Not Covered by Warranty Sample Clauses

Not Covered by Warranty. No representative of Seller has authority to waive, alter, vary or add to the scope of the warranty without prior written approval of an officer of Seller. Seller’s warranty does not apply to: (i) dynamic vibrations imposed by the drive system in which the Products are installed unless the nature of the vibrations has been defined and accepted in writing by Company as a condition of operation; (ii) improper or unauthorized repair, installation or maintenance of the Products by a party other than Seller; (iii) use for purposes or under conditions other than those for which designed, or other abuse, negligence, misuse, unauthorized access, or normal wear and tear;
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Not Covered by Warranty. 7.3.1 Damage due to overdrive in excess of specifications. 7.3.2 Damage due to improper handling. 7.3.3 Any damage caused by Metrology tools. 7.3.4 Any damage caused by loose contaminants or particulates. 7.3.5 Damage due to failure to follow VENDOR-approved cleaning procedures. 7.3.6 Operation outside specified temperature range. 7.3.7 Electrical current in excess of specifications. 7.3.8 Damage due to prober malfunction.
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Not Covered by Warranty. No representative of Seller has authority to waive, alter, vary or add to the terms hereof without prior written approval of an officer of Seller. Seller’s warranty does not apply to: (i) dynamic vibrations imposed by the system in which such Products are installed unless the nature of such vibrations has been defined and accepted in writing by Company as a condition of operation; (ii) improper or unauthorized repair, installation or maintenance of the Products by a party other than Seller; (iii) use for purposes other than those for which designed, or other abuse, negligence, misuse, or normal wear and tear; (iv) unauthorized attachments, modifications or disassembly; (v) damage during shipping; or (vi) Products purchased from unauthorized distributors, resellers or internet sites. Buyer’s care in selection, adequate testing at time of installation and proper installation, operation and maintenance of all Products is required for adequate performance. Limitations of Liability. NOTWITHSTANDING ANY PROVISION OF THIS CONTRACT OR THE LAW, IT IS EXPRESSLY AGREED THAT SELLER’S TOTAL LIABILITY FOR ANY DAMAGES, COSTS OR EXPENSES ARISING OUT OF OR RELATED TO THIS CONTRACT OR ITS PRODUCTS OR SERVICES, WHETHER BASED IN CONTRACT, WARRANTY, INDEMNITY, TORT/EXTRA-CONTRACTUAL LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE PRODUCT OR SERVICES OR, AT SELLER’S OPTION, A RETURN OF AN AMOUNT THAT SHALL NOT EXCEED THE PURCHASE PRICE. UNDER NO CIRCUMSTANCES WILL SELLER, ITS OFFICERS, DIRECTORS, EMPLOYEES OR ASSIGNS BE LIABLE FOR ANY OTHER REMEDY, LOSS, COST, DAMAGE OR EXPENSE WHETHER DIRECT OR INDIRECT. IN NO EVENT WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, LIQUIDATED, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, INCOME, PROFIT, OR PRODUCTION; INCREASED COST OF OPERATION; SPOILAGE OR DAMAGE TO MATERIAL; OR CHANGE OUT COSTS. BUYER SHALL INDEMNIFY, DEFEND AND HOLD SELLER H A R M L E S S FROM ANY LOSS, COST, EXPENSE, D A M A G E , OR CAUSE OF ACTION TO OR BY A THIRD PARTY THAT EXCEEDS THESE LIMITATIONS OF LIABILITY. Terms of Payment. Terms of payment, unless agreed otherwise in writing, are thirty (30) days net from date of invoice, without set-off for any payment from Seller not due under this Contract. Seller reserves the right to charge interest at the rate of 1.5% per month or the highest rate allowed by law, whichever is lower, for all amounts more than thirty
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Not Covered by Warranty. No representative of Seller has authority to waive, alter, vary or add to the scope of the warranty without prior written approval of an officer of Seller. Seller’s warranty does not apply to: (i) products impacted by adverse water conditions, extreme weather or temperatures, or other natural conditions; (ii) improper or unauthorized repair, installation or maintenance of the products by a party other than Seller; (iii) use for purposes or under conditions other than those for which designed, or other abuse, negligence, misuse, unauthorized access, or normal wear and tear; (iv) unauthorized attachments, modifications or disassembly; (v) damage during shipping; or (vi) products purchased from unauthorized distributors, resellers or internet sites. Buyer’s care in selection, adequate testing at time of installation and proper installation, operation and maintenance of all products is required for adequate performance.
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Not Covered by Warranty. Deterioration caused by corrosive, hazardous or unsafe cargo, Defects in Chassis and/or Power Unit, Defects in Products not manufactured by Summit, Deterioration due to normal wear and tear, Deterioration due to misuse, abuse, failure to follow recommended maintenance procedures outlined in Summit Owner’s Manual, acts of nature, including, but not limited to hurricanes, tornadoes, winds, snow hail, floods or fire, or other contingencies beyond the control of Summit, Repairs and/or modifications made without the approval of Summit, Customer decals or graphics, Mounting or re-mounting not performed by a Summit authorized service center. Reimbursement for travel time, towing, vehicle rental, service calls, oil, batteries, fabricated parts, loss of income due to downtime, damaged due to misuse or abuse, negligence, accidents, alterations, overtime expenses, routine maintenance or normal wear. It shall be Customer’s responsibility to contact Summit or an authorized distributor before any repairs are made which are covered by or affect this warranty, in order to secure Summit’s prior approval. Summit shall, at its option, provide a factory or local representative to inspect the equipment prior to issuing such approval. Summit reserves the right to make changes or improvements in design or product without thereby obligating itself to make the same changes or improvements upon its products previously manufactured. Summit’s warranty is void if Summit’s original equipment parts are not used in repairs. Without regard to the nature of the claim asserted, Summit shall not be responsible nor otherwise be held liable for cargo loss, loss of use, property damage, other commercial (economic) loss, or other direct, indirect, incidental, consequential, or special damages alleged to have been caused by any product delivered thereunder. (This limitation shall apply regardless of whether the exclusive remedy provided hereunder falls in its “essential purpose” within the meaning of Section 2719 (b) of the Pennsylvania Uniform Commercial Code.) Customer’s sole and exclusive remedy for any claim arising out of (a) breach of contract, (b) any defects in products or workmanship,
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Not Covered by Warranty. McLeodUSA does not warrant uninterrupted --- ------------------------------ or error-free operation of a Service or Product. McLeodUSA will specifically identify Services and Products that have a warranty, other than as described in this and Section 19, and the terms of that warranty. Unless McLeodUSA specifies otherwise in this Agreement it provides Materials, non-McLeodUSA Services and non-McLeodUSA Products on an "AS IS" basis without any warranty from McLeodUSA. Non-McLeodUSA manufacturers, suppliers, or publishers may provide their own warranties.
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Related to Not Covered by Warranty

