Warranty; Limitation of Liability. (a) Supplier warrants that all PET Products sold to Purchaser (i) shall be free from defects in workmanship and materials, except for any defects arising out of actions taken by or at the direction of Purchaser or materials provided by or on behalf of Purchaser and (ii) shall comply with the historical specifications for Existing PET Products and with any agreed upon specifications for New PET Products. Supplier’s liability under this warranty, whether in contract or tort, shall be limited exclusively to the repayment of the purchase price of the defective PET Products. Supplier will make no other warranties with respect to the PET Products. OTHER THAN THE ABOVE WARRANTY, SUPPLIER MAKES NO WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS OR OTHERWISE, EXPRESS OR IMPLIED, IN FACT OR BY LAW, AND SUPPLIER SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE PET PRODUCTS. SUBJECT TO THE FOLLOWING SENTENCE, SUPPLIER SHALL IN NO EVENT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES. Notwithstanding the foregoing, Supplier shall indemnify Purchaser for reasonable and customary line hour charges actually paid to the Constar Customers by Purchaser that directly result from Supplier’s breach of the above warranty; provided, that such line hour charges shall be no greater than the line hour charges paid by Purchaser to other similar Constar Customers under similar circumstances.
(b) Purchaser agrees to waive all claims for shortages in the PET Products ordered and received hereunder unless such claims are submitted in writing to Supplier within 30 days after receiving notice from the Constar Customer of such shortage.
(c) Subject to the above provisions, Purchaser shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues.
(d) Supplier shall not be liable for, and Purchaser assumes responsibility for, all personal injury and property damage resulting from the handling, possession, use or resale of the PET Products produced hereunder after such PET Products are delivered to the applicable Constar Customer, whether the same is used alone or in combination with other substances, except to the extent any such personal injury or property damage results from the willful misconduct of Supplier.
Warranty; Limitation of Liability. PROVIDER MAKES NO WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE OF THE SERVICES, OR ANY EQUIPMENT, SOFTWARE OR SUPPLIES ACQUIRED FOR CUSTOMER, SERVICE, OR AS TO ANY OTHER MATTER, ALL OF WHICH WARRANTIES BY PROVIDER ARE HEREBY EXCLUDED AND DISCLAIMED. IN NO EVENT SHALL PROVIDER BE LIABLE TO CUSTOMER OR ANY OTHER PERSON, FIRM OR ENTITY IN ANY RESPECT, INCLUDING, WITHOUT LIMITATION, FOR ANY DAMAGES, EITHER DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, ACTUAL, PUNITIVE, OR FOR ANY OTHER DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, ARISING OUT OF ANY CLAIM OR DISPUTE INCLUDING BUT NOT LIMITED TO THOSE ARISING OUT OF MISTAKES, NEGLIGENCE, ACCIDENTS, ERRORS, OMISSIONS, INTERRUPTIONS OR DEFECTS IN TRANSMISSION, CONNECTIONS, SERVICES OR DELAYS, INCLUDING, BUT NOT LIMITED TO, THOSE WHICH MAY BE CAUSED BY REGULATORY OR JUDICIAL AUTHORITIES ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE OBLIGATIONS OF PROVIDER PURSUANT TO THE AGREEMENT. In any event, the amount of damages due from PROVIDER to Customer shall never exceed, and shall be limited to, a credit allowance equal to all payments made to the date of the claim, but not to exceed one (1) months’ service fee at current rates. Without limiting the foregoing, PROVIDER shall have no obligation to provide alternative services to those it has agreed to provide pursuant to the Agreement.
Warranty; Limitation of Liability. 6.3.1 Provider warrants to Seller that the Services furnished under this Agreement will be furnished in a professional and workmanlike manner and in conformance with the metrics set forth in this Agreement.
