Warranty Exclusions/Limitations Sample Clauses

Warranty Exclusions/Limitations. 9.2.1 The Warranty for work performed by any Customer approved third party or Subcontractor (except Subcontractors within the Service Provider’s relevant NAA approval), is limited to the Warranty provided by the given third Parties or Subcontractors. When transferable such warranties shall be assigned to the Customer. When such warranties are not transferable the Service Provider shall warrant such sub- contracted work in accordance with the provisions of this Agreement. If the Warranty is assigned to the Customer, the Service Provider shall upon the Customer’s request provide the Customer with full assistance with Warranty claims asserted by the Customer against the third party or Subcontractor.
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Warranty Exclusions/Limitations. The above warranty does not extend to installation of the Goods or to other services provided by third parties, including satellite transmission services for Xact® tank monitoring products. Xxxxxxx is not liable under the warranties set forth above to the extent a defect or failure is caused by:
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Warranty Exclusions/Limitations. The exclusions & limitations on the applicability of this warranty set forth in this section & other sections should be read carefully because they may determine whether you are entitled to a warranty replacement or a warranty replacement allowance. The limited warranties for the Sigma tire you purchased do not apply, If one of the following conditions applies or the tire failed because: • tires installed on a vehicle registered or normally used outside the United States & Canada • the tire was installed on a commercial or commercial use vehicle (e.g., limousine) • the tire was transferred to another vehicle after it was originally installed • tires installed on a vehicle with a malfunctioning odometer • the tire is branded as “Blemish” or “NA” or the molded DOT number has been removed or disfigured • the tire was repaired in a manner that does not comply with Rubber Manufacturers Association standards • road hazard, potholes, or collision damage,improper mounting or balancing,vandalism, theft, racing, off-road use, long-term improper storage or other abuse • over & under inflation, overloading, or failure to maintain proper tire pressure • addition of liquids, solids or gases (other than air, nitrogen, carbon dioxide) • ozone or weather cracks or checking occurring four (4) years after the date of purchase or, if that proof is not available, four (4) years after the DOT serial date • vehicle mechanical failures, improper alignment, brake & shock failure, or improperly aligned tires causing “irregular treadwear” (i.e. tread groove depth difference of 2/32nds of an inch or more on the same tire) • the wheel on which the tire is mounted is defective or fails • alteration of tread design to improve traction (e.g., siping) or grinding to improve uniformity, or sidewall inlays Your legal rights vary from state to state. To the extent permitted by the laws of your state, this Limited Warranty does not cover & expressly excludes any coverage for personal injury, property damage, loss of time, inconvenience, loss of use of your vehicle or tire, or any other incidental or consequential damages. No express warranty is given other than those expressly stated in this Limited Warranty booklet. Any implied warranty of merchantability, fitness for a particular purpose or otherwise, is limited in duration & expire when the tire’s Useable Tread is exhausted as specified in this limited warranty. No implied warranty of merchantability, fitness for a particular purpose or ot...
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Related to Warranty Exclusions/Limitations

  • DISCLAIMERS; EXCLUSIONS; LIMITATIONS Subject to §4, neither party makes any warranties (express, implied, or otherwise), including implied warranties of merchantability, non-infringement, fitness for a particular purpose, or title, related to its performance or anything else provided under this Agreement. Neither party will be liable for any special, incidental, punitive, or consequential damages of any kind for any reason whatsoever relating to this Agreement, even if such damages were reasonably foreseeable.

  • Warranty Exclusions The Limited Warranty in clauses 1.2 and 1.3 does not apply:

  • Warranty Limitations This Contractual Warranty does not warrant uninterrupted or error-free operation of the Product or cover normal wear and tear of the Product or costs related to the removal, installation, or troubleshooting of the customer's electrical systems. The warranty claims that relate to defects caused by any of the following factors are not covered by the Contractual Warranty: • Improper Use or Non-compliance with installation, commissioning, operation or maintenance instructions (i.e. not according to the operation & installation manual) • Unauthorized modifications, changes or attempted repairs, • Vandalism, destruction through external influence and/or persons/animals • Use in an unsuitable environment, including any environment or location that causes excessive wear and tear or dirt or dust or debris buildup within the system or that is difficult or unsafe for Xantrex LLC representatives to access • Insufficient ventilation • Installation in a corrosive environment • Failure to observe applicable safety standards & regulations • Damages during transportation or storage • Force majeure, examples include, but not limited to: fire, flood, earthquakes, storm damage, overvoltage & lightning strikes • Exposure to fire, water, snow, moisture, or liquid ingress (except for any such exposure to environmental conditions that your Product was specifically designed to withstand as indicated in the applicable specifications for your Product) • Used as a component part of a product expressly warranted by another manufacturer • If the original identification (trade-mark, serial number) markings have been defaced, altered, or removed • Consumable components of any type are not covered, including but not limited to fans, fuses and filters etc. • Cosmetic shortcoming which do not impair the use of the product for the intended purpose i.e. supply of energy Warranty claims also exclude: • Damages arising due to the fact that the use of the product for the intended purpose is no longer possible or only possible with restrictions as a result of amendments to the statutory provisions applicable to the operation of the product made after the delivery of the product • Compensation for damages related to loss of power production or business operation or any expenses incurred by customer towards repair & replacement of the product (including but not limited to labor, transportation, temporary power) • Cost arising from changes to existing PV systems or building installations or vehicle or marine vessel installation and like • Additional costs and expenses (i.e. shipping costs, travel, accommodation, meals, etc.) arising due to remote locations of the indicated geographies, including but not limited to islands and overseas territories

  • Limited Warranty Exclusions This Limited Warranty describes the service available to you if your product requires warranty service, and you may have additional protections under your local laws. This Limited Warranty does not cover and excludes damage to your product or any component thereof caused by:

  • GENERAL EXCLUSIONS AND LIMITATIONS 1. This Agreement does not cover performance of routine maintenance. You are responsible for performing all routine maintenance and cleaning for all covered Items as specified and recommended by the manufacturer. You are also responsible for providing all routine maintenance for all areas of a Covered Property around covered Items to ensure that these Items are able to function properly as specified by the manufacturer.

