Not Covered by Warranty Sample Clauses

Not Covered by Warranty. No representative of Seller has authority to waive, alter, vary or add to the scope of the warranty without prior written approval of an officer of Seller. Seller’s warranty does not apply to: (i) dynamic vibrations imposed by the drive system in which the Products are installed unless the nature of the vibrations has been defined and accepted in writing by Company as a condition of operation; (ii) improper or unauthorized repair, installation or maintenance of the Products by a party other than Seller; (iii) use for purposes or under conditions other than those for which designed, or other abuse, negligence, misuse, unauthorized access, or normal wear and tear;
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Not Covered by Warranty. 7.3.1 Damage due to overdrive in excess of specifications. 7.3.2 Damage due to improper handling. 7.3.3 Any damage caused by Metrology tools. 7.3.4 Any damage caused by loose contaminants or particulates. 7.3.5 Damage due to failure to follow VENDOR-approved cleaning procedures. 7.3.6 Operation outside specified temperature range. 7.3.7 Electrical current in excess of specifications. 7.3.8 Damage due to prober malfunction.
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Not Covered by Warranty. McLeodUSA does not warrant uninterrupted --- ------------------------------ or error-free operation of a Service or Product. McLeodUSA will specifically identify Services and Products that have a warranty, other than as described in this and Section 19, and the terms of that warranty. Unless McLeodUSA specifies otherwise in this Agreement it provides Materials, non-McLeodUSA Services and non-McLeodUSA Products on an "AS IS" basis without any warranty from McLeodUSA. Non-McLeodUSA manufacturers, suppliers, or publishers may provide their own warranties.
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Not Covered by Warranty. No representative of Seller has authority to waive, alter, vary or add to the terms hereof without prior written approval of an officer of Seller. Seller’s warranty does not apply to: (i) dynamic vibrations imposed by the system in which such Products are installed unless the nature of such vibrations has been defined and accepted in writing by Company as a condition of operation; (ii) improper or unauthorized repair, installation or maintenance of the Products by a party other than Seller; (iii) use for purposes other than those for which designed, or other abuse, negligence, misuse, or normal wear and tear; (iv) unauthorized attachments, modifications or disassembly; (v) damage during shipping; or (vi) Products purchased from unauthorized distributors, resellers or internet sites. Buyer’s care in selection, adequate testing at time of installation and proper installation, operation and maintenance of all Products is required for adequate performance. Limitations of Liability. NOTWITHSTANDING ANY PROVISION OF THIS CONTRACT OR THE LAW, IT IS EXPRESSLY AGREED THAT SELLER’S TOTAL LIABILITY FOR ANY DAMAGES, COSTS OR EXPENSES ARISING OUT OF OR RELATED TO THIS CONTRACT OR ITS PRODUCTS OR SERVICES, WHETHER BASED IN CONTRACT, WARRANTY, INDEMNITY, TORT/EXTRA-CONTRACTUAL LIABILITY (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE IS LIMITED TO THE REPAIR OR REPLACEMENT OF THE PRODUCT OR SERVICES OR, AT SELLER’S OPTION, A RETURN OF AN AMOUNT THAT SHALL NOT EXCEED THE PURCHASE PRICE. UNDER NO CIRCUMSTANCES WILL SELLER, ITS OFFICERS, DIRECTORS, EMPLOYEES OR ASSIGNS BE LIABLE FOR ANY OTHER REMEDY, LOSS, COST, DAMAGE OR EXPENSE WHETHER DIRECT OR INDIRECT. IN NO EVENT WHATSOEVER SHALL SELLER BE LIABLE FOR ANY CONSEQUENTIAL, LIQUIDATED, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, INCOME, PROFIT, OR PRODUCTION; INCREASED COST OF OPERATION; SPOILAGE OR DAMAGE TO MATERIAL; OR CHANGE OUT COSTS. BUYER SHALL INDEMNIFY, DEFEND AND HOLD SELLER H A R M L E S S FROM ANY LOSS, COST, EXPENSE, D A M A G E , OR CAUSE OF ACTION TO OR BY A THIRD PARTY THAT EXCEEDS THESE LIMITATIONS OF LIABILITY. Terms of Payment. Terms of payment, unless agreed otherwise in writing, are thirty (30) days net from date of invoice, without set-off for any payment from Seller not due under this Contract. Seller reserves the right to charge interest at the rate of 1.5% per month or the highest rate allowed by law, whichever is lower, for all amounts more than thirty
