LIMITATION OF DAMAGES definition

LIMITATION OF DAMAGES. The purpose of this provision is to limit the amount of money damages that the Client can recover from the Company and/or its representatives. The maximum amount of money that the Client may claim and recover is hereby limited to three times the cost of the home inspection fee paid by the Client. This limitation applies to every type of claim or cause of action arising out of or in any way relating to this Agreement, the inspection or report. Including but not limited to breach of contract, negligence, negligent misrepresentation, CUTPA and any other legal theory. Re-inspections are not included within this agreement.
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LIMITATION OF DAMAGES. The purpose of this provision is to limit the amount of money damages that the Client can recover from the Company and/or its representatives. The maximum amount of money that the Client may claim and recover is two times the amount paid for the home inspection, not to exceed $2500. This limitation applies to every type of claim or cause of action arising out of or in any way relating to this Agreement, the inspection or report, including, but not limited to, breach of contract, negligence, negligent misrepresentation, CUTPA and any other legal theory. If the Client pays the Company an additional $1,500 the limitation on liability shall be eliminated as the Company will then be able to hire additional professionals to complete a more detailed inspection.
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LIMITATION OF DAMAGES. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS: ORAL, WRITTEN, EXPRESSED OR IMPLIED. IN NO EVENT WILL RATANA BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING FROM THE USE OR INABILITY TO USE THIS PRODUCT. Effective: Sept 12, 2018 Updated: June, 2018 Commercial Warranty Ratana's furniture contract warranty is a limited warranty which is valid from the date of purchase to the original purchaser with proof of purchase (original itemized sales receipt with date of purchase). This limited warranty covers SPECIFIC CONTRACT FURNITURE FOR NORMAL COMMERCIAL USE. Proper maintenance including routine cleaning, maintenance and tightening of all screws and bolts, replacement of worn glides, lubrication of mechanical parts and removal of products in severe climates and high winds is required to keep this warranty in effect. (Please refer to Ratana website for product care and maintenance) Stainless Steel Frame Furniture The Ratana warranty covers stainless steel frame collections for 5 years from date of purchase against structural failure and covers 3 years weaving defects in materials and workmanship from the date of purchase. Scratches and chips resulting from normal wear and tear are not covered. WARRANTY DOES NOT COVER MINOR VARIATIONS IN COLOR, TEXTURE OR FINISHES AND SURFACE IMPERFECTIONS THAT RESULT FROM THE CASTING AND/OR FINISHING PROCESS. The Ratana woven resin warranty is valid for 3 years from date of purchase against abnormal discoloration and/or fading due to defects in raw materials. Fading and/or discoloration resulting from exposure to the elements, chemical spills, fluids, stains, oil, water damage or any other causes are not covered. Unraveling due to normal wear and tear is not covered. Extruded Aluminum Furniture
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Examples of LIMITATION OF DAMAGES in a sentence

  • THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.

  • THE EXISTENCE OF MULTIPLE CLAIMS OR SUITS UNDER OR RELATED TO THIS AGREEMENT WILL NOT ENLARGE OR EXTEND THIS LIMITATION OF DAMAGES.

  • SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON WARRANTIES OR EXCLUSIONS OR LIMITATION OF DAMAGES.

  • THE LIMITATIONS SET FORTH IN THIS SECTION 7.2 (LIMITATION OF DAMAGES) SHALL NOT APPLY WITH RESPECT TO (A) ANY BREACH OF ARTICLE 8 (CONFIDENTIALITY) OR (B) THE INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF A PARTY.

  • THIS LIMITATION OF DAMAGES, INCLUDES, WITHOUT LIMITATION, ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING FROM OR RELATED TO THE USE OR MISUSE OF YOUR ACCOUNT.

  • SOME STATES AND COUNTRIES DO NOT ALLOW, OR RESTRICT, THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY, OR MAY ONLY APPLY TO A LIMITED EXTENTThis warranty is offered by Enphase Energy, Inc.

  • LIMITED WARRANTY, LIMITATION OF DAMAGES AND DISCLAIMER OF LIABILITY FOR DAMAGES: THE WARRANTOR’S OBLIGATION UNDER THIS WARRANTY IS LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCT, AT THE WARRANTOR’S OPTION AS TO REPAIR OR REPLACEMENT.

  • NOTHING IN THIS SECTION 8.2 (LIMITATION OF DAMAGES) IS INTENDED TO LIMIT OR RESTRICT THE INDEMNIFICATION RIGHTS OR OBLIGATIONS OF A PARTY UNDER THIS ARTICLE 8 (INDEMNIFICATION) WITH RESPECT TO ANY DAMAGES PAID BY THE OTHER PARTY TO A THIRD PARTY IN CONNECTION WITH A THIRD-PARTY CLAIM.

  • THESE LIMITATION OF DAMAGES AND REMEDIES CONSTITUTE THE SOLE AND EXCLUSIVE REMEDIES AND MEASURE OF DAMAGES.

  • NOTHING IN THIS SECTION 7.2 (LIMITATION OF DAMAGES) IS INTENDED TO LIMIT OR RESTRICT THE INDEMNIFICATION RIGHTS OR OBLIGATIONS OF A PARTY UNDER THIS ARTICLE 7 (INDEMNIFICATION) WITH RESPECT TO ANY DAMAGES PAID BY THE OTHER PARTY TO A THIRD PARTY IN CONNECTION WITH A THIRD-PARTY CLAIM.


