Exclusions and Disclaimers. MONDO’S LIABILITY HEREUNDER SHALL BE LIMITED AS SPECIFIED ABOVE, WHICH SHALL BE THE SOLE AND EXCLUSIVE OBLIGATION OF MONDO HEREUNDER. MONDO SHALL HAVE NO LIABILITY FOR ANY CLAIM WHICH IS NOT A COVERED CLAIM. UNDER NO CIRCUMSTANCES WILL MONDO BE LIABLE FOR LABOR OR ANY OTHER COSTS INCURRED IN CONNECTION WITH THE REPAIR, REMOVAL, INSTALLATION OR REPLACEMENT OF ANY SPECIFIED PRODUCTS COVERED BY THIS LIMITED MATERIAL WARRANTY, EXCEPT AS SPECIFICALLY PROVIDED HEREIN. UNDER NO CIRCUMSTANCES WILL MONDO BE LIABLE FOR DIRECT OR INDIRECT DAMAGES, LABOR, REMOVAL, INSTALLATION, INCIDENTAL OR CONSEQUENTIAL DAMAGES, FOR LOST PROFITS, LOST SALES, INJURY TO PROPERTY OR ANY OTHER DAMAGES, LOSSES OR CONTINGENCIES DUE TO OR ARISING OUT OF ANY SPECIFIED PRODUCT, WHETHER OR NOT SUBJECT TO A MANUFACTURING DEFECT. THE LIMITED MATERIAL WARRANTY IS VALID ONLY FOR THE SPECIFIED WARRANTY HOLDER AND IS NOT ASSIGNABLE OR TRANSFERABLE UNDER ANY CIRCUMSTANCES. THERE SHALL BE NO THIRD PARTY BENEFICIARIES (INTENDED OR OTHERWISE) HEREUNDER. THIS LIMITED MATERIAL WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITATION ANY WARRANTY OF MERCHANTABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALSO IS IN LIEU OF ANY OTHER OBLIGATIONS ON THE PART OF MONDO (CONTRACTUAL, TORT OR OTHERWISE). THIS LIMITED MATERIAL WARRANTY CONSTITUTES THE ONLY WARRANTY MADE BY MONDO AND IS A COMPLETE AND EXCLUSIVE STATEMENT OF ITS OBLIGATIONS. MONDO MAKES NO REPRESENTATIONS, EXPRESSED OR IMPLIED, NOT SPECIFIED HEREIN. ANY AND ALL REPRESENTATIONS, PROMISES, WARRANTIES OR STATEMENTS BY MONDO’S EMPLOYEES, REPRESENTATIVES, AGENTS, DEALERS, OR DISTRIBUTORS THAT DIFFER, ENHANCE, AMEND OR EXTEND IN ANY MANNER FROM THE TERMS OF THIS WRITTEN LIMITED MATERIAL WARRANTY SHALL BE OF NO FORCE OR EFFECT. NO REPRESENTATIVE, AGENT OR EMPLOYEE OF MONDO, OR ANY OTHER PERSON, IS AUTHORIZED TO ASSUME FOR MONDO ANY ADDITIONAL LIABILITY OR RESPONSIBILITY WITH MONDO FLOOR COVERING EXCEPT AS DESCRIBED ABOVE.
Exclusions and Disclaimers. Any warranty exclusions and disclaimers set out in the Agreement apply to the Cloud Software and Maintenance Services. In addition, neither Distributor nor Avaya is responsible under this Amendment for any software, equipment, hardware or services that Reseller may have separately purchased apart from this Amendment or is re-using. Reseller is responsible to ensure that any such software, equipment or hardware is in good working order and compatible with the Cloud Software.
