Sentences with phrase «for breach of warranties»

It therefore follows that there is legal recourse under contract and / or tort for breach of warranties and misrepresentation.

To the fullest extent permitted by law, these disclaimers and limitations of liability apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the Help Scout Service under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence).

Where any law implies a warranty into these terms of use which may not lawfully be excluded, then to the maximum extent permitted by law, our liability for breach of the warranty will at our option be limited to the supply of the Services again, or the payment of the cost of having them supplied again.

Where applicable law implies any warranty, term or condition, and that law prohibits exclusion or modification of the application of the liability of Apeejay Surrendra Park Hotels Ltd under, any such warranty, term or condition, then the liability of Apeejay Surrendra Park Hotels Ltd shall include liability for that warranty, term or condition but such liability will be limited for a breach of that warranty, term or condition to one or more of the following:

For a breach of warranty, the injured party may only sue for damages in consequence.

In a recent highlight, the frequently recommended Rupert Bellinghausen defended an international industrial services provider against damage claims for breach of warranty as part of a post-M & A arbitration.

U.S. supplier of advanced LED panels in Hong Kong arbitration against Chinese manufacturer for breach of warranty resulting in defective products and defending counterclaim alleging breach of trade secret laws

Injuries on residential property caused by a negligent landlord (may be liable for negligence as well as for breach of warranty of habitability claims)

Usually, the only way you could be sued for breach of warranty liability is by the company that employed you for breaching your contract with them, and only pursuant to the terms of that contract.

Zoya Ltd v Ahmed [2016] EWHC 2249 (Ch); [2016] 4 W.L.R. 174; [2016] All ER (D) 75 Acted for solicitors in claim for breach of warranty of authority in litigation brought by a company.

Whether you find yourself needing to potentially bring or defend a claim for breach of warranty, we are best placed to advise on the legal issues and guide you through the progress of dispute resolution and, if necessary, arbitration or litigation.

Vendors of used cars and parts may also be liable for breach of warranty or disclosure.

Acting for a NASDAQ listed company, who was the claimant in proceedings for breach of warranty and fraudulent misrepresentation.

Sycamore / Bidco in its successful claim for breach of warranty and misrepresentation.

General practitioners can also be helpful to individuals who need basic legal documents drafted like in the case of an uncomplicated sale of a house, for a lemon law case, or for a breach of warranty claim.

Recovery in a product liability case in Virginia is dependent on either proving negligence or establishing a case for breach of warranty.

In product liability cases in Virginia, a seller or installer also may be held liable for breach of warranty.

Proceedings for breaches of the warranties and deceit would have been issued some four years earlier than they were in this case, because of the intervening criminal trial.

Not exact matches

Oregon also accuses Oracle of breach of contract, along with civil racketeering, for «failing to deliver on its obligations, overcharging for poorly trained Oracle personnel to provide incompetent work, hiding from the state the true extent of Oracle's shoddy performance, continuing to promise what it could not deliver, and willfully refusing to honor its warranty to fix its errors without charge.»

GM shall not be liable for incidental or consequential damages, such as, but not limited to, lost wages or vehicle rental expenses, resulting from breach of this written warranty or any implied warranty.

It would however mean breach of warranty clause and that is something that needs to be borne in mind while going for rooting procedure using Dingleberry.

Michelle Hainley of Lancaster County filed a class action lawsuit Oct. 7 in U.S. District Court for the Eastern District of Pennsylvania, citing breach of implied warranty and breach of express warranty.

This doesn't mean that Amazon will offer any special support for such endeavors, and indeed it will still most likely result in a breach of warranty for anybody who chooses to go this route, but they don't seem to see much profit in staying on top of any potential exploits and holes in the security.

The parties have agreed to indemnify each other against certain losses, including losses for breaches of representations, warranties and covenants.

Hunte is sued in particular for breach of the implied and express warranties of merchantability.

Hunte is also charged with breach of implied and express warranties of merchantability for selling sick puppies.

