Conditions of Warranty. This warranty is strictly subject to the following conditions. The customer acknowledges that failure to adhere to these conditions shall void this warranty.
Conditions of Warranty. THE WARRANTIES SET OUT IN SECTION 7 (THE “LIMITED WARRANTIES”) ARE IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS OF ANY KIND, AND ACTIVESTATE MAKES NO OTHER REPRESENTATIONS OR WARRANTIES AS TO THE PERFORMANCE OR SUITABILITY OF THE PRODUCTS FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACTIVESTATE EXCLUDES AND DISCLAIMS, AND LICENSEE WAIVES, ALL IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, DURABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON‐INFRINGEMENT OR ARISING FROM COURSE OF DEALING, USAGE OR TRADE. The Limited Warranties are void and have no application with respect to any error: (1) that results from use by Licensee of the Products in an environment other than that recommended by ActiveState; (2) that results from any modifications to the Products made by Licensee that are not authorized by ActiveState or, if such authorization is granted, are made using software other than ActiveState recommended software; or (3) caused by any bug, defect, virus or error in other software or hardware used with the Products. In the event of breach of the Limited Warranties, ActiveState’s exclusive liability and Licensee’s sole remedy for breach thereof shall be (at ActiveState’s option) to correct or replace the Products and/or the Documentation within a reasonable time or to refund the total Fees paid to ActiveState by Licensee in the relevant portion of the Term and terminate this Agreement. ActiveState shall only be liable under this Agreement for breach of the Limited Warranties where ActiveState is notified in writing of such breach within the Warranty Period. Notwithstanding the foregoing, ActiveState may at its option provide email and/or telephone support to Licensee with respect to issues which are outside the scope of the warranties set forth in Section 7.
Conditions of Warranty. The warranty set forth herein shall be exclusive of (a) normal wear and tear, (b) normal degradation of the Work or the Gathering System, (c) misuse of the Work or the Gathering System by OWNER or negligence in its operation or maintenance, and (d) operation or maintenance of the Work or the Gathering System not in accordance with the written requirements and recommendations of equipment vendors or suppliers and CONTRACTOR.
Conditions of Warranty. The warranty herein is void under the following circumstances:
Conditions of Warranty. To the extent that any failure by Contractor to meet the foregoing warranties is the result of (a) Owner’s failure to receive, handle, store, maintain, or install the Equipment furnished in a reasonable manner or in accordance with any reasonable Contractor requirements conveyed to Owner, (b) Owner’s failure to operate the Equipment within its rating or operated and maintained in a reasonable manner consistent with Contractor’s or Equipment vendors’ instructions, (c) Owner subjecting the Equipment to abuse or misuse, or (d) normal wear and tear or corrosion inherent in the operation of the Facility, then, to that extent, Contractor shall be excused for said failure.
Conditions of Warranty. The warranties and remedies set forth herein are conditioned upon the transformers being received, handled, stored, installed, operated and maintained in a normal and proper manner in accordance with any PPI recommendations and standard industry practices and not having been subjected to accident, alteration, abuse or misuse. Shipment of the defective transformer must be made to PPI or some pre-designated location as authorized by PPI, freight prepaid. Also, the defective transformer must be properly strapped to a shipping pallet or enclosed in a crate. All parts of the transformer must be at least two (2) inches inside the edge of the pallet or crate. Should a transformer fail within the warranty period, the purchaser must insure that the transformer is protected from further damage or deterioration while being stored or otherwise awaiting shipment back to PPI. Should there be any defects in workmanship and/or materials within the warranty period and provided PPI has received a written notification of such failure within one (1) month of its occurrence, PPI shall correct such non-conformity at its F.O.B. factory of the defective part or parts. (Contact your PPI representative for the applicable handling procedures.)
Conditions of Warranty. Contractor shall have no obligation for breach of warranty under Section 13.1 to the extent that (i) such failure to meet the warranty is caused by normal wear and tear occurring at the Facility; (ii) such failure to meet the warranty is the result of Owner's misuse or negligence or acts of God occurring after commencement of the Primary Warranty Period and not normally associated with the operation of an electric generation station such as the Facility; (iii) without Contractor's approval, spare parts other than those supplied or recommended by Contractor have been used, so as, in the reasonable judgment of the Contractor, and have adversely affected the Facility's performance or reliability; or (iv) the Facility or any relevant part thereof is installed, used or serviced by Owner or its contractors other than in conformance with Contractors' or any Subcontractor's manuals, written instructions or written technical specifications. Contractor also shall have no obligation for breach of warranty under Section 13.1 to the extent that, after commencement of the Primary Warranty Period, Owner fails to operate or maintain the Facility or the applicable Generator Sets in accordance with Prudent Electric Practices, to the extent that such failure by Owner is the cause of any Defect or damage to the Facility or the applicable Generator Sets or notify Contractor within a reasonable time after the defect becomes apparent, not to exceed thirty (30) days from the date supervisory level personnel of Owner responsible for the Facility become aware of such defect. Following Owner's request for correction of any Defects or Deficiencies, Owner shall make available to Contractor its operating and maintenance records for the Facility for the purpose of verifying compliance with the foregoing conditions of warranty and assistance in determining the causes of any failure in performance. The warranty under Section 13.1 shall also not apply to any Owner-directed changes (not mutually agreed via Change Order) in the design or construction of the Facility which Contractor reasonably disputes as not being in accordance with good workmanship or Prudent Electric Practices, provided that Contractor has notified Owner of Contractor's Dispute with the Owner-directed change at least seven (7) Business Days prior to performing any such change. Owner's warranty rights shall not be reduced by the presence of spare parts at the Facility, or the lack thereof.
Conditions of Warranty. Xxxxxx’x liability hereunder to the covered person shall be subject to the following terms and conditions:
Conditions of Warranty. At Canon’s discretion, defective parts must be returned with all necessary documentation and will become the property of Canon. THIS WARRANTY APPLIES TO PRINTHEADS SOLD AND USED IN THE U.S.A. AND CANADA ONLY.
Conditions of Warranty a. Any warranty shall become void in a situation where:
