Common use of Exclusions & Additional Services Clause in Contracts

Exclusions & Additional Services. (4.1) The Services do not include: a) Repair of damage arising from the act, er- ror, fault, neglect, misuse, improper operation or omission of the Customer or its servants, agents, contractors or invitees or any person whether or not that person is under the control or direction or authority of the Customer. b) Repair of damage arising from changes, alterations, additions or modifications of the Equipment by a person other than LemnaTec or its personnel. c) Repair of damage caused by incorrect power supply, failure of electrical power, air- conditioning, humidity control or any environ- mental factor. d) Repair of damage caused by the operation of the Equipment other than in accordance with the specifications or otherwise than in ac- cordance withthe direction, instruction or rec- ommendations of LemnaTec or its personnel. e) Repair of damage arising from the re-instal- lation, moving or removing of the Equipment by a person other than LemnaTec. f) Repair of damage caused by any circum- stances beyond LemnaTec reasonable control. g) Furnishing or supplying maintenance of accessories, attachments, supplies, spare parts, consumables or items associated with the Equipment unless otherwise provided in Schedule 3. h) Transportation charges, whether for air, sea or land transport for Services carried on within or outside Germany. i) Work performed outside LemnaTec Service Time. j) The cost of any Equipment or part whether spare art, consumable or otherwisesupplied, unless otherwise provided in Schedule 3. k) The upgrading of or retrofitting of improve- mentsor major modification to the Equipment. (4.2) LemnaTec may at the Customer’s op- tion provide any of the services referred to in clause 4.1 or any other services requested by the Customer, atthe relevant Additional Charge. LemnaTec shall inform the Customer of the associated Additional Charge, and the Customer shall accept the Additional Charge in writing before the services are performed. The Additional Charge shall be payable by the Customer according to clause 7.2.

Exclusions & Additional Services. (4.1) The Services do not include: a) Repair of damage arising from the act, er- rorerror, fault, neglect, misuse, improper operation or omission of the Customer or its servants, agents, contractors or invitees or any person whether or not that person is under the control or direction or authority of the Customer. b) Repair of damage arising from changes, alterations, additions or modifications of the Equipment by a person other than LemnaTec or its personnel. c) Repair of damage caused by incorrect power pow- er supply, failure of electrical power, air- conditioningair-condi- tioning, humidity control or any environ- mental environmental factor. d) Repair of damage caused by the operation of the Equipment other than in accordance with the specifications or otherwise than in ac- cordance accordance withthe direction, instruction or rec- ommendations re- commendations of LemnaTec or its personnel. e) Repair of damage arising from the re-instal- lation, moving or removing of the Equipment by a person other than LemnaTec. f) Repair of damage caused by any circum- stances circums- tances beyond LemnaTec reasonable control. g) Furnishing or supplying maintenance of accessories, attachments, supplies, spare parts, consumables or items associated with the Equipment unless otherwise provided in Schedule 3. h) Transportation charges, whether for air, sea or land transport for Services carried on within or outside Germany. i) Work performed outside LemnaTec Service Time. j) The cost of any Equipment or part whether spare art, consumable or otherwisesupplied, unless otherwise provided in Schedule 3. k) The upgrading of or retrofitting of improve- mentsor major modification to the Equipment. (4.2) LemnaTec may at the Customer’s op- tion option provide any of the services referred to in clause 4.1 or any other services requested by the Customer, atthe relevant Additional Charge. LemnaTec shall inform the Customer of the associated Additional Charge, and the Customer shall accept the Additional Charge in writing before the services are performed. The Additional Charge shall be payable by the Customer according to clause 7.2.