Conditions and Exclusions. Notwithstanding anything to the contrary set forth in this SLA, this SLA and Customer’s entitlement to the remedies set out in this SLA are subject to the following conditions and exclusions:
Conditions and Exclusions. This SLA is subject to the following conditions and exclusions: ▪ The remedies contained in this SLA are Customer’s sole and exclusive remedy for any failure by Orange to provide the Service in accordance with the Agreement. ▪ Periodic routine, non-routine, or emergency maintenance of the Service by Orange, if provided in a proper, non- negligent manner and in accordance with standard industry practices, will not be deemed to be a failure by Orange to provide the Service in accordance with the Agreement. ▪ Orange must receive all claims for credits for unachieved Service Levels within 60 days following the end of the Month in which Customer alleges that a Service Level was not achieved. Within 30 days following receipt of the claim, Orange will confirm in writing to Customer the amount of the credit, if any, from reports generated by Orange. Orange will issue all applicable credits within 90 days after Customer’s written claim. ▪ Customer must exercise any Service termination right provided under this SLA within 60 days of the breach that gave rise to Customer’s right to cancel the Service. If Customer does not notify Orange in writing of its election to cancel the Service within the 60-day period, then Customer’s right to terminate the Service in connection with said breach shall lapse. ▪ Any termination of the Service by Customer due to the failure by Orange to meet any Service Level under this SLA is without financial liability to Customer, other than Customer’s liability to pay for the Service provided before the effective date of termination. ▪ In no event will total credits due for any unachieved Service Level in any Month exceed 100% of the Qualifying Charges for the affected Location(s) in that Month. ▪ The Service Level for Orange Service Delivery is only applicable if the Service implementation fee is being charged to and is paid by Customer. ▪ Unless otherwise specified, the measurement period for all Service Levels commences on the first day of the Month and ends on the last day of the Month. ▪ Service Levels for Site Availability will be measured from the first full Month following the Date of Acceptance of the Service at the relevant Location. ▪ With respect to Site Availability Service Level, for any Location that (a) is outside of the area of Normal Service (as defined in Clause 1.5) and (b) has only a single CPE installed, Outages caused by a CPE failure are excluded from the calculation of total Outages. ▪ The diversity of Tail Circuits i...
Conditions and Exclusions. 8.4.1. In the event that failure to return Equipment to the Owner after the expiration of Free Time is caused by a party other than the User, the Owner may invoice that party for the Use Charges, but such practice shall in no way relieve the User of ultimate responsibility for the use charges.
Conditions and Exclusions. 7. Mitrex will have no obligation under any limited warranty herein until such time that Mitrex has been fully paid for all supplies and materials. If Mitrex has not been paid in full for all supplies and materials within 30 days of the delivery of all components of the Mitrex System, the limited warranties herein will be voided and Mitrex shall have no liability to any entity hereunder.
Conditions and Exclusions. The Deployment Support Services are subject to the following terms, as well as any additional conditions and exclusions set forth in the applicable Order Form:
Conditions and Exclusions. Service Levels are measured on a quarterly or annual basis, as set forth below.
Conditions and Exclusions. 1. The limited warranties set forth in this document are the only expressed warranties (whether written or oral) applicable to Xxxxxx Windows and Doors products, and no one is authorized to modify or expand these written warranties. All warranty claims must be made during the applicable warranty period.
Conditions and Exclusions. Warranty claims must be submitted within 10 days of the date when Purchaser did notice or could reasonably have noticed the defect. In order to make a warranty claim, Purchaser may be required to prove that the installation did not cause the defects or failures of the Product, unless the installation was performed by a Geotab-certified installer. Any products, services or items made or supplied by third parties (including vehicles tracked with our Products) are not covered by our limited warranty and we are not responsible for malfunctions by or in such products, services or items. Purchaser needs to purchase, license or procure products, software, data or services from third parties to enable the full use or functionality of our Products. Purchaser is responsible for ensuring that all such third party products, software, data or services meet our minimum requirements, including without limitation, processing speed, memory, client software, internet access, internet or other communication channel bandwidth.
Conditions and Exclusions. Any tire, no matter how well constructed, may fail in service or otherwise become unserviceable due to conditions beyond the control of the manufacturer. Nothing in this Warranty is intended to be a representation by Xxxxxx Xxxxxxxx that tire failure cannot occur. Tire Service Life Xxxxxx Xxxxxxxx recommends that all passenger and light truck tires (including full-size spare tires) that are beyond 10 years from their date of manufacture be replaced with new tires. Tires that are 10 or more years old should be replaced even if the tires appear to be undamaged and have not reached their tread wear limits. In some cases, a vehicle manufacturer may make a recommendation for tire replacement earlier than 10 years for their products based upon their understanding of the specific vehicle characteristics and application. If so, you should follow those vehicle manufacturer's specific recommendations for their vehicle. Tires: Radial Versus Bias Bias tires tend to ride and handle differently than radials. Bias ply or bias belted and radial tires should not be mixed on the same vehicle. No Warranty Policy Racing Tires and Tubes Xxxxxx Xxxxxxxx offers racing tires and tubes for sale. These products should be used in racing applications only. Due to the many varied and different conditions to which racing tires and tubes are exposed and because of the manner in which racing is conducted, Xxxxxx Xxxxxxxx makes absolutely no warranty, expressed or implied, as to the fitness for a general or particular purpose or of merchantability in connection with any offer of sale or sale of racing tires and tubes. “XXXXXX XXXXXXXX RACING TIRES OR TIRES USED IN RACING ARE SOLD AS IS”. Not all racing tires are designed, tested or labeled to meet the minimum safety and performance requirements of the Federal Motor Vehicle Safety Standards (FMVSS). Tires that do not meet these Federal safety standards can not be sold for use on public highways and should not be used on any public highway in any manner. Used Tires Never purchase used tires! Previous usage may have damaged internal components. This damage may lead to sudden tire failure. XXXXXX XXXXXXXX DISCLAIMS ANY LIABILITY STEMMING FROM THE USE OF A USED TIRE FOR LOSS OF TIME, OR USE, INCONVENIENCE, OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES TO THE EXTENT PERMITTED BY LAW. Consumer Rights THIS WARRANTY DOES NOT IN ANY WAY EXTEND TO ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OR LOSSES. ALL INCIDENTAL AND CONSEQUENTIAL DAMAGES AND LOSSES ARE...
Conditions and Exclusions. The CUSTOMER shall not be able to benefit from the REPAIR / REPLACEMENT SERVICE when the TYRES have reached their legal minimum tread depth of 1.6 mm. The REPAIR/REPLACEMENT SERVICE shall not be available in respect of TYRES damaged as a result of: • The use of the VEHICLE or TYRES in an improper or abusive manner including without limitation failing to comply with local traffic laws or the Highway Code or driving the VEHICLE when in excess of the legal alcohol limits; • Any collision, breakdown or fire of the VEHICLE or through the use of hydrocarbon resins or non-compliant or improper fitting; • Any attempt to retread, regroove or repair of the TYRES by any person other than a PARTNER; • The use of the TYRES on race tracks or off-road; • Lack of or poor or irregular maintenance of the TYRES, the use of TYRES with incorrect inflation pressure, lack of rotation of the TYRES as recommended by the manufacturer of the VEHICLE and wheel misalignment; • Modifications of the VEHICLE affecting the performance of the TYRES (e.g. degradation of steering and suspension systems). The REPAIR/REPLACEMENT SERVICE shall not cover normal wear and tear of the TYRES or any damage caused deliberately to the TYRES such as vandalism. The REPAIR/REPLACEMENT SERVICE is personal to the CUSTOMER and may not be transferred to any other person, and shall not be available to the CUSTOMER if the TYRES have been fitted to a vehicle other than the VEHICLE of if the VEHICLE has been used for commercial purposes including the transportation of people. The REPAIR/REPLACEMENT SERVICE shall not be performed by another person than a PARTNER.
