Seller Warranty Claims definition

Seller Warranty Claims shall have the meaning set forth in Section 6.4(a).
Seller Warranty Claims. Claims under any warranty offered by Seller for repair or replacement of any Product of Seller, together with any other claims that Seller elects to offer in satisfaction thereof, repair, replacement, replacement parts, substitution or alternative Products.
Seller Warranty Claims has the meaning specified in Section 8.5(a).

Examples of Seller Warranty Claims in a sentence

  • If and to the extent that warranties of a third party will, or are reasonably likely to, provide a defense and/or indemnity in respect of any Seller Warranty Claims, Buyer shall (and shall cause each Buyer Group Member to) use its commercially reasonable efforts to recover proceeds available under such third party warranties.

  • The parties acknowledge that as a result of this --------------- Agreement Seller will no longer have the Assets, Equipment and Inventory necessary to satisfy Seller Warranty Claims following the Closing.

  • Therefore following the Closing Purchaser agrees to provide, on a subcontractor basis, such repairs, replacements, replacement parts, service and other products or services necessary to satisfy such Seller Warranty Claims, for an amount in each case equal to Purchaser's direct out of pocket expense.

  • For the avoidance of doubt, the Seller’s maximum aggregate liability under all Seller Warranty Claims (but excluding claims under paragraph 1 of Schedule 2) and the Tax Reassessment Indemnity shall not exceed US$25,000,000.

  • In no event shall the aggregate maximum liability of Seller in respect of Seller Warranty Claims (for indemnification for Damages) exceed US$ 12,000,000 (the “Indemnification Cap”).

  • In addition to the Warranty Claims process described in this Section 9(a), Xxxxx agrees to follow any additional then current Seller Warranty Claims process, which may include obtaining from Seller a return authorization number in order to return any Product.

  • For the avoidance of doubt, the Seller’s maximum aggregate liability under all Seller Warranty Claims (but excluding claims under paragraph ‎1 of Schedule ‎2) and the Tax Reassessment Indemnity shall not exceed US$25,000,000.

Related to Seller Warranty Claims

  • Warranty Claim means a claim for breach of any of the Warranties.

  • Seller Warranties shall have the meaning ascribed to the term in Clause 7.1.

  • Seller Losses has the meaning set forth in Section 10.2(a).

  • Buyer Losses shall have the meaning set forth in Section 11.1 hereof;

  • Purchaser Warranties shall have the meaning ascribed to the term in Clause 8.1;

  • Purchaser Losses shall have the meaning set forth in Section 9.1(a).

  • 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.

  • Pre-Closing Environmental Liabilities means all environmental conditions at or arising from operations at the Owned Real Property at any time prior to the Closing Date, irrespective of the date of its discovery, including arising as a result of the presence or any Release of any Hazardous Substance on, at, under or migrating onto or from the Owned Real Property, including any environmental conditions on, at, under or migrating onto or from the Owned Real Property in Schedule 1.1(3).

  • Title Defects has the meaning set forth in Section 5.15(b).

  • Third Party Claims has the meaning set forth in Section 11.1.

  • Seller Use means fuel used for gas compression, LPG plants and LNG plants, other gas needed by Seller's facilities to furnish the requirements of Buyers, together with unaccounted for gas. This gas shall be considered Included In Priority of Service Category 1. Other vital uses of Seller, such as flame stabilization requirements, will be met as long as such uses do not jeopardize service to its firm service Buyers.

  • Infringement Claim has the meaning set forth in Section 8.2(a).

  • Environmental Losses means all costs and expenses of any kind, damages, including foreseeable and unforeseeable consequential damages, fines and penalties incurred in connection with any violation of and compliance with Environmental Requirements and all losses of any kind attributable to the diminution of value, loss of use or adverse effects on marketability or use of any portion of the Premises or Property.

  • Excluded Liability means any liability that is excluded under the Bail-In Legislation from the scope of any Bail-In Action including, without limitation, any liability excluded pursuant to Article 44 of the Bank Recovery and Resolution Directive.

  • Seller IP means (a) all Intellectual Property Rights in or pertaining to the Seller Products or methods or processes used or incorporated in the Seller Products, and (b) all other Intellectual Property Rights owned by or exclusively licensed to the Seller.

  • Seller Liens shall have the meaning set forth in Section 4.3.

  • Title Defect as used herein shall mean any encumbrance, encroachment, irregularity, defect in or objection to Seller’s title to the Leases and Xxxxx (excluding Permitted Encumbrances) which would result in Seller not having Defensible Title.

  • Seller Fundamental Representations means the representations and warranties of Seller contained in Section 3.01 (Existence and Power), Section 3.02 (Authorization), Section 3.05 (Group Companies) (other than Section 3.05(e)) and Section 3.21 (Finders’ Fees).

  • Indemnity Claim has the meaning set forth in Section 8.3.

  • Covered Environmental Losses means all environmental losses, damages, liabilities, claims, demands, causes of action, judgments, settlements, fines, penalties, costs and expenses (including, without limitation, costs and expenses of any Environmental Activity, court costs and reasonable attorney’s and experts’ fees) of any and every kind or character, by reason of or arising out of:

  • Rejection Damages Claim means any Claim on account of the rejection of an Executory Contract or Unexpired Lease pursuant to section 365 of the Bankruptcy Code or the repudiation of such contract.

  • Product Liability Claim means a Claim of a Third Party (other than a Claim arising out of use of the Product in a clinical trial) that (i) arises as a result of the use of the Product during the Term that results in personal injury or death or (ii) is in anticipation of or intended to prevent or forestall personal injury or death as a result of the use of the Product during the Term.

  • Third Party Infringement Claim has the meaning set forth in Section 23.5.1.

  • Manufacturer’s Warranty means the warranty supplied from time to time by the manufacturer of the Goods as at the date of the acceptance of the Statement of Work; “PPSA” means the Personal Property Securities Xxx 0000; “Price” means the amount specified within each Statement of Work (subject to any Variation) or as otherwise specified from the Company to the Customer representing the cost for the Works; “Related Work” means any additional building, carpentry, painting, plastering, plumbing or other work or other trades that the Customer requires, which are not to be carried out by the Company; “Services” means the services provided by the Company to the Customer as part of the Works, which may include without limitation the installation of Goods; “Services Delay Charge” means the services delay charge (if any) set out in the Statement of Work; “Services Interruption Event” means any interruption to a Works caused by; a Force Majeure Event, the Customer’s failure to carry out or perform any obligation required of it under this agreement which in the sole opinion of the Company does or may cause a delay in the Works and any other matter which in the reasonable opinion of the Company will cause an interruption or delay in the performance of the Works; “Statement of Work” means the details outlining the provision of the Works, which statement can be delivered verbally or in writing (including email) and may include (where applicable) an estimate or quotation (as specifically expressed as the case) of costs; “Variation” means a change in the Statement of Work including the specifications, scope, time of supply, price or scale of the Works and such variation shall form part of this agreement; “Workmanship” means a good and high quality and standard of delivery in connection with the Services performed; “Works” means the supply of Goods and the provision of Services to the Customer as per each Statement of Work;

  • Tax Warranties means the warranties contained in Part 2 of Schedule 8;