Limited Remedy definition

Limited Remedy. Seller's entire liability and Buyer's exclusive remedy with respect to any breach of the foregoing warranty will be, at Seller's sole option and election, to either (i) issue a credit based on the lower of Buyer's acquisition cost or Seller's current listed Product price, (ii) replace, or (iii) repair the Product, provided that the defective Product is returned to Seller within the warranty period in accordance with the return procedures set forth below and with all original shipping and packaging materials. In the event Seller Buyer shall request authorization from Seller prior to return of any products that Buyer finds to be defective. Buyer first shall call the Seller to obtain a Return Material Authorization Number (“RMA"). After receiving the RMA from Seller, Buyer shall ship the nonconforming Products to Seller F.O.B. Seller's facility, freight prepaid, pursuant to the shipping and other requirements specified by Seller with the RMA prominently displayed on the shipping container for the nonconforming Products. All Products returned shall be subject to final review and evaluation by Seller to confirm their noncompliance with the Warranty Disclaimer: EXCEPT FOR THE LIMITED WARRANTY STATED ABOVE. THE PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. SELLER SPECIFICALLY DISCLAIMS RESPONSIBILITY FOR THE SUITABILITY OF ANY PRODUCT FOR ANY PURPOSE OTHER THAN AS EXPRESSLY SET FORTH IN THE PRODUCT'S SELLER-APPROVED LITERATURE, AND FURTHER DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR USE OR PARTICULAR PURPOSE, AND ANY AND ALL OTHER WARRANTIES OF ANY KIND WHATSOEVER.
Sample 1

Examples of Limited Remedy in a sentence

  • Warranty, Limited Remedy, and Disclaimer: Unless a different warranty is specifically stated on the applicable 3M product packaging or product literature (in which case such warranty governs), 3M warrants that each 3M product meets the applicable 3M product specification at the time 3M ships the product.

  • Warranty and Limited Remedy Technical Information: The technical information, recommendations and other statements contained in this document are based upon tests or experience that 3M believes are reliable, but the accuracy or completeness of such information is not guaranteed.

  • Warranty, Limited Remedy, and Disclaimer: Unless an additional warranty is specifically stated on the applicable 3M product packaging or product literature, 3M warrants that each 3M product meets the applicable 3M product specification at the time 3M ships the product.

  • LIMITATION OF LIABILITY: Intertape and seller shall not be liable for direct, indirect, special, incidental or consequential damages based upon breach of warranty, breach of contract, negligence, strict liability or any other legal theory.The foregoing Equipment Warranty and Limited Remedy and Limitation of Liability may be changed only by written agreement signed by authorized officers of Intertape and seller.

  • Limitation of liability: Intertape and seller shall not be liable for direct, indirect, special, incidental or consequential damages based upon breach of warranty, breach of contract, negligence, strict liability or any other legal theory.The foregoing Equipment Warranty and Limited Remedy and Limitation of Liability may be changed only by written agreement signed by authorized officers of Intertape and seller.

  • This Limited Product Warranty does not warrant a specific power output, which shall be exclusively covered under clause 2 hereinafter (Limited Pmax Warranty and Limited Remedy).

  • Failure to properly evaluate, select, and use a 3M product in accordance with all applicable instructions and with appropriate safety equipment, or to meet all applicable safety regulations, may result in injury, sickness, death, and/or harm to property.Warranty, Limited Remedy, and Disclaimer: A limitation of liability applies to the 3M product(s).

  • Warranty and Limited Remedy The product(s) in the gift box(es) will meet 3M's or the manufacturer's specifications at the time of shipment.

  • The foregoing Equipment Warranty and Limited Remedy and Limitation of Liability may be changed only by written agreement signed by authorized officers of Intertape and seller.

  • Given the variety of factors that can affect the use and performance of a 3M product, user is solely responsible for evaluating the 3M product and determining whether it is fit for a purpose and suitable for user’s methodof application.Warranty, Limited Remedy and DisclaimerUnless an additional warranty is specifically stated on the applicable 3M product packaging or product literature, 3M warrants that each 3M product meets the applicable 3M product specification at the time 3M ships the product.

