Common use of Equipment Warranty Exclusions Clause in Contracts

Equipment Warranty Exclusions. Dell Product warranties do not cover problems that arise from (1) accident or neglect by Partner or any third party; (2) any third party items or services with which the Dell Product is used or other causes beyond Dell’s control; (3) re-sale, installation, operation or use not in accordance with this Agreement, Dell’s instructions or the applicable Documentation; (4) use in an environment, in a manner or for a purpose for which the Dell Product was not designed; (5) modification, alteration or repair by anyone other than Dell or its authorized representatives; or (6) in case of Equipment only, causes attributable to normal wear and tear. Dell has no obligation whatsoever for Dell Software installed or used beyond the licensed use, for Equipment which was moved from the Installation Site without Dell’s consent, for Equipment whose original identification marks have been altered or removed, or for any Dell Products for which payment has not been received. Products and Services are not fault- tolerant and are not designed or intended for use in hazardous environments requiring fail-safe performance, such as any application in which the failure of the Products or Services could lead directly to death, personal injury, or physical or property damage (collectively, “High-Risk Activities”). Dell expressly disclaims any express or implied warranty of fitness for High-Risk Activities.

Equipment Warranty Exclusions. Dell Product warranties do not cover problems that arise from (1) accident or neglect by Partner or any third party; (2) any third party items or services with which the Dell Product is used or other causes beyond Dell’s control; (3) re-sale, installation, operation or use not in accordance with this Agreement, Dell’s instructions or the applicable Documentation; (4) use in an environment, in a manner or for a purpose for which the Dell Product was not designed; (5) modification, alteration or repair by anyone other than Dell or its authorized representatives; or (6) in case of Equipment only, causes attributable to normal wear and tear. Dell has no obligation whatsoever for Dell Software installed or used beyond the licensed use, for Equipment which was moved from the Installation Site without Dell’s consent, for Equipment whose original identification marks have been altered or removed, or for any Dell Products for which payment has not been received. Products and Services are not fault- fault-tolerant and are not designed or intended for use in hazardous environments requiring fail-safe performance, such as any application in which the failure of the Products or Services could lead directly to death, personal injury, or physical or property damage (collectively, “High-Risk Activities”). Dell expressly disclaims any express or implied warranty of fitness for High-Risk Activities.