Mechanical Failure occurs when a covered Item becomes inoperable and unable to perform its primary function, subject to the limitations and conditions of this Agreement.
Mechanical Failure means failure due to a defect in materials or workmanship. Mechanical Failure does not include failure due to normal wear or improper machine application and/or maintenance;
Mechanical Failure means the sudden or unforeseen failure of a covered component, excluding failure due to wear and tear.
Examples of Mechanical Failure in a sentence
If you fail to notify us of any Mechanical Failure during the Agreement term in which the failure occurred, we will not be responsible for the cost of any repairs and/or replacements resulting from the Mechanical Failure.
You must notify us of any Mechanical Failure when it happens and prior to the expiration of your Agreement term.
We are not responsible for incidental, consequential, special, and/or punitive damages and you agree to waive any and all claims for such damages, arising from, resulting from and/or related to the Mechanical Failure of any Item, including, but not limited to, food spoilage, loss of income, additional living expenses, and/or other property damage.
Should you suffer a Mechanical Failure covered by this Agreement at a time when there are unpaid installments due from you, whether or not such payments are due or overdue, we reserve the right to deduct all or any portion of any unpaid amounts from the amount of loss covered by this Agreement for such incident, or to require payment of the entire remaining unpaid balance prior to covering the loss for you as we deem necessary or desirable.
All mechanical components and parts that suffer a Mechanical Failure due to normal wear and tear.
More Definitions of Mechanical Failure
Mechanical Failure means the sudden and unforeseen failure of any Covered Component to perform the function for which it was designed, but does not include:
Mechanical Failure means the sudden or unforeseen failure of a covered component, excluding failure due to normal wear.
Mechanical Failure means the sudden and unforeseen failure of any Covered Component to perform the function for which it was designed, but does not include any failure due to negligence.
Mechanical Failure means the sudden and unforeseen failure of any Covered Component to perform the function for which it was designed, subject to the exclusions listed in Section 9.
Mechanical Failure occurs when an item becomes inoperable or unable to perform its designed function. Mechanical failure is not covered if it is due to: conditions that existed prior to the inspection date; lack of routine maintenance and care; misuse; and rust and/or corrosion. This agreement provides coverage only for those items (appliances, systems or components) listed as being covered. The lists of items in the following sections titled “Examples of items/conditions not covered” are not meant to be all-inclusive and are provided for example and illustration. They do not limit the right of MISA to decline coverage for items not on the lists. The claim payment will be pro-rated according to the age and condition of the item. Determination of the amount of the cost of repair or replacement will be made solely by MISA. Determination of the operating condition and the nature of any failure or inoperability will be made solely by XXXX. Determination of coverage for any claim will be made solely by XXXX. Not Insurance. Not Warranty. The inspector is required to carry his/her own Errors and Omissions (E&O) Insurance and General Liability (GL) Insurance (if required by their state) as a requirement. Inspector understands that XXXX does not offer, provide or sell home warranties. Inspector understands that XXXX does not offer, provide or sell home insurance policies. Inspector understands that XXXX does not provide products or services to Inspector's clients or the general public. Inspector understands that MISA does not offer, provide or sell products or services that can be transferred to Inspector's clients or the general public. It is assumed that inspector has attained membership to MISA in order to add value to their inspection service. This agreement is effective on the day that the inspection is performed. The reimbursement payment will be provided to the Inspector. Inspector understands that XXXX is not an employee, agent, supervisor, or representative of the Inspector, and MISA bears no responsibility for the acts or omissions of the Inspector.
Mechanical Failure of the heating system means a malfunction due to obsolescence or normal wear and tear, but specifically excludes damage or malfunction that results from any negligent or intentional acts of either the customer or of any third party not employed by Peterson Oil, including by way of example and without limitation, the failure to operate the Heating System in accordance with the manufacturer’s specifications, to properly insulate the home, or extreme temperature conditions.
Mechanical Failure occurs when a covered item becomes inoperable and unable t o perform its designed function, subject to the limitations and conditions set forth herein. Mechanical failure due to an unknown pre-existing condition is not covered in the Seller Home Warranty. We will cover an unknown pre-existing mechanical failure provided the failure could not have been detected by visual inspection or simple mechanical test in the Buyer Conversion, Buyer Direct, Open Direct or New Home Warranty on the agreement effective date. A visual inspection of the covered item is considered to mean the viewing of an item to verify that it appears structurally intact and without damage or missing parts that would indicate inoperability. A simple mechanical test means the ability to turn the unit off and on verifying the item operates without irr egular sounds or smoke that may indicate a problem. In certain instances, we may require documentation from you during a claim review. Mechanical failure due to rust and corrosion is not covered in the Seller Home Warranty, mechanical failure due to rust and corrosion in the Buyer Conversion, Buyer Direct, Open Direct or New Home Warranty is covered after the agreement effective date. “Domestic-grade” items are those that were designated by the manufacturer, manufactured and marketed solely for installation and use in a residential single family dwel ling. The covered item will be deemed to have been in “proper operating condition” on the Agreement effective date if it was correctly located within the home, was properly installed to code at the time of installation, was fully connected, was capable of successfully performing all operations commensurate with the manufacturer’s original design intention, and did not pose any hazard to life or property. Determination of the operating condition as of Agreement effective date, and the nature of any failure, will be made by us based upon the professional opinion of our direct employees, considering but not limited to, our independent contractor’s diagnosis.