  • BUSINESS COVERED A. By this contract (the "Contract") the Company cedes to the Reinsurer and the Reinsurer hereby accepts, assumes liability for, and reinsures the Company's 100% share in the interests and liabilities arising out of directly or indirectly, in whole or in part or in connection with the Aggregate Excess of Loss Credit Insurance Policy (policy number ), effective January 1, 2020 (hereinafter referred to as the "Policy") issued to Federal National Mortgage Association (hereinafter referred to as the "Insured"). This reinsurance is a 100% cession of all of the Company's liability under the Policy. The reinsurance shall inure to the benefit of the Insured, subject to and in accordance with the terms, provisions, conditions and stipulations of the Policy and the provisions of this Contract. As set forth in this Contract, the Insured shall have the right to bring an action against the Reinsurer to recover the loss sustained by the Insured for which the Reinsurer is liable hereunder.

  • Service Warranty Provider has carefully examined and analyzed the provisions of this Agreement, including but not limited to all exhibits attached and incorporated into it, and can and will perform, or cause, the Services to be performed in strict accordance with the provisions and requirements of the Agreement. Services will be performed in a timely, professional and workmanlike manner in accordance with all applicable industry and professional standards.

  • COVERED NOT COVERED All components and parts of well pump utilized as a source of water to the home. Above or underground piping, cable or electrical lines leading to or from the well pump, including those that are located within the well casing, well casings, pressure switches not located on the pump, holding, storage or pressure tanks, booster pumps, re-drilling of xxxxx, well pump and all well pump components for geothermal and/or water source heat pumps. NOTE: We will pay up to $1,500 per Agreement term for access, diagnosis and repair or replacement.

  • Breach of Confidentiality Contractor acknowledges that there can be no adequate remedy at law for any breach of Contractor’s obligations hereunder, that any such breach will likely result in irreparable harm, and therefore, that upon any breach or threatened breach of the confidentiality obligations, the JBE shall be entitled to appropriate equitable relief, without the requirement of posting a bond, in addition to its other remedies at law.

  • Performance Warranty Contractor shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to County’s satisfaction. Contractor shall be responsible for the professional quality, technical assurance, timely completion and coordination of all documentation and other goods/services furnished by the Contractor under this Contract. Contractor shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of County required in its governmental capacity, in connection with performance of the work. If permitted to subcontract, Contractor shall be fully responsible for all work performed by subcontractors.

  • HOME WARRANTY At Closing, Buyer Seller N/A shall pay for a home warranty plan issued by 172 at a cost not to exceed $_ . A home 173 warranty plan provides for repair or replacement of many of a home’s mechanical systems and major built-in 174 appliances in the event of breakdown due to normal wear and tear during the agreement’s warranty period.

  • Service Warranties Contractor warrants that: (i) the Services will be rendered with promptness and diligence and will be executed in a workmanlike manner, in accordance with the practices and professional standards used in well-managed operations performing services similar to the Services; and (ii) Contractor will perform the Services in the most cost-effective manner consistent with the required level of quality and performance. Contractor warrants that each Deliverable will conform to and perform in accordance with the requirements of this Agreement and all applicable specifications and documentation. For each such Deliverable, the foregoing warranty shall commence for such Deliverable upon the JBE’s acceptance of such Deliverable, and shall continue for a period of one (1) year following acceptance. In the event any Deliverable does not to conform to the foregoing warranty, Contractor shall promptly correct all nonconformities to the satisfaction of the JBE.

  • Breach of Warranties In the event of any breach, or reasonably anticipated breach, of any of the foregoing warranties, in addition to any other remedies available at law or in equity, Exodus will have the right immediately, in Exodus' sole discretion, to suspend any related Internet Data Center Services if deemed reasonably necessary by Exodus to prevent any harm to Exodus and its business.

  • Client Warranties Client covenants, represents, and warrants that:

  • Customer Warranty Customer’s and its End Users’ use of the Services must always comply with all applicable Laws and this Agreement.

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