Limits on Warranty Clause Samples

Limits on Warranty. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: 13.3.1 Modification or improper maintenance or operation by persons other than Contractor, Subcontractors, or any other individual or entity for whom Contractor is not responsible, unless Owner is compelled to undertake maintenance or operation due to the neglect of Contractor. 13.3.2 Normal wear and tear under normal usage after acceptance of the Work by Owner.
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Limits on Warranty. Provider’s warranty and guarantee hereunder excludes defects or damage caused by: 13.3.1 Modification or improper maintenance or operation by persons other than Provider, Subcontractors, or any other individual or entity for whom Provider is responsible, unless Owner is compelled to undertake maintenance or operation due to the neglect of the Provider. 13.3.2 Normal wear and tear under normal usage after acceptance of the Work by the Owner.
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Limits on Warranty. CM-at-Risk’s warranty and guarantee hereunder excludes defects or damage caused by: 13.3.1 Modification or improper maintenance or operation by persons other than CM-at-Risk, Subcontractors, or any other individual or entity for whom CM-at-Risk is not responsible, unless Owner is compelled to undertake maintenance or operation due to the neglect of the CM-at-Risk. 13.3.2 Normal wear and tear under normal usage after acceptance of the Work by the Owner.
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Limits on Warranty. (a) To the extent permitted by law, Airservices Australia: (i) does not guarantee that the Sample Data is free from errors; (ii) has not tailored the Sample Data to the Customer’s requirements or specifications; (iii) does not warrant the quality, performance or suitability of the Sample Data for any purpose; (iv) does not assume any duties to any interested person, including any fiduciary duty or duty of disclosure; (v) does not represent that the Sample Data will be available via the Data Portal or otherwise at all times or at all; and (vi) is not responsible for: (A) the operation of any computer system, communication system, software or ancillary equipment used to access the Data Portal; (B) delays, errors, inaccuracies or omissions due to a failure or incompatibility in or between a computer system, communication system, software, the Data Portal or ancillary equipment, or other circumstances beyond Airservices Australia’s direct control; or (C) any Loss associated with transmission of Harmful Code.
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Limits on Warranty. Contractor’s warranty and guarantee hereunder excludes defects or damage caused by: (i) Modification or improper maintenance or operation by persons other than Contractor, Subcontractors, or any other individual or entity for whom Contractor is not responsible, unless Owner or ODR is compelled to undertake maintenance or operation due to the neglect of Contractor. by Owner. (ii) Normal wear and tear under normal usage after acceptance of the Work (i) Observations by ODR and/or A/E; (ii) Recommendation to pay any progress or final payment by A/E; (iii) The issuance of a certificate of Substantial Completion or any payment by ODR to Contractor under the Contract Documents; (iv) Use or occupancy of the Work or any part thereof by Owner; (v) Any acceptance by ODR or any failure to do so; (vi) Any review of a Shop Drawing or sample submittal; or (vii) Any inspection, test or approval by others.
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Limits on Warranty 
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Related to Limits on Warranty

  • Limits on Liability EXCEPT FOR THE INDEMNIFICATION PROVISIONS HEREIN THIS AGREEMENT, NEITHER PARTY IS LIABLE UNDER THIS AGREEMENT FOR ANY LOST PROFITS, LOSS OF DATA, OR ANY INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, EXCEPT FOR ANY WILLFUL UNAUTHORIZED DISCLOSURE OF CONFIDENTIAL INFORMATION OR LICENSEE’S WILLFUL BREACH. EXCEPT FOR THE INDEMNIFICATION PROVISIONS HEREIN, LICENSOR’S AGGREGATE LIABILITY IN CONNECTION WITH THIS AGREEMENT UNDER ANY THEORY OF LIABILITY (INCLUDING BREACH OF CONTRACT OR INDEMNITY) IS LIMITED TO THE AGGREGATE OF FEES PAID BY LICENSEE TO LICENSOR. UNDER NO CIRCUMSTANCES WILL LICENSOR (OR ITS AGENTS) HAVE LIABILITY RELATING TO PRODUCT USED OR DISTRIBUTED BY LICENSOR OR BY THIRD PARTIES.

  • Limitations on Warranties Notwithstanding anything else in this Agreement: Neither party shall be liable for any indirect, special, incidental, punitive or consequential damages, including but not limited to loss of data, business interruption, or loss of profits, arising out of the use of or the inability to use the Licensed Materials. Licensor makes no representation or warranty, and expressly disclaims any liability with respect to the content of any Licensed Materials, including but not limited to errors or omissions contained therein, libel, infringement of rights of publicity, privacy, trademark rights, moral rights, or the disclosure of confidential information. Except for the express warranties stated herein, the Licensed Materials are provided on an "as is" basis, and Licensor disclaims any and all other warranties, conditions, or representations (express, implied, oral or written), relating to the Licensed Materials or any part thereof, including, without limitation, any and all implied warranties of quality, performance, merchantability or fitness for a particular purpose. Licensor makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb or other such computer program. Licensor further expressly disclaims any warranty or representation to Authorized Users, or to any third party.

  • Limits of Liability To the fullest extent permitted by applicable law, (1) You agree that We and HomeServe, and both of our respective parents, successors, affiliates, approved technicians and Our and their officers, directors, employees, affiliates, agents, contractors or similar parties acting on behalf of either Us or HomeServe shall not be liable to You or anyone else for: (a) any actual losses or direct damages that exceed the lowest applicable per repair Benefit Limit, or, if there is no maximum Benefit Limit, any actual losses or direct damages that exceed the cost of repairs provided for in the “What is a Covered Repair?” section(s) of this Service Agreement, relating to any repairs performed by Us, HomeServe or on behalf of either Us or HomeServe or services provided hereunder giving rise to such loss or damage; or (b) any amount of any form of indirect, special, punitive, incidental or consequential losses or damages, damages based on anticipated or lost profits, wages, or revenue, or damages based on diminution in value or a multiple of earnings, including those caused by any fault, failure, delay or defect in providing any repairs performed by Us, HomeServe or on behalf of either Us or HomeServe or services provided under this Service Agreement, regardless of whether such damages were foreseeable and whether or not We or HomeServe or anyone acting on behalf of either Us or HomeServe have been advised of the possibility of such damages (the damages listed in clauses (a) and (b), collectively the “Excluded Damages”); and (2) these limitations and waivers shall apply to all claims and all liabilities and shall survive the cancellation or expiration of this Service Agreement. You may have other rights that vary from state to state. Arbitration: YOU, NHRW AND HOMESERVE ALL AGREE TO RESOLVE DISPUTES BY BINDING ARBITRATION as follows:

  • EXCLUSIONS FROM WARRANTY This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Microsoft’s reasonable control.