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Not Covered by Warranty. Deterioration caused by corrosive, hazardous or unsafe cargo, Defects in Chassis and/or Power Unit, Defects in Products not manufactured by Summit, Deterioration due to normal wear and tear, Deterioration due to misuse, abuse, failure to follow recommended maintenance procedures outlined in Summit Owner’s Manual, acts of nature, including, but not limited to hurricanes, tornadoes, winds, snow hail, floods or fire, or other contingencies beyond the control of Summit, Repairs and/or modifications made without the approval of Summit, Customer decals or graphics, Mounting or re-mounting not performed by a Summit authorized service center. Reimbursement for travel time, towing, vehicle rental, service calls, oil, batteries, fabricated parts, loss of income due to downtime, damaged due to misuse or abuse, negligence, accidents, alterations, overtime expenses, routine maintenance or normal wear. It shall be Customer’s responsibility to contact Summit or an authorized distributor before any repairs are made which are covered by or affect this warranty, in order to secure Summit’s prior approval. Summit shall, at its option, provide a factory or local representative to inspect the equipment prior to issuing such approval. Summit reserves the right to make changes or improvements in design or product without thereby obligating itself to make the same changes or improvements upon its products previously manufactured. Summit’s warranty is void if Summit’s original equipment parts are not used in repairs. Without regard to the nature of the claim asserted, Summit shall not be responsible nor otherwise be held liable for cargo loss, loss of use, property damage, other commercial (economic) loss, or other direct, indirect, incidental, consequential, or special damages alleged to have been caused by any product delivered thereunder. (This limitation shall apply regardless of whether the exclusive remedy provided hereunder falls in its “essential purpose” within the meaning of Section 2719 (b) of the Pennsylvania Uniform Commercial Code.) Customer’s sole and exclusive remedy for any claim arising out of (a) breach of contract, (b) any defects in products or workmanship,
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Not Covered by Warranty. No representative of Seller has authority to waive, alter, vary or add to the scope of the warranty without prior written approval of an officer of Seller. Seller’s warranty does not apply to: (i) products impacted by adverse water conditions, extreme weather or temperatures, or other natural conditions; (ii) improper or unauthorized repair, installation or maintenance of the products by a party other than Seller; (iii) use for purposes or under conditions other than those for which designed, or other abuse, negligence, misuse, unauthorized access, or normal wear and tear; (iv) unauthorized attachments, modifications or disassembly; (v) damage during shipping; or (vi) products purchased from unauthorized distributors, resellers or internet sites. Buyer’s care in selection, adequate testing at time of installation and proper installation, operation and maintenance of all products is required for adequate performance.
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Related to Not Covered by Warranty