  • Liability Limitations This paragraph limits the liabilities arising under this Agreement or any SOW and is a bargained-for and material part of our business relationship with you. You acknowledge and agree that Verticomm would not enter into any SOW or this Agreement unless Verticomm could rely on the limitations described in this paragraph. In no event shall either party be liable for any indirect, special, exemplary, consequential, or punitive damages, such as lost revenue, loss of profits (except for fees due and owing to Verticomm), savings, or other indirect or contingent event-based economic loss arising out of or in connection with this Agreement, any SOW, or the Services, or for any loss or interruption of data, technology or services, or for any breach hereof or for any damages caused by any delay in furnishing Services under this Agreement or any SOW, even if a party has been advised of the possibility of such damages; however, reasonable attorneys’ fees awarded to a prevailing party (as described below), your indemnification obligations, and any amounts due and payable pursuant to the non-solicitation provision of this Agreement shall not be limited by the foregoing limitation. Except for the foregoing exceptions, a responsible party’s (“Responsible Party’s”) aggregate liability to the other party (“Aggrieved Party”) for damages from any and all claims or causes whatsoever, and regardless of the form of any such action(s), that arise from or relate to this Agreement (collectively, “Claims”), whether in contract, tort, indemnification, or negligence, shall be limited solely to the amount of the Aggrieved Party’s actual and direct damages, not to exceed the amount of fees paid by you (excluding hard costs for licenses, hardware, etc.) to Verticomm for the specific Service upon which the applicable claim(s) is/are based during the three (3) month period immediately prior to the date on which the cause of action accrued. The foregoing limitations shall not apply to the extent that the Claims are caused by a Responsible Party’s willful or intentional misconduct, or gross negligence. Similarly, a Responsible Party’s liability obligation shall be reduced to the extent that a Claim is caused by, or the result of, the Aggrieved Party’s willful or intentional misconduct, or gross negligence.

  • Exclusions and Limitations The aforementioned “Limited Warranty” does not apply to any Products which have been subjected to

  • EXCLUSIONS FROM WARRANTY This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Microsoft’s reasonable control.

  • Exclusions and Limitations for Third Party Software SUBJECT TO THE EXCLUSION OF DAMAGES STATED IN SECTION 9.2 AND WITH RESPECT TO THIRD PARTY SOFTWARE, UNDER NO CIRCUMSTANCES AND REGARDLESS OF THE NATURE OF ANY CLAIM SHALL SAP OR ITS LICENSORS’ BE LIABLE FOR AN AMOUNT IN EXCESS OF THE PAID LICENSE FEES FOR THE THIRD PARTY SOFTWARE DIRECTLY CAUSING THE DAMAGES.

  • Eligibility Exclusions Subject to Clause 2.5 of this Schedule 1, an individual is not eligible for training subsidised through the Skills First Program under this VET Funding Contract if the individual is: a student enrolled in a school (excluding a school based Apprentice/Trainee). This includes: any government, non-government, independent or Catholic school; or a student registered for home schooling in Victoria. Government schools are responsible for funding these opportunities for VET within the school curriculum through their Student Resource Package (SRP) allocation, including targeted VET in schools funding. Non-government schools make similar decisions for students on the basis of the resources available to them; within the meaning of the Corrections Act 1986 (Vic), a prisoner held at a prison, including: Xxxxxxx Correctional Centre (Ararat); Barwon Prison; Beechworth Correctional Centre; Dame Xxxxxxx Xxxxx Centre; Dhurringile Prison; Langi Kal Kal Prison; Loddon Prison Precinct; Marngoneet Correctional Centre; Tarrengower Prison; Metropolitan Remand Centre; Melbourne Assessment Prison; Fulham Correctional Centre; Port Xxxxxxx Prison; or Karrenga Annex; a person who is detained under the Mental Health Act 2014 (Vic), or the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic) or the Sentencing Act 1991 (Vic) at the Xxxxxx Xxxxxxx Hospital; or a person who is detained (other than on weekend detention) under the Children, Youth and Families Act 2005 (Vic) or the Sentencing Act 1991 (Vic) or who is held on remand in one or more of the following youth justice facilities: Malmsbury Youth Justice Centre; Parkville Youth Residential Centre; or Melbourne Youth Justice Centre. The exclusions described in Clauses 2.4(b), (c) and (d) of this Schedule 1 do not apply to: young people on community based orders made under the Children, Youth and Families Act 2005 (Vic); or individuals held in Xxxx Xxxxxxx Transition Centre, who, subject to otherwise complying with the requirements in this Clause 2, may be eligible for training subsidised through the Skills First Program as they are able to physically access training outside of a custodial setting without supervision.

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