Warranty and Limitation of Liability. PBI PROVIDES YOU WITH THE LIMITED WARRANTIES IN SECTION 1. PBGFS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FREEDOM FROM INTERFERENCE OR INFRINGEMENT, AND PBGFS ISN’T LIABLE FOR ANY LOSS, DAMAGE (INCLUDING INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES) OR EXPENSE CAUSED DIRECTLY OR INDIRECTLY BY THE EQUIPMENT.
Warranty and Limitation of Liability. BECAUSE THE BETA MATERIALS ARE STILL IN DEVELOPMENT, THEM AND ANY ASSOCIATED SERVICES, INCLUDING ANY DATA HOSTING OR PROCESSING TO YOU, HEREUNDER ARE PROVIDED TO YOU “AS IS”, WITHOUT ANY WARRANTY WHATSOEVER. MAGNET DISCLAIMS ALL IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS IN RELATION TO THE BETA MATERIALS AND RELATED SERVICES, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY OR NON-INFRINGEMENT. IN NO EVENT WILL MAGNET BE LIABLE TO YOU OR TO ANY OTHER PARTY FOR ANY LOSS, DAMAGE, COST, INJURY OR EXPENSE, INCLUDING LOSS OF TIME, MONEY OR GOODWILL, OR FOR DAMAGES OF ANY KIND, WHETHER DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL IN RELATION TO THE BETA MATERIALS OR RELATED SERVICES. YOU AGREE THAT NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF MAGNET UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING IS LIMITED TO ONE HUNDRED DOLLARS ($100 U.S.). THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL MAGNET BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES.
Warranty and Limitation of Liability. Seller warrants that all goods, services and work supplied by Seller (collectively referred to throughout as “Goods”) shall be of the type stated on the corresponding sales invoice issued by Seller, except as otherwise set forth in these Terms. THE FOREGOING WARRANTY IS SELLER’S SOLE WARRANTY WITH RESPECT TO THE GOODS. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. Buyer waives all warranty claims, if any, related to Goods not raised within 30 days of delivery of such Goods. Buyer is encouraged to test any Goods at Seller’s facility, during normal business hours, to confirm the Goods meet Buyer’s expectations. Buyer acknowledges it is not relying on Seller to select the Goods or determine the appropriateness of the Goods for Buyer’s intended use. Goods purchased on the basis of weight are subject to customary quantity variations recognized by practice in the industry. Seller’s liability to Buyer, whether in contract, in tort, under any warranty, in negligence or otherwise, shall not exceed a sum equal to the amount of the purchase price paid by Buyer for the Goods at issue. UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES. The price stated for the Goods is consideration for limiting Seller’s liability. The parties intend the exclusion of consequential damages as an independent agreement apart from the sole and exclusive remedy herein. Buyer’s sole remedy, whether in contract, tort, under any warranty, in negligence or otherwise, shall be a refund of the purchase price paid by Buyer or replacement of the Goods, at Seller’s election. This remedy is intended to be the sole and exclusive remedy of the Buyer under this Agreement and for any breach of warranty, if any. No action by Buyer, regardless of form, arising out of this transaction, may be brought by Buyer more than one (1) year after the date of this Agreement. Nothing contained in this section is intended to be a warranty extending to the future performance of Goods.
Warranty and Limitation of Liability. 14. Pezzottaite Journals and it's licensors disclaim all warranties, express or implied, including, but not limited to, warranties of merchantability, non-infringement, or fitness for a particular purpose. Neither Pezzottaite Journals nor it's licensors assume or authorizes any other person to assume for Pezzottaite Journals or it's licensors any other liability in connection with the licensing of the Database (s) or the Services under this Agreement and / or its use thereof by the Licensee and Sites or Authorized Users. UNDER NO CIRCUMSTANCES SHALL THE PUBLISHER BE LIABLE TO THE LICENSEE, OR ANY AUTHORISED USER OR ANY OTHER PERSON, FOR ANY SPECIAL, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE INABILITY TO USE, OR THE USE OF, THE LICENSED MATERIALS. THE PUBLISHER'S AGGREGATE LIABILITY FOR ANY CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF ANY BREACH OF THIS LICENCE SHALL IN NO CIRCUMSTANCES EXCEED THE FEE PAID BY LICENSEE UNDER THIS LICENCE IN RESPECT OF THE SUBSCRIPTION PERIOD DURING WHICH SUCH CLAIM, LOSS OR DAMAGE OCCURRED. THE FOREGOING LIMITATION OF LIABILITY AND EXCLUSION OF CERTAIN DAMAGES SHALL APPLY REGARDLESS OF OTHER REMEDIES. THE LICENSEE MAY BRING NO ACTION ARISING FROM THIS LICENCE MORE THAN 3 MONTHS AFTER THE CAUSE OF ACTION ARISES.
Warranty and Limitation of Liability. 7.1 The Licensor does not warrant that LocalSolver will be error free in all circumstances. The Licensor has provided the Client with the necessary Documentation in connection with LocalSolver. Therefore, the Client knows if the specifications of LocalSolver confer with its expectations. The Client has examined the Documentation provided to it and accepts the terms and conditions of this Agreement. The Client shall be solely responsible for the gap between its real needs and the specifications of LocalSolver. The Licensor warrants only that the Services will be performed in a good and workmanlike manner in accordance with the industry standards. Notwithstanding the Licensor’s reasonable efforts towards correction, the Licensor does not warrant that every Error can or will be corrected or bypassed.
Warranty and Limitation of Liability. 6.1 Licensee expressly acknowledges and agrees that:
Warranty and Limitation of Liability. (a) In relation to the goods we manufacture, to the fullest extent permitted by law, our liability is limited to making good by replacement or repair defects which, under proper use, appear thereon and arise solely from faulty design, material or workmanship within a period of six calendar months after the original goods or equipment have been first despatched, at the termination of which period all liability on our part ceases. For the avoidance of doubt, we are not liable for defects arising out of:
Warranty and Limitation of Liability. L7.1 PBGFS AND THE BANK MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR FREEDOM FROM INTERFERENCE OR INFRINGEMENT.
Warranty and Limitation of Liability. 5.1 Seller warrants that it will give to Buyer good and marketable title to all Concentrates delivered hereunder and that such Concentrates will be delivered free and clear of all liens, claims, charges and encumbrances of any kind and type whatsoever.
Warranty and Limitation of Liability. 7.1 LB warrants that:
