A limited warranty is a contractual clause that provides a guarantee for a product or service but restricts the conditions and scope of coverage. It typically specifies what is covered, the duration of the warranty, and any actions or circumstances that may void it.
7.System Maintenance. Consistent with Section 6 of the Manufacturer’s Limited Warranty, Tesla shall not be liable, under the Manufacturer’s Limited Warranty or otherwise, for any System damage or failures resulting from (a) the maintenance or repair of the System by the end user or any third party other than a Tesla subcontractor and (b) a failure to perform (or failure to cause to be performed) maintenance of the System required under the applicable Tesla Manuals.
18.Manufacturer’s Limited Warranty. (a)Tesla provides the version of the manufacturer’s limited warranty applicable to the System that is published in the Tesla Partner Portal as of the date of Buyer’s submission of an Accepted Purchase Order (the “Manufacturer’s Limited Warranty”). The version of the Manufacturer’s Limited Warranty that applies as of the Effective Date is attached as Schedule 3 and the applicable version will be attached to each Purchase Order. (b)Except as set out in the Manufacturer’s Limited Warranty and this Agreement, Tesla does not make any other guarantees, warranties or representations, or agree to any conditions, express or implied, of any nature whatsoever, including as to merchantability, fitness for a particular purpose, or use, course of dealing or usage of trade. All such guarantees, warranties, representations and conditions are expressly disclaimed to the fullest extent permitted by law. (c)Without limiting any of the other “exclusions” or “items not covered” identified in the Manufacturer’s Limited Warranty, Buyer acknowledges that it shall be solely responsible for labor, travel, parts, shipping and transportation costs associated with repairing or replacing any components of the System (including but not limited to battery pods) that require repair or replacement as a result of (i) faulty installation by Buyer, including installation in a manner inconsistent with the Tesla Manuals; or (ii) Buyer’s failure to connect and begin use and operation of the System within the time period specified in the BESS Transportation and Storage Guidelines or Buyer’s disconnection of the System at any time during the term of the Manufacturer’s Limited Warranty without prior written consent from Tesla, which shall not be unreasonably withheld. If Tesla incurs costs to remedy warranty claims caused by Buyer as described above, Buyer shall pay Tesla’s costs within thirty (30) days of Tesla’s notice thereof. (d)Buyer (or the end user, if applicable) is responsible for establishing and maintaining a backup remote internet connection to the System for purposes of Section 6 of the Manufacturer’s Limited Warranty. If Buyer sells or transfers the System to an end user it shall ensure that it contractually obligates the end user to comply with this backup remo
Slinger® Bag Americas Inc. (“Slinger Bag”) extends the following limited warranty, which applies only to regular use of the Slinger Launcher (as described in more detail below) for the purposes of practicing or teaching Tennis (the “Limited Warranty”). Any other use of the Slinger Launcher shall void this Limited Warranty.
During the applicable Limited Warranty periods described below, the covered components of the Slinger Launcher will be free of defects or malfunctions during normal use. Certain exclusions apply, as further described in this Limited Warranty.
The original owner of the Slinger Launcher, Oscillator, Collector Tube and Cell Phone Holder. The Slinger Launcher, Oscillator, Collector Tube and Cell Phone Holder must remain in the possession of the original purchaser for the warranty to remain valid. This Limited Warranty is not transferable.
Any replacement or repaired component shall be warranted for the remainder of the original Limited Warranty period or 30 days, whichever is longer, or for any additional period that is required by applicable law.
“Vendor Warranty: With regards to the LumiraDx Instrument for a period of [***] from date of the original purchase or upgrade, as applicable, and with regards to the COVID-19 Test Strips and Combination Test Strips as per their referenced shelf life, LumiraDx warrants, to CVS, as the original purchaser whether purchased directly or through its designated distributor, that each Product shall be (i) of good quality and free of material defects, (ii) function in accordance with the material specifications referenced in the Product Insert or Instrument User Manual, and (iii) approved by the proper governmental agencies required for the sale of products for their intended use (the “limited warranty”). If any Product fails to meet the requirements of the applicable limited warranty, then, LumiraDx shall either repair or replace, at LumiraDx’s discretion, the Product as applicable. Except for the limited warranty stated in this section, LumiraDx disclaims any and all warranties, express or implied, including but not limited to, any warranty of merchantability and fitness for a particular purpose regarding the Product. The limited warranty above shall not apply if the customer has subjected the LumiraDx Instrument, COVID-19 Test Strips or Combination Test Strips to physical abuse, misuse, abnormal use, use inconsistent with the LumiraDx Instrument User Manual or Product Insert, fraud, tampering, unusual physical stress, negligence or accidents. Unused strips must be stored according to the required storage conditions as printed in this product insert and they can be used only up to the expiry date printed on the Test Strip pouch and Test Strip box. Any warranty claims by CVS pursuant to the limited warranty shall be made in writing within the applicable limited warranty period. In the event a Product does not conform to the Product Warranty in any respect, Vendor shall, either: (i) accept return of the defective Product and repair or have repaired the defective Product; or (ii) accept return of the defective Product and provide a replacement Product to CVS. Vendor shall bear the direct costs and expenses of repair and replacement, and Vendor will take all necessary steps to provide repaired or replacement Products to CVS or its designated distributor.
