Limitations of the Warranty Clause Samples

Limitations of the Warranty. During the Warranty Period the GVR is responsible for: i) the repair, ii) replacement or iii) refund of the defective Product.
Limitations of the Warranty. Warrantor's obligation to the customer with regard to the Warranty for any Product is limited to the repair, replacement, Accommodation or Reimbursement of any defective Product or parts pursuant to the terms and conditions of this Warranty. This Warranty is only valid for Products purchased and used in the United States and shall not extend to any Products (a) not purchased in the United States, or (b) purchased in the United States but which are used or transferred outside of the United States. The Warranty is not applicable to any purchase of a Product for commercial use (such as in a hotel, office, restaurant, or other business capacity). This Warranty expressly excludes any defects or damages caused by accessories, replacement parts or repair service other than those that have been authorized by Warrantor pursuant to the terms hereof.
Limitations of the Warranty a) NO ACTION, REGARDLESS OF FORM, ARISING OUT OF OR IN ANY WAY CONNECTED WITH A WARRANTY PROVIDED UNDER THIS WARRANTY MAY BE BROUGHT BY THE CUSTOMER MORE THAN 1 YEAR AFTER THE DATE WHEN THE CAUSE OF ACTION OCCURRED OR THE DATE WHEN THE CUSTOMER DISCOVERED OR REASONABLY SHOULD HAVE DISCOVERED THE CAUSE OF ACTION, WHICHEVER IS LATER. THIS WARRANTY CONSTITUTES TSMC'S EXCLUSIVE LIABILITY, AND CUSTOMER'S EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY EXPRESSLY CONTAINED IN THIS WARRANTY. EXCEPT FOR THIS WARRANTY AND TO THE FULLEST EXTENT PERMITTED BY LAW, TSMC DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO AVOID ANY DOUBT, TSMC IS NOT LIABLE FOR ANY CLAIMS OF INFRINGEMNET OR MISAPPROPRIATION OF ANY INTELLECTUAL PROPERTY RIGHTS INCLUDING WITHOUT LIMITATION, PATENTS, COPYRIGHTS, TRADEMARKS, OTHER TRADE SECRETS OR PROPRIETARY INFORMATION AND OTHER INTELLECTUAL PROPERTY RIGHTS. b) This Warranty is limited to the following components: frames, front and back glass, solar cells, connection cables including connector plugs, and junction boxes. If the Module is integrated into further products or is subjected to substantial modifications, TSMC immediately disclaims any obligations under this Warranty. This Warranty excludes wear and tear. c) A transfer of Warranty claims is not permitted. d) This Warranty will become null and void if the Module is transferred out of the United States. All customers, direct and indirect, are hereby notified of such potential nullification. e) The rendering of service, repair, exchange, or supply of additional Modules under this Warranty shall constitute neither a new commencement of the time period during which the Warranty applies nor any extension of that period. None of the Warranty rights set forth herein shall be renewed or extended in any manner. f) Upon TSMC’s written consent, Customer may transfer this Warranty to a new owner of the Modules. This Warranty covers Modules that have been transferred to a new location from the location where first installed subject to the condition that the Modules are verifiably uninstalled by properly licensed personnel specialized in such work and all other conditions in this Warranty are met.

Related to Limitations of the Warranty

  • Limitations of Warranty TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR , THE PROVIDER OF ANY FINANCIAL SERVICES AVAILABLE THROUGH OR RELATED TO THE SOFTWARE, ANY OF THEIR CONTRACTORS OR PROVIDERS OR ANY OF EACH OF THEIR AFFILIATES BE LIABLE FOR ANY DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH ANY CLAIM IS BASED. IN ANY CASE, LIABILITY OF LICENSOR OR ANY OF THE OTHER PERSONS OR ENTITIES DESCRIBED IN THE PRECEDING SENTENCE ARISING OUT OF THE USE OR INABILITY TO USE THE SOFTWARE SHALL NOT EXCEED IN THE AGGREGATE THE LESSER OF $10.00 OR THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE.

