Warranty and Limitations Clause Samples
The "Warranty and Limitations" clause defines the scope and extent of assurances provided by one party regarding the quality, performance, or condition of goods or services, as well as the boundaries of liability for any failures or defects. Typically, this clause outlines what warranties are expressly given, such as guarantees of merchantability or fitness for a particular purpose, and specifies any disclaimers or exclusions, like limiting liability for consequential damages. Its core practical function is to allocate risk between the parties by clarifying what is and is not covered, thereby reducing uncertainty and potential disputes over product or service failures.
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Warranty and Limitations a. FN warrants that the Services will meet the specifications set forth in the SOs and any associated Service Exhibit(s). If the Services fail to meet such specifications, FN will provide support and maintenance to Customer in accordance with each SLA. Each SLA will be effective on the first day of the month following the Service Commencement Date. b. THE CREDIT CALCULATIONS SET FORTH IN THE SLA SHALL BE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY IN THE EVENT OF ANY BREACH BY FN OF A WARRANTY CONTAINED HEREIN OR ANY INTERRUPTION OR FAILURE OF THE SERVICES TO MEET THE SPECIFICATIONS. THE TOTAL AMOUNT OF CREDIT THAT WILL BE EXTENDED TO CUSTOMER AS A RESULT OF FN’s FAILURE TO MEET AN SLA SHALL BE LIMITED TO 100% OF ONE
(1) MONTH’S MRCs FOR ANY SINGLE MONTHLY BILLING PERIOD. c. EXCEPT AS SET FORTH IN THIS SECTION 8, FN MAKES NO WARRANTIES REGARDING THE SERVICES, FACILITIES OR EQUIPMENT PROVIDED HEREUNDER, EXPRESS OR IMPLIED, AND ALL OTHER WARRANTIES WITH RESPECT TO ANY SERVICES, FACILITIES OR EQUIPMENT PROVIDED PURSUANT TO THIS AGREEMENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE OR NONINFRINGMENT, ARE EXPRESSLY DISCLAIMED.
Warranty and Limitations. Seller’s products are warranted to be manufactured in accordance with specifications identified, modified where necessary to meet a reasonable interpretation, and to be free in defects of workmanship or materials as specified in the Norweco product literature that accompanied your purchase. Our responsibility under any Norweco warranty is limited as follows:
a. To the repair or replacement for defective or non-conforming products, or to the allowance of a credit for such products, all at our option, strictly in accord with the procedure as stated in Article 5 – Claims.
b. SELLER ACCEPTS NO RESPONSIBILITY FOR THE DESIGN OF THE PROJECT OR INSTALLATION OF THE PRODUCTS DELIVERED. ANY DEFECTS IN PROJECT DESIGN OR INSTALLATION OF PRODUCTS VOIDS ANY AND ALL WARRANTIES, EXPRESSED OR IMPLIED, EXCEPT WARRANTY OF TITLE.
c. Special items manufactured for a particular project are not subject to return for credit. Any approved returns shall be subject to a restocking charge.
d. WE SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES, INCLUDING WITHOUT LIMITATION, ANY LIQUIDATED DAMAGES OR PENALTIES OF ANY KIND YOU MAY INCUR. WE ASSUME NO OBLIGATION FOR EXPENSES OF ANY KIND, WHETHER ARISING FROM DELAYS DURING REPLACEMENT OF PRODUCTS FOR CAUSE OR OTHERWISE.
e. Any action for breach of contract arising from this Agreement shall be commenced by you, if at all, within one (1) year after the cause of action has arisen.
f. THE NORWECO WARRANTY PROVIDED WITH YOUR PURCHASE IS EXCLUSIVE AND IN LIEU OF ALL EXPRESS OR IMPLIED WARRANTIES. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE ABOVE. WE DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OUR SOLE RESPONSIBILITY IS AS STATED, AND THE PURCHASER ACKNOWLEDGES THAT HE/SHE IS PURCHASING THE PRODUCTS SOLELY ON THE BASIS OF THE COMMITMENTS OF THE SELLER EXPRESSLY SET FORTH HEREIN AND IN THE NORWECO PRODUCT LITERATURE AND/OR WARRANTY ACCOMPANYING YOUR PURCHASE.
Warranty and Limitations. Supplier represents and warrants that at the time of Delivery to Recipient or, if drop shipped from a Supplier Manufacturing Facility, to the Recipient’s designated drop ship location, each Product will (a) meet the applicable Specification, and (b) conform to the applicable requirements of the Quality Agreement as well as all applicable Laws. Supplier has no obligation or responsibility for determining whether any Product is fit for a particular purpose or suitable for any Recipient’s use and methods of application. Supplier has no obligation for changes, alterations, or modifications in any Product that result from Recipient’s storage, handling, and use of the Product in the manufacture or assembly of Recipient’s products. For the avoidance of doubt, this warranty and limitations shall control over the Quality Agreement for Products supplied under this Agreement.
