Exceptions to the Warranty Sample Clauses

Exceptions to the Warranty. The Software and Hardware warranties detailed under (i) and (ii) above shall become void if one of the following occurs: (i) the Solution is not used properly in accordance with the manufacturer’s specifications and operating instructions or otherwise is abused, damaged, or negligently serviced or maintained by anyone other than TCS or an authorized TCS dealer; (ii) work is performed on the Solution by anyone not authorized by TCS; (iii) the Solution is installed or used in combination or in assembly with products that are either not approved by TCS or not compatible with the Solution; and should such an event happen, Customer shall be entitled to cure the breach by removal of such products within a reasonable period. The Software and Hardware Warranties exclude Customer-supplied parts and expendable or personal use items such as batteries, headsets, cabling, switches, or non-TCS telephone sets. The foregoing are predicated on TCS receiving timely written notice of any nonconformity with as much specificity as is known and as soon as Customer becomes aware of such nonconformity, but in any event prior to the expiration of the relevant warranty period. TCS shall have the right to inspect and test the Solution and the associated local area network and communications infrastructure to determine, in its reasonable discretion, whether the nonconformity is covered under the applicable warranty. THE WARRANTIES SET FORTH IN THIS SECTION ARE IN LIEU OF ALL
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Exceptions to the Warranty. Notwithstanding any provisions to the contrary in this Agreement, the Warranty shall not apply to problems arising out of or relating to: i. any operation or use of, or other activity relating to the Platform other than as specified in the Documentation; ii. Customer’s or any third party’s negligence, abuse, misapplication or misuse of the Platform, including any use other than as specified in this Agreement or the Documentation; iii. the operation of, or access to, Customer’s or a third party’s system or network; or, iv. unauthorized access to the Platform or to Customer Data (e.g., by a third party obtaining login credentials or Customer or its users) unless due to Company’s negligence.
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Exceptions to the Warranty. The Hardware warranty detailed above shall become void if one of the following occurs: (i) the Hardware is not used properly in accordance with the manufacturer’s specifications and operating instructions or otherwise is abused, damaged, or negligently serviced or maintained by anyone other than Mitel or an authorized Mitel dealer; (ii) work is performed on the Hardware by anyone not authorized by Mitel; (iii) the Hardware is installed or used in combination or in assembly with products that are either not approved by Mitel or not compatible with the Services. The Hardware Warranties exclude Customer-supplied parts and expendable or personal use items such as batteries, headsets, paper, printer ribbons, cabling or non-Mitel telephone sets. Warranties are predicated on Mitel receiving timely written notice of any nonconformity with as much specificity as is known and as soon as Customer becomes aware of such nonconformity, but in any event prior to the expiration of the relevant warranty period. Mitel shall have the right to inspect and test the Hardware and the associated local area network and communications infrastructure to determine, in its reasonable discretion, whether the nonconformity is covered under the applicable warranty. THE WARRANTIES SET FORTH HEREIN IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, FROM MITEL OR ITS SUPPLIERS. THERE ARE NO OTHER REPRESENTATIONS THAT EXTEND BEYOND THE FACE OF THESE WARRANTIES. ALL OTHER WARRANTIES OR CONDITIONS WHATSOEVER, INCLUDING THE WARRANTY OF MERCHANTABILITY & THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY EXCLUDED & DISCLAIMED. MITEL DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES OR HARDWARE WILL BE UNINTERRUPTED OR ERROR FREE.
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Exceptions to the Warranty. ENWIZE’s limited warranty as set in section 6.1 above shall not apply in any of the following: 6.2.1. Malfunction caused by (directly or indirectly) or due to any external cause. 6.2.2. Malfunction caused as a result of misuse, abuse, neglect, negligence, or unauthorized repair or modification of the Software. 6.2.3. Refusal to install bug fix or work around patch. 6.2.4. The use of the Software other than in accordance with the Documentation and this Agreement. 6.2.5. Any alteration or modification of the Software not authorized by ENWIZE. 6.2.6. Bugs that do not adversely affect the ability of the Software to perform its usual designated function.
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Exceptions to the Warranty. Incremental support may be purchased through a support plan. The software and hardware warranties detailed under (i) and (ii) above shall become void if one of the following occurs: (i) the software and/or hardware (collectively, the “System”) is not used properly in accordance with the manufacturer’s specifications and operating instructions or otherwise is abused, damaged, or negligently serviced or maintained by anyone other than Mitel or an authorized Mitel dealer; (ii) work is performed on the System by anyone not authorized by Mitel; (iii) the System is installed or used in combination or in assembly with products that are either not approved by Mitel or not compatible with the System; and should such an event happen, Customer shall be entitled to cure the breach by removal of such products within a reasonable period. The Software and Hardware Warranties exclude Customer-supplied parts and expendable or personal use items such as batteries, headsets, paper, printer ribbons, cabling or non-Mitel telephone sets.
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Related to Exceptions to the Warranty

  • Nonsurvival of Representations and Warranties None of the representations and warranties in this Agreement or in any instrument delivered pursuant to this Agreement shall survive the Effective Time. This Section 8.01 shall not limit any covenant or agreement of the parties which by its terms contemplates performance after the Effective Time.

  • Virus Warranty The Contractor represents and warrants that Licensed Software contains no known viruses. Contractor is not responsible for viruses introduced at Licensee’s site.

  • Incorporation of Representations and Warranties The representations and warranties of the Tenant and its Affiliated Persons set forth in the Transaction Documents are true and correct on and as of the date hereof in all material respects.

  • Representation / Warranty a. All statements contained herein or made in the Proclamation of Sale or otherwise relating to the Property are made without responsibility on the part of the Assignee, the Assignee’s Solicitors, the Auctioneer or their respective servants or agents. b. Such statements are statements of opinions and are not to be taken or relied upon as or implying a statement or representation of fact and any intending bidders must satisfy themselves by inspection or otherwise as to the correctness of any such statements. c. Neither the Assignee, the Assignee’s Solicitors, the Auctioneer nor any person in their employment has any authority to make or give any representation or warranty whatsoever in relation to the Property. d. No error, mis-statement, mis-description, omission or the existence of and/or intention for encroachment or acquisition shall annul the sale nor shall any abatement or compensation be allowed in respect thereof.

  • No Survival of Representations and Warranties None of the representations and warranties contained in this Agreement or in any certificate delivered pursuant to this Agreement shall survive the Merger.

  • REPRESENTATIONS AND WARRANTIES RELATING TO THE COMPANY The TCP Entities, jointly and severally, represent and warrant to each Underwriter as of the date hereof, the Applicable Time and the Closing Time (as defined below), and agree with each Underwriter, as follows:

  • Limitation of Representations and Warranties Except for the representations and warranties expressly set forth in this Agreement and the other Transaction Documents, Seller is not making and shall not be deemed to have made any other representations or warranties, written or oral, statutory, express or implied, concerning the Units, the Company or the business, assets or liabilities of the Company. PURCHASER ACKNOWLEDGES THAT, EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, SELLER HAS NOT MADE, AND SELLER HEREBY EXPRESSLY DISCLAIMS AND NEGATES, AND PURCHASER HEREBY EXPRESSLY WAIVES, ANY REPRESENTATION OR WARRANTY, EXPRESS, IMPLIED, AT COMMON LAW, BY STATUTE OR OTHERWISE RELATING TO, AND PURCHASER HEREBY EXPRESSLY WAIVES AND RELINQUISHES ANY AND ALL RIGHTS, CLAIMS AND CAUSES OF ACTION AGAINST, THE COMPANY, SELLER AND THEIR REPRESENTATIVES IN CONNECTION WITH, THE ACCURACY, COMPLETENESS OR MATERIALITY OF ANY INFORMATION, DATA OR OTHER MATERIALS (WRITTEN OR ORAL) OR DOCUMENTS HERETOFORE FURNISHED OR MADE AVAILABLE TO PURCHASER AND ITS REPRESENTATIVES BY OR ON BEHALF OF THE COMPANY OR SELLER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER THE COMPANY NOR SELLER IS MAKING ANY REPRESENTATION OR WARRANTY TO PURCHASER WITH RESPECT TO ANY FORWARD-LOOKING STATEMENTS OR THE INFORMATION SET FORTH IN ANY SUMMARY, TEASER, CONFIDENTIAL INFORMATION MEMORANDUM OR MANAGEMENT PRESENTATION DELIVERED TO PURCHASER OR ITS REPRESENTATIVES.

  • Certificate of Representations and Warranties The certificate required by Section 3.2(b).

  • Survival of Covenants, Representations and Warranties All covenants, agreements, representations and warranties made herein or in any documents or other papers delivered by or on behalf of the Borrowers, or any of them, pursuant hereto shall be deemed to have been relied upon by the Lenders, regardless of any investigation made by or on behalf of the Lenders and shall survive the execution and delivery of this Master Agreement and the making by the Lenders of the Loans as herein contemplated and shall continue in full force and effect so long as any Loan, Obligation or any other amount due under this Agreement remains outstanding and unpaid or unsatisfied.

  • 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.

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