Exclusions and Disclaimers. The above-referenced warranty does not extend to any damages, malfunctions, or non-conformities caused by: (i) Customer’s use of Phones in violation of the license granted under the main body of this Agreement or in a manner inconsistent with the Documentation; (ii) normal wear due to Phone use, including but not limited to Phone cosmetics and display scratches; (iii) use of non-Zang furnished equipment, software, or facilities with Phones (except to the extent provided in the Documentation); (iv) Customer’s failure to follow Zang’s installation, operation or maintenance instructions; (v) Customer’s failure to permit Zang timely access, remote or otherwise, to Phones; or (vi) failure to implement all new updates to software provided under the Agreement. Warranties do not extend to Phones that have been serviced or modified other than by Zang or a third party specifically authorized by Zang to provide the service or modification. In the event Customer purchases any Third Party Products from Xxxx, Xxxx provides Third Party Products on an ”AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, unless Zang specifies otherwise. However, such Third Party Products may carry their own warranties and Zang shall pass through to Customer any such warranties to the extent authorized. Exercise of such warranty shall be directly between Customer and the third party provider. EXCEPT AS REFERENCED AND LIMITED IN THIS SECTION AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER ZANG, NOR ITS LICENSORS, SUPPLIERS, OR AFFILIATES MAKES ANY EXPRESS REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS WITH REGARD TO THE PHONES. ZANG DOES NOT WARRANT UNINTERRUPTED OR ERROR FREE OPERATION OF PHONES OR THAT THE PHONES WILL PREVENT TOLL FRAUD. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ZANG AND ITS AFFILIATES DISCLAIM ALL IMPLIED OR STATUTORY WARRANTIES AND CONDITIONS RELATED TO THE PHONES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE WARRANTY REMEDIES EXPRESSLY REFERENCED HEREIN WILL BE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES RELATED TO THE PHONES.
Exclusions and Disclaimers. (a) The warranties set out in Section 5.2 shall not apply to the extent the breach is caused by or as a result of (i) Your use of the Software and/or Services contrary to Our written instructions or the Documentation, (ii) Your breach of the Agreement, (iii) any modifications or alterations of the Software and/or Services by any party other than Us or Our duly authorized contractors or agents.
Exclusions and Disclaimers. The Limited Warranties do not apply to any lost electricity production or any repair, replacement or correction required due to the following:
Exclusions and Disclaimers. 9.1 The provisions of Schedule 8 shall apply to limit liability under Relevant Claims.
Exclusions and Disclaimers. THE LIMITED WARRANTY DOES NOT EXTEND TO NORMAL MAINTENANCE SERVICES (SUCH AS ENGINE TUNE-UP, COMPONENT OVERHAUL, CLEANING, CONTROL RIGGING, BRAKE, OTHER MECHANI- CAL ADJUSTMENTS AND MAINTENANCE INSPECTIONS INCLUDING REPETITIVE INSPECTIONS REQUIRED BY PIPER SERVICE BULLETINS OR FAA AIRWORTHINESS DIRECTIVES) OR TO ANY DEFECT DUE TO THE NEGLIGENCE OF OTHERS, FAILURE TO OPERATE OR TO MAINTAIN THE AIRCRAFT, PARTS OR COMPONENTS IN ACCORDANCE WITH APPLICABLE INSTRUCTIONS (AS HEREINAFTER DEFINED), ABUSE, UNREASONABLE USE, ACCIDENTS, ALTERATIONS, INCIDENTS, AND OR NORMAL WEAR AND TEAR. MODIFICATIONS DONE TO THE AIRCRAFT MAY AT THE DISCRETION OF PIPER AIRCRAFT VOID WARRANTY COVERAGE OF THE AFFECTED SYSTEMS OF THE AIRCRAFT. IN SOME CASES, DEPENDING ON THE NATURE OF THE MODIFICATION, THE MODIFICATION MAY VOID
Exclusions and Disclaimers. (A) NOTWITHSTANDING THE FOREGOING, SUPPLIER:
Exclusions and Disclaimers. The limited warranties and performance guarantee provided in this 20 Year Performance Guarantee do not apply to (i) any lost electricity production or (ii) any damage, repair, replacement or correction required due to the following:
Exclusions and Disclaimers. The warranties contained in this Section 8 will not apply if: (i) You do not use the Software in accordance with this Agreement; (ii) You alter, modify or convert the Software; (iii) Your computer(s) malfunction and the malfunction causes the defect, error or problem; or
