Excluded Causes use of the equipment or materials not supplied or approved in writing by CircoSense Ltd;
Excluded Causes. As defined in Section 2.10.2.
Excluded Causes. 4.1 In addition to any Excluded Causes under the General Terms and Conditions, K3 shall not be liable for any delay or failure to perform the Agreement (including the Hardware Support Services) to the extent caused or contributed to by, and the Hardware Support Services do not include any service or requirement to the extent that such service or requirement is, or arises as a result of:
(a) any issue with Supported Hardware other than fair wear and tear of Supported Hardware;
(b) external surfaces of the Supported Hardware not being kept clean and in good condition;
(c) firmware updates;
(d) consumable items, accessories or cables and electrical equipment external to the Supported Hardware;
(e) Solid State Drives (SSD) unless expressly agreed on the Order Form;
(f) configuration, networking services, training and consultancy services;
(g) (i) defect in design or (ii) faulty materials or workmanship in manufacture of Supported Hardware;
(h) any attempt (successful or not) by any person other than K3 to modify, change, move, reposition, adjust, support, repair or maintain any part of the Supported Hardware or merge it (in whole or in part) with any other software/equipment or additions or variations to the software/equipment;
(i) any failure of the Customer to promptly exercise its rights, and/or as requested by K3 assist K3 to exercise or assign to K3 the rights under any third-party warranty concerning a Product;
(j) if K3 cannot replicate the problem as reported using reasonable efforts;
4.2 If K3 (in its sole discretion) provides Hardware Support Services in respect of any of the above issues, it shall be entitled to charge at its standard rates in respect of such applicable services.
Excluded Causes. If the only dispute relates to unpaid fees, costs or other charges, the party owed the money may commence legal action in court for outstanding moneys due under this Agreement.
Excluded Causes. Global Solar’s limited warranties do not cover damage, malfunction, or failure if Global Solar concludes that the damage, malfunction, or failure resulted from design considerations unique to a particular use of the Modules. In all cases, system design decisions are solely the responsibility of the installer or solution provider. The installer and solution provider have the best knowledge of the variables affecting a particular use and are responsible for the assessment of acceptable risks and benefits. On those occasions where design decisions cause or contribute to failures or are not consistent with the Installation Manual or Additional Guidance (as applicable) based on Documents and emails resulting from verbal or email discussions with Global Solar's Customer support team, Global Solar’s warranty does not then apply.
Excluded Causes. In addition to the Excluded Causes under Condition 11.2 of the General Terms and Conditions, K3 shall not be liable for any delay or failure to perform the Agreement any service or requirement to the extent that such service or requirement is, or arises as a result of:
(a) maintenance relating to or affecting the Cloud Software;
(b) archives or backups not specifically agreed in writing as forming part of the Cloud Software;
(c) third party content, products or services accessed through the Cloud Software.
Excluded Causes. MSIG shall not be liable for any loss or damage caused by or arising from:
(a) mechanical, electrical or electronic breakdown, failure orderangement;
(b) theft from any unattended vehicle;
(c) marring or scratching, denting, chaffing, deterioration, depreciation, alteration, maintenance, any process of cleaning or drying, repairing, renovation, bleaching, dyeing, restoring or servicing;
(d) leakage, loss of weight, shrinkage, evaporation, bulging, buckling, contamination, insect or vermin, inherent vice, wear and tear, rust, corrosion, mildew, atmospheric or climatic conditions (including wind, rain, hail, sleet, snow and frost) and any other gradually operating causes;
(e) delay, seizure, confiscation, destruction, requisition, retention or detention by Customs or other Government or Public Authority or official;
(f) the intentional, deliberate or fraudulent acts of the Insured Person or his representatives, or anyone residing in the same household or to whom the Personal Property has been entrusted;
(g) mysterious disappearance or unexplained loss;
(h) transit by air, vessels or ships, trains or vehicles, or any other mode of Public Transportation unless the Personal Property is in the Insured Person physical possession at the time of Loss;
(i) product defects, faulty or defective design, material or workmanship, latentdefect;
(j) ionizing radiation or contamination by radioactivity from nuclear waste from the combustion of nuclear fuel, or the radioactive toxic explosive or hazardous properties of any nuclear assembly or nuclear component thereof;
(k) any Personal Property for which Insured’s Member Banks have been informed of disputes over the charges made for purchase of the Personal Property under the Insured Person’s Payment Card. The Insurer shall not be liable for:
1. The cost of:
(a) adjustments or rectification of operational malfunctions;
(b) replacement of spent lost or damaged expendable or replaceable parts including bulbs valves tubes fuses batteries belts chains tapes ribbons cards, unless necessitated by loss or damage covered by this Policy.
2. Loss or damage arising from:
(a) the application of electrical energy; mechanical defects or mechanical derangement or mechanical breakdown.
(b) wear and tear depreciation gradual deterioration rust corrosion oxidation mildew moth vermin; or in connection with any process of cleaning dyeing repairing restoring or renovating; the action of light or atmospheric or climatic conditions, or extremes of...
Excluded Causes. Part 1 of this