Exclusions and Conditions Sample Clauses

Exclusions and Conditions. 3.1 General exclusions and conditions • Damage arising by not following relevant installation, care, maintenance and use instructions of the present warranty and the installation instructions provided. • Damage arising from improper installation (for example installation on an unlevelled subfloor and installation when there is not sufficient perimeter expansion zone), improper care, improper maintenance or improper use. • Damage arising because the flooring is exposed to extreme cold (beneath 50 degrees Fahrenheit/10 degrees Celsius), extreme heat (above 95 degrees Fahrenheit/35 degrees Celsius). • Damage caused by exposure to excessive moisture (for example excessive moisture in a concrete slab, excessive moisture from hydrostatic pressure, flooding, standing water, water underneath the flooring, excessive moisture as the result of malfunctioning appliances such as dishwashers, ice makers, refrigerators, sinks, pipes). • Damage caused by spills which are not removed promptly. • Normal wear and tear of the flooring. • Normal changes in color, gloss, grain pattern and tone (this is normal for flooring as it ages). • Flooring area in direct sunlight for much of the day (sunrooms, etc.) not glued down on the substrate with premium flooring adhesive. • Damage arising because the flooring is installed in an outdoor area, a solarium, a porch, a garage or areas similar to all of these. • Damage arising because the flooring is not used under normal conditions. • Damage arising from accidents, abuse, misuse, or the use of strong chemicals. • Damage caused by an act of God (for example a natural disaster). • Damage caused by vacuum cleaner beater bars or hard plastics, or metal caster wheels. • Differences in aspect, color, gloss, grain pattern and tone with the reference flooring sample in for example the store or showroom. • Flooring that has been damaged or neglected during transportation. • Scratches, marks, stains and other damage caused by exposure to “abrasives” such as pebbles, grit, sand, high heeled shoes, furniture, etc. • Indentations. • Damage to click joints or indentation due to heavy rolling loads. • Damage of planks coming apart at the seams because they have been engaged/disengaged more than three times. • Damage caused by the collections of dirt and moisture at entrances do due the lack of interior and exterior doormats. • Damage caused by shoes having heeltaps or sharp objects protruding from the sole such as rocks, exposed nails and gravel. • Da...
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Exclusions and Conditions. This warranty excludes and does not apply to: ▪ Normal wear and tear, abuse, neglect, vandalism, alteration, or misuse – all determined by Xxxxxx Seating in its sole discretion. ▪ Acts of God. ▪ Product altered or modified by the user. ▪ User attached accessories. ▪ Consumable Products; light bulbs, lamps, ballasts. ▪ Products not installed by Xxxxxx Seating Approved Installers. ▪ Applied Graphic Solutions. ▪ Products not properly maintained in accordance with Xxxxxx Seating Operating & Maintenance Procedures & Inspection requirements. ▪ Natural variations occurring in wood and/or color fastness and/or variations in matching of colors, grains or textures of materials shall not be considered defects. ▪ Polymer Colors will not fade greater than 5 Delta-E units measured within CIE L*a*b color space. ▪ Powder Coat finish will not fade greater than 5 Delta-E units measured by Hunter L*a*b Color difference per ASTM D2244. ▪ Powder Coat finish will not fade greater than 5 Delta-E units measured by Hunter L*a*b Color difference per ASTM D2244. In the event of repair or replacement of the defective product (or defective component thereof) there is no responsibility for the matching of color, grain, fabric, or texture except to within commercially acceptable standards, as determined by Xxxxxx Seating in its sole discretion. THERE ARE NO OTHER WARRANTIES OTHER THAN THOSE EXPRESSLY STATED ABOVE, WHETHER EXPRESSED OR IMPLIED (INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE) UNLESS SPECIFICALLY AGREED TO IN WRITING BY AN OFFICER OF XXXXXX SEATING IN THE SPECIFIC CIRCUMSTANCE. Xxxxxx Seating is not liable (in contract, tort, or otherwise) for any consequential, special, direct, punitive, or incidental damage. XXXXXXXX NOTICE ADDRESS: Xxxxxx Seating Company Attn: Product Warranty 00 Xxxx Xxxxxx Ext. North Berwick, Maine 03906 USA
