Exclusions and Disclaimers. MONDO’S LIABILITY HEREUNDER SHALL BE LIMITED AS SPECIFIED ABOVE, WHICH SHALL BE THE SOLE AND EXCLUSIVE OBLIGATION OF MONDO HEREUNDER. MONDO SHALL HAVE NO LIABILITY FOR ANY CLAIM WHICH IS NOT A COVERED CLAIM. UNDER NO CIRCUMSTANCES WILL MONDO BE LIABLE FOR LABOR OR ANY OTHER COSTS INCURRED IN CONNECTION WITH THE REPAIR, REMOVAL, INSTALLATION OR REPLACEMENT OF ANY SPECIFIED PRODUCTS COVERED BY THIS LIMITED MATERIAL WARRANTY, EXCEPT AS SPECIFICALLY PROVIDED HEREIN. UNDER NO CIRCUMSTANCES WILL MONDO BE LIABLE FOR DIRECT OR INDIRECT DAMAGES, LABOR, REMOVAL, INSTALLATION, INCIDENTAL OR CONSEQUENTIAL DAMAGES, FOR LOST PROFITS, LOST SALES, INJURY TO PROPERTY OR ANY OTHER DAMAGES, LOSSES OR CONTINGENCIES DUE TO OR ARISING OUT OF ANY SPECIFIED PRODUCT, WHETHER OR NOT SUBJECT TO A MANUFACTURING DEFECT. THE LIMITED MATERIAL WARRANTY IS VALID ONLY FOR THE SPECIFIED WARRANTY HOLDER AND IS NOT ASSIGNABLE OR TRANSFERABLE UNDER ANY CIRCUMSTANCES. THERE SHALL BE NO THIRD PARTY BENEFICIARIES (INTENDED OR OTHERWISE) HEREUNDER. THIS LIMITED MATERIAL WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITATION ANY WARRANTY OF MERCHANTABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALSO IS IN LIEU OF ANY OTHER OBLIGATIONS ON THE PART OF MONDO (CONTRACTUAL, TORT OR OTHERWISE). THIS LIMITED MATERIAL WARRANTY CONSTITUTES THE ONLY WARRANTY MADE BY MONDO AND IS A COMPLETE AND EXCLUSIVE STATEMENT OF ITS OBLIGATIONS. MONDO MAKES NO REPRESENTATIONS, EXPRESSED OR IMPLIED, NOT SPECIFIED HEREIN. ANY AND ALL REPRESENTATIONS, PROMISES, WARRANTIES OR STATEMENTS BY MONDO’S EMPLOYEES, REPRESENTATIVES, AGENTS, DEALERS, OR DISTRIBUTORS THAT DIFFER, ENHANCE, AMEND OR EXTEND IN ANY MANNER FROM THE TERMS OF THIS WRITTEN LIMITED MATERIAL WARRANTY SHALL BE OF NO FORCE OR EFFECT. NO REPRESENTATIVE, AGENT OR EMPLOYEE OF MONDO, OR ANY OTHER PERSON, IS AUTHORIZED TO ASSUME FOR MONDO ANY ADDITIONAL LIABILITY OR RESPONSIBILITY WITH MONDO FLOOR COVERING EXCEPT AS DESCRIBED ABOVE.
