Common use of No Representation or Warranties Clause in Contracts

No Representation or Warranties. 3.1 Customers should be aware that the Auction Site is provided on an "as is", "as available" basis and the Primary Shipper and the Operator make no representations and exclude any warranty, express or implied as to the availability, quality, accuracy, timeliness, completeness, non-infringement, performance or fitness for a particular purpose of the Auction Site. In particular: 3.1.1 the Primary Shipper and the Operator do not make any representation or warranty that: (A) access to the Auction Site will be free from infection by viruses or anything else that has contaminating or destructive properties; and (B) access to the Auction Site and participation in any Auction (including the submission of Bids) will be secure, uninterrupted and free of errors or free of downtime, outages or technical problems that may hinder the efficacy of a Bid or any Auction. 3.1.2 all such terms which would otherwise be implied into the Auction Site, Auction Code or Auction are hereby excluded to the fullest extent permitted by law; and 3.1.3 the Customer warrants that it has not and will not rely on any representations made by the Primary Shipper or the Operator or any of their advisers, directors or employees which have not been expressly stated in the Auction Code. 3.2 The information provided by the Primary Shipper and the Operator under or in connection with the Auction Site, Auction Code or an Auction, does not purport to be comprehensive. While this information has been prepared in good faith, neither the Primary Shipper nor the Operator or any of their advisers, directors or employees gives any warranties and such parties make no representations, express or implied, or accept any liability or duty of care as to the accuracy or completeness of the information provided, written or oral. 3.3 None of the Primary Shipper nor the Operator or any of their respective personnel shall be liable or otherwise assume any responsibility or accept any duty of care to any third person in connection with the Auction Site, Auction Code or Auction or otherwise in relation to the Facility, except as may be expressly set out in any final and binding agreement entered into between any of the Parties in relation to the Purpose, and subject to such limitations as may be set out therein. 3.4 Nothing said or done by the Primary Shipper or the Operator under or in connection with the Auction Site, Auction Code or Auction (including any guidance on or interpretation of the Auction Site, Auction Code or Auction provided by the Primary Shipper or the Operator) shall give rise to any obligation on the part of the Primary Shipper or the Operator towards any person in relation to the Auction Site, Auction Code or Auction.

No Representation or Warranties. 3.1 Customers should be aware Buyer acknowledges and understands that the Auction Site is provided on an "as is"Confidential Materials have been prepared and compiled by the Seller, "as available" basis and but that the Primary Shipper and the Operator make no representations and exclude any warranty, express or implied as to the availability, quality, accuracy, timeliness, completeness, non-infringement, performance or fitness for a particular purpose of the Auction Site. In particular: 3.1.1 the Primary Shipper and the Operator do Seller does not make any representation or warranty that: (A) access to the Auction Site will be free from infection by viruses or anything else that has contaminating or destructive properties; and (B) access to the Auction Site and participation in any Auction (including the submission of Bids) will be secure, uninterrupted and free of errors or free of downtime, outages or technical problems that may hinder the efficacy of a Bid or any Auction. 3.1.2 all such terms which would otherwise be implied into the Auction Site, Auction Code or Auction are hereby excluded to the fullest extent permitted by law; and 3.1.3 the Customer warrants that it has not and will not rely on any representations made by the Primary Shipper or the Operator or any of their advisers, directors or employees which have not been expressly stated in the Auction Code. 3.2 The information provided by the Primary Shipper and the Operator under or in connection with the Auction Site, Auction Code or an Auction, does not purport to be comprehensive. While this information has been prepared in good faith, neither the Primary Shipper nor the Operator or any of their advisers, directors or employees gives any warranties and such parties make no representationswhatsoever, express or implied, or accept any liability or duty of care as with respect to the content, completeness, truthfulness or accuracy of anything contained in the Confidential Materials. Therefore, Buyer hereby releases Seller, acting in its corporate or completeness any other capacity, and the Seller’s respective employees, contractors, officers, directors, partners, agents, attorneys, accountants, consultants, bankers, financial advisors, clients or any other person or entity working with or affiliated with Seller, and agrees to hold Seller harmless from all claims, demands, causes of action, losses, damages, liabilities, costs and expenses (including attorney’s fees whether or not a suit is instituted) assessed against or incurred by Buyer as a result of Buyer’s reliance on or Buyer’s taking any action based on anything contained in the Confidential Materials. Buyer acknowledges its obligation to verify independently all information contained in the Confidential Materials and to make its own comprehensive review and analysis of the information providedProperty. Buyer hereby further indemnifies and agrees to save harmless the Seller, written or oral. 3.3 None of the Primary Shipper nor the Operator acting in its corporate or any other capacity, and the Seller’s respective employees, contractors, officers, directors, partners, agents, attorneys, accountants, consultants, bankers, financial advisors, clients or any other person or entity working with or affiliated with Seller, from all claims, demands, causes of their respective personnel shall be liable action, losses, damages, liabilities, costs and expenses (including attorney’s fees whether or not a suit is instituted) made or assessed against Seller or otherwise assume incurred by Seller and arising out of: (i) any responsibility claim or accept loss sustained by any duty person not party to this Agreement where such claim or loss is based, in whole or in part, on that party’s dealings with either the Buyer and/or the Confidential Materials, and/or (ii) any breach of care to any third person in connection with the Auction Site, Auction Code or Auction or otherwise in relation to the Facility, except as may be expressly set out in any final and binding agreement entered into between any of the Parties in relation to the Purpose, and subject to such limitations as may be set out thereinterms of this Agreement by Buyer or Buyer’s Representatives. 3.4 Nothing said or done by the Primary Shipper or the Operator under or in connection with the Auction Site, Auction Code or Auction (including any guidance on or interpretation of the Auction Site, Auction Code or Auction provided by the Primary Shipper or the Operator) shall give rise to any obligation on the part of the Primary Shipper or the Operator towards any person in relation to the Auction Site, Auction Code or Auction.