  • Shares Covered by this Agreement This Agreement shall apply to unissued shares of the Issuer, shares of the Issuer held in its treasury in the event that in the discretion of the Issuer treasury shares shall be sold, and shares of the Issuer repurchased for resale.

  • Claims Covered by this Agreement To the maximum extent permitted by law, the Company and Executive mutually consent to the resolution by arbitration of all claims or causes of action that the Company may have against Executive or that Executive may have against the Company or against its officers, directors, employees, or agents in the capacity as such or otherwise (collectively “claims”). The claims covered by this Agreement include, but are not limited to, claims for breach of any contract or covenant (express or implied); tort claims; claims for discrimination (including, but not limited to, race, sex, sexual harassment, or any type of unlawful harassment, religion, national origin, age, marital status, medical condition, disability or sexual orientation); claims for wrongful termination in violation of public policy; and claims for violation of any federal, state, or other governmental law, statute, regulation or ordinance, including, but not limited to, all claims arising under Title VII of the Civil Rights Act of 1969, as amended, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act, the California Fair Employment & Housing Act, the California Labor Code, the Consolidated Omnibus Budget Reconciliation Act of 1985, the Fair Labor Standards Act or Employee Retirement Income Security Act.

  • BUSINESS COVERED A. By this contract (the "Contract") the Company cedes to the Reinsurer and the Reinsurer hereby accepts, assumes liability for, and reinsures the Company's 100% share in the interests and liabilities arising out of directly or indirectly, in whole or in part or in connection with the Aggregate Excess of Loss Credit Insurance Policy (policy number ), effective January 1, 2020 (hereinafter referred to as the "Policy") issued to Federal National Mortgage Association (hereinafter referred to as the "Insured"). This reinsurance is a 100% cession of all of the Company's liability under the Policy. The reinsurance shall inure to the benefit of the Insured, subject to and in accordance with the terms, provisions, conditions and stipulations of the Policy and the provisions of this Contract. As set forth in this Contract, the Insured shall have the right to bring an action against the Reinsurer to recover the loss sustained by the Insured for which the Reinsurer is liable hereunder.

  • Service Warranty Provider has carefully examined and analyzed the provisions of this Agreement, including but not limited to all exhibits attached and incorporated into it, and can and will perform, or cause, the Services to be performed in strict accordance with the provisions and requirements of the Agreement. Services will be performed in a timely, professional and workmanlike manner in accordance with all applicable industry and professional standards.

  • Third Party Warranties Third-party equipment, software and peripheral products are covered by the warranties provided by the original manufacturer or the seller of the product. Third party warranties may vary from product to product. It is your responsibility to consult the applicable product documentation for specific warranty information. In addition, you acknowledge that certain third party equipment or software warranties may limit or void the remedies that they offer if unauthorized persons perform support service on the equipment or software. It is your responsibility to ensure that any impact that Verizon's delivery of Technical Support Services might have on third party warranties is acceptable to you.

  • Breach of Confidentiality Contractor acknowledges that there can be no adequate remedy at law for any breach of Contractor’s obligations hereunder, that any such breach will likely result in irreparable harm, and therefore, that upon any breach or threatened breach of the confidentiality obligations, the Court shall be entitled to appropriate equitable relief, without the requirement of posting a bond, in addition to its other remedies at law. INDEMNIFICATION

  • Performance Warranty Contractor shall warrant all work under this Contract, taking necessary steps and precautions to perform the work to County’s satisfaction. Contractor shall be responsible for the professional quality, technical assurance, timely completion and coordination of all documentation and other goods/services furnished by the Contractor under this Contract. Contractor shall perform all work diligently, carefully, and in a good and workmanlike manner; shall furnish all necessary labor, supervision, machinery, equipment, materials, and supplies, shall at its sole expense obtain and maintain all permits and licenses required by public authorities, including those of County required in its governmental capacity, in connection with performance of the work. If permitted to subcontract, Contractor shall be fully responsible for all work performed by subcontractors.

  • Year 2000 Warranty The Sub-Adviser represents and warrants that it is actively pursuing a comprehensive and coordinated compliance strategy (including remediation and testing) to ensure the readiness of its business systems and applications for the Year 2000 and believes that all such systems critical to the performance of Sub-Adviser's responsibilities hereunder will be Year 2000 compliant prior to January 1, 2000. The Sub-Adviser will make appropriate inquiries as to the readiness of its vendors, service providers, clients and other third parties for the Year 2000; provided, however, that neither the Sub-Adviser nor any of its officers, directors or employees (or affiliated companies) make any representations or warranties regarding the Year 2000 readiness of such vendors, service providers, clients and other third parties.

  • Breach of Warranties In the event of any breach, or reasonably anticipated breach, of any of the foregoing warranties, in addition to any other remedies available at law or in equity, Exodus will have the right immediately, in Exodus' sole discretion, to suspend any related Internet Data Center Services if deemed reasonably necessary by Exodus to prevent any harm to Exodus and its business.

  • Breach of Warranty Any representation or warranty made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;

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