Disclaimer and Exclusion of Warranties. The Limited Warranty applicable to the Order Amount of Units is set forth in Exhibit B hereto. Except if and then only to the extent that is set forth in that Limited Warranty, THE UNITS ARE SOLD TO BUYER ON AN "AS IS" BASIS WITHOUT GUARANTEES OR WARRANTIES OF ANY KIND OR NATURE. BOXABL HEREBY DISCLAIMS AND EXCLUDES ALL IMPLIED OR EXPRESS WARRANTIES RELATING TO THE STRUCTURE, ITS FABRICATION OR THE MATERIALS USED THEREIN, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF HABITABILITY AND WORKMANSHIP. BOXABL EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE UNITS ARE IN COMPLIANCE WITH STATE, LOCAL OR TRADE ORGANIZATION OR ASSOCIATION BUILDING CODES, OR SATISFY ANY CONDITIONS REQUIRED FOR ISSUANCE OF CERTIFICATES OF HABITABILITY, OCCUPANCY OR THE LIKE BY ANY GOVERNMENTAL AUTHORITY. Some States, Territories and Countries do not allow certain liability exclusions, so to that extent the above disclaimer and exclusions may not apply to Buyer.
Limited Warranty 1.Boxabl warrants, that for a Warranty Period of ten (10) years following the date of delivery of each Unit to Buyer, the Unit purchased by Buyer will be free from substantial defects in material or workmanship ("Covered Defect"). 2.To make a claim under this Limited Warranty, the Covered Defect must arise during the Warranty Period, and the Buyer must notify the Boxabl either within the Warranty Period or within ten days following the end of the Warranty Period.
Boxabl's obligation under this Limited Warranty with respect to any undisputed Covered Defect of which it is timely notified is to repair or replace the affected portions of the Unit. If in the case of replacement the identical portion is not available, Boxabl will install a similar portion of a quality and finish equal to or greater than the portion being replaced. Buyer agrees that any replaced portions become the property of the Boxabl. The determination of whether to repair or replace the affected portions of the Unit will be made solely by the Boxabl. Any replacement portion will be covered by the balance of the Warranty Period remaining from the replaced portion, but no longer.
The appliances, heating and air conditioning equipment and certain other accessories delivered with the Unit are not covered by this Limited Warranty, but rather by the terms of any warranties provided by their manufacturers. Any written warranty terms provided by those manufacturers will be included with the Unit as purchased by Buyer. Buyer can contact Boxabl to assist in obtaining appliance manufacturer warranty service.
Except for Covered Defects, this Limited Warranty does not apply to any other conditions or defects. The following list describes some of the conditions or defects not covered by this Limited Warranty. ·Damage to the Unit which may occur in the course of transit, delivery and placement of the Unit. ·Conditions or defects caused by or arising from site location or site preparation for the Unit, including but not limited to inadequate foundation, settling, shifting soil and ground water flow, ponding or drainage ·Damage to the Unit caused by or arising as a result of improper deployment of floor portions, walls or wall portions, or roof portions.
“Limited Warranty” or “Limited Warranties” has the meaning set forth in Section 4.1.
PRODUCT WARRANTY 4.1Limited Warranty. The Products shall conform to Enphase’s standard limited warranties as set forth on its website (www.enphase.com/en-us/warranties) as well as the minimum criteria set forth in this Section 4.1 (“Limited Warranty”). The Limited Warranty is set forth in Exhibit G, and applies to all Products subject to this MSA, regardless of whether the specific Product name is listed in Exhibit A. During the Term, Enphase will not reduce the coverage provided by the Limited Warranty. Without limiting SunPower’s rights to terminate this MSA or any Party’s obligations set forth in Article VIII: (i) the Limited Warranty contains SunPower’s, System Owners’, and other Third-Party users’ exclusive remedy for Defective Products, and sets forth Enphase’s entire liability for any breach of the Limited Warranty, and (ii) except as expressly provided in this Section 4.1, Enphase’s liability with respect to the Products shall be limited to the Price paid for the Products. The Limited Warranty may be changed from time to time by Enphase, but the Limited Warranty shall, at a minimum, include the following minimum criteria:
No other product warranties; non-reliance. Except as otherwise expressly provided for in this MSA and the limited warranty, neither party has made or makes any other representations or warranties, express or implied, regarding the products, including any warranty of merchantability, fitness for a particular purpose, title, non-infringement, or performance of products to standards specific to the country of import, whether arising from law, course of dealing, course of performance, usage of trade, or otherwise, and all of which are expressly disclaimed. SunPower agrees that it has not relied on any representation or warranty regarding the products other than that specifically provided in this section 4.4. This section 4.4 does not limit or alter any warranties expressly set forth in the APA.
