Examples of Fundamental Warranty Claim in a sentence
Failure to give reasonable details of any Fundamental Warranty Claim shall not prevent UM or any Seller (as applicable) from proceeding with any Fundamental Warranty Claim otherwise made properly under this Agreement.
For the avoidance of doubt, an IP Warranty Breach and a Fundamental Warranty Breach shall constitute a Warranty Breach, and a Third Party IP Warranty Claim and a Fundamental Warranty Claim shall constitute a Third Party Warranty Claim.
The Buyer shall repay to the Seller the amount so recovered (less any reasonable out of pocket expenses incurred by the Buyer or the Company in recovering the sum and any Tax attributable to or suffered in respect of the sum recovered), provided that, if the amount so recovered exceeds the amount of the Fundamental Warranty Claim or Warranty Claim satisfied by the Seller, the Buyer shall be entitled to retain the excess.
The Seller shall only be liable to make a payment to the Buyer in respect of any Fundamental Warranty Claim when liability has been admitted in writing by the Seller or when such liability has been finally determined by the court or arbitral tribunal of competent jurisdiction pursuant to Clause 25.
These data may require additional scrutiny with the possibility of qualification or rejection based upon the DQO.