Exclusions from Warranty Claims Sample Clauses

Exclusions from Warranty Claims. No facts or circumstances will give rise to a Warranty Claim to the extent that those facts or circumstances:
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Exclusions from Warranty Claims. No fact or circumstance will give rise to a Warranty Claim to the extent that fact or circumstance is specifically disclosed in the Disclosure Letter delivered by the Vendors to the Purchaser prior to the Condition Date.
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Exclusions from Warranty Claims. No facts or circumstances will give rise to a claim by the Investor against the Company under clause 9.2 to the extent that those facts or circumstances:
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Exclusions from Warranty Claims. No facts or circumstances will give rise to a claim by the Investor against the Company under clause 9.2 to the extent that those facts or circumstances: were available on a public register, file or record maintained by the New Zealand Companies Office, the Intellectual Property Office of New Zealand or the Personal Property Securities Register as at the date of the Agreement; or arose because of an action taken by the Company with the Investor’s prior written consent.
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Exclusions from Warranty Claims. No fact, event or circumstance will give rise to a Warranty Claim or to any other loss, claim or damage, whether arising under this Agreement or not, to the extent the relevant facts, events or circumstances:
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Exclusions from Warranty Claims. No facts or circumstances will give rise to a Warranty Claim to the extent that those facts or circumstances: are fully and fairly disclosed with sufficient particularity in Schedule 3; are known to the Investor on or prior to the date of this agreement; are a forecast, projection, estimate, opinion or forward-looking statement as to the performance, prospects, financial condition, results of operations, strategy or plans of the Company; or arise because of an action taken by the Company with the Investors' or the Investor Directors' prior express written consent. No Warranty Claim may be made against the Warrantors unless notice of such Warranty Claim is served on the Warrantors giving reasonable details of the Warranty Claim by no later than the date which is 12 months following the Completion Date. The Warrantors will not be liable in respect of any Warranty Claim to the extent that the matter or thing giving rise to such a Warranty Claim is capable of being remedied and is remedied to the reasonable satisfaction of the Investors (acting reasonably) within 20 business days of the date on which notice of such Warranty Claim is given to the Warrantors. Warranty Cap Despite any other provision of this agreement, the aggregate liability of the Warrantors in respect of or in connection with this agreement (including in respect of a Warranty Claim) shall not exceed: in the case of the Company, an amount equal to the Investment Amount; and in the case of each of the Founders, [Rs. insert amount]3. Indemnity The Company (or where the Founders are also in breach of clause 4.1.2 the Warrantors jointly and severally) indemnify the Investors against any loss or expenses suffered or incurred by the Investors resulting from a breach of clause 4.1. General authority Warranty Each party warrants to each of the other parties that: it has the legal right, authority and full power to enter into this agreement and to perform its obligations under it and has taken all necessary corporate and other action to authorise its execution, delivery and performance; and this agreement constitutes valid and binding obligations of that party enforceable against that party in accordance with its terms. 5BOARD AND PROTECTIVE PROVISIONS Board Composition The Company will have a maximum of [insert number] Directors. Investor Directors/ observation right For so long as each Investor [holds Shares in the Company] [holds not less than [insert] per cent of the Shares in issue it will have the...
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Exclusions from Warranty Claims. No facts or circumstances will give rise to a Warranty Claim to the extent that those facts or circumstances: Disclosed: are fully and fairly disclosed with sufficient particularity (so that the Investor[s] can understand the relevance and impact of the disclosure on the Warranties) in Schedule 5 or the Due Diligence Materials; or Actions with Consent: arise because of an action taken by the Company with prior express written consent of the Investor[s][, or Investor Representative,][ or an Investor Director]. Warranty Caps: The Company’s liability to [each][the] Investor under or in connection with any Warranty Claims will not exceed the Investment Amount paid to the Company by or on behalf of [that][the] Investor. [Each Founder’s liability to the Investor[s] under or in connection with any Warranty Claims will not exceed $[30,000]]. Time limit: Despite any other provision in this agreement, no claim may be made in respect of the Warranties, unless written notice of the claim has been given to the Company by an Investor [or Investor Representative] within [12] months of Completion.
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Exclusions from Warranty Claims. No facts or circumstances will give rise to a Warranty Claim to the extent that those facts or circumstances: Disclosed in Exceptions Schedule: are fully and fairly disclosed with sufficient particularity in schedule 4; or Actions with Consent: arise because of an action taken by the Company with the Investors' or the Investor Directors' prior express written consent.
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Exclusions from Warranty Claims. No fact, event or circumstance will give rise to, and the Vendors are not liable to make any payment for, a Warranty Claim (other than in respect of the Tax Warranties), to the extent the relevant facts, events or circumstances: a are expressly provided for under the terms of this Agreement; b arise because of a change or changes in any law or accounting policies, or the introduction of any new law or accounting policies, after the date of this Agreement, or the withdrawal or change of any law or administrative practice of any governmental agency, including any law or change to a law which takes effect retrospectively, or the imposition of any Tax not imposed, or the increase in any Tax imposed, as at the date of this Agreement; c are made good or have been made good without cost, loss or liability to the Purchaser or any Group Company; d would not have arisen but for: i a breach of law or contract, or commission of a tort by the Purchaser or (after Completion) any Group Company which is not caused by any act or omission by or on behalf of any Vendor (which shall include, without limitation, the breach of any Warranty) or by or on behalf of any Group Company prior to Completion; ii any other obligation or commitment entered into by or on behalf of the Purchaser or any related company of the Purchaser (including any Group Company) after Completion; or iii the Purchaser or any related company of the Purchaser (including any Group Company) after Completion admitting liability in respect thereof other than in accordance with clause 10.9; e relate to or are connected with any future or prospective financial information, forecasts, estimates or projections in respect of which, notwithstanding any term of this Agreement, the Vendors make no warranty or representation (whether as to reasonableness, accuracy, completeness or otherwise) or accept any liability whatsoever, whether in respect of any Warranty Claim or for any other loss, claim or damage whatsoever and whether under or in respect of any matter arising from this Agreement or otherwise in relation to the sale of the Shares to the Purchaser; f result in a savings in Tax to the Purchaser or any Group Company (“Tax Saving”), but where the Group is unable to utilise the Tax Saving in the income year in which the claim is made, the value of such Tax Savings is to be calculated on a net present value basis applying the following assumptions that (i) the relevant rate of Tax referable to the Tax Saving will be t...
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Related to Exclusions from Warranty Claims

  • EXCLUSIONS FROM WARRANTY This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Microsoft’s reasonable control.

  • Exclusions from Indemnification Notwithstanding anything in this Agreement to the contrary, the Company shall not be obligated to:

  • Exclusions from Coverage The Long-Term Disability Plan does not cover total disabilities resulting from:

  • Warranty Claims This Contractual Warranty is provided by Xxxxxxxxx Electric and covers defects in workmanship and materials in your Product. This warranty period lasts from the date of purchase at the point of sale to you, the original end user, unless otherwise agreed in writing (the "Warranty Period"). This Contractual Warranty is transferable to subsequent owners but only for the unexpired portion of the Warranty Period.

  • Exceptions from Liability Without limiting the generality of any other provisions hereof, neither the Custodian nor any Domestic Subcustodian shall be under any duty or obligation to inquire into, nor be liable for:

  • Exclusions from General Release Excluded from the Release and Waiver are any claims or rights arising pursuant to this Agreement and any claims or rights that cannot be waived by law, as well as Executive’s right to file a charge with an administrative agency or participate in any agency investigation, including with the Equal Employment Opportunity Commission. Executive is, however, waiving the right to recover any money in connection with a charge or investigation and the right to recover any money in connection with a charge filed by any other individual or by the Equal Employment Opportunity Commission or any other federal or state agency, except where such waivers are prohibited by law.

  • Warranty; Limitation of Liability Chobani represents and warrants to Customer that, as of the date of shipment (a) Chobani has the right to convey good title to Products, (b) the Product is not adulterated or misbranded within the meaning of the Federal Food, Drug, and Cosmetic Act, and (c) the Product is not an article which may not be introduced into interstate commerce. EXCEPT AS EXPRESSLY SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE, CHOBANI HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT SHALL CHOBANI BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL OR INDIRECT DAMAGES WHATSOEVER INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, LOST PROFITS, DAMAGE TO GOODWILL OR REPUTATION, BUSINESS INTERRUPTION, OTHER INDIRECT PECUNIARY LOSS OR OTHER INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE, FAILURE TO WARN OR STRICT LIABILITY), CONTRIBUTION, INDEMNITY, SUBROGATION OR OTHERWISE, EVEN IF CHOBANI HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. CUSTOMER ASSUMES ALL RISKS AND LIABILITIES FOR ANY LOSS, DAMAGE OR INJURY TO PERSONS OR PROPERTY RESULTING FROM THE USE OR SUBSEQUENT SALE OF THE PRODUCTS, EITHER ALONE OR IN COMBINATION WITH OTHER PRODUCTS.

  • Warranty Exclusions The Limited Warranty in clauses 1.2 and 1.3 does not apply:

  • Product Warranty Claims When we receive a valid warranty claim for an HP hardware or software product, HP will either repair the relevant defect or replace the product. If HP is unable to complete the repair or replace the product within a reasonable time, Customer will be entitled to a full refund upon the prompt return of the product to HP (if hardware) or upon written confirmation by Customer that the relevant software product has been destroyed or permanently disabled. HP will pay for shipment of repaired or replaced products to Customer and Customer will be responsible for return shipment of the product to HP.

  • Warranty Limitations This Contractual Warranty does not warrant uninterrupted or error-free operation of the Product or cover normal wear and tear of the Product or costs related to the removal, installation, or troubleshooting of the customer's electrical systems. The warranty claims that relate to defects caused by any of the following factors are not covered by the Contractual Warranty: • Improper Use or Non-compliance with installation, commissioning, operation or maintenance instructions (i.e. not according to the operation & installation manual) • Unauthorized modifications, changes or attempted repairs, • Vandalism, destruction through external influence and/or persons/animals • Use in an unsuitable environment, including any environment or location that causes excessive wear and tear or dirt or dust or debris buildup within the system or that is difficult or unsafe for Xantrex LLC representatives to access • Insufficient ventilation • Installation in a corrosive environment • Failure to observe applicable safety standards & regulations • Damages during transportation or storage • Force majeure, examples include, but not limited to: fire, flood, earthquakes, storm damage, overvoltage & lightning strikes • Exposure to fire, water, snow, moisture, or liquid ingress (except for any such exposure to environmental conditions that your Product was specifically designed to withstand as indicated in the applicable specifications for your Product) • Used as a component part of a product expressly warranted by another manufacturer • If the original identification (trade-mark, serial number) markings have been defaced, altered, or removed • Consumable components of any type are not covered, including but not limited to fans, fuses and filters etc. • Cosmetic shortcoming which do not impair the use of the product for the intended purpose i.e. supply of energy Warranty claims also exclude: • Damages arising due to the fact that the use of the product for the intended purpose is no longer possible or only possible with restrictions as a result of amendments to the statutory provisions applicable to the operation of the product made after the delivery of the product • Compensation for damages related to loss of power production or business operation or any expenses incurred by customer towards repair & replacement of the product (including but not limited to labor, transportation, temporary power) • Cost arising from changes to existing PV systems or building installations or vehicle or marine vessel installation and like • Additional costs and expenses (i.e. shipping costs, travel, accommodation, meals, etc.) arising due to remote locations of the indicated geographies, including but not limited to islands and overseas territories

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