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Exclusions and Conditions.  Damage arising by not following relevant installation, care, maintenance and use instructions of the present warranty and the installation instructions provided.  Damage arising from improper installation (for example installation on an unlevelled subfloor and installation when there is not sufficient perimeter expansion zone), improper care, improper maintenance or improper use.  Damage arising because the flooring is exposed to extreme cold (below 60°F / 15°C) or extreme heat (above 95°F / 35°C).  Damage caused by exposure to excessive moisture (for example excessive moisture in a concrete slab, excessive moisture from hydrostatic pressure, flooding, standing water, water underneath the flooring, excessive moisture as the result of malfunctioning appliances such as dishwashers, ice makers, refrigerators, sinks, pipes).  Normal wear and tear of the flooring.  Normal changes in color, gloss, grain pattern and tone (this is normal for flooring as it ages).  Damage arising because the flooring is installed in an outdoor area, a solarium, a porch, a garage or areas similar to all of these.  Damage arising because the flooring is not used under normal conditions.  Damage arising from accidents, abuse, misuse, or the use of strong chemicals.  Damage caused by an act of God (for example a natural disaster).  Damage caused by vacuum cleaner beater bars or hard plastics, or metal caster wheels.  Differences in aspect, color, gloss, grain pattern and tone with the reference flooring sample in for example the store or showroom.  Flooring that has been damaged or neglected during transportation.  Scratches, marks, stains and other damage caused by exposure to “abrasives” such as pebbles, grit, sand, high heeled shoes, furniture, etc.  Indentations.  Damage to click joints or indentation due to heavy rolling loads.  Damage of planks coming apart at the seams because they have been engaged/disengaged more than three times.  Damage caused by the collections of dirt and moisture at entrances do due the lack of interior and exterior doormats.  Damage caused by shoes having heeltaps or sharp objects protruding from the sole such as rocks, exposed nails and gravel.  Damage caused by walking on with spike-or stiletto-heeled shoes.  Damage caused by sliding or rolling heavy objects on the floor. A solid protective covering must be laid (must use at least 1⁄4” / 6.35 mm hard board) on your floor and gently “walk” the item a cross it. Carpet or cardboard i...
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Exclusions and Conditions. Notwithstanding the foregoing, Borrower shall be entitled to withhold any information and exclude the Board Observer from any meeting, or any portion thereof, (a) if in the good faith determination of the Board, access to such information or attendance at such meeting would adversely affect the attorney-client privilege between Borrower and its counsel; or (b) that relates to matters as to which Borrower reasonably determines that Hxxx Capital, the Board Observer or their respective Affiliates, have or are likely to have a conflict of interest, including, without limitation, discussions relating to any agreement (including the Loan Documents) between Borrower or any Affiliate, on the one hand, and Hxxx Capital, the Administrative Agent, the Lenders, the Board Observer or their respective Affiliates, on the other hand. As a condition of the Board Observer’s right to attend any meeting or receive any information, the Board Observer shall (i) execute a confidentiality agreement in form and substance reasonably acceptable to Borrower and Hxxx Capital with respect to all information and discussions to which the Board Observer will have access and (ii) the Board Observer shall agree to abide by the terms of Borrower’s ixxxxxx xxxxxxx policy as if the Board Observer were a director.
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Exclusions and Conditions seller’s obligations with respect to the express warrranties and remedies contained herein are conditioned on the following: (1) buyer’s return of the non-conforming goods, at seller’s option, at buyer’s cost and risk of loss, to sellers plant; (2) buyer shall not assign its rights under these express warranties and any attemptd assignment shall render said warranties, but not any disclaimers and limitaions, void and the goods sold hereinunder shall be sold as is.
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Exclusions and Conditions. SELLER’S OBLIGATIONS WITH RESPECT TO THE EXPRESS WARRRANTIES AND REMEDIES CONTAINED HEREIN ARE CONDITIONED ON THE FOLLOWING: (1) BUYER’S RETURN OF THE NON-CONFORMING GOODS, AT SELLER’S OPTION, AT BUYER’S COST AND RISK OF LOSS, TO SELLERS PLANT; (2) BUYER SHALL NOT ASSIGN ITS RIGHTS UNDER THESE EXPRESS WARRANTIES AND ANY ATTEMPTD ASSIGNMENT SHALL RENDER SAID WARRANTIES, BUT NOT ANY DISCLAIMERS AND LIMITAIONS, VOID AND THE GOODS SOLD HEREINUNDER SHALL BE SOLD AS IS.
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Exclusions and Conditions. The Cloud Service does not include the following:
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Exclusions and Conditions 
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Related to Exclusions and Conditions

  • Restrictions and Conditions (a) Any book entries for the shares of Restricted Stock granted herein shall bear an appropriate legend, as determined by the Administrator in its sole discretion, to the effect that such shares are subject to restrictions as set forth herein and in the Plan.

  • Limitations and Conditions on Benefits The benefits and payments provided under this Agreement shall be subject to the following terms and limitations:

  • Exclusions and Reservations A. Nothing in this Article will be construed as authorizing Company to conduct any business on the Premises, Common Use Areas, or Airport separate and apart from the conduct of its permitted uses as authorized in this Agreement.

  • Exclusions and Limitations The aforementioned “Limited Warranty” does not apply to any Products which have been subjected to

  • Agreements and Conditions On or before the Closing Date, Seller shall have complied with and duly performed and satisfied in all material respects all agreements and conditions on its part to be complied with and performed by such date pursuant to this Agreement.

  • General Terms and Conditions In consideration of the mutual promises contained in this Agreement, and intending to be legally bound, pursuant to Section 252 of the Act, Verizon and PNG hereby agree as follows:

  • GEOGRAPHIC AREA AND SECTOR SPECIFIC ALLOWANCES, CONDITIONS AND EXCEPTIONS The following allowances and conditions shall apply where relevant: Where the company does work which falls under the following headings, the company agrees to pay and observe the relevant respective conditions and/or exceptions set out below in each case.

  • Conditions and Limitations The admission of any Person as a Substituted Member or an Additional Member shall be conditioned upon (i) such Person’s written acceptance and adoption of all the terms and provisions of this Agreement, either by (A) execution and delivery of a counterpart signature page to this Agreement countersigned by the Managing Member on behalf of the Company or (B) any other writing evidencing the intent of such Person to become a Substituted Member or an Additional Member and such writing is accepted by the Managing Member on behalf of the Company.

  • Survival of Terms and Conditions The Parties understand and agree that all terms and conditions of the Agreement that require continued performance, compliance, or effect beyond the termination date of the Agreement shall survive such termination date and shall be enforceable in the event of a failure to perform or comply.

  • Exclusions The Warrant Agent shall have no responsibility with respect to the validity of this Agreement or with respect to the validity or execution of any Warrant (except its countersignature thereof). The Warrant Agent shall not be responsible for any breach by the Company of any covenant or condition contained in this Agreement or in any Warrant. The Warrant Agent shall not be responsible to make any adjustments required under the provisions of Section 4 hereof or responsible for the manner, method, or amount of any such adjustment or the ascertaining of the existence of facts that would require any such adjustment; nor shall it by any act hereunder be deemed to make any representation or warranty as to the authorization or reservation of any shares of Common Stock to be issued pursuant to this Agreement or any Warrant or as to whether any shares of Common Stock shall, when issued, be valid and fully paid and non-assessable.

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