You agree to indemnify Humane Alliance for all damages and expenses (including reasonable attorney's fees) arising out of any breach or failure of the warranties made herein.

15.3 Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.

«Because Halo 3 is not fit for either its ordinary purpose or for the particular purposes for which it was sold, defendants have breached the statutorily implied warranties of the Song - Beverly Consumer Warranty Act.»

You agree to reimburse each Square Enix Party (as defined in section 3.2 above) in full for the amount of any and all claims, proceedings, actions, demands, damages, losses, liabilities, costs and expenses suffered or incurred by such Square Enix Party, in each case as a result of or in connection with: (a) any breach of any of your obligations, warranties, representations or undertakings under the Site Terms; and / or (b) any illegal use of your Membership or Account by any person (s).

Breach of a warranty can lead to damages or orders for performance but not termination of the contract i.e. if they break their agreement they can probably be forced to get rid of the pets but can't be evicted.

24.3 Each party agrees that it shall have no right or remedy (other than for breach of contract) in respect of any statement, representation, assurance or warranty (whether made negligently or innocently) other than as expressly set out in this Agreement.

The claim under the breach of warranty provision was not offset for the plaintiff's comparative negligence.

Because the lighter was fit for its ordinary purpose of producing a flame, the Court found that it was merchantable, and thus, no claim for breach of the implied warranty of merchantability was cognizable against the manufacturer.

In California, you might also hold someone responsible for the safety failure for negligence or breach of warranty.

Would it be a breach of warranty, say of fitness for purpose, for the manufacturer or vendor to allow a machine one has sold to become vulnerable to attack in such a short time?

Special Master to decide pending discovery motions in action brought by issuer of financial guaranty insurance policies for residential mortgage - backed securitization transactions for breach of loan - level representations and warranties when securitizations began to experience increases in delinquencies and defaults in the underlying mortgages

For example, a retailer might have injuries in the nature of breach of warranty liability in suits brought against retail sellers by injured consumers under the Uniform Commercial Code that the retail sellers would be seeking indemnification of from the California based wholesale distributor.

The plaintiffs are suing for fraud, negligent misrepresentation, breach of warranty and false advertising, and are represented by these guys.

Negligence, strict liability, or breach of warranty of fitness are generally the main bases for product liability claims.

Successfully represented acquirer in an asset sale against the seller for breach of the representations and warranties about the condition of the assets

For instance, if some or all of the selling management of a target is staying on with the company post-sale, and a breach of warranty claim arises after completion, the attempted resolution of that claim could lead to conflict.

The underlying proceedings concerned several claims for damages, inter alia, for misrepresentation and breaches of contractual warranties in the light of the existence of undisclosed third party rights relating to the trade marks.

ICC Arbitration involving alleged $ 50 million in damages for alleged breaches of representations and warranties in purchase and sale agreement relating to power generation facilities in Colombia.

Grounds for a Massachusetts products liability lawsuit related to any of these defects can include negligence, breach of warranty, and misrepresentation.

The court held that because the plaintiff did not claim economic damage for the loss of the shirt, the breach of warranty claims were based in tort, and were therefore part of the products liability claim under the Indiana Products Liability Act (IPLA).

Hathaway filed suit against Cintas, asserting causes of action for negligence, breach of warranty, and products liability.

Sophie advises and acts in insurance matters, including the construction of insurance policy wordings, breach of warranty claims, avoidance of policies of insurance for misrepresentation and non-disclosure and claims under the Third Parties (Rights Against Insurers) Act 1930.

Though product liability actions may be brought as breach of warranty, negligence, or strict liability claims, product liability actions to recover damages for a victim's personal injury or death are usually brought as strict liability claims.

Although it is rare for a doctor or hospital to promise specific results from a procedure, surgery or treatment, if such a guarantee is given but not achieved, the failure to produce the promised outcome may give rise to an action for breach of contract or breach of warranty.