Limitations On Lennar Limited Warranty Homeowner Obligations. You are obligated to care for your Home in such a way as to prevent or minimize damage to it and to properly maintain the Home. You should be aware that all homes go through a period of settlement and movement. During this period, your Home or components of your Home may experience some material shrinkage, cracking and other events which are normal and customary. Remember that you are responsible for proper maintenance of your Home including maintaining the original grades around your Home, planting trees and shrubs at a proper distance from your Home and conforming to generally accepted landscape practices for your region. Changing the drainage and grading patterns or trapping water near your Home as a result of homeowner changes in grades and landscaping may cause damage to your foundation.
Disclaimer of Implied Warranties. Except as prohibited by laws of the state in which the Home is located, all other warranties, express or implied, including but not limited to any implied warranty of habitability, are hereby expressly disclaimed and waived. The terms of the Lennar Limited Warranty shall not be added to or varied either orally or in writing, and you agree to immediately notify Lennar if you believe any employee or agent of Lennar has added to or varied, either orally or in writing, the terms of the Lennar Limited Warranty. Such notification shall not be deemed as a modification of the agreement regardless of whether Lennar responds to the notice either verbally or in writing. In the event that any provision of the Lennar Limited Warranty is determined to be unenforceable in your state, such determination shall not affect the validity of the remaining provisions of the Lennar Limited Warranty.
Cap on Lennar Limited Warranty. Lennar’s total financial obligations under the Lennar Limited Warranty are limited to the original sales price of your Home. This cap is calculated based on the cumulative total of all repairs, replacements or payments made during the Lennar Limited Warranty. Our costs of designing, accomplishing and monitoring repair to your Home are included in this cumulate total.
Warranty Claims. The Limited Warranty is effective only if Product Owner gives prompt written notice to Manufacturer of any alleged breach of the Limited Warranty, which notice shall specifically describe the problem and shall state the date of sale and name and location of the recipient of the Product originally shipped by Manufacturer. Notwithstanding anything to the contrary contained herein, Manufacturer shall have no obligation under the Limited Warranty unless it receives such notice within thirty (30) days following the expiration of the warranty period. In the event of any breach of the Limited Warranty Manufacturer’s sole obligation is to replace each non-conforming Product within a reasonable period of time and to pay for the costs of shipment to the original recipient of the Product or as otherwise specified by Product Owner.
THE LIMITED WARRANTY REFERRED TO IN THIS SECTION IS THE ONLY WARRANTY, EXPRESS OR IMPLIED, THAT MANUFACTURER MAKES WITH RESPECT TO THE PRODUCTS. MANUFACTURER SPECIFICALLY DISCLAIMS ALL OTHER IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
A limited warranty is a guarantee provided by a seller to a buyer, promising to repair or replace a product if necessary within a certain period. However, unlike a full warranty, a limited warranty may come with specific conditions and limitations, such as covering only certain parts, requiring customers to cover shipping costs, or offering service only if the product is used as intended.
You should consider using a limited warranty in the following situations:
Here are the steps to writing a clear and effective limited warranty:
Example:
Limited Warranty Notice
This device is warranted to be free from defects in materials and workmanship for a period of one (1) year from the date of purchase. This warranty is limited to the repair or replacement of any potentially defective item. This warranty does not cover damages due to misuse, abuse, or accidents.
Limited warranties are commonly found in several types of contracts, including:
Dive deeper into the world of clauses and learn more about these other clauses that are used in real contracts.
Liquidated damages are a predetermined sum agreed upon by the parties to a contract, payable in the event of a specified breach, serving as compensation for losses that are difficult to quantify. This clause aims to provide certainty and avoid lengthy legal disputes over actual damages while discouraging breach of contract.
A liquidity covenant is a financial stipulation included in loan agreements requiring the borrower to maintain a specified minimum level of liquid assets or cash flow to ensure they can meet their short-term obligations. Non-compliance with this covenant can lead to penalties, increased interest rates, or even the loan being called in by the lender.
A loyalty clause in a contract typically requires one party to refrain from engaging in activities that could undermine or compete with the interests of the other party during and sometimes after the contract term. Such clauses are often included in employment or partnership agreements to ensure commitment and allegiance to the company's goals and policies.
Try our AI contract analysis and extract important clauses and information from existing contracts.
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