A Written Express Disclaimer in a Contract Is
Despite the formal and cumbersome wording, the purpose of this clause is quite simple. It simply means that the only guarantees concerning work are those written in the contract. Most consumer purchases are covered by a warranty, even if it is not expressly stated as such. The two main types are express and implied warranties. An explicit warranty is a warranty that is clearly stated (or “expressed”) orally or in writing, while an implied warranty automatically covers most consumer goods with a value of a certain amount, but only offers an unfounded level of protection to consumers. An explicit warranty can take different forms, whether oral or written, and is essentially a guarantee that the product will meet a certain level of quality and reliability. If the product breaks down in this regard, the manufacturer will repair or replace the product at no additional cost. Many of these warranties are printed on a product`s packaging or provided as an option. So be fair to your customers by inserting a warranty exclusion and having a meaningful discussion about what is really expected of the customer and promised by the service provider. Except as otherwise provided in this Agreement, all Developer Work Products are provided “AS IS”. Except as provided in this Agreement, Developer makes no other warranties, express or implied, and hereby disclaims all implied warranties, including any warranties of merchantability and fitness for a particular purpose. 3.1 Disclaimer of Warranties. The warranties expressly set forth above in this Agreement are exclusive.
ACO makes no other warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose with respect to the System, Software, Data or other Amadeus services provided under this Agreement. ACO expressly disclaims any warranty that certain data or data from a particular supplier will be available or retained in the Amadeus system. ACO does not warrant that the Amadeus system or software will be error-free or will operate without interruption. Admittedly, the typical “AS-IS” wording is intimidating for customers. It looks like the service provider is just offloading their work onto the client and washing their hands in innocence: as is, take it or leave it. Other guarantees may be expressed in writing, but do not necessarily resemble traditional guarantees. For example, a light bulb manufacturer prints the words “lasts 15,000 hours” on its packaging. The words “warranty” or “warranty” do not appear, but this claim is always an express warranty. 1.
Words or conduct relevant to the establishment of an express warranty and words or conduct that tend to deny or limit the warranty shall, as far as possible, be construed as compatible; however, subject to the provisions of this Article on parolite or extrinsic evidence (Articles 2 to 202), negation or limitation shall be ineffective to the extent that such interpretation is inappropriate. Created by FindLaw`s team of legal writers and writers | Last updated June 20, 2016 9.4Legal biology. The Company disclaims all claims and damages arising out of failures, errors or delays of the Company`s third party representatives in connection with the provision of goods and services provided on behalf of the Company under this Agreement or any of the Programs, and the Retailer waives such claims. The Company hereby assigns to the Retailer its rights vis-à-vis the Company`s third party representatives with respect to their failures or errors related to the provision of bottling and delivery of the Ordered Goods, as well as in connection with the provision of goods and services provided by them on behalf of the Company. The Retailer acknowledges that failure to provide timely deliveries and services by the Company or third party service providers may occur and will not result in any claim for damages from the Retailer. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE GOODS AND SERVICES SOLD UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR MERCHANTABILITY. NO AGENT, EMPLOYEE OR REPRESENTATIVE OF THE COMPANY HAS THE AUTHORITY TO BIND THE COMPANY TO ANY CONFIRMATION, REPRESENTATION OR WARRANTY, EXCEPT FOR AN AUTHORIZED OFFICER OF THE COMPANY UNDER A SIGNED WRITTEN AGREEMENT. 7.
DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 4, NEITHER PARTY MAKES ANY REPRESENTATIONS, WARRANTIES OR WARRANTIES, AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED BY EITHER PARTY TO THE FULLEST EXTENT PERMITTED BY LAW. Denial. THE OPERATOR MAKES NO WARRANTIES WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT AND DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 4.1 Legal Disclaimer. EXCEPT AS PROVIDED IN SECTION 1.7, NEITHER PARTY MAKES ANY WARRANTY WITH RESPECT TO THE TRANSITION SERVICES, AND THE WARRANTY IN THIS SECTION 1.7 SUPERSEDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES THAT THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE SUFFICIENT TO ENABLE HAMILTON BEACH HOLDING OR NACCO TO SUCCEED IN THE TRANSITION, THE ADMINISTRATION OR OPERATION OF ITS ACTIVITIES. 7.4.DISCLAIMER OF WARRANTIES. THE FOREGOING REPRESENTATIONS AND WARRANTIES SUPERSEDE ALL OTHER REPRESENTATIONS AND WARRANTIES, AND EXCEPT FOR THE EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH ABOVE IN THIS SECTION 7, VIA AND LICENSORS MAKE NO WARRANTIES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND HEREBY EXCLUDE AND EXCLUDE ALL OTHER WARRANTIES. WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
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