What Is Not Covered By This Warranty Sample Clauses

What Is Not Covered By This Warranty. You must pay for any non-warranty service you order to be performed at the same time as the warranty service. This warranty will not apply to your repaired vehicle if it has been damaged by abnormal use, misuse, neglect, accident, alteration or "tampering with" (by other than the Facility or Facility employees). The Facility's employees and/or agents do not have authority to modify the terms of this warranty nor to make any promises in addition to those contained in this warranty. THIS WARRANTY DOES NOT IN ANY WAY INCLUDE INCIDENTAL OR CONSEQUENTIAL DAMAGES (additional expenses which you may incur as the result of faulty repair or service). Some states do not allow the exclusion or limitation of incidental or consequential, so the above limitation or exclusion may not apply to you. This warranty gives you specific rights, and you may also have other rights, which vary from state to state.
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What Is Not Covered By This Warranty. This Warranty does not cover normal wear and tear; nor does it cover a component that fails, malfunctions or is damaged as a result of: (a) improper installation, adjustment, repair or modification (including the use of unauthorized attachments or changes or modification in the vehicle’s configuration, usage, or vocation from that which was originally approved by AxleTech); (b) accident, natural disaster, acts of god, climate, combatant activity during war, sabotage, terrorism or vandalism; (c) abuse, or improper use (including loading beyond the specified maximum vehicle weight or altering engine power settings to exceed axle capability); (d) improper or insufficient maintenance (including deviation from approved lubricants, change intervals, or lube levels); (e) costs incurred in gaining access to the components; i.e., overcoming physical barriers such as walls, fences, floors or similar structures impeding access to the components, rental of cranes, or construction of ramps or lifts or protective structures for component removal and reinstallation; or (f) the cost of any repairs, replacements or adjustment (i) associated with noise (ii) resulting from the use of non-AxleTech genuine parts. This Warranty does not cover any component or part that is not sold by AxleTech.
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What Is Not Covered By This Warranty. Please refer to the Installation Manual and Owner’s Guide supplied with your new Noritz Product. In addition, this Warranty becomes null and void if any of the following are determined to be contributing factors to failure of the Product under this Warranty: • Abuse, neglect, misuse or misapplication; • Improper, dangerous, or destructive maintenance procedures; • Use in conjunction with any unapproved device; • Installation in an environment that is corrosive or otherwise destructive to the Product, whether internal or external; • Incorrect gas or water pressure; • Incorrect sizing for the application; • Use with improper gas type; • Damage as a result of freezing within the Product or surrounding piping; • Damage as a result of use with non-potable water, untreated or poorly treated well water, or water with high PH levels or hardness levels in excess of 12 grains per gallon (200 mg/L). (Please refer to the “Water Quality” section of the Owner’s Guide for details); • Damage caused by acts of God including, but not limited to; fire, flood, lightening, or natural disaster; • Damage caused by use of the Product for purposes other than those for which it was designed; • Damage caused by unauthorized attachments or modifications; • Damage resulting from improper installation of the Product; or • Damage during shipment.
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What Is Not Covered By This Warranty. Turbo Air’s sole obligation under this warranty is limited to either repair or replacement of parts, subject to the additional limitations below. This warranty neither assumes nor authorizes any person to assume obligations other than those expressly covered by this warranty. NO CONSEQUENTIAL DAMAGES. TURBO AIR IS NOT RESPONSIBLE FOR ECONOMIC LOSS; PROFIT LOSS; OR SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOSSES, OR DAMAGES ARISING FROM FOOD OR PRODUCT SPOILAGE REGARDLESS OF WHETHER OR NOT THEY RESULT FROM REFRIGERATION FAILURE. WARRANTY IS NOT TRANSFERABLE, This warranty is not assignable and applies only in favor of the original purchaser/user to whom delivered. ANY SUCH ASSIGNMENT OR TRANSFER SHALL VOID THE WARRANTIES HEREIN AND SHALL VOID ALL WARRAN- TIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR LABOR COVERAGE FOR COMPONENT FAILURE OR OTHER THE WARRANTY PACKET PROVIDED WITH THE UNIT. Turbo Air will not be held responsible for the following external factors: ALTERATION, NEGLECT, ABUSE, MISUSE, ACCIDENT, DAMAGE DURING TRANSIT OR INSTALLATION, FIRE, FLOOD, ACTS OF GOD, OR IMPROPER ELECTRICAL CONNECTIONS. TURBO AIR IS NOT RESPONSIBLE FOR THE REPAIR OR REPLACEMENT OF FAILED OR DAMAGED COMPONENTS RESULTING FROM ELECTRICAL POWER FAILURE, THE USE OF EXTENSION CORDS, LOW VOLTAGE, OR VOLTAGE DROPS TO THE UNIT. NO IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; THE FOREGOING WARRANTIES ARE EXCLUSIVE AND EXPRESSLY GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED, IMPLIED OR STATUTORY. THERE ARE NO WARRANTIES, WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. Warranty information card must be submitted via post mail or electronically on our website at xxx.xxxxxxxxxxx.xxx/xxxxxxxxxxxx within 7 days from the purchase date. Failure to comply may result in your warranty being voided. All coverage provided within this warranty is applicable only to the United States, including Alaska and Hawaii, and Canada, excluding U.S. Territories; limited parts only warranty in U.S. Territories. Turbo Air is not responsible for any warranty claims made on products sold or used outside the fifty states of the United States and Canada. The extended warranty period specific to each Turbo Air product applies to all units sold by Turbo Air starting April 1, 2016.