Related to Limited Remedy

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

  • Limited Recourse means a letter of credit, revolving loan commitment, cash collateral account, guarantee or other credit enhancement issued by the Issuer or any of its Restricted Subsidiaries (other than a Receivables Subsidiary) in connection with the incurrence of Indebtedness by a Receivables Subsidiary under a Qualified Receivables Financing; provided that, the aggregate amount of such letter of credit reimbursement obligations and the aggregate available amount of such revolving loan commitments, cash collateral accounts, guarantees or other such credit enhancements of the Issuer and its Restricted Subsidiaries (other than a Receivables Subsidiary) shall not exceed 25% of the principal amount of such Indebtedness at any time.

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

  • Breach of system security means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of sensitive personal information maintained by a person, including data that is encrypted if the person accessing the data has the key required to decrypt the data. Good faith acquisition of sensitive personal information by an employee or agent of the person for the purposes of the person is not a breach of system security unless the person uses or discloses the sensitive personal information in an unauthorized manner. Business and Commerce Code 521.053(a)

  • Breach of trust means a breach of any duty imposed on a trustee by this Act or by the terms of the trust;

  • Limitation of Liability Insert the following Section 15, after Section 14:

  • 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. Signature Date

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

  • 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.

  • Minimum Extended Summer Resource Requirement means, for Delivery Years through May 31, 2017, the minimum amount of capacity that PJM will seek to procure from Extended Summer Demand Resources and Annual Resources for the PJM Region and for each Locational Deliverability Area for which the Office of the Interconnection is required under Tariff, Attachment DD, section 5.10(a) to establish a separate VRR Curve for such Delivery Year. For the PJM Region, the Minimum Extended Summer Resource Requirement shall be equal to the RTO Reliability Requirement minus [the Limited Demand Resource Reliability Target for the PJM Region in Unforced Capacity]. For an LDA, the Minimum Extended Summer Resource Requirement shall be equal to the LDA Reliability Requirement minus [the LDA CETL] minus [the Limited Demand Resource Reliability Target for such LDA in Unforced Capacity]. The LDA CETL may be adjusted pro rata for the amount of load served under the FRR Alternative. Minimum Generation Emergency:

  • Structural damage means a covered building, regardless of the date of its construction, has experienced the following.

  • Exercise of Secured Creditor Remedies means, except as otherwise provided in the final sentence of this definition:

  • Complications of Pregnancy means conditions whose diagnoses are distinct from pregnancy but are adversely affected by pregnancy or are caused by pregnancy. These conditions include acute nephritis, nephrosis, cardiac decompensation, missed abortion and similar medical and surgical conditions of comparable severity. Complications of pregnancy also include nonelective cesarean section, ectopic pregnancy which is terminated and spontaneous termination of pregnancy, which occurs during a period of gestation in which a viable birth is not possible.

  • Limited Warranty means the limited warranties and your coverage provided by IKO for your Shingles as expressly set out in this document, and are the only warranties being provided by IKO.

  • Limit of Liability means, with respect to any Insuring Agreement, the limit of liability of the Underwriter for any Single Loss covered by such Insuring Agreement as set forth under the heading “Limit of Liability” in Item 3 of the Declarations or in any Rider for such Insuring Agreement.

  • 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.

  • Minimum Essential Coverage has the meaning given in the Affordable Care Act, 26 U.S.C. §5000A(f).

  • Residential purposes means use for dwelling or recreational purposes, or both.

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

  • Special Damages shall have the meaning as set forth in Section 5.07.

  • 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.

  • Exercise Any Secured Creditor Remedies or “Exercise of Secured Creditor Remedies” shall mean, except as otherwise provided in the final sentence of this definition:

  • Major Damage means damage that in the estimation of the surveyor exceeds USD

  • Breach of Duty means the Director or Officer breached or failed to perform his or her duties to the Corporation and his or her breach of or failure to perform those duties is determined, in accordance with Section 8.04, to constitute misconduct under Section 180.0851 (2) (a) 1, 2, 3 or 4 of the Statute.

  • Loss or Damage means any loss or damage to the Vehicle, including that caused by theft of the Vehicle or by adverse weather events, that requires repair or replacement including the loss of use of the Vehicle (demurrage), legal expenses, assessment fees, towing and recovery costs, storage, service charges and any appraisal fees of the Vehicle;