Common use of Xx Other Warranties Clause in Contracts

Xx Other Warranties. TO THE FULLEST EXTENT PROVIDED BY LAW, SELLER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES REGARDING CONSUMER PRODUCTS AS DEFINED IN THE XXXXXXXXX-XXXX WARRANTY ACT OR THE UNIFORM COMMERCIAL CODE, WITH RESPECT TO THE BUILDING, THE UNIT, COMMON ELEMENTS, OR ANY OTHER PART OF THE CONDOMINIUM (THE “PROPERTY”) OTHER THAN THOSE EXPRESSLY DESCRIBED IN THIS SECTION 8. PURCHASER ACCEPTS THE PROPERTY IN ITS AS IS CONDITION AT CLOSING, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND EXCEPT FOR THE EXPRESS WARRANTY OF THIS SECTION, IF ANY. WITHOUT LIMITATION TO THE FOREGOING, AND EXCEPT FOR THE EXPRESS WARRANTY OF THIS SECTION 8, SELLER MAKES NO REPRESENTATION OR WARRANTY REGARDING (I) COMPLIANCE WITH APPLICABLE BUILDING CODES, (II) ACOUSTICS, CONSISTENCY OF FLOOR SLOPE, OR SOUND TRANSFERENCE WITHIN THE CONDOMINIUM, (III) LIGHT, AIR OR VIEW, OR (IV) THE ABILITY OF THE BUILDING ENVELOPE OR ANY COMPONENTS OF THE CONDOMINIUM TO WITHSTAND WATER INTRUSION. Seller shall not be responsible for damage to the Unit, Common Elements, or the Condominium (i) caused by normal wear and tear; (ii) caused by Purchaser, the Association, or other parties, whether by misuse, abuse, failure to properly maintain the Unit and Common Elements, or otherwise; (iii) exacerbated by Purchaser, the Association, or other parties, or allowed by Purchaser or the Association to be exacerbated, including, without limitation, damages exacerbated by Purchaser or the Association, as applicable, failing to allow Seller access to the Unit or Condominium, as applicable, to perform warranty work; (iv) related to work performed in or on the Unit, Common Elements, or the Condominium by or on behalf of the Purchaser, Association, or parties other than Seller; or (v) any other items covered by a manufacturer’s warranty. Any warranty work performed by Seller and its representatives will be during Seller’s normal weekday hours and Purchaser agrees to provide access therefor in a timely fashion. The warranty term shall not be extended by any warranty repair or replacement work by Seller or its representatives. Seller makes no warranty regarding soundproofing of units and transmission of sounds between units and other areas of the Condominium shall not be considered a construction defect.

Appears in 2 contracts

Samples: Private Inspection Agreement, Private Inspection Agreement

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Xx Other Warranties. TO THE FULLEST EXTENT PROVIDED BY LAW, SELLER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES REGARDING CONSUMER PRODUCTS AS DEFINED IN THE XXXXXXXXX-XXXX WARRANTY ACT OR THE UNIFORM COMMERCIAL CODE, WITH RESPECT TO THE BUILDING, THE UNIT, COMMON ELEMENTS, OR ANY OTHER PART OF THE CONDOMINIUM (THE “PROPERTY”) OTHER THAN THOSE EXPRESSLY DESCRIBED IN THIS SECTION 8. PURCHASER ACCEPTS THE PROPERTY IN ITS AS IS CONDITION AT CLOSING, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND EXCEPT FOR THE EXPRESS WARRANTY OF THIS SECTION, IF ANY. WITHOUT LIMITATION TO THE FOREGOING, AND EXCEPT FOR THE EXPRESS WARRANTY OF THIS SECTION 8, SELLER MAKES NO REPRESENTATION OR WARRANTY REGARDING (I) COMPLIANCE WITH APPLICABLE BUILDING CODES, (II) ACOUSTICS, CONSISTENCY OF FLOOR SLOPE, OR SOUND TRANSFERENCE WITHIN THE CONDOMINIUM, (III) LIGHT, AIR OR VIEW, OR (IV) THE ABILITY OF THE BUILDING ENVELOPE OR ANY COMPONENTS OF THE CONDOMINIUM TO WITHSTAND WATER INTRUSION. Seller shall not be responsible for damage to the Unit, Common Elements, or the Condominium (i) caused by normal wear and tear; (ii) caused by Purchaser, the Association, or other parties, whether by misuse, abuse, failure to properly maintain the Unit and Common Elements, or otherwise; (iii) exacerbated by Purchaser, the Association, or other parties, or allowed by Purchaser or the Association to be exacerbated, including, without limitation, damages exacerbated by Purchaser or the Association, as applicable, failing to allow Seller access to the Unit or Condominium, as applicable, to perform warranty work; (iv) related to work performed in or on the Unit, Common Elements, or the Condominium by or on behalf of the Purchaser, Association, or parties other than Seller; or (v) any other items covered by a manufacturer’s warranty. Any warranty work performed by Seller and its representatives will be during Seller’s normal weekday hours and Purchaser agrees to provide access therefor in a timely fashion. The warranty term shall not be extended by any warranty repair or replacement work by Seller or its representatives. Seller makes no warranty regarding soundproofing of units and transmission of sounds between units and other areas of the Condominium shall not be considered a construction defect.

Appears in 2 contracts

Samples: Private Inspection Agreement, Private Inspection Agreement

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