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What Is Not Covered By This Warranty. Intermatic does not warrant (a) defects in the Product or damage to any equipment caused by the failure to properly install the Product, (b) damage caused by use of the Product for purposes other than those for which it was designed, (c) damage caused by disaster such as fire, flood and wind, (d) damage caused by unauthorized attachments or modification of the Product,
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What Is Not Covered By This Warranty. This Warranty does not apply to any non-Tiertime branded hardware products or any software, even if packaged or sold with Tiertime hardware. Normal consumable or expendable parts (such as filament, nozzle, fuses, lamps) or tools kits are not covered by this Warranty. Manufacturers, suppliers, or publishers, other than Tiertime, may provide their own warranties to you – please contact them for further information. Software distributed by Tiertime with or without the Tiertime brand (including, but not limited to system software) is not covered by this Warranty. Please refer to the licensing agreement accompanying the software for details of your rights with respect to its use. Tiertime does not warrant that the operation of the Tiertime Product will be uninterrupted or error-free. Tiertime is not responsible for damage arising from failure to follow instructions relating to the Tiertime Product’s use. This Warranty does not apply: (a) to normal consumable parts, such as filament, perfboards, flexboards, nozzles, fuses, airfilters, light bulbs, batteries or protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (c) to damage caused by use with another product; (d) to damage caused by accident, abuse, misuse, liquid contact, fire, flood, earthquake, war, lightning, act of God, act of violence, or other external cause; (e) to damage caused by operating the Tiertime Product outside Tiertime’s published guidelines; (f) to any attempt by any person other than Tiertime personnel or its Tiertime Authorized Service Provider (TASP) (via the telephone or otherwise), to adjust, repair or support the Tiertime Products; (g) to a Tiertime Product that has been modified to alter functionality or capability without the written permission of Tiertime; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the Tiertime Product; (i) if any serial number has been removed or defaced from the Tiertime Product; (j) to damage caused by accident, transportation, neglect, misuse, abuse or default of or by the Customer, its employees or agents or any third party, including but not limited to broken or cracked plastics; (k) to use of third-party computer program to connect or control Tiertime Product; (l) to modify, decompile, adjust, change or crack Tiertime’s software to connect ...
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What Is Not Covered By This Warranty. HydroHoist does not warrant (a) any product, components or parts not sold as original equipment by HydroHoist, (b) defects caused by failure to provide a suitable installation environment for the HydroPort-2, (c) damage caused by use of the HydroPort-2 for purposes other than those for which it was designed, (d) damage caused by disasters such as fire, flood, wind, and lightning, (e) damage caused by unauthorized attachments or modification, (f) damage during shipment, or (g) any other abuse or misuse by the purchaser.
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What Is Not Covered By This Warranty. SSL does not warrant: (a) defects caused by failure to provide a suitable installation environment for the product; (b) costs relating to the removal or replacement of any product that is incorporated into another device; (c) damage to the product due to external causes, including accidents, problems with electrical power, abnormal electrical, mechanical or environmental conditions, (d) usage not in accordance with product instructions, unauthorized alteration or repair, improper installation, or improper testing; (e) any product where the original identification markings, including serial numbers or other Netpatibles identifying marks have been removed or altered; (f) damage caused by use of the product for purposes other than those for which it was designed; (g) damage caused by natural disasters such as earthquake, fire, flood, wind, and lightning; (h) damage caused by unauthorized attachments or modifications; (i) damage during shipment; or (j) any other abuse, neglect, or misuse. Without the prior written consent of SSL, the products are not authorized for use as critical components in (i) devices, implements or systems utilized in air or space flight; (ii) medical devices, implements or systems; or (iii) life support devices, implements or systems. Accordingly, any products that are used in the above described critical components are sold “AS IS, WITH ALL FAULTS” and the express warranty specified in section 1 does not apply to products used in such critical components. SSL will have no responsibility or liability in connection therewith and same are hereby waived. As used herein, “life support devices, implements or systems” are those which support or sustain life. A “critical component” is any component of a device, implement or system whose failure to perform does or can reasonably be expected to result in injury to person or property or cause a failure in that device, implement or system or affect its safety or effectiveness.
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Related to What Is Not Covered By This Warranty