6.3.2 Except for liabilities described in clauses (i) and (ii) below, Provider's and Xxxxxx's total liability hereunder will be limited to a maximum amount of [AMOUNT]. The limitations of this Section shall not apply to: (ii) damages resulting from personal injury or death or damage to tangible real or personal property caused by or resulting from Provider's negligence.
i) any damage or loss to Seller arising from any misappropriation of Seller's confidential information in breach of this Agreement or
Warranty; Limitation of Liability. 10.1 InterWorld warrants that, for a period of ninety (90) days after receipt by Client of the Software (the "Warranty Period"), the media on which the Software is delivered will be free of defects in material and workmanship under normal use and the unmodified Software, when properly installed and used, will conform in all material respects to the Functional Specifications. Clients sole remedy in the event of non conformity of the Software, at InterWorld's, option will be replacement of the defective Software or a refund of the license fees paid for the affected Software.
10.2 THE EXPRESS WARRANTY SET FORTH IN SECTION 10.1 CONSTITUTES THE ONLY WARRANTY WITH RESPECT TO THE SOFTWARE. INTERWORLD MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW). INTERWORLD EXPRESSLY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR USE OR A PARTICULAR PURPOSE, AGAINST INFRINGEMENT, OR ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE. INTERWORLD DOES NOT WARRANT THAT THE SOFTWARE IS ERROR-FREE, THAT IT WILL SUIT THE CLIENT'S APPLICATIONS OR REQUIREMENTS OR OPERATE IN THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY THE CLIENT, OR THAT THE OPERATION OF THE SOFTWARE WILL BE SECURE OR UNINTERRUPTED.
10.3 THE TOTAL LIABILITY OF INTERWORLD AND ITS SUPPLIERS, INCLUDING BUT NOT LIMITED TO LIABILITY ARISING OUT OF CONTRACT, TORT, BREACH OF WARRANTY, OR CONDITIONS, CLAIMS BY THIRD PARTIES OR OTHERWISE, SHALL NOT IN ANY EVENT EXCEED THE UNAMORTIZED LICENSE FEES PAID BY CLIENT FOR THE SOFTWARE WHICH GAVE RISE TO THE CLAIM. INTERWORLD'S SUPPLIERS SHALL NOT BE LIABLE FOR DIRECT DAMAGES HEREUNDER AND IN NO EVENT SHALL INTERWORLD OR ITS SUPPLIERS BE LIABLE FOR LOSS OF PROFITS, LOSS OR INACCURACY OF DATA OR ANY INDIRECT, SPECIAL. INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THE COST OF ANY SUBSTITUTE PROCUREMENT (EVEN IF SUCH PARTY HAD BEEN ADVISED OF THE POSSIBILITY THEREOF.
Warranty; Limitation of Liability. ViaCord warrants that it will use commercially reasonable efforts to perform the Testing Services as described in this Exhibit. XXXXXXX MAKES NO OTHER WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY WITH RESPECT TO ITS SERVICES, WHICH WARRANTIES ARE EXPRESSLY DISCLAIMED.
Warranty; Limitation of Liability. Licensor licenses the Licensed Material as-is and as- available, and makes no representations or warranties of any kind concerning the Licensed Material, whether express, implied, statutory, or other. This includes, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not known or discoverable. Where disclaimers of warranties are not allowed in full or in part, this disclaimer may not apply to You. To the extent possible, in no event will the Licensor be liable to You on any legal theory (including, without limitation, negligence) or otherwise for any direct, special, indirect, incidental, consequential, punitive, exemplary, or other losses, costs, expenses, or damages arising out of this ORC License or use of the Licensed Material, even if the Licensor has been advised of the possibility of such losses, costs, expenses, or damages. Where a limitation of liability is not allowed in full or in part, this limitation may not apply to You. The disclaimer of warranties and limitation of liability provided above shall be interpreted in a manner that, to the extent possible, most closely approximates an absolute disclaimer and waiver of all liability.
Warranty; Limitation of Liability. OiR offers a 1 year, ‘repair or replace’ (OiR preference & discretion) warranty on manufacturing defect of the unit (with OiR written, approved claim) from date of sale payment. Unit must be photographed while attached to Host Machine, along with additional photographs of defect(s) and sent to xxxxx@xxxxxxxxx.xxx for a request for a warranty claim at the time the alleged manufacturer defect is suspected (within the warranty period as described above). OiR will not transfer warranty to another party. OiR will not be responsible for any losses, injuries or damages, directly or indirectly, incurred during the operation of unit including any ‘down time’ or labor charges by any employee, subcontractor or agent/ operator of the Purchaser. Purchaser will be responsible for all costs of transport of the unit in any claim. ANY ‘outside’ (herein “3rd party”) costs related to warranty claims must be pre-approved by OiR. Normal ‘wear and tear’ is not eligible for warranty claim. Purchaser or any 3rd party may not alter, attempt repair or replace part(s) without OiR written approval. OiR may request additional information from Purchaser to verify and/or process claim. All claims and contacts must be in writing.
