Malfunction Clause Samples

Malfunction. We are liable to you for losses you suffer caused by the failure of our systems to complete a transaction, by use of your access code, accepted by the system in accordance with your instructions. However, we will not be liable for consequential losses where you should have been aware that the system was unavailable for use or malfunctioning. In this case, we will have a limited responsibility to correct any error in your facility account and the refund of any charges or fees imposed on you as a result relating to the transaction that was not completed. We are not liable for any loss caused by the failure of our systems to accept the transaction.

Malfunction. If the Service malfunctions and You should have been aware that Our Service was unavailable or malfunctioning, We will only be responsible for correcting errors in Your accounts and refunding any associated fees or charges.

Malfunction. 3.1 A malfunction shall exist if a supported component does not fulfil the function in accordance with the contract. 3.2 A distinction is made between disruption classes “2 – critical”, “1 – normal” and “0 – functional request”.

Malfunction. As with any home, it is not possible to guarantee that utilities, appliances or amenities will not malfunction. Should a problem arise, we will make every effort to correct it as soon as possible. Non-­‐ emergency issues will be handled during normal business hours. Repair, cleaning and maintenance problems must be brought to Owner's attention within 4 hours of occupancy or occurrence or Guest will be held liable for all such damages or repairs. Simply notifying the Owner of a problem during the 4-­‐hour period does not entitle the Guest to any refunds whatsoever, nor the right to terminate this agreement

Malfunction. 7.1. The Supplier warrants that the Equipment shall substantially conform to its specification (as made available by the Supplier), be of satisfactory quality and fit for any purpose held out by the Supplier. The Supplier shall use reasonable endeavours to remedy any material defect in the Equipment, provided that: 7.1.1. the Hirer notifies the Supplier of any defect in writing within 2 working days of the defect occurring; 7.1.2. the Supplier is permitted to make a full examination of the alleged defect; 7.1.3. the defect did not materialise as a result of misuse, neglect, alteration, mishandling or unauthorised manipulation by any person other than the Supplier’s authorised personnel; 7.1.4. the defect did not arise out of any information, design or any other assistance supplied or furnished by the Hirer or on its behalf; and 7.1.5. the defect is directly attributable to defective material, workmanship or design. 7.2. Insofar as the Equipment comprises or contains equipment or components which were not manufactured or produced by the Supplier, the Hirer shall be entitled only to such warranty or other benefit as the Supplier has received from the manufacturer. 7.3. If the Supplier fails to remedy any material defect in the Equipment in accordance with clause 7.1, the Supplier shall, at the Hirer’s request, accept the return of defective Equipment and repair or replace such Equipment. If repair or replacement is not in the Supplier’s reasonable opinion viable, an appropriate reduction to the Rental Payments payable during the remaining term of the agreement shall be made and, if relevant, the return any Deposit to the extent applicable to such Equipment. 7.4. The Hirer shall indemnify the Supplier in relation to all costs, expenses and losses (including loss of future business) and/or damage suffered or incurred by the Supplier arising from any malfunction of the Equipment caused by or related to the negligence of the Hirer, its officers, employees, agents and contractors, or the improper storage or distribution, and/or misuse of the Equipment.

Malfunction. 4.1. In the event of a Malfunction to Plant and Equipment, the Hirer shall immediately notify General Crane Services. Under no circumstances shall the Hirer commence any works to repair the Plant and Equipment without the written consent of General Crane Services. 4.2. On notifying General Crane Services of a Malfunction, the Hirer must secure and safeguard the Plant and Equipment and take all reasonable steps to prevent injury to any persons or damage to any property as a result of the condition of the Plant and Equipment. General Crane Services does not accept liability for expenses incurred in such prevention or safeguarding activities. The Hirer remains responsible for the security of the Plant and Equipment until such time as the Plant and Equipment is returned to General Crane Services’ physical possession or depot. 4.3. From the date on which the Hirer gives notice in 4.1 and subject to 4.4, the hire charge (including Plant and Equipment and General Crane Services Personnel) shall be suspended in full until the Plant and Equipment is replaced (at General Crane Services’ election) or returned to operating condition. 4.4. If the Hirer, its employees or agents has materially contributed to or caused the Malfunction (including by directions given to General Crane Services Personnel) through its misuse, accident, negligence, fraud, misconduct, breach of the Agreement failure to comply with relevant laws, failure to observe warning signs or directions, failure to observe safety systems or Manufacturer operations procedures, then the Hirer will continue to pay the hire charges until the Plant and Equipment is fit for return to service and in addition shall pay the reasonable costs of repair incurred by General ▇▇▇▇▇ Services or its appointed agent. 4.5. General Crane Services shall use its reasonable endeavours to replace the Plant and Equipment the subject of the Malfunction with Plant and Equipment of a similar type but is under no obligation to do so. 4.6. General Crane Services shall not be liable for any direct, indirect or consequential costs, losses or damages suffered by the Hirer or third parties in relation to a Malfunction.

Malfunction a malfunction is deemed to have occurred where a Service (mentioned in the relevant Agreement) is not available and Basecone cannot be held culpable for this. A Malfunction only exists where the Client can show this to be the case;

Malfunction. Any faults in the Insured Good, of a mechanical, electric or electronic nature, caused by its regular use, arising from the sudden and unforeseeable incapacity of a part of Domicile: The place where the Insured Person has established their habitual residence, considered to be the place where the Insured Person habitually resides, in a stable and continuous manner, and where their domestic economy is installed and organised. For the purpose of this Policy, the Insured Person must have established their Domicile in Portugal.

Malfunction. In the event of the Malfunction of an D.F.O., the Parties will consult without delay, at the request of the OPERATOR, in order to determine the cause of the Malfunction and to set the lead time for intervention and the duration of the Interruption to Service that may be necessary. If the Malfunction is not the fault of the OPERATOR, this Interruption to Service, if it is required, will be kept to a minimum and may not exceed ##MATERIAL OMITTED AND SEPARATELY FILED UNDER A REQUEST FOR CONFIDENTIAL TREATMENT## hours. If ##MATERIAL OMITTED AND SEPARATELY FILED UNDER A REQUEST FOR CONFIDENTIAL TREATMENT## has mot remedied a Malfunction for which it is responsible under the conditions agreed between the Parties, the OPERATOR will be exempted from payment of the licence fees relating to the shortest continuous body of Sections affected by the Malfunction, between two Extremities of the Network leased to the OPERATOR by ##MATERIAL OMITTED AND SEPARATELY FILED UNDER A REQUEST FOR CONFIDENTIAL TREATMENT##, for the surplus duration of the aforementioned agreed conditions.