Exclusions from Maintenance Services Sample Clauses
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Exclusions from Maintenance Services. Unless otherwise agreed, Nuance shall not be obligated to provide Maintenance Services for, or required as result of (i) any Product modified by anyone other than Nuance; (ii) any Product used for other than its intended purpose; (iii) any Product used with any Third Party Equipment not specified as compatible with said Product in the Product’s Documentation; (iv) any Product being used with Third Party Software not supplied or specified by Nuance; (v) any Product (including any associated equipment, software or firmware) which Customer failed to properly install or maintain; (vi) any willful or negligent action or omission of Customer, (vii) any computer malfunction not attributable to the Products; or (viii) damage to Products from any external source, including computer viruses unattributable to Nuance, computer hackers, or force majeure events.
Exclusions from Maintenance Services. Maintenance Services do not include repair of damage, replacement of parts, or increase in service time caused by:
(i) Failure to continually provide a suitable environment prescribed by ▇▇▇▇▇, including adequate space, electrical power, air conditioning and humidity control;
(ii) Neglect; misuse, including use of the Machines for purposes other than for which they were designed;
(iii) Accident, disaster (including water, wind, and lightning), transportation, vandalism, or burglary;
(iv) Alterations, including, but not limited to, any deviation from ▇▇▇▇▇’▇ Machine design;
(v) Attachments, including, but not limited to, any interconnection to the ▇▇▇▇▇ Machine of non-▇▇▇▇▇ products or devices not under a ▇▇▇▇▇ maintenance agreement;
(vi) Model conversions, including, but not limited to, upgrades and downgrades between models and Machine types, or installation or removal of a ▇▇▇▇▇ feature whenever any of these activities was performed by other than ▇▇▇▇▇, except that this Section 13(a)(vi) will apply only during the first three-month period subsequent to such Machine modification that the Machine covered by this Agreement;
(vii) Maintenance or repair of the Machine performed by a third party who is not an agent or contractor of ▇▇▇▇▇; or
(viii) Damage or repetitive service calls caused by the use of, inadequate use of, or failure to use, supplies.
Exclusions from Maintenance Services. The following are exclusions / limitations to the maintenance services:
2.1 As part of the maintenance services we are only obliged to repair your grill twice a calendar year. We may agree to carry out additional repairs but you will be liable to pay us for any such repairs at our standard rates.
2.2 The maintenance services do not cover the following excluded defects: • defects caused by accidental damage • cosmetic deterioration due to fair wear and tear • defects caused by any unauthorised modification or repair to the grill • defects resulting from failure to operate, maintain and clean the grill according to the manufacturer’s instructions. Operating and maintenance instructions are supplied with your grill. Copies can be obtained on request from us and are also available at ▇▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇.▇▇
2.3 If, on inspection of your grill, we find no fault with your grill or we believe that the defect is an excluded defect (as detailed above) then we will charge you, and you will pay, an inspection fee (which will be no more than £100 exclusive of VAT) and you will be liable for the entire cost of the delivery/return of your grill and our loan grill to and from you/us.
Exclusions from Maintenance Services. Maintenance Services do not include repair of damage, replacement of parts, or increase in service time caused by: Failure to continually provide a suitable environment prescribed by ▇▇▇▇▇, including adequate space, electrical power, air conditioning and humidity control; Neglect; misuse, including use of the Machines for purposes other than for which they were designed; Accident, disaster (including water, wind, and lightning), transportation, vandalism, or burglary; Alterations, including, but not limited to, any deviation from ▇▇▇▇▇’▇ Machine design; Attachments, including, but not limited to, any interconnection to the ▇▇▇▇▇ Machine of non-▇▇▇▇▇ products or devices not under a ▇▇▇▇▇ maintenance agreement; Model conversions, including, but not limited to, upgrades and downgrades between models and Machine types, or installation or removal of a ▇▇▇▇▇ feature whenever any of these activities was performed by other than ▇▇▇▇▇, except that this Section 14(a)(vi) will apply only during the first three-month period subsequent to such Machine modification that the Machine covered by this Agreement; Maintenance or repair of the Machine performed by a third party who is not an agent or contractor of ▇▇▇▇▇; or Damage or repetitive service calls caused by the use of, inadequate use of, or failure to use, supplies.
Exclusions from Maintenance Services