  • WHAT IS NOT COVERED (A) Products not originally covered by a manufacturer’s warranty; (B) Products with less than an original ninety (90) days manufacturer’s parts and labor limited warranty (C) Product repairs that should be covered by the manufacturer’s warranty or are a result of a recall, regardless of the manufacturer’s ability to pay for such repairs; (D) Cleaning; Periodic checkups; preventive maintenance; (E) Any and all pre-existing conditions that occur prior to the effective date of this Agreement and/or any product sold used or “AS-IS”, including but not limited to floor models, demonstrations models, etc.; (F) Part or repairs due to normal wear and tear unless tied to a breakdown, and items normally designed to be periodically replaced by You during the life of the product, including but not limited to batteries, light bulbs, etc.; (G) Damage from abuse, misuse, mishandling, introduction of foreign objects into the Covered Product, unauthorized modifications or alterations to a Covered Product; failure to follow the manufacturer’s instructions for operation and care of the Covered Product; external causes of any kind, including third party actions; fire; theft; insects; animals; exposure to weather; windstorm; sand; dirt; hail; earthquake; flood; water; acts of God or consequential loss of any nature; (H) Loss or damage caused by invasion; rebellion; riot; strike; labor disturbance; lockout; or civil commotion; (I) Incidental, consequential or secondary damages or delay in rendering service under this Agreement; loss of use during the period that the Covered Product is at an authorized service center or awaiting parts; (J) Any product used in a commercial setting or rental basis unless You purchased a Commercial Coverage Plan; (K) Failures that occur outside of the 50 states of the United States of America and the District of Columbia; (L) Non-functional or aesthetic parts including but not limited to frames, cabinets, doors, hinges, plastic parts, knobs, rollers, baskets; scratches, peeling & dents; (M) Unauthorized repairs and/or parts; (N) Cost of installation, setup, diagnostic charges, of the Covered Product, except as provided herein; (O) Accessories used in conjunction with a Covered Product including remote controls; (P) Any other loss other than a covered breakdown; (Q) Service where no problem can be found; noises; squeaks; breakdowns which are not reported during the term of this Agreement; (R) any breakdown or condition that results from abnormal usage of the Covered Product; (S) coin mechanisms.

  • WHAT IS COVERED 1. Mechanical & Electrical failures

  • No Warranty In executing and delivering this Lease, Tenant has not relied on any representations, including, but not limited to, any representation as to the amount of any item comprising Additional Rent or the amount of the Additional Rent in the aggregate or that Landlord is furnishing the same services to other tenants, at all, on the same level or on the same basis, or any warranty or any statement of Landlord which is not set forth herein or in one or more of the exhibits attached hereto.

  • Limitation of Vendor Indemnification and Similar Clauses This is a requirement of the TIPS Contract and is non-negotiable TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, is prohibited from indemnifying third-parties (pursuant to the Article 3, Section 52 of the Texas Constitution) except as otherwise specifically provided for by law or as ordered by a court of competent jurisdiction. Article 3, Section 52 of the Texas Constitution states that "no debt shall be created by or on behalf of the State … " and the Texas Attorney General has opined that a contractually imposed obligation of indemnity creates a "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Thus, contract clauses which require TIPS to indemnify Vendor, pay liquidated damages, pay attorney's fees, waive Vendor's liability, or waive any applicable statute of limitations must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas." Does Vendor agree? Yes, I Agree Alternative Dispute Resolution Limitations This is a requirement of the TIPS Contract and is non-negotiable. TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, does not agree to binding arbitration as a remedy to dispute and no such provision shall be permitted in this Agreement with TIPS. Vendor agrees that any claim arising out of or related to this Agreement, except those specifically and expressly waived or negotiated within this Agreement, may be subject to non-binding mediation at the request of either party to be conducted by a mutually agreed upon mediator as prerequisite to the filing of any lawsuit arising out of or related to this Agreement. Mediation shall be held in either Camp or Titus County, Texas. Agreements reached in mediation will be subject to the approval by the Region 8 ESC's Board of Directors, authorized signature of the Parties if approved by the Board of Directors, and, once approved by the Board of Directors and properly signed, shall thereafter be enforceable as provided by the laws of the State of Texas. Does Vendor agree? Yes, Vendor agrees Does Vendor agree? Yes, Vendor agrees No Waiver of TIPS Immunity This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity; nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. 5 Does Vendor agree? Yes, Vendor agrees Payment Terms and Funding Out Clause This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that TIPS and TIPS Members shall not be liable for interest or late-payment fees on past-due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member. Funding-Out Clause: Vendor agrees to abide by the applicable laws and regulations, including but not limited to Texas Local Government Code § 271.903, or any other statutory or regulatory limitation of the jurisdiction of any TIPS Member, which requires that contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body. 2