  • Limitations of Use You agree to use the App and Services only for lawful purposes. You are prohibited from any use of the Services or App that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the App or Services, including but not limited to unauthorized entry into Even’s systems, misuse of passwords, or misuse of any information posted on the App or through the Services is strictly prohibited. Even makes no claims concerning whether use of the App or Services is appropriate outside of the United States. If you access the App or the Services from outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. You agree you will not: (i) try to reverse engineer, disassemble, decompile, or decipher the App or the Services or software making up the App and Services; (ii) navigate or search the App or Services with any tool, software, agent, engine, or other means (including bots, avatars, intelligent agents, or spiders); (iii) use a means other than Even’s provided interface to access the App or the Services; (iv) use the App or the Services in a way that could impair, overburden, damage, or disable any portion of the App or Services; or (v) mirror any material contained on the App or the Services. Even reserves the right to take various actions against you if we believe you have engaged in activities restricted by this Agreement or by laws or regulations, and Even also reserves the right to take action to protect Even, other users, and other third parties from any liability, fees, fines, or penalties. We may take actions including, but not limited to: (i) updating information you have provided to us so that it is accurate; (ii) limiting or completely closing your access to the App or the Services; (iii) suspending or terminating your ability to use the App or the Services on an ongoing basis; (iv) taking legal action against you (but note that as explained in Section 6.4.4, Even will not take action against you for failure to repay an Instapay); or (v) holding you liable for the amount of Even’s damages caused by your violation of this Agreement.

  • Representations of the Fund The Trust, on behalf of the Fund, represents and warrants that: (i) the Trust is a business trust established pursuant to the laws of the Commonwealth of Massachusetts; (ii) the Trust is duly registered as an investment company under the Investment Company Act and the Fund is a duly constituted series portfolio thereof; (iii) the execution, delivery and performance of this Agreement are within the Trust’s powers, have been and remain duly authorized by all necessary action (including without limitation all necessary approvals and other actions required under the Investment Company Act) and will not violate or constitute a default under any applicable law or regulation or of any decree, order, judgment, agreement or instrument binding on the Trust or the Fund; (iv) no consent (including, but not limited to, exchange control consents) of any applicable governmental authority or body is necessary, except for such consents as have been obtained and are in full force and effect, and all conditions of which have been duly complied with; (v) this Agreement constitutes a legal, valid and binding obligation enforceable against the Trust and the Fund in accordance with its terms; and (vi) the Fund is exempt from registration under the Commodity Exchange Act pursuant to Rule 4.5 of the Commodity Futures Trading Commission (“CFTC”), and the Fund is in compliance with the requirements of CFTC Rule 4.5.

  • Limitations of Liability The Trustee shall have no responsibility or liability to: (a) Imply obligations, perform duties, inquire or otherwise be subject to the provisions of any agreement or document other than this Agreement and that which is expressly set forth herein; (b) Take any action with respect to the Property, other than as directed in Section 1 hereof, and the Trustee shall have no liability to any third party except for liability arising out of the Trustee’s gross negligence, fraud or willful misconduct; (c) Institute any proceeding for the collection of any principal and income arising from, or institute, appear in or defend any proceeding of any kind with respect to, any of the Property unless and until it shall have received instructions from the Company given as provided herein to do so and the Company shall have advanced or guaranteed to it funds sufficient to pay any expenses incident thereto; (d) Refund any depreciation in principal of any Property; (e) Assume that the authority of any person designated by the Company to give instructions hereunder shall not be continuing unless provided otherwise in such designation, or unless the Company shall have delivered a written revocation of such authority to the Trustee; (f) The other parties hereto or to anyone else for any action taken or omitted by it, or any action suffered by it to be taken or omitted, in good faith and in the Trustee’s best judgment, except for the Trustee’s gross negligence, fraud or willful misconduct. The Trustee may rely conclusively and shall be protected in acting upon any order, notice, demand, certificate, opinion or advice of counsel (including counsel chosen by the Trustee, which counsel may be the Company’s counsel), statement, instrument, report or other paper or document (not only as to its due execution and the validity and effectiveness of its provisions, but also as to the truth and acceptability of any information therein contained) which the Trustee believes, in good faith and with reasonable care, to be genuine and to be signed or presented by the proper person or persons. The Trustee shall not be bound by any notice or demand, or any waiver, modification, termination or rescission of this Agreement or any of the terms hereof, unless evidenced by a written instrument delivered to the Trustee, signed by the proper party or parties and, if the duties or rights of the Trustee are affected, unless it shall give its prior written consent thereto; (g) Verify the accuracy of the information contained in the Registration Statement; (h) Provide any assurance that any Business Combination entered into by the Company or any other action taken by the Company is as contemplated by the Registration Statement; (i) File information returns with respect to the Trust Account with any local, state or federal taxing authority or provide periodic written statements to the Company documenting the taxes payable by the Company, if any, relating to any interest income earned on the Property; (j) Prepare, execute and file tax reports, income or other tax returns and pay any taxes with respect to any income generated by, and activities relating to, the Trust Account, regardless of whether such tax is payable by the Trust Account or the Company, including, but not limited to, tax obligations, except pursuant to Section 1(j) hereof; or (k) Verify calculations, qualify or otherwise approve the Company’s written requests for distributions pursuant to Sections 1(i), 1(j) or 1(k) hereof.

  • Representations of the Buyer The Buyer represents and warrants to the Seller as follows: