Common use of GENERAL EXCLUSIONS Clause in Contracts

GENERAL EXCLUSIONS. This ‘Warranty’ does not apply to any defects or performance failures comprising or resulting from any of the following. • When the ‘Products’ are not installed as specified in the Installation Manual • When the ‘Products’ are installed by a person lacking the appropriate electrical qualification and license/certificate for the battery installation required by the law, including country and state jurisdictions. • When the ‘Products’ are not purchased through authorized sales channel designated by LG Energy Solution. • When the ‘Products’ are not installed and/or serviced by the ‘Certified Installer’ of LG Energy Solution. • When the ‘Products’ are not manufactured by LG Energy Solution. • When the ‘Products’ are transported, stored, installed, assembled, tightened, or wired out of compliance of the official installation manual and datasheet of the ‘Products’. • When the ‘Products’ are disassembled or dismantled without prior consent of LG Energy Solution. • When the ‘Products’ are damaged by physical or electrical stresses such as, inclusive but not exclusive of, inrush current, lightning, flood, tidal wave, fire, or incidental damage. • When the defect or performance failure occurs or the scope of the defect expands due to improper repair of the ‘Products’ carried out by technicians who are not approved by LG Energy Solution and/or instructed by the ‘Buyer’ without the consent of LG Energy Solution. • When the defect or performance failure occurs in the ‘Products’ due to the wilful misconduct or negligence of the ‘Buyer’ or ‘Reseller’. • When the defect or performance failure occurs due to the misuse, faulty use, or negligent use of the ‘Products’. • When the ‘Products’ are used for purposes other than the Application under Article 4 and Attachment 1. • When a claim is raised for the ‘Products’ after the warranty period specified in Article 3 and Article 4 has expired. • When the scope of the defect or performance failure has expanded because LG Energy Solution or the ‘Reseller’ were not notified of the defect or failure in the period specified in Article 5. • When the defect and/or any expanded scope of the defect are caused by force majeure events, such as war, riot, civil war, natural disasters, etc., that are not wholly or predominantly attributable to the acts or omissions of LG Energy Solution. • When the ‘Products’ are externally damaged but its performance and function are not affected. • When the ‘Products’ are damaged during the transportation from the ‘Reseller’ to the ‘Buyer’. • When the ‘Buyer’ or ‘Reseller’ violates applicable law, including laws or regulations of the state, country or local government while using the ‘Products’. • When a claim for the ‘Products’ is not raised as prescribed in Article 5. • Other defects not attributable to LG Energy Solution and up to the extent general exclusions are permitted under the applicable laws.

Appears in 6 contracts

Samples: solar-distribution.baywa-re.de, cdn.myced.com, gbc-solino.cz

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GENERAL EXCLUSIONS. This ‘Warranty’ Limited Warranty does not apply to any defects defect or performance failures comprising or failure resulting from any of the following. • When the ‘Products’ are not installed as specified in the Installation Manual • When the ‘Products’ are installed manufactured by a person lacking the appropriate electrical qualification and license/certificate for the battery installation required by the law, including country and state jurisdictions. • When the ‘Products’ are not purchased through authorized sales channel designated by 'LG Energy Solution. • When the ‘Products’ are not installed and/or serviced by the ‘Certified Installer’ of LG Energy Solution. • When the ‘Products’ are not manufactured by LG Energy Solution. ' • When the ‘Products’ are transported, stored, installed, assembled, tightened, installed or wired out of compliance improperly and in violation of the official installation manual and datasheet of the ‘Products’manual. • When the ‘Buyer’ disassembles or dismantles the 'Products’ are disassembled or dismantled ' without prior consent of 'LG Energy Solution'. • When the a third-party’s product or part is assembled or used in combination with ‘Products’ are damaged by physical or electrical stresses such as, inclusive but not exclusive of, inrush current, lightning, flood, tidal wave, fire, or incidental damageof 'LG Energy Solution'. • When the defect or performance failure occurs or the scope of the defect expands due to improper repair of the ‘Products’ carried out by technicians who are not non- approved technician by LG Energy Solution and/or instructed by the Buyer’ without the consent of LG Energy Solution. • When the defect or performance failure a fault occurs in the ‘Products’ due to the wilful willful misconduct or negligence of the 'Buyer’ or ‘Reseller’'. • When the defect or performance failure occurs due to the misuse, faulty use, or negligent use of the ‘Products’. • When the ‘Buyer’ violated Article 8. • When the ‘Products” are used with an incompatible (Not Matched) inverter. • When the ‘Products’ are used for purposes other than the Application under Article 4 and Attachment 14. • When a claim is raised for the ‘Products’ after the warranty period specified in Article 3 and Article 4 has expiredelapsed. • When the scope of the defect or performance failure has expanded because the 'Buyer’ did not immediately notify ‘LG Energy Solution or the ‘ResellerSolutionwere not notified of the defect of the ‘Products’. • When the ‘Products’ are affected by unusual physical or failure in the period specified in Article 5electrical stresses such as blackout, inrush current, lightning, flood, fire, incidental damage, or etc. • When the defect and/or any expanded scope of occurs in the defect are caused by '‘Products’' due to force majeure events, such as war, riot, civil war, natural disasters, etc., that are not wholly or predominantly attributable to the acts or omissions of LG Energy Solution’ cannot be held responsible for. • When the ‘Products’ are externally damaged but its performance and function are is not affected. • When the 'Buyer' violates applicable laws or regulations of the state, county or local government while using the '‘Products’' • Other defects not attributable to 'LG Energy Solution' • When the ‘Products’ are NOT purchased and installed by ‘LG Energy Solution’ certified installer. • When the ‘Products’ are damaged during the transportation from the NOT registered on ResellerLG ESS Battery Website’. The ‘Productswhich are not registered, must be registered prior to the ‘Buyer’any warranty claim. • When the ‘Buyer’ or ‘Reseller’ violates applicable law, including laws or regulations of the state, country or local government while using the ‘Products’. • When a claim for the ‘Products’ is not raised as prescribed in Article 5. • Other defects not attributable to LG Energy Solution and up to the extent general exclusions are permitted under the applicable lawsout of warranty.

Appears in 4 contracts

Samples: solarwide.com.au, s3-ap-southeast-2.amazonaws.com, www.solarmarkt.ch

GENERAL EXCLUSIONS. This ‘Warranty’ Warranty does not apply to any defects or performance failures of the Products comprising or resulting from any of the following. : • When the ‘Products’ Products are not installed as specified in the Installation Manual installation manual provided by LG Energy Solution. • When the ‘Products’ Products are installed by a person lacking the appropriate electrical qualification and license/certificate for the battery installation required by the applicable law, including country and state jurisdictions. • When the ‘Products’ Products are not purchased through authorized sales channel designated by LG Energy Solution. • When the ‘Products’ Products are not installed and/or serviced by the Certified Installer’ Installer of LG Energy Solution. • When the ‘Products’ Products are not manufactured by LG Energy Solution. • When the ‘Products’ Products are transported, stored, installed, assembled, tightened, or wired out of compliance of the official installation manual Installation Manual and datasheet of the Products. • When the ‘Products’ Products are disassembled or dismantled without prior consent of LG Energy Solution. • When the ‘Products’ Products are damaged by physical or electrical stresses such as, inclusive but not exclusive of, inrush current, lightning, flood, tidal wave, fire, or incidental damage. • When the defect or performance failure occurs or and the scope of the defect or performance failure expands due to improper repair of the ‘Products’ Products carried out by technicians who are not approved by LG Energy Solution and/or instructed by the ‘Buyer’ Buyer without the consent of LG Energy Solution. • When the defect or performance failure occurs in the ‘Products’ Products due to the wilful misconduct or negligence of the ‘Buyer’ Buyer or Reseller. • When the defect or performance failure occurs due to the misuse, faulty use, or negligent use of the Products. • When the ‘Products’ Products are used for the purposes other than the Application under Article 4 and Attachment 1. • When a claim is raised for the ‘Products’ Products after the warranty Warranty period specified in Article 3 and Article 4 has expired. • When the scope of the defect or performance failure has expanded because LG Energy Solution or the ‘Reseller’ Reseller were not notified of the defect or failure in the period specified in Article 5. • When the defect and/or any expanded scope of the defect are caused by force majeure events, such as war, riot, civil war, natural disasters, etc., that are not wholly or predominantly attributable to the acts or omissions of LG Energy Solution. • When the ‘Products’ Products are externally damaged but its performance and function are not affected. • When the ‘Products’ Products are damaged during the transportation from the ‘Reseller’ Reseller to the Buyer. • When the ‘Buyer’ Buyer or ‘Reseller’ Reseller violates applicable law, including laws or regulations of the state, country or local government while using the Products. • When a claim for the ‘Products’ Products is not raised as prescribed in Article 5. • Other defects and performance failure not attributable to LG Energy Solution and up to the extent general exclusions are permitted under the applicable laws.

Appears in 2 contracts

Samples: lghomebatteryblog.eu, lghomebatteryblog.eu

GENERAL EXCLUSIONS. This ‘Warranty’ does not apply to any defects or performance failures comprising or resulting from any of the following. When the ‘Products’ are not installed as specified in the Installation Manual When the ‘Products’ are installed by a person lacking the appropriate electrical qualification and license/certificate for the battery installation required by the law, including country and state jurisdictions. When the ‘Products’ are not purchased through authorized sales channel designated by LG Energy Solution. When the ‘Products’ are not installed and/or serviced by the ‘Certified Installer’ of LG Energy Solution. When the ‘Products’ are not manufactured by LG Energy Solution. When the ‘Products’ are transported, stored, installed, assembled, tightened, or wired out of compliance of the official installation manual and datasheet of the ‘Products’. When the ‘Products’ are disassembled or dismantled without prior consent of LG Energy Solution. When the ‘Products’ are damaged by physical or electrical stresses such as, inclusive but not exclusive of, inrush current, lightning, flood, tidal wave, fire, or incidental damage. When the defect or performance failure occurs or the scope of the defect expands due to improper repair of the ‘Products’ carried out by technicians who are not approved by LG Energy Solution and/or instructed by the ‘Buyer’ without the consent of LG Energy Solution. When the defect or performance failure occurs in the ‘Products’ due to the wilful misconduct or negligence of the ‘Buyer’ or ‘Reseller’. When the defect or performance failure occurs due to the misuse, faulty use, or negligent use of the ‘Products’. When the ‘Products’ are used for purposes other than the Application under Article 4 and Attachment 1. When a claim is raised for the ‘Products’ after the warranty period specified in Article 3 and Article 4 has expired. When the scope of the defect or performance failure has expanded because LG Energy Solution or the ‘Reseller’ were not notified of the defect or failure in the period specified in Article 5. When the defect and/or any expanded scope of the defect are caused by force majeure events, such as war, riot, civil war, natural disasters, etc., that are not wholly or predominantly attributable to the acts or omissions of LG Energy Solution. When the ‘Products’ are externally damaged but its performance and function are not affected. When the ‘Products’ are damaged during the transportation from the ‘Reseller’ to the ‘Buyer’. When the ‘Buyer’ or ‘Reseller’ violates applicable law, including laws or regulations of the state, country or local government while using the ‘Products’. When a claim for the ‘Products’ is not raised as prescribed in Article 5. Other defects not attributable to LG Energy Solution and up to the extent general exclusions are permitted under the applicable laws.

Appears in 2 contracts

Samples: 964176.app.netsuite.com, www.memodo.de

GENERAL EXCLUSIONS. This ‘Warranty’ Warranty does not apply to any defects or performance failures of the Products comprising or resulting from any of the following. : • When the ‘Products’ Products are not installed as specified in the Installation Manual installation manual provided by LG Energy Solution. • When the ‘Products’ Products are installed by a person lacking the appropriate electrical qualification and license/certificate for the battery installation required by the applicable law, including country and state jurisdictions. • When the ‘Products’ Products are not purchased through authorized sales channel designated by LG Energy Solution. • When the ‘Products’ Products are not installed and/or serviced by the Certified Installer’ Installer of LG Energy Solution. • When the ‘Products’ Products are not manufactured by LG Energy Solution. • When the ‘Products’ Products are transported, stored, installed, assembled, tightened, or wired out of compliance of the official installation manual Installation Manual and datasheet of the Products. • When the ‘Products’ Products are altered, disassembled or dismantled without prior consent of LG Energy Solution. • When the ‘Products’ Products are damaged by physical or electrical stresses such asstresses, inclusive including but not exclusive of, limited to inrush current, lightning, flood, tidal wave, fire, or incidental damage. • When the defect or performance failure occurs or and the scope of the defect or performance failure expands due to improper repair of the ‘Products’ Products carried out by technicians who are not approved by LG Energy Solution and/or instructed by the ‘Buyer’ Buyer without the consent of LG Energy Solution. • When the defect or performance failure occurs in the ‘Products’ Products due to the wilful misconduct or negligence of the ‘Buyer’ Buyer or Reseller. • When the defect or performance failure occurs due to the misuse, faulty use, or negligent use of the Products, including but not limited to violations of the Buyer’s obligations specified in Article 2. • When the ‘Products’ Products are used for purposes other than operated under conditions deviating from the Application under Article 4 and conditions set forth in Attachment 1. • When a claim is raised for the ‘Products’ Products after the warranty Warranty period specified in Article 3 and Article 4 has expired. • When the scope of the defect or performance failure has expanded because LG Energy Solution or the ‘Reseller’ Reseller were not notified of the defect or failure in the period specified in Article 5. • When the defect and/or any expanded scope of the defect are caused by force majeure events, such as war, riot, civil war, natural disasters, etc., that are not wholly or predominantly attributable to the acts or omissions of LG Energy Solution. • When the ‘Products’ Products are externally damaged but its performance and function are not affected. • When the ‘Products’ Products are damaged during the transportation from the ‘Reseller’ Reseller to the Buyer. • When the ‘Buyer’ Buyer or ‘Reseller’ Reseller violates applicable law, including laws or regulations of the state, country or local government while using the Products. • When a claim for the ‘Products’ Products is not raised as prescribed in Article 5. • Other defects and performance failure not attributable to LG Energy Solution and up to the extent general exclusions are permitted under the applicable laws.

Appears in 2 contracts

Samples: lghomebatteryblog.eu, www.memodo-shop.com

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GENERAL EXCLUSIONS. This ‘Warranty’ Limited Warranty does not apply to any defects defect or performance failures comprising or failure resulting from any of the following. • When the ‘Products’ are not installed as specified in the Installation Manual • When the ‘Products’ are installed by a person lacking the appropriate electrical qualification and license/certificate for the battery installation required by the law, including country and state jurisdictions. • When the ‘Products’ are not purchased through authorized sales channel designated by LG Energy Solution. • When the ‘Products’ are not installed and/or serviced by the ‘Certified Installer’ of LG Energy Solution. • When the ‘Products’ are not manufactured by 'LG Energy Solution. • Chem'  When the ‘Products’ are transported, stored, installed, assembled, tightened, installed or wired out of compliance improperly and in violation of the official installation manual and datasheet of the ‘Products’manual. When the ‘Buyer’ disassembles or dismantles the 'Products’ are disassembled or dismantled ' without prior consent of 'LG Energy SolutionChem'. When the a third-party’s product or part is assembled or used in combination with ‘Products’ are damaged by physical or electrical stresses such as, inclusive but not exclusive of, inrush current, lightning, flood, tidal wave, fire, or incidental damageof 'LG Chem'. When the defect or performance failure occurs or the scope of the defect expands due to improper repair of the ‘Products’ carried out by technicians who are not non- approved technician by LG Energy Solution and/or instructed by the ‘Buyer’ without the consent of LG Energy SolutionChem’. When the defect or performance failure a fault occurs in the ‘Products’ due to the wilful willful misconduct or negligence of the 'Buyer’ or ‘Reseller’'. When the defect or performance failure occurs due to the misuse, faulty use, or negligent use of the ‘Products’.  When the ‘Buyer’ violated Article 8.  When the ‘Products” are used with an incompatible (Not Matched) inverter.  When the ‘Products’ are used for purposes other than the Application under Article 4 and Attachment 14. When a claim is raised for the ‘Products’ after the warranty period specified in Article 3 and Article 4 has expiredelapsed. When the scope of the defect or performance failure has expanded because the 'Buyer’ did not immediately notify ‘LG Energy Solution or the ‘ResellerChemwere not notified of the defect of the ‘Products’.  When the ‘Products’ are affected by unusual physical or failure in the period specified in Article 5electrical stresses such as blackout, inrush current, lightning, flood, fire, incidental damage, or etc. When the defect and/or any expanded scope of occurs in the defect are caused by '‘Products’' due to force majeure events, such as war, riot, civil war, natural disasters, etc., that are ‘LG Chem’ cannot wholly or predominantly attributable to the acts or omissions of LG Energy Solutionbe held responsible for. When the ‘Products’ are externally damaged but its performance and function are is not affected. When the ‘Products’ are damaged during the transportation from the ‘Reseller’ to the ‘'Buyer’. • When the ‘Buyer’ or ‘Reseller’ ' violates applicable law, including laws or regulations of the state, country county or local government while using the '‘Products’. • When a claim for the ‘Products’ is not raised as prescribed in Article 5. • '  Other defects not attributable to 'LG Energy Solution and up to the extent general exclusions are permitted under the applicable laws.Chem'

Appears in 1 contract

Samples: luxcoenergy.com.au

GENERAL EXCLUSIONS. This ‘Warranty’ does not apply to any defects or performance failures comprising or resulting from any of the following. • When the ‘Products’ are not installed as specified in the Installation Manual • When the ‘Products’ are installed by a person lacking the appropriate electrical qualification and license/certificate for the inverter/Lithium-ion battery installation required by the law, including country and state jurisdictions. • When the ‘Products’ are not purchased through authorized sales channel designated by LG Energy Solution. • When the ‘Products’ are not installed and/or serviced by the ‘Certified Installer’ of LG Energy Solution. • When the ‘Products’ are not manufactured by LG Energy Solution. • When the ‘Products’ are transported, stored, installed, assembled, tightened, or wired out of compliance of the official installation manual and datasheet of the ‘Products’. • When the ‘Products’ are disassembled or dismantled without prior consent of LG Energy Solution. • When the ‘Products’ are damaged by physical or electrical stresses such as, inclusive but not exclusive of, inrush current, lightning, flood, tidal wave, fire, or incidental damage. • When the defect or performance failure occurs or the scope of the defect expands due to improper repair of the ‘Products’ carried out by technicians who are not approved by LG Energy Solution and/or instructed by the ‘Buyer’ without the consent of LG Energy Solution. • When the defect or performance failure occurs in the ‘Products’ due to the wilful misconduct or negligence of the ‘Buyer’ or ‘Reseller’. • When the defect or performance failure occurs due to the misuse, faulty use, or negligent use of the ‘Products’. • When the ‘Products’ are used for purposes other than the Application under Article 4 and in Attachment 1. • When a claim is raised for the ‘Products’ after the warranty period specified in Article 3 and Article 4 has expired. • When the scope of the defect or performance failure has expanded because LG Energy Solution or the ‘Reseller’ were not notified of the defect or failure in the period specified in Article 54. • When the defect and/or any expanded scope of the defect are caused by force majeure events, such as war, riot, civil war, natural disasters, etc., that are not wholly or predominantly attributable to the acts or omissions of LG Energy Solution. • When the ‘Products’ are externally damaged but its performance and function are not affected. • When the ‘Products’ are damaged during the transportation from the ‘Reseller’ to the ‘Buyer’. • When the ‘Buyer’ or ‘Reseller’ violates applicable law, including laws or regulations of the state, country or local government while using the ‘Products’. • When a claim for the ‘Products’ is not raised as prescribed in Article 54. • Other defects not attributable to LG Energy Solution and up to the extent general exclusions are permitted under the applicable laws.

Appears in 1 contract

Samples: solarwide.com.au

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