AND FITNESS FOR A PARTICULAR PURPOSE Sample Clauses
The "And Fitness for a Particular Purpose" clause is a warranty provision that ensures a product or service will be suitable for the specific use intended by the buyer, provided that the seller is aware of this intended use. In practice, this clause applies when a buyer relies on the seller’s expertise to select or supply goods that meet a particular need, such as purchasing specialized equipment for a unique industrial process. Its core function is to protect buyers from receiving goods that, while functional in a general sense, fail to perform as required for their specific application, thereby allocating responsibility to the seller if the goods are unfit for the disclosed purpose.
AND FITNESS FOR A PARTICULAR PURPOSE. Implied warranties in jurisdictions where they may not be disclaimed shall be in effect only for the duration of the express warranty set forth herein. If BUYER has a claim under this Limited Warranty or under any implied warranties provided to BUYER by state law, BUYER may not file a court action based on that claim any later than one (1) year after ▇▇▇▇▇’s right to file a court action accrues. In those states which do not allow this limitation on the time period for filing a court action, this provision is inapplicable.
AND FITNESS FOR A PARTICULAR PURPOSE. University innovation has been developed as part of research conducted at University. University innovation is experimental in nature and is made “AS IS”, without obligation by University to provide accompanying services or support except as specified in this Agreement. The entire risk as to the quality and performance of University innovation is with Company.”
AND FITNESS FOR A PARTICULAR PURPOSE. University does not perform any services under this agreement that may be subject to FDA Regulations, e.g. GMP, cGMP, GLP, GCP work/services. University shall not be liable for any indirect, special, incidental, consequential or punitive loss or damage of any kind, including but not limited to lost profits (regardless of whether or not University knows or should know of the possibility of such loss or damages). The liability of either party under this Agreement shall not exceed the amount paid or payable to the University under this Agreement.
AND FITNESS FOR A PARTICULAR PURPOSE. In no case shall NTN be liable for any special, incidental, or consequential damages based upon breach of warranty, breach of contract, negligence, strict tort, or any other legal theory, and in no case shall total liability of NTN exceed the purchase price of the part upon which such liability is based. Such damages include, but are not limited to, loss of profits, loss of savings or revenue, loss of use of the product or any associated equipment, cost of capital, cost of any substitute equipment, facilities or services, downtime, the claims of third parties including customers, and injury to property. Some states do not allow limits on warranties, or on remedies for breach in certain transactions. In such states, the limits in this paragraph and in paragraph (2) shall apply to the extent allowable under case law and statutes in such states. Any action for breach of warranty or any other legal theory must be commenced within 15 months following delivery of goods. Unless modified in writing signed by both parties, this agreement is understood to be the complete and exclusive agreement between the parties, superceding all prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this agreement. No employees of NTN or any other party is authorized to make any warranty in addition to those made in this agreement. This agreement allocates the risks of product failure between NTN and the purchaser. This allocation is recognized by both parties and is reflected in the price of the goods. The purchaser acknowledges that is has read this agreement, understands it, and is bound by its terms. We thank you for your favorable interest in NTN products. We have revised our general catalog “Bearings” to incorporate the latest revisions of JIS (Japanese Industrial Standards) and ISO (International Organization for Standardization) according to a new editing policy. We hope the catalog will be useful to you. The expression method of chamfer dimensions, bearing accuracy, quantity symbols, and definitions have been revised by JIS and ISO. Our catalog has been revised in conformity with the JIS and ISO revisions. Basic load ratings have been revised with improvements in our materials and manufacturing techniques and according to JIS B 1518-1989. Further, the unit system has been revised entirely according to JIS Z 8202 and ISO 1000. NTN Needle roller bearings, bearing units, pillow block precision ball screws, linear...
AND FITNESS FOR A PARTICULAR PURPOSE. University shall not be liable for any indirect, special, incidental, consequential or punitive loss or damage of any kind, including but not limited to lost profits (regardless of whether or not University knows or should know of the possibility of such loss or damages). The liability of either party under this Agreement shall not exceed the amount paid or payable to the University under this Agreement.
AND FITNESS FOR A PARTICULAR PURPOSE. With respect to each Batch of the Products manufactured hereunder, this Section 3.2 shall remain effective until the expiration date noted on such Products.
AND FITNESS FOR A PARTICULAR PURPOSE. SBC-ASI/13-STATE’S SOLE LIABILITY, WHETHER IN CONTRACT OR IN TORT, INCLUDING SBC-ASI/13STATE’S NEGLIGENCE OR STRICT LIABILITY, FOR ANY FAILURE, DEFECT, ERROR, LOSS, OR OMISSION IN THE PROVISION OF THE SERVICE (“SERVICE INTERRUPTION”), INTERCONNECTION, COLLOCATION, OR NETWORK ELEMENTS, OF ANY KIND INCLUDING, BUT NOT LIMITED TO, SERVICE INTERRUPTION ALLEGED TO BE CAUSED BY CLEC’S DEFECTIVE EQUIPMENT OR CLEC’S END USER OWNED OR PROVIDED EQUIPMENT OR END USER PREMISES EQUIPMENT (“CUSTOMER EQUIPMENT”), EVEN IF PROVIDED OR INSTALLED BY SBC-ASI/13- STATE, IS LIMITED TO REFUND OF THE PROPORTIONATE CHARGE BY SBC-ASI/13STATE FOR THE PERIOD DURING WHICH THE SERVICE, INTERCONNECTION, COLLOCATION OR NETWORK ELEMENT WAS AFFECTED.
AND FITNESS FOR A PARTICULAR PURPOSE. EXCLUSIVE REMEDY
AND FITNESS FOR A PARTICULAR PURPOSE. The express warranties and remedies provided in a Commercial License which may be purchased from OCS are in lieu of all other liabilities or obligations of OCS and/or any said third parties (whether such liabilities or obligations would arise under this Agreement or otherwise by operation of law) for damages arising out of or in connection with the delivery, use or performance of the Product in the form delivered.
AND FITNESS FOR A PARTICULAR PURPOSE. These warranties do not extend to any losses or damages due to misuse, accident, abuse, neglect, normal wear and tear, negligence, unauthorized modification or alteration, use beyond rate capacity, or improper installation, maintenance or application, or due to following improper guidance or procedures provided by the Customer. To the extent that Customer or its agents have supplied specifications, information, representation of operating conditions, guidance, instructions or other data to Supplier in the selection, design, or implementation of the goods and services provided in connection with the preparation of Supplier’s quotation, and in the event that they differ from those later desired by Customer, any warranties or other provisions contained herein which are affected by such conditions shall be null and void. Subject to this Section 4 and Section 5, if within ten (10) days after Customer’s discovery of any warranty defects within the warranty period, Customer notifies Supplier thereof in writing, Supplier shall, at its option, repair, correct or refund the purchase price for, that portion of the services or goods provided in connection with such services found by Supplier to be defective. Failure by Customer to give such written notice within the applicable time period shall be deemed an absolute and unconditional waiver of Customer’s claim for such defects, and remediation shall be at the sole discretion of Supplier while acting in good faith. This limited warranty is the only warranty made by Supplier and can be amended only in a writing signed by an authorized representative of Supplier.