Warranty and Limitations. ACT WARRANTS THAT THE ASSESSMENTS HAVE BEEN DEVELOPED IN ACCORDANCE WITH AND THE SERVICES WILL BE PERFORMED IN A MANNER CONSISTENT WITH INDUSTRY STANDARDS. EXCEPT AS SET FORTH IN THIS SECTION, ACT EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND OR NATURE, EXPRESS OR IMPLIED AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE.
Warranty and Limitations. The Equipment has been designed specifically for use with Kemin Products and Software. Unless agreed otherwise in writing, Kemin warrants the Equipment for a period of two (2) years from invoice date or commissioning date (where relevant) under the following limited conditions:
7.1 When installed properly, used with Kemin’s Products and Software, and maintained in accordance with Equipment specifications, the Equipment will be free from defects in material and workmanship, and will substantially conform to the technical specifications provided with the Equipment and will apply Kemin’s Products when used as directed and in accordance with Kemin recommendations and label directions.
7.2 Customer will perform routine maintenance. Only Kemin or Kemin’s representative is entitled to perform other maintenance works and repair of the Equipment. Such maintenance and normal repair costs will not be charged to Customer.
7.3 Customer will exclusively use Kemin’s Products in (relation to) the Equipment during the term of the Agreement. Products are purchased in accordance with the minimum quantities and prices agreed in the Agreement.
7.4 No warranty set forth in this Article will apply to the Equipment that has been
a. Modified, altered or adapted in any way without Kemin’s written consent;
b. Maltreated or used in a manner other than in accordance with Kemin’s directions for use of the Equipment;
c. Repaired by any third party that has not been designated to do so by Kemin;
d. Improperly installed by any party other than Kemin;
e. Used with products, software or equipment that are not covered by this warranty, to the extent that problems are attributable to such use;
f. Relocated without Kemin’s written consent, to the extent that problems are attributable to the relocation;
g. The Kemin serial number tag on the Equipment has been removed or tampered with; or
h. Any attempt to dismantle or subdivide such the Equipment constitutes a modification or alteration of the Equipment which voids the applicable warranty.
i. Transferred or resold to any third party.
7.5 Nothing in this statement of limited warranty affects any statutory rights of consumers or other purchasers that cannot be waived or limited by contract.
Warranty and Limitations. 7.1 Xylan warrants to Buyer, and only to Buyer, that hardware Products delivered on or after the Effective Date of this Agreement will be free from material defects in material and workmanship under conditions of normal and proper use and will substantially conform to Product specifications for a period of twelve (12) months from date of shipment to the Buyer.
7.2 Xylan warrants to Buyer and only to Buyer that hardware Products delivered prior to the Effective Date of this Agreement will be free from material defects in material and workmanship under conditions of normal and proper use and
7.3 BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THE FOREGOING WARRANTY SHALL BE REPLACEMENT OF OR (AT XYLAN'S OPTION IF DESPITE COMMERCIALLY REASONABLE EFFORTS REPLACEMENT IS IMPRACTICAL) REFUND FOR RETURNED NON-CONFORMING UNITS OF THE PRODUCTS FOR WHICH FULL DOCUMENTATION AND PROOF OF NON- CONFORMITY IS PROVIDED TO XYLAN WITHIN THE APPLICABLE WARRANTY PERIOD AFTER THE ORIGINAL NON-CONFORMING UNITS ARE RECEIVED BY BUYER. EXCEPT FOR THE FOREGOING WARRANTIES XYLAN DOES NOT WARRANT THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY PRODUCT OR PERFORMANCE, DOES NOT MAKE ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO, PRODUCT, SPECIFICATIONS, SUPPORT SERVICE OR ANYTHING ELSE AND DOES NOT MAKE ANY WARRANTY TO BUYER'S DISTRIBUTORS, CUSTOMERS OR AGENTS. XYLAN HAS NOT AUTHORIZED ANYONE TO MAKE ANY REPRESENTATION OR WARRANTY OTHER THAN AS PROVIDED ABOVE.
