Buyer’s Remedies definition

Buyer’s Remedies. This section sets forth the sole and exclusive remedies of Buyer in conformity with Sections 10 (“Warran- ties”) and 11 (“Limitation of Damages”) herein, and is expressly in lieu of any other rights or remedies which might be available to Buyer by law. The Buyer hereby accepts the benefit of the consignor’s warranty of title and any other representations and warranties made by the consignor for the Buyer’s benefit. In the event that Buyer proves in writing to Profiles’ satisfaction that there was a breach of the consignor’s warranty of title concerning a lot purchased by Buyer, Profiles shall make demand upon the consignor to pay to Buyer the Purchase Price (including any premiums, taxes, or other amounts paid or due to Profiles). Should the consignor not pay the Purchase Price to Buyer within thirty days after such demand, Profiles shall disclose the iden- tity of the consignor to Buyer and assign to Buyer all of Profiles’ rights against the consignor with respect to such lot or property. Upon such disclosure and assignment, all responsibility and liability, if any, of Profiles with respect to said lot or property shall automatically terminate. Profiles shall be entitled to retain the premiums and other amounts paid to Profiles - this remedy is as to the consignor only. The rights and remedies provided herein are for the original Buyer only and they may not be assigned or relied upon by any transferee or assignee under any circumstances. Lots containing ten or more items are not returnable under any circumstances. The exercise of rights under this Section 13 must be made, if at all, within thirty (30) days of the date of sale.
Sample 1

Examples of Buyer’s Remedies in a sentence

  • Buyer’s Remedies - Buyer’s remedies are cumulative and in addition to all remedies set forth herein or otherwise legally available.

  • Except for paragraphs 9 (Termination at Buyer’s Option) and 11 (Cancellation for Default or Breach; Buyer’s Remedies) of these Terms and Conditions, if any other provision of these Terms and Conditions is inconsistent with the specific provisions of any Order, then the specific provisions of the Order will control.

  • The parties agree that Section 6 (Deposits), Section 19 (Buyer’s Remedies), Section 20.2 (Joint Obligations), Section 20.5 (Governing Law), Section 20.7 (Arbitration/Attorney’s Fees), and Section 20.9 (Waiver of Jury Trial) shall survive any termination of this Contract.

  • The parties agree that Section 6 (Deposits), Section 19 (Buyer’s Remedies), Section 20.2 (Joint Obligations), Section 20.5 (Governing Law), Section 20.7 (Arbitration/Attorney’s Fees), and Section 20.10 (Waiver of Jury Trial) shall survive any termination of this Contract.

  • This Paragraph does not change Seller’s obligations under Paragraph I-2.I-6 Buyer’s Remedies Regarding Mandatory Seller’s Disclosure Statement.

  • Buyer’s Remedies If Seller determines that any product fails to meet any warranty during the applicable war− ranty period, Seller shall correct any such failure by either, at its option, repairing, adjust− ing, or replacing without charge to Buyer any defective or nonconforming product, or part or parts of the product.

  • AHS further alleges that Plaintiffs breached the Agreements by failing to meet its obligations under Section6.3 and seeks specific performance of the Agreements pursuant to Section 11.2, which states: 11.2 Buyer’s Remedies.

  • If Seller fails to consummate the New LLC Transaction, Mezz shall have the right to enforce Buyer’s Remedies as set forth in Section 6.2 or elsewhere in the Purchase Agreement, subject to the terms and conditions contained therein.

  • If Seller fails to timely provide such proration schedule, in addition to Buyer’s Remedies, Buyer shall have the right and option to extend the Closing to a date that three (3) business days after Seller delivers to Buyer such proration schedule and reasonable back-up.

  • SALES READING ASSIGNMENTS Week 8Midterm Exam Warkentine, Chapter 9Covers all chapters to dateBegin Contract Performance Week 9Warkentine, Chapter 9Contract Performance Week 10Warkentine, Chapter 10Warkentine, Chapter 11Excuses for Non-Performance Breach of Contract Week 11Warkentine, Chapter 12RemediesUCC Remedies: An IntroductionWeek 12Warkentine, Chapter 12 (cont'd)Warkentine, Chapter 13Remedies (cont'd) Advance IssuesUCC Remedies: Buyer’s Remedies When the Seller is in breach.

Related to Buyer’s Remedies

  • Permitted Remedies means, with respect to any securities, one or more of the following remedies:

  • Remedies means actions designed to restore or preserve the complainant’s equal access to education after a respondent is found responsible. Remedies may include the same individualized services that constitute supportive measures, but need not be non-punitive or non-disciplinary, nor must they avoid burdening the respondent.

  • Required Percentage-Remedies shall be 66-2/3% of the aggregate Voting Rights.

  • Seller Damages shall have the meaning given to such term in Section 14.3.

