Exceptions to Warranty. The Warranty excludes remedy, and Contractor shall have no liability to Owner, for any damage or defect to the extent caused by: (i) improper repairs or alterations, misuse, neglect or accident by Owner; (ii) operation, maintenance or use of the Project, Work or any component thereof in a manner not in compliance with a material requirement of operation and maintenance manuals delivered by Contractor to Owner; (iii) normal wear and tear; (iv) normal corrosion or (v) an event of Force Majeure (but only, with respect to obligations under this Article 12, to the extent such event of Force Majeure occurs after Substantial Completion of the Subproject).
Exceptions to Warranty. The warranty shall not apply to scheduled maintenance items, and items such as tires and tubes, nor to items furnished by the purchaser such as radios, fare boxes, and other auxiliary equipment, except insofar as such equipment may be damaged by the failure of a part or component for which Contractor is responsible.
Exceptions to Warranty. The Warranty excludes remedy, and Contractor shall have no liability to Owner, for damage or defect to the extent caused by: (i) improper repairs or alterations, misuse, neglect or accident by Owner; (ii) operation, maintenance or use of Work or any component thereof in a manner not in compliance with a material requirement of operation and maintenance manuals delivered by Contractor to Owner; or (iii) normal wear and tear.
Exceptions to Warranty. The warranty set forth in Section 10 does not apply upon any of the following:
Exceptions to Warranty. A. The Limited Warranty in Section 1 does not cover defects, damage to the Product or Product failure caused by:
Exceptions to Warranty. The Warranty excludes remedy (and Contractor shall have no liability to Owner) for any damage or defect to the extent caused by: (i) improper repairs or alterations, misuse, neglect or accident by Owner Group after Substantial Completion; (ii) operation, maintenance or use of Project 3, Work or any component thereof by Owner Group after Substantial Completion in a manner not in compliance with a material requirement of operation and maintenance manuals delivered by Contractor to Owner; (iii) modifications or changes to the LNG Plant based on a Chart Design Derivation, in either case, in a manner not in compliance with a material requirement of any installation, operation and maintenance manuals delivered by Chart to Contractor and by Contractor to Owner; (iv) normal wear and tear; (v) normal corrosion or (vi) an event of Force Majeure (but only, with respect to obligations under this Article 12 to the extent such event of Force Majeure occurs after Substantial Completion).
Exceptions to Warranty. Notwithstanding the foregoing, Entrust shall have no obligation to fix errors in the Software caused by accident, misuse, abuse, improper operation, misapplication, or any other cause external to the Software, or if such repair service would constitute an excluded service pursuant to the Support provisions.
Exceptions to Warranty. The warranty provided above shall be void if the non-conformity or defect at issue results from or relates to any of the following (each of the following being an “Unsupported Cause”): (i) the Product fails, malfunctions or is damaged, or the non-conformity or defect arises, as a result of any improper, incorrect or unauthorized handling, storage, installation, shipping, use, maintenance, removal, modification, services or repair; (ii) the Product is accidentally damaged or is subjected to abuse or neglect (including, without limitation, any damage that arises from environmental or operational conditions, such as, but not limited to, electrostatic discharge, externally caused short circuits, incorrect voltages or other improper external inputs); (iii) the Product is modified or altered where the modification or alteration was not provided by or expressly authorized in writing by GenMark; (iv) the Product is damaged such that GenMark is unable to verify the nonconformity or defect in the normal course of Product testing; (v) in the case of an Instrument, the Instrument is moved or relocated by anyone other than a GenMark authorized service technician unless GenMark approves in writing such move or relocation prior to the occurrence thereof; or (vi) the Product is used in combination with any technology, hardware, software, product, material and/or other property (including, without limitation, any chemicals and reagents) not supplied by GenMark or expressly authorized in writing by GenMark or the applicable Product documentation (including, without limitation, label claims and product inserts). Any claims related to breach of the above Product warranty that are not made by the Customer within the applicable Product warranty period will be forfeited and void. The above Product warranty is provided to only the Customer who originally acquired the Product from GenMark and is not transferable or assignable to any other person or entity.
Exceptions to Warranty. This grant is subject to any and all encumbrances and easements of record, to the extent the same are valid and enforceable.
Exceptions to Warranty. Each Warranty excludes remedy, and Contractor shall have no liability to Owner, for damage or Defect occurring after Substantial Completion of a Train to the extent caused by: (i) improper repairs or alterations, misuse, neglect or accident by Owner or any third party; (ii) normal wear, tear or corrosion; or (iii) operation, maintenance or use of Work or any component thereof in a manner not in compliance with a material requirement of operation and maintenance manuals delivered by Contractor to Owner.