More Definitions of LIMITATION OF DAMAGES

LIMITATION OF DAMAGES. THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS: ORAL, WRITTEN, EXPRESSED OR IMPLIED. IN NO EVENT WILL RATANA BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING FROM THE USE OR INABILITY TO USE THIS PRODUCT.
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LIMITATION OF DAMAGES. RAIL PRY TOOL INC. SHALL NOT BE LIABLE TO CUSTOMER FOR ANY EXEMPLARY, PROXIMATE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHER THEORY IN LAW OR EQUITY, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF PRODUCTION, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE PRODUCT, TO THE FULL EXTENT THAT THESE DAMAGES MAY BE DISCLAIMED BY LAW. RAIL PRY TOOL INC.’S MAXIMUM LIABILITY TO CUSTOMER SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT GIVING RISE TO THE CLAIM, DEMAND, OR CAUSE OF ACTION. Rail Pry Tool Inc. shall not be held responsible for voidance of any vehicle warranty, truck bed warranty, or other third-party equipment warranty arising out of or in connection with the use of this product. Customer assumes all possible risk, damages, and associated costs of the voidance of any third-party warranty arising from the use of this product. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.
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Related to LIMITATION OF DAMAGES

  • 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).

  • Special Damages has the meaning specified in Section 11.21.

  • Cover Damages means, with respect to any Delivery Failure, an amount equal to (a) the positive net amount, if, any, by which the Replacement Price exceeds the applicable Price that would have been paid pursuant to Section 5.1 hereof, multiplied by the quantity of that Delivery Failure, plus (b) any applicable penalties and other costs assessed by ISO-NE or any other Person against Buyer as a result of Seller’s failure to deliver such Products in accordance with the terms of this Agreement. Buyer shall provide a statement for the applicable period explaining in reasonable detail the calculation of any Cover Damages.

  • Punitive Damages are those damages awarded as a penalty, the amount of which is neither governed nor fixed by statute.

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

  • Consequential Damages means Losses claimed to have resulted from any indirect, incidental, reliance, special, consequential, punitive, exemplary, multiple or any other Loss, including damages claimed to have resulted from harm to business, loss of anticipated revenues, savings, or profits, or other economic Loss claimed to have been suffered not measured by the prevailing Party’s actual damages, and any other damages typically considered consequential damages under Applicable Law, regardless of whether the Parties knew or had been advised of the possibility that such damages could result in connection with or arising from anything said, omitted, or done hereunder or related hereto, including willful acts or omissions.

  • Indemnified Damages shall have the meaning assigned to such term in Section 6(a).

  • Compensatory Damages are those amounts awarded to compensate for the actual damages sustained, and are not awarded as a penalty, nor fixed in amount by statute.

  • Delay Damages means the damages assessed pursuant to Section 3.2(a) hereof.

  • Attorneys’ Fees means the full and actual cost of any legal services actually performed in connection with the matter involved calculated on the basis of the usual fee charged by the attorney performing such services and shall not be limited to "reasonable attorneys' fees" as defined in any statute or rule of court.

  • Economic damages means objectively verifiable monetary losses, including medical expenses, loss of earnings, burial costs, loss of use of property, cost of replacement or repair, cost of obtaining substitute domestic services, loss of employment, and loss of business or employment opportunities.

  • Indemnification Obligations means each of the Debtors’ indemnification obligations in place as of the Effective Date, whether in the bylaws, certificates of incorporation or formation, limited liability company agreements, other organizational or formation documents, board resolutions, management or indemnification agreements, or employment or other contracts, for their current and former directors, officers, managers, members, employees, attorneys, accountants, investment bankers, and other professionals and agents of the Debtors.

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

  • 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.

  • Direct Damage has the meaning given to it in clause 26.2;

  • Indemnification Obligation means any existing or future obligation of any Debtor to indemnify current and former directors, officers, members, managers, sponsors, agents or employees of any of the Debtors who served in such capacity, with respect to or based upon such service or any act or omission taken or not taken in any of such capacities, or for or on behalf of any Debtor, whether pursuant to agreement, letters, the Debtors’ respective memoranda, articles or certificates of incorporation, corporate charters, bylaws, operating agreements, limited liability company agreements, or similar corporate or organizational documents or other applicable contract or law in effect as of the Effective Date.

  • 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:

  • Damages means any loss, claim, damage, liability, costs and expenses (including, without limitation, reasonable attorney's fees and disbursements and costs and expenses of expert witnesses and investigation).

  • Daily Delay Damages means with respect to a Guaranteed Project Milestone, an amount equal to (a) the Project Development Security Amount posted as of the first date that Daily Delay Damages are payable under this Agreement with respect to such Guaranteed Project Milestone, divided by (b) 120.

  • 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.

  • Attorneys’ Fees and Expenses means such funds as may be awarded to Class Counsel by the Court to compensate them (and all other attorneys for Plaintiff or the Settlement Class) for their fees and all expenses incurred by Plaintiff or Class Counsel in connection with the Litigation.

  • Noneconomic damages ’ means damages for phys-

  • Indemnifiable Damages shall have the meaning set forth in Section 9.1 herein.

  • Resale Damages means, with respect to any Rejected Purchase, an amount equal to (a) the positive net amount, if any, by which the applicable Price that would have been paid pursuant to Section 5.1 hereof for such Rejected Purchase, had it been accepted, exceeds the Resale Price multiplied by the quantity of that Rejected Purchase, plus (b) any applicable penalties assessed by ISO-NE or any other Person against Seller as a result of Buyer’s failure to accept such Products. Seller shall provide a written statement explaining in reasonable detail the calculation of any Resale Damages.

  • Breach of Agreement provisions of Section 5(a)(ii) will apply to Party A and will not apply to Party B.

  • AND LIABILITY LIMITS State Street shall assume no responsibility for lost interest with respect to the refundable amount of any unauthorized payment order, unless State Street is notified of the unauthorized payment order within thirty (30) days of notification by State Street of the acceptance of such payment order. In no event shall State Street be liable for special, indirect or consequential damages, even if advised of the possibility of such damages and even for failure to execute a payment order.