUR RESPONSIBILITY; (ii) THE OEM'S ’S WARRANTY MAY CONTAIN LIMITATIONS; AND (iii) YOU MAY INCUR CERTAIN REPAIR, TRANSPORTATION OR OTHER CHARGES WHICH ARE NOT COVERED BY THE OEM'S ’S WARRANTY. WE MAKE NO WARRANTY WITH RESPECT TO THE EQUIPMENT, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF CONDITION, COMPLIANCE WITH SPECIFICATIONS OR REGULATIONS, QUALITY, DURABILITY, SUITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), NOR DO WE MAKE ANY WARRANTY AGAINST INTERFERENCE, INFRINGEMENT, THAT THE EQUIPMENT IS FIT FOR YOUR INTENDED USE, APPLICATION OR ENVIRONMENT, OR THAT IT IS FREE FROM DEFECTS (LATENT OR PATENT). NO WARRANTIES SHALL BE DEEMED TO EXIST WITH RESPECT TO THE EQUIPMENT, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT. ACCORDINGLY, YOU HEREBY WAIVE ANY AND ALL IMPLIED WARRANTIES. WE WILL NOT BE RESPONSIBLE TO YOU OR TO ANY THIRD PARTY FOR ANY LIABILITIES, CLAIMS, INJURIES, LOSSES, COSTS OR DAMAGES ARISING FROM OR ASSOCIATED WITH THE USE OR ANY FAILURE OF, OR ANY UNKNOWN DEFECT IN OR WITH RESPECT TO, ANY OF THE EQUIPMENT. Any warranty by Xxxxxxx shall be null and void and have no legal effect if you fail to pay any amounts due for the Equipment at issue.
Appears in 1 contract