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 ...
Warranty Limitations. The Limited Warranties in clauses 1.2 and 1.3 are subject to and must be read together with the limitations, exclusions, and limitations set out below.
Warranty Limitations. The Limited Warranty in clauses 1.2 and 1.3 does not apply to any defect or deterioration resulting from:
Warranty Limitations. 10.1 ALL PRODUCTS ARE PROVIDED TO CUSTOMER ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE PRODUCTS IS AT CUSTOMER’S OWN RISK.
Warranty Limitations. IF THE SOLUTIONS BECOME OR ARE LIKELY TO BECOME THE SUBJECT OF ANY THIRD PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIM OR ACTION, PROVIDER MAY, AT PROVIDER’S SOLE OPTION, EITHER: (I) REPLACE SUCH SOLUTIONS WITH AN EQUALLY SUITABLE SOLUTION FREE OF INFRINGEMENT; (II) MODIFY OR OBTAIN A LICENSE FOR THE SOLUTIONS SO THAT THEY NO LONGER INFRINGE ON ANY RIGHTS; OR (III) AFTER PROVIDER HAS DEMONSTRATED ITS GOOD FAITH EFFORTS TO ACHIEVE THE FOREGOING WITHOUT SUCCESS, TERMINATE THE MASTER AGREEMENT. EXCEPT AS PROVIDED HEREIN, THE SOLUTIONS (AND ANY SOFTWARE, HARDWARE, OR OTHER COMPONENT THEREOF) ARE PROVIDED AS IS WITHOUT ANY WARRANTY OF ANY KIND. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.
Warranty Limitations. EXCEPT AS PROVIDED IN SUBSECTIONS (a) and (b) ABOVE, SELLER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, AND SELLER SHALL HAVE NO OTHER WARRANTY LIABILITY TO BUYER. THIS CLAUSE SHALL BE LIBERALLY CONSTRUED TO APPLY TO ANY CLAIM RELATED TO A DEFECTIVE GOOD OR SERVICE IRRESPECTIVE OF BUYER'S CAUSE OF ACTION OR THEORY OF RECOVERY. FURTHERMORE, SELLER SHALL NOT HAVE ANY LIABILITY OR OBLIGATION UNDER SUBSECTIONS (A) OR (B) ABOVE FOR DEFECTS IN GOODS SUPPLIED, OR IN THE SUBJECTS OF SERVICES PERFORMED, WHICH RESULT FROM, ARE ATTRIBUTABLE TO OR CONSTITUTE ANY OF THE FOLLOWING CAUSES, CIRCUMSTANCES OR FACTORS: FAILURES TO USE, STORE, MAINTAIN, REPAIR, CLEAN, INSTALL, UNINSTALL, COMMISSION OR ASSEMBLE THEM IN ACCORDANCE WITH SELLER’S REASONABLE INSTRUCTIONS OR, IN ABSENCE OF SAME, IN ACCORDANCE WITH GOOD INDUSTRY PRACTICE; WILFUL OR NEGLIGENT DAMAGE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; USE FOR PURPOSES OR APPLICATIONS, OR WITHIN OPERATING ENVIRONMENTS, FOR/IN WHICH THEY WOULD NOT CUSTOMARILY BE USED, UNLESS SELLER EXPLICITLY REPRESENTED THAT THEY COULD BE SO USED BEFORE SUPPLYING THE GOODS; REASONABLE WEAR AND TEAR; MODIFICATIONS OR ALTERATIONS MADE BY ANYONE OTHER THAN SELLER OR PERSONS FOR WHOM IT IS LEGALLY RESPONSIBLE; OR SELLER’S COMPLIANCE WITH DESIGNS SUPPLIED BY OR INSTRUCTIONS GIVEN BY BUYER IN RESPECT OF THE GOODS OR SERVICES.
Warranty Limitations. 10.1 MSC warrants that the Software when used as permitted under this Agreement and in accordance with the instructions in the Documentation (including use on a computer hardware and operating system platform supported by MSC) will conform substantially to its associated Documentation for a period of ninety (90) days from the delivery date. Any claim by Customer of a breach of this warranty must be made in writing and within ninety (90) days of the delivery date.
Warranty Limitations. 10.1 The Software when used as permitted under this Agreement and in accordance with the instructions in the Documentation (including use on a computer hardware and operating system platform supported by MSC) will conform substantially to its associated Documentation. For Software used under a Paid-up License the warranty period shall be limited to twelve (12) months from the delivery date. Any claim by Customer of a defect must be made in writing. The Software, the Documentation, Maintenance and other Services provided under this Agreement serve as a tool to support the development of customer products. Customer has to review the results, obtained by using the software, on his own account due to his professional and technical expertise. 10.2 Guarantees shall be binding on MSC only if designated as such in an offer or Order Schedule also specifying in detail MSC’s obligations arising from such guarantee. 10.3 Customer's exclusive remedy, and MSC's sole liability, for Software that does not meet the requirements set forth in Section 10.1 will be, at MSC's option: (i) to correct the defective Software within a reasonable time; (ii) to replace the defective Software with another MSC software offering of substantially similar functionality; or (iii) if (i) or (ii) fail, permit Customer to (in case of a Lease License) terminate or (in case of a Paid-up License) rescind the license as to the defective Software. In case of termination or rescission, associated, unused Maintenance fees actually paid to MSC will be refunded. MSC will have no responsibility or obligation with respect to: (a) any Software that has been modified by anyone other than MSC or its agents, or (b) failure of the Software caused by Customer or its agents through accident, abuse or misapplication. MSC may refuse to correct or replace the defective Software if the defect is immaterial. In such cases, any right to withdraw from the Agreement and any claim for compensation of expenses after remedy of the defective Software by Customer itself shall be excluded. 10.4 Customer's claims for defective Software are excluded if Customer does not give written notification of defects at the latest within one week of delivery of the Software, and upon delivery non-recognizable defects at the latest within one week of their discovery. In case of a Lease License, MSC is not responsible for initial defects of the software under the liability regardless of negligence or fault, pursuant to § 536a paragraph 1 B...
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 damages, failures or defects caused by any of the following factors are not covered by this Contractual Warranty: • Failure to commission the Product within twenty-four (24) months1 from the date of the Xxxxxxxxx Electric Solar commercial invoice, • If the Product has been commissioned and shut down or depowered for a period in excess of twenty-four
Warranty Limitations. THE WARRANTY UNDER SECTION 3.1 IS EXCLUSIVE AND MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO MODIFICATION OR ALTERATION OF THE FOREGOING WARRANTY SHALL BE VALD OR ENFORCEABLE UNLESS SET FORTH IN A WRITTEN AGREEMENT SIGNED BY HERAEUS AND CUSTOMER.