7.4 THIS WARRANTY DOES NOT INCLUDE AND XYLAN SHALL NOT BE RESPONSIBLE FOR DAMAGE TO THE PRODUCTS RESULTING FROM A CAUSE OTHER THAN PRODUCT DEFECT OR MALFUNCTION, INCLUDING IMPROPER INSTALLATION, NEGLECT, ACCIDENT, UNREASONABLE USE, OR SERVICING OR MODIFICATION OF THE PRODUCT BY ANYONE OTHER THAN XYLAN OR AN ORGANIZATION CERTIFIED BY XYLAN.
7.5 Warranty service may be obtained by (i) providing the Xylan Customer Service Department with written notification of a defect before the expiration of the warranty period, (ii) returning the defective product to Xylan's designated repair depot within sixty (60) days of Xylan's issuance of a Return Material Authorization ("RMA"), and (iii) providing proof of purchase date and written description of the problem or failure. Buyer agrees to prepay shipping charges and assume risk of loss or damage in transit. Buyer's failure to package the hardware Product in the original packaging or packaging substantially similar to the original packaging may void the warranty. If the h...
Warranty and Limitations. 5.1. LIMITED WARRANTY. TLC warrants that the Software will operate as specified in the most recent version of the instruction materials during the term of this License. If, during that time, Licensee provides TLC a written report of a repeatable and verifiable discrepancy between the operation of the Software and the instruction materials, TLC will make reasonable efforts to modify the Software to operate in accordance with the instructional materials. This limited warranty does not include errors excluded in Section 2.1.g. above.
Warranty and Limitations a) Seller accepts no responsibility for design of the product or installation of the products delivered. Any defects in product design or installation of products voids any and all warranties, expressed or implied, except warranty of title.
b) The goods sold by Seller are all special or custom items and are not subject to return for credit. Approval of returns for credit shall be the decision of Seller in its sole and exclusive discretion and in accordance with Section 9 "Cancellation Charges" of this Order Acknowledgment.
c) All goods are sold "as-is." seller disclaims any implied warranty of merchant ability or fitness for a particular purpose. Seller will, as buyer's sole and exclusive remedy and at seller's option, replace or, without replacement, render credit for any goods which, if properly selected, stored, processed and used by buyer shall prove defective within ninety (90) days from the date of shipment or, if the claim is for shortages or defective materials or non-conformity to specifications, which would be revealed by prompt inspection, within 7 days after you receive the materials. Seller's goods shall be deemed defective only to the extent that they materially deviate from the applicable specifications, as agreed to and accepted by seller.
d) Samples supplied by Seller are solely for the purpose of evaluating the suitability of such material or services for potential use and, as such, the samples are not intended to serve as warranties of any type, either express or implied. Purchaser shall have the sole responsibility for selection and specification of the goods or services appropriate for the end use of such goods or services, even if Purchaser has informed Seller of the end use for such goods or services. Purchaser acknowledges that it alone has determined that the materials purchased or processed hereunder will suitably meet the requirements of their intended use.
e) Seller shall not be liable to buyer or any other person or entity for, and buyer releases Seller from, any and all liability for negligence by Seller with respect to any activity engaged in by Seller with regard to the goods or services hereunder and from any and all liability imposed upon manufacturers or sellers of goods or services under any product liability theory or under similar legal theory. Seller shall not, under any circumstances including, but not limited to, delay in delivery, breach of contract, breach of warranty, negligence, tort, strict liability, or use of...
Warranty and Limitations. Products manufactured by CWL are warranted to be of merchantable quality and to conform to the specifications and tolerances provided in the applicable industry standards, or CWL’s published standards, or otherwise in this Agreement. Should any Product manufactured by CWL be found not to meet the foregoing warranty, CWL will furnish a replacement Product conforming to this warranty, or, at CWL’s election, make a fair allowance therefor. Written notice of any claim under this warranty must be given by Purchaser to CWL within 30 days after delivery and Purchaser must afford CWL a reasonable opportunity to inspect the Products in unaltered condition and evaluate the claim. THERE ARE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER, STATUTORY OR OTHERWISE, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, WHICH EXTEND BEYOND THE FOREGOING WARRANTY. THE LIABILITY OF CWL UNDER THE FOREGOING WARRANTY AND OTHERWISE UNDER THIS AGREEMENT SHALL BE LIMITED IN THE MANNER HEREIN PROVIDED, AND SHALL IN NO EVENT EXCEED THE TOTAL PRICE OF THE SHIPMENT INVOLVED. IN NO EVENT SHALL CWL BE LIABLE FOR CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES.
Warranty and Limitations. (a) Warranty. ACSC warrants in favor of Greate Bay, SUBJECT TO THE REMEDY LIMITATIONS AND WARRANTY LIMITATIONS SET FORTH BELOW, that the Software or SMS