Exclusions and Disclaimers. The warranties do not extend to any damages, malfunctions, or non-conformities caused by: (i) Customer’s use of Products in violation of the license granted under this Agreement or in a manner inconsistent with the Documentation; (ii) normal wear due to Product use, including but not limited to Product cosmetics and display scratches; (iii) use of non-Avaya furnished equipment, software, or facilities with Products (except to the extent provided in the Documentation); (iv) Customer’s failure to follow Avaya’s installation, operation or support instructions; (v) Customer’s failure to permit Avaya timely access, remote or otherwise, to Products; or (vi) failure to implement Updates provided by Avaya. Warranties do not extend to Products that have been serviced or modified by a party other than Avaya or a third party specifically authorized by Avaya to provide the service or modification. EXCEPT AS REFERENCED AND LIMITED IN THIS SECTION, NEITHER AVAYA NOR ITS LICENSORS OR SUPPLIERS MAKE ANY EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT ANY MATTER UNDER THIS AGREEMENT. AVAYA DOES NOT WARRANT UNINTERRUPTED OR ERROR FREE OPERATION OF PRODUCTS OR DELIVERABLES, THAT THE PRODUCTS AND SERVICES WILL PREVENT TOLL FRAUD, THAT SERVICES WILL DETECT ALL SECURITY THREATS AND VULNERABILITIES, OR THAT SERVICES WILL RENDER CUSTOMER’S NETWORK OR PARTICULAR NETWORK ELEMENTS SAFE FROM INTRUSIONS AND OTHER SECURITY BREACHES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AVAYA DISCLAIMS ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE WARRANTY REMEDIES EXPRESSLY PROVIDED IN THIS AGREEMENT WILL BE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES.
Exclusions and Disclaimers. Any warranty exclusions and disclaimers set out in the Agreement apply to the Cloud Software and Maintenance Services. In addition, neither Distributor nor Avaya is responsible under this Amendment for any software, equipment, hardware or services that Reseller may have separately purchased apart from this Amendment or is re-using. Reseller is responsible to ensure that any such software, equipment or hardware is in good working order and compatible with the Cloud Software.
Exclusions and Disclaimers. (a) The warranties set out in Section 5.2 shall not apply to the extent the breach is caused by or as a result of (i) Your use of the Software and/or Services contrary to Our written instructions or the Documentation, (ii) Your breach of the Agreement, (iii) any modifications or alterations of the Software and/or Services by any party other than Us or Our duly authorized contractors or agents.
Exclusions and Disclaimers. The Limited Warranties do not apply to any lost electricity production or any repair, replacement or correction required due to the following:
Exclusions and Disclaimers. 9.1 The provisions of Schedule 8 shall apply to limit liability under Relevant Claims.
Exclusions and Disclaimers. The warranties provided by Avaya under the Agreement do not extend to any damages, malfunctions, or non-conformities caused by: ***** No Additional Warranty. *****
Exclusions and Disclaimers. THE LIMITED WARRANTY DOES NOT EXTEND TO NORMAL MAINTENANCE SERVICES (SUCH AS ENGINE TUNE-UP, COMPONENT OVERHAUL, CLEANING, CONTROL RIGGING, BRAKE, OTHER MECHANI- CAL ADJUSTMENTS AND MAINTENANCE INSPECTIONS INCLUDING REPETITIVE INSPECTIONS REQUIRED BY PIPER SERVICE BULLETINS OR FAA AIRWORTHINESS DIRECTIVES) OR TO ANY DEFECT DUE TO THE NEGLIGENCE OF OTHERS, FAILURE TO OPERATE OR TO MAINTAIN THE AIRCRAFT, PARTS OR COMPONENTS IN ACCORDANCE WITH APPLICABLE INSTRUCTIONS (AS HEREINAFTER DEFINED), ABUSE, UNREASONABLE USE, ACCIDENTS, ALTERATIONS, INCIDENTS, AND OR NORMAL WEAR AND TEAR. MODIFICATIONS DONE TO THE AIRCRAFT MAY AT THE DISCRETION OF PIPER AIRCRAFT VOID WARRANTY COVERAGE OF THE AFFECTED SYSTEMS OF THE AIRCRAFT. IN SOME CASES, DEPENDING ON THE NATURE OF THE MODIFICATION, THE MODIFICATION MAY VOID
Exclusions and Disclaimers. The limited warranties and performance guarantee provided in this 20 Year Performance Guarantee do not apply to (i) any lost electricity production or (ii) any damage, repair, replacement or correction required due to the following:
Exclusions and Disclaimers. (A) NOTWITHSTANDING THE FOREGOING, SUPPLIER:
