Other Exclusions and Limitations. Who is covered? • The original owner of the Slinger Launcher, Oscillator, Collector Tube and Cell Phone Holder. The Slinger Launcher, Oscillator, Collector Tube and Cell Phone Holder must remain in the possession of the original purchaser for the warranty to remain valid. This Limited Warranty is not transferable. What is covered? • If a defect arises in the Slinger Launcher, Oscillator, Collector Tube or Cell Phone Holder or any warranted component within the applicable Limited Warranty period, the purchaser’s sole and exclusive remedy is for Slinger Bag to, at Slinger Bag’s discretion to the extent permitted by law, either replace or repair the defective or malfunctioning Slinger Launcher, Oscillator, Collector Tube or Cell Phone or component with the same or a comparable model. • Any replacement or repaired component shall be warranted for the remainder of the original Limited Warranty period or 30 days, whichever is longer, or for any additional period that is required by applicable law. What is NOT covered? • Normal wear and tear • Cosmetic damage (i.e., minor scratches, surface deformations or discoloration) including natural fading of colors • Damage caused by exposure to inclement weather • Damage caused by rips, cuts and tears • Products treated with steaming devices or other heat treatments • Products with removed or defaced holograms or date codes • Products purchased from unauthorized dealers (including, without limitation, products purchased through (i) auction sites such as E-Bay or craigslist, (ii) unauthorized dealers selling via third party marketplaces such as amazon marketplace, or (iii) dealers selling altered, doctored or counterfeit products) • Counterfeit products • Products purchased “used”, “as-is”, “without warranty”; • Any other Slinger Bag products or services, non-Slinger Bag products, units that are, or that Slinger Bag reasonably believes to be, stolen, counterfeit, or purchased from an unauthorized distributor or reseller, units purchased outside of the user’s main market and units missing their serial number. • Damage or equipment failure due to normal wear and tear, improper or negligent use, maintenance, or attempted repair (other than that caused by a Slinger Bag authorized service technician), use of the Slinger Launcher, Oscillator, Collector Tube or Cell Phone with parts or accessories from third parties, or with parts or accessories not originally intended for or compatible with the Slinger Launcher, Oscillator, Coll...
Other Exclusions and Limitations. 9.1 The Seller shall not be liable in respect of any Non-Tax Claim if, but only to the extent that, such Non‑Tax Claim arises from or is otherwise attributable to, or the amount of such Non-Tax Claim is increased as a result of:
Other Exclusions and Limitations. 1. Regulations regarding services for inmates exclude certain treatments for certain conditions, such as services designated as typically not being medically necessary. See, e.g., California Code of Regulations (CCR), Title 15, Division 3, Chapter 1, Subchapter 4, Article 8, Section §3350.1, which can be located at the following link: xxxxx://xxx.xxxx.xx.xxx/Regulations/Adult_Operations/docs/Title15_2017.pdf Contractor and its Providers may request approval for an otherwise excluded or limited treatment from the DAR/DPHCRC via the SD or designee, but should do so only if the treatment is determined to be reasonable and necessary to protect life, prevent significant illness or disability, or alleviate severe pain, and supported by outcome data as being effective care.
Other Exclusions and Limitations. 11.3.1 No Claim may be made against the Seller in respect of any Loss which has been recovered by the Buyer or by the Company, as the case may be, under a policy of insurance or from any third-parties to the extent of the amount recovered, net of recovery costs, including reasonable legal fees and court costs. In the event that (i) the Seller has paid any indemnification to the Buyer under clause 10, and (ii) the Buyer or the Company subsequently receives or recovers from any insurers or any third-parties a sum in respect of the same Loss which gave rise to the Claim, the Buyer shall repay, or cause the Company to repay, to the Seller the amount so received or recovered (net of recovery costs, including reasonable legal fees and court costs), up to the amount which had been paid by the Seller in respect of such Claim not later than 5 (five) Business Days after the abovementioned sum is actually received from the Company or the Buyer, as the case might be.
Other Exclusions and Limitations. 7. Seller shall not be liable for any Warranty Claim (excluding a claim under the Tax Warranties, to which the relevant provisions of Schedule 6.01 apply) to the extent that:
Other Exclusions and Limitations. Notwithstanding any provision of this Agreement or of any applicable Law to the contrary:
Other Exclusions and Limitations. 8.1 No Seller shall be liable in respect of any General Warranty Claim to the extent that such Claim arises from or is otherwise attributable to, or the amount of such Claim is increased as a result of any change in legislation or law, administrative or regulatory practice or in the generally accepted interpretation or application of any legislation or law, in each case occurring after the date of this agreement;