Warranty; Limitation of Liability. 7.1. The Crown Entities warrant that the R&D Services shall be performed in a workmanlike manner. In the case of any work which is not in compliance with this warranty that is brought to its attention within a commercially reasonable time, but no more than 90 days, after the work is performed, the Crown Entities agree (i) to refund to Constar, Inc. any charges for services or materials pertaining to such work or (ii) to re-perform the work. OTHER THAN THE ABOVE WARRANTY, THE CROWN ENTITIES MAKE NO WARRANTY, WHETHER OF MERCHANTABILITY, FITNESS OR OTHERWISE, EXPRESS OR IMPLIED, IN FACT OR BY LAW, AND THE CROWN ENTITIES SHALL HAVE NO FURTHER OBLIGATION OR LIABILITY UNDER THE ABOVE WARRANTY OR WITH RESPECT TO THE R&D SERVICES. THE CROWN ENTITIES SHALL IN NO EVENT BE LIABLE FOR PUNITIVE, CONSEQUENTIAL OR INCIDENTAL DAMAGES.
7.2. Subject to the above provisions, Constar, Inc. shall not bring any other action arising hereunder unless such action is brought within one year after the date such cause of action accrues.
7.3. The Crown Entities shall not be liable for, and Constar, Inc. assumes responsibility for, all personal injury and property damage resulting from the provision of R&D Services hereunder, except to the extent any such personal injury or property damage results from the willful misconduct of the Crown Entities.
Warranty; Limitation of Liability. ViaCord warrants that it will use commercially reasonable efforts to perform collect and store the DNA Guardian Card as provided in this Exhibit. XXXXXXX MAKES NO OTHER WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY WITH RESPECT TO ITS SERVICES, WHICH WARRANTIES ARE EXPRESSLY DISCLAIMED.
Warranty; Limitation of Liability. 1.1. Supplier solely warrants that at the time of Delivery the Products: (i) until the shortest of the “expiry date” and the “shelf life” as indicated by Supplier, perform in compliance to the Technical Specification; and (ii) comply in all respects with any applicable laws, rules and regulations of the country(ies) of destination of the Products (provided such country of destination is specified in writing in advance by Client).
1.2. At any time within the Reject Period, i.e. 14 (fourteen) days following the date of Delivery of the Products, Client may reject all or part of the Products in the event it verifies that such Product/s is/are not supplied in strict compliance with the provisions under Clause 10.1. In such event, Client shall (i) immediately (however within the Reject Period) notify Supplier in writing, specifying the nature of the non conformity; (ii) keep the Product - preserved with care and in a manner not to change the status of the Products at the time of defect discovery - at the disposal of Supplier for inspection; (iii) if so requested by Supplier, deliver the Product to Supplier to allow the inspection of the same. Products will be considered accepted by Client if no written notice of claim will be received by Supplier by the Reject Period.
1.3. If the foregoing inspection proves that the Product is defective for reasons solely due to Supplier, Supplier shall at its own choice and at its own expense replace the defective Product with another non-defective Product or rework them. Client acknowledges that save the case of personal injuries the replacement or reworking of the defective Product shall be its sole and exclusive remedy for defective. In no event, Client shall be entitled to delay or retain any due payments for any sum exceeding the value of the rejected Products.
1.4. In all other cases (when the defect of Products is not due to reasons solely due to Supplier), reworking (or replacing) of defective Products and/or materials shall be handled by Client according to the local authorities requirement, at its own expense.
1.5. Exclusively in the cases under Clause 10.3, it is agreed that in addition to exclusive remedies for defects therein provided under the same Clause, Supplier may, but is not obliged to, indemnify the Client towards sole direct costs Client should prove by documentation to have suffered in connection to any eventual recall process from the market of the defective entire lots of Products, provided such recall ...
