Common use of Limitation on Warranties Clause in Contracts

Limitation on Warranties. THE WARRANTIES AND REMEDIES CONTAINED IN THIS AGREEMENT AND THE PRODUCT REFERENCE GUIDE CONSTITUTE THE ONLY WARRANTIES WITH RESPECT TO THE PRODUCTS PROVIDED TO DISTRIBUTOR PURSUANT TO THIS AGREEMENT AND DISTRIBUTOR'S EXCLUSIVE REMEDIES IF SUCH WARRANT TIES ARE BREACHED. THE STATED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, WRITTEN OR ORAL, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, WITHOUT LIMITATION THERETO, THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO WARRANTIES WITH RESPECT TO SERVICES PROVIDED BY NORTEL. NORTEL SHALL NOT BE LIABLE TO OR THROUGH DISTRIBUTOR FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE OR FOR ANY REASON, ARISING OUT OF THIS AGREEMENT, EVEN IF NORTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NET DISTRIBUTOR PRICE DESCRIBED ELSEWHERE IN THIS AGREEMENT IS BASED UPON AND IS IN PARTIAL CONSIDERATION FOR THIS LIMITATION ON WARRANTIES AND REMEDIES.

Limitation on Warranties. THE WARRANTIES AND REMEDIES PROVIDED IN THIS AGREEMENT ARE STRICTLY LIMITED TO THE FOREGOING EXPRESS WARRANTIES CONTAINED IN THIS AGREEMENT PARAGRAPH IN THE WARRANTY SECTION OF THE AGREEMENT, IF ANY. YOU ACKNOWLEDGE AND THE PRODUCT REFERENCE GUIDE CONSTITUTE THE ONLY WARRANTIES WITH RESPECT TO THE PRODUCTS PROVIDED TO DISTRIBUTOR PURSUANT TO THIS AGREEMENT AND DISTRIBUTOR'S EXCLUSIVE REMEDIES IF SUCH WARRANT TIES ARE BREACHED. THE STATED AGREE THAT NO OTHER WARRANTIES ARE IN LIEU MADE OR GIVEN BY HOME DEPOT OR SERVICE PROVIDER, INCLUDING ANY WARRANTY FOR FITNESS OF ALL PURPOSE, WARRANTY OF MERCHANTABILITY, OR ANY OTHER WARRANTIES, WRITTEN OR ORAL, STATUTORYEXPRESS OR IMPLIED WARRANTIES. HOME DEPOT'S EXPRESS WARRANTIES ARE VOIDED FOR ANY DEFECT CAUSED BY ABUSE, EXPRESSMISUSE, NEGLECT, ACTS OF GOD, LACK OF PRESCRIBED OR STANDARD MAINTENANCE, OR IMPLIEDIMPROPER CARE/CLEANING. ANY MANUFACTURER'S WARRANTIES PROVIDED FOR GOODS, INCLUDINGMATERIALS, WITHOUT LIMITATION THERETOOR EQUIPMENT WILL BE PASSED THROUGH BY HOME DEPOT TO YOU, THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS YOU AGREE TO LOOK SOLELY TO SUCH MANUFACTURER FOR A PARTICULAR PURPOSE. THERE ARE NO WARRANTIES WITH RESPECT TO SERVICES PROVIDED BY NORTEL. NORTEL SHALL NOT BE LIABLE TO OR THROUGH DISTRIBUTOR FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES REMEDY OF ANY NATURE OR FOR ANY REASONDEFECT IN SUCH GOODS, ARISING OUT OF THIS AGREEMENTMATERIALS, EVEN IF NORTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGESAND EQUIPMENT. THE NET DISTRIBUTOR PRICE DESCRIBED ELSEWHERE IN THIS AGREEMENT IS BASED UPON AND IS IN PARTIAL CONSIDERATION FOR THIS LIMITATION ON WARRANTIES AND REMEDIESHOME DEPOT MAY ASSIST YOU WITH WARRANTY CLAIMS AGAINST MANUFACTURERS.

Limitation on Warranties. THE WARRANTIES AND REMEDIES CONTAINED EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT AND AGREEMENT: (a) NOTHING HEREIN SHALL BE CONSTRUED AS A REPRESENTATION OR WARRANTY BY BIOHEP TO SPRING BANK THAT THE PRODUCT REFERENCE GUIDE CONSTITUTE BIOHEP TECHNOLOGY IS NOT INFRINGED BY ANY THIRD PARTY, OR THAT THE ONLY WARRANTIES PRACTICE OF SUCH RIGHTS DOES NOT INFRINGE ANY PUBLISHED INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. (b) BIOHEP MAKES NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS PROVIDED TO DISTRIBUTOR PURSUANT TO THIS AGREEMENT AND DISTRIBUTOR'S EXCLUSIVE REMEDIES IF SUCH WARRANT TIES ARE BREACHED. THE STATED PRODUCT. (c) NEITHER PARTY MAKES ANY OTHER WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIESHEREUNDER, WRITTEN OR ORAL, STATUTORY, EXPRESS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION THERETOINCLUDING WARRANTIES CONCERNING THE SUCCESS OF THE DEVELOPMENT PROGRAM, THE WARRANTY SUCCESS OF MERCHANTABILITY THE MARKETING AND COMMERCIALIZATION OF THE WARRANTY PRODUCT OR THE COMMERCIAL UTILITY OF FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO WARRANTIES WITH RESPECT TO SERVICES THE PRODUCT. (d) NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, EXCEPT AS PROVIDED BY NORTEL. NORTEL IN SECTION 10.1, BIOHEP SHALL NOT BE LIABLE TO OR THROUGH DISTRIBUTOR FOR ANY SPECIALCLAIM OF PRODUCT LIABILITY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE OR AND SPRING BANK SHALL INDEMNIFY BIOHEP FOR ANY REASONCLAIM OF PRODUCT LIABILITY, ARISING OUT OF THIS AGREEMENT, EVEN IF NORTEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NET DISTRIBUTOR PRICE DESCRIBED ELSEWHERE IN THIS AGREEMENT IS BASED UPON AND IS IN PARTIAL CONSIDERATION FOR THIS LIMITATION ON WARRANTIES AND REMEDIESHOWEVER ARISING.