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
Sample 1

Examples of Limited Remedy in a sentence

  • Landlord and Tenant hereby agree that the damages available to Landlord as a result of a Limited Remedy Event of Default shall be strictly limited to the LRED Damages and that nothing contained herein or in any other transaction document executed concurrently herewith shall entitle Landlord to additional reimbursement or monetary damages with respect to any such Limited Remedy Event of Default.

  • 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.

  • Nothing contained in this paragraph 23(d) shall limit any amounts payable by Tenant with respect to Basic Rent or Additional Rent if any Event of Default that is not a Limited Remedy Default has occurred.

  • This Limited Warranty for Crystalline PV Modules does not warrant a specific power output, which shall be exclusively covered under Clause 2 hereinafter ("Limited Peak Power Warranty - Limited Remedy").

  • In other words, public authorities are counting on “technological” efficiency to tackle an otherwise “juridical” issue – that pertaining to the liberties/responsibilities of the exploitation of quantitatively and qualitatively critical resources.

  • Lessor and Lessee hereby agree that the damages available to Lessor as a result of a Limited Remedy Event of Default shall be strictly limited to the LRED Damages and that nothing contained herein or in any other transaction document executed concurrently herewith shall entitle Lessor to additional reimbursement or monetary damages with respect to any such Limited Remedy Event of Default.

  • Limited Performance Warranty – 25 Year Limited Remedy Infinity Solar warrants that, for Poly Module, 97.5% in the first year from the Limited Warranty Starting Date, thereafter, for years two (2) through twenty-five (25), 0.7% maximum decrease from Xxxxxx’s nominal power output per year, ending with the 80.7% in the 25th year after the defined Limited Warranty Starting Date.

  • This section provides an overview of related work and concepts included in the model described in Section 4.

  • Sections 3 (Title), 4 (Restrictions), 5 (No Warranty), 6 (Limited Remedy), 7 (Third Party Components), 8 (Support and Maintenance), 10 (Confidentiality), 11 (Communication), 12 (Export Compliance), 13 (General Provisions) and 14 (Relationship) will survive termination of this Agreement.

  • It is also not expected to have material effect on the net assets per share, earnings per share and gearing of the Company for this financial year ending 31st December 2011.

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.

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

  • 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 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.

  • 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.

  • 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.

  • Commercial purpose means the use of any part of a record or records, or information derived from records, in any form for sale, resale, or solicitation or advertisement for sales or services. For purposes of this definition, requests made by news media and non-profit, scientific, or academic organizations shall not be considered to be made for a "commercial purpose" when the principal purpose of the request is:

  • 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 has the meaning specified in Section 11.21.

  • 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:

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

  • General-Purpose Software means Software that supports general-purpose office and software development activities and is identified as such in Appendix 4 of the Contract Agreement and such other Software as the parties may agree in writing to be General-Purpose Software. Such General- Purpose Software may include, but is not restricted to, word processing, spreadsheet, generic database management, and application development software.