Exclusions from Warranty Coverage. The Warranties do not apply to any equipment not provided by Siemens under this Agreement. Any Product that is described as being experimental, developmental, prototype, or pilot is specifically excluded from the Warranties and is provided to Buyer “as is” with no warranties of any kind. Normal wear and tear is excluded, including any expendable items that comprise part of the Product (such as fuses, light bulbs and lamps). Siemens does not warrant or guarantee that any Product will be secure from cyber threats, hacking or similar malicious activity. Products that are networked, connected to the internet, or otherwise connected to computers or other devices must be appropriately protected by Buyer and/or end user against unauthorized access.
Exclusions from Warranty Coverage. The Warranties do not apply to any Third Party Parts or Equipment or to services not performed by Siemens pursuant to this Agreement. Siemens will have no liability to Buyer under any legal theory for such Third Party Parts, Equipment, services or any related assignment of warranties.
Exclusions from Warranty Coverage. The foregoing warranties do not apply to the extent a non- conformance is due to (i) abuse, misuse, neglect, negligence, accident, improper storage, or use contrary to the Documentation or Specifications, (ii) improper handling, installation, maintenance, or repair (other than if performed by Seller’s personnel), (iii) unauthorized alterations, (iv) Force Majeure events, or (v) use with a third party’s good.
Exclusions from Warranty Coverage. The foregoing warranties in Section 18(a) and (b) shall not apply to the extent a non-conformance is due to (i) abuse, misuse, neglect, negligence, accident, improper storage, or use contrary to the Documentation (misuse includes use of a Consumable more than one time), (ii) improper handling, installation, maintenance, or repair (other than by Illumina personnel), (iii) unauthorized alteration, (iv) acts of God, including without limitation, fire, flood, tornado, earthquake, hurricane, lightning, threat of or actual acts of terrorism or war, or (v) use with a third party’s good not provided by Illumina (unless its Documentation or Specifications expressly state such third party’s good is for use with it).
Exclusions from Warranty Coverage. The Warranties do not apply to (i) any product not supplied by Siemens; (ii) any Third Party Parts or Equipment; or (iii) to services not performed by Siemens pursuant to this Agreement. Siemens will have no liability to Buyer under any legal theory for such products, Third Party Parts, Equipment, services or any related assignment of warranties. Any Product that is described as being experimental, developmental, prototype, or pilot is specifically excluded from the Warranties and is provided to Buyer “as is” with no warranties of any kind. Normal wear and tear is excluded, including any expendable items that comprise part of the Product (such as fuses, light bulbs and lamps). Siemens does not warrant or guarantee that any Product will be secure from cyber threats, hacking or similar malicious activity. Products that are networked, connected to the internet, or otherwise connected to computers or other devices must be appropriately protected by Buyer and/or end user against unauthorized access.
Exclusions from Warranty Coverage. A. The limited warranties do not apply to a System if the defect or the degradation in power output is determined by eNow to be a result of any of the following conditions (or a combination of any of them):
Exclusions from Warranty Coverage. The foregoing warranties do not apply to the extent a non-conformance is due to (i) abuse, misuse, neglect, negligence, accident, improper storage, or use contrary to the Documentation or Specifications, (ii) improper handling, installation, maintenance, or repair (other than if performed by Seller’s personnel), (iii) unauthorized alterations, (iv) Force Majeure events, or (v) use with a third party’s good not provided by Seller (unless the Product’s Documentation or Specifications expressly state such third party’s good is for use with the Product).
Exclusions from Warranty Coverage. The Warranty Period does not apply if Customer caused or contributed to the product failure by any of the following: improper handling, use or operation, abuse or misuse, misapplication, negligence, neglect, corrosion, heat, fire, acts of nature, improper maintenance, lack of reasonable and necessary maintenance, or installations, repairs or modifications made or attempted by anyone other than Agility or its authorized service representative (as designated in writing) without proper training, which, in the reasonable judgment of Agility, adversely affect the performance or reliability of the product. In no event shall Agility’s responsibility extend to any equipment, apparatus or product that Agility has not manufactured or supplied to Customer. This warranty shall not be enlarged, nor shall any obligation or liability of Agility be created, by Agility providing technical advice, facilities or service in connection with any product. Agility’s liability for repair or replacement of any valve or temperature relief device that, within the warranty period, is discovered to have a warranted defect, is limited to the repair or replacement provisions of the warranty extended to Agility by the manufacturer of the device. The Warranty does not cover the cost of labor, shipping or freight charges, travel time charges, charges for removal of goods from equipment, the charges for reinstallation, or the cost of non-Agility parts. Normal wear and tear to goods and damage due to alteration of the goods not done by Agility are also excluded from this warranty. Defective product shall not be returned to Agility without Agility’s prior written authorization. Unless otherwise authorized in writing by Agility, warranty repairs to any product must be performed by Agility or its authorized service representative (as designated in writing). If Agility authorizes a product to be repaired within the Warranty Period at a location other than the plant of manufacture, or if a product is repaired (with Agility’s previous written authorization) locally in lieu of replacement, the warranty is limited to the actual repair cost and shall in no event exceed the net sales price paid by Customer for such product. If a product is repaired locally without Agility’s previous written authorization, such product is not covered by the warranty. The warranty claim for a locally repaired part will be valid only when accompanied by a copy of the local repair invoice and prior authorization by Agility...
Exclusions from Warranty Coverage. The foregoing warranty does not apply to the extent a non-conformance after Illumina delivers the Illumina HLA Existing Product to CareDx is due to (i) CareDx’s negligence, (ii) improper storage or use by CareDx except to the extent required or recommended by the Documentation, applicable specifications or product labeling, (iii) improper handling, installation, maintenance, or repair (other than if performed by Illumina’s personnel, contractors or agents and, for the avoidance of doubt, “improper” does not include any handling, installation, maintenance or repair performed to the extent required or recommended by the Documentation, applicable specifications or product labeling), (iv) unauthorized modification by CareDx other than in conformity with the applicable Documentation, specifications or product labeling, or (v) use of the Supplied Product with a third party’s good not supplied by or on behalf of Illumina (unless the Supplied Product’s Documentation, specifications or product labeling expressly states such third party’s good is for use with the Supplied Product).
Exclusions from Warranty Coverage. Surface Damage: Never use metal shovels or sharp-edged tools to remove snow and ice on the surface of the Product. If the surface of the Product is damaged or punctured, this warranty will be voided. Exposure to Heat: Direct or indirect contact with extreme heat sources (over 275 degrees) may cause fading and may damage the surface of the Product, and any effects of such exposure are expressly excluded from coverage under this warranty. Paint or Other Materials Applied to the Product: If paint or other coating materials are applied to the Product, this warranty will be voided.