  • Seller’s Warranties means Seller’s representations and warranties set forth in Section 9.2 and the Closing Documents executed by Seller, as such representations and warranties may be deemed modified or waived by Buyer pursuant to the terms of this Agreement.

  • Remedy means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal.

  • Closing Conditions shall include, but are not limited to, SI Securities determining in its sole discretion that at the time of a closing, the Minimum Offering has been met, the investment remains suitable for investors, investors have successfully passed ID, KYC, AML, OFAC, and suitability screening, and that Issuer has completed all actions required by it as communicated by SI Securities at the time of a closing.

  • Limitation of Liability PrimePay has negotiated preferred terms and conditions with FD as a service to PrimePay Clients. Client understands that FD, and not PrimePay, will be performing those services and that Client will enter its own service agreement(s) with FD for such services under terms and conditions specified by FD and agreed to by Client. Accordingly, Client acknowledges that FD shall be the provider of Payment Processing Services hereunder and that PrimePay shall have no liability whatsoever for or related to the performance of those services, including any and all damages, costs and related expenses (including attorney fees).

  • Express Waiver I desire to expressly waive any claim of confidentiality as to any and all information contained within our response to the competitive procurement process (e.g. RFP, CSP, Bid, RFQ, etc.) by completing the following and submitting this sheet with our response to Education Service Center Region 8 and TIPS.

  • Environmental Damages means all liabilities (including strict liability), losses, damages (excluding consequential, special, exemplary or punitive damages except to the extent such damages were imposed upon an Indemnitee as a result of any claims made against such Indemnitee by a governmental entity or any other third party), judgments, penalties, fines, costs and expenses (including fees, costs and expenses of attorneys, consultants, contractors, experts and laboratories), of any and every kind or character, at law or in equity, contingent or otherwise, matured or unmatured, foreseeable or unforeseeable, made, incurred, suffered, brought, or imposed at any time and from time to time, whether before or after the Release Date and arising in whole or in part from:

  • Seller Default has the meaning set forth in Section 12.1.

  • Environmental Conditions means any conditions of the environment, including, without limitation, the work place, the ocean, natural resources (including flora or fauna), soil, surface water, ground water, any actual or potential drinking water supply sources, substrata or the ambient air, relating to or arising out of, or caused by the use, handling, storage, treatment, recycling, generation, transportation, Release or threatened Release or other management or mismanagement of Regulated Substances resulting from the use of, or operations on, the Property.

  • Express warranty means an express warranty as set forth in sections 4-2-313 and 4-2.5-210, C.R.S. An express warranty shall cover every part of a new facilitative device.

  • GENERAL AND SPECIAL CONDITIONS OF CONTRACT means the instructions to Tenderer and General and special conditions of contract pertaining to the work for which above tenders have been called for.

  • Buyer Default refers to nonpayment of the Xxxxxxx Money in accordance with the provisions of this Agreement (including nonpayment or dishonor of any check delivered for the Xxxxxxx Money) and/or the failure of this transaction to close due to nonperformance, breach and/or default with respect to the Buyer’s obligation(s) under this Agreement. In the event of a Buyer Default, the following provisions shall apply:

  • Actual Damages has the meaning set forth in Section 12.4(C).

  • Remedies Exception means the extent to which enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar Laws affecting the enforcement of creditors’ rights generally and by general equitable principles.

  • Purchaser’s Warranties means the warranties of the Purchaser set out in Clause 6.2 and Schedule 2;

  • Special Conditions means Special Conditions of Contract, which override the General Conditions, also referred to as SCC.

  • Seller’s Closing Documents as defined in Section 3.2(a).

  • Major Representation means a representation or warranty with respect to the Borrower or the Merger Sub only under any of Clause 18.2 (Status) to Clause 18.6 (Validity and admissibility in evidence) inclusive.

  • Additional Conditions means the terms and conditions set out in the Offer Document.

  • Environmental Damage means any material injury or damage to persons, living organisms or property or any material pollution or impairment of the environment resulting from the discharge, emission, escape or migration of any substance, energy, noise or vibration;

  • Environmental Condition means any condition or circumstance, including the presence of Hazardous Substances which does or would (i) require assessment, investigation, abatement, correction, removal or remediation under any Environmental Law, (ii) give rise to any civil or criminal Liability under any Environmental Law, (iii) create or constitute a public or private nuisance or (iv) constitute a violation of or non-compliance with any Environmental Law.

  • Defects Liability Period (Warranty Period) means the period stated in the Schedule A Special Stipulations, following the taking over, during which the Contractor is responsible for making good defects and damage in accordance with Clause 15.

  • Indemnification Provisions means each of the Debtors’ indemnification provisions currently in place whether in the Debtors’ bylaws, certificates of incorporation, other formation documents, board resolutions, or contracts for the current and former directors, officers, managers, employees, attorneys, other professionals, and agents of the Debtors and such current and former directors’, officers’, and managers’ respective Affiliates.