  • Separation of Insureds; No Special Limitations All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

  • NO WARRANTY BY CITY AGAINST INFRINGEMENTS The Contractor represents and warrants to the City that: (i) the Contractor shall provide the City good and indefeasible title to the deliverables and (ii) the deliverables supplied by the Contractor in accordance with the specifications in the Contract will not infringe, directly or contributorily, any patent, trademark, copyright, trade secret, or any other intellectual property right of any kind of any third party; that no claims have been made by any person or entity with respect to the ownership or operation of the deliverables and the Contractor does not know of any valid basis for any such claims. The Contractor shall, at its sole expense, defend, indemnify, and hold the City harmless from and against all liability, damages, and costs (including court costs and reasonable fees of attorneys and other professionals) arising out of or resulting from: (i) any claim that the City’s exercise anywhere in the world of the rights associated with the City’s’ ownership, and if applicable, license rights, and its use of the deliverables infringes the intellectual property rights of any third party; or (ii) the Contractor’s breach of any of Contractor’s representations or warranties stated in this Contract. In the event of any such claim, the City shall have the right to monitor such claim or at its option engage its own separate counsel to act as co-counsel on the City’s behalf. Further, Contractor agrees that the City’s specifications regarding the deliverables shall in no way diminish Contractor’s warranties or obligations under this paragraph and the City makes no warranty that the production, development, or delivery of such deliverables will not impact such warranties of Contractor.

  • No Warranties By providing Confidential Information, no Party makes any warranties or representations as to its accuracy or completeness. In addition, by supplying Confidential Information, no Party obligates itself to provide any particular information or Confidential Information to the other Parties nor to enter into any further agreements or proceed with any other relationship or joint venture.

  • What Will Happen After We Receive Your Letter When we receive your letter, we must do two things:

  • CHANGING THIS AGREEMENT We may change this Agreement, including (for example) changing the addresses and telephone numbers you should use to contact us, changing fees, adding new fees, changing the Daily Periodic Rates and corresponding APRs or increasing your required minimum payment. We may change this Agreement based on economic or market conditions, our business strategies or for any other reason (including reasons unrelated to you or your Account). Any changes we make to this Agreement may apply to new transactions and/or then-existing balances as described in any notice we are required to provide to you. We will notify you of changes to this Agreement as required by applicable law. We will mail any required written notice to the address we have on file for your Account.

  • INDEMNIFICATION RELATING TO THIRD PARTY RIGHTS The Contractor will also indemnify and hold the Authorized Users harmless from and against any and all damages, expenses (including reasonable attorneys' fees), claims, judgments, liabilities and costs that may be finally assessed against the Authorized Users in any action for infringement of a United States Letter Patent, or of any copyright, trademark, trade secret or other third party proprietary right except to the extent such claims arise from the Authorized Users gross negligence or willful misconduct, provided that the State shall give Contractor: (i) prompt written notice of any action, claim or threat of infringement suit, or other suit, (ii) the opportunity to take over, settle or defend such action, claim or suit at Contractor's sole expense, and (iii) assistance in the defense of any such action at the expense of Contractor. If usage shall be enjoined for any reason or if Contractor believes that it may be enjoined, Contractor shall have the right, at its own expense and sole discretion to take action in the following order of precedence: (i) to procure for the Authorized User the right to continue Usage (ii) to modify the service or Product so that Usage becomes non-infringing, and is of at least equal quality and performance; or (iii) to replace said service or Product or part(s) thereof, as applicable, with non-infringing service or Product of at least equal quality and performance. If the above remedies are not available, the parties shall terminate the Contract, in whole or in part as necessary and applicable, provided the Authorized User is given a refund for any amounts paid for the period during which Usage was not feasible. The foregoing provisions as to protection from third party rights shall not apply to any infringement occasioned by modification by the Authorized User of any Product without Contractor’s approval. In the event that an action at law or in equity is commenced against the Authorized User arising out of a claim that the Authorized User's use of the service or Product under the Contract infringes any patent, copyright or proprietary right, and Contractor is of the opinion that the allegations in such action in whole or in part are not covered by the indemnification and defense provisions set forth in the Contract, Contractor shall immediately notify the Authorized User and the Office of the Attorney General in writing and shall specify to what extent Contractor believes it is obligated to defend and indemnify under the terms and conditions of the Contract. Contractor shall in such event protect the interests of the Authorized User and secure a continuance to permit the Authorized User to appear and defend its interests in cooperation with Contractor, as is appropriate, including any jurisdictional defenses the Authorized User may have. This constitutes the Authorized User’s sole and exclusive remedy for patent infringement, or for infringement of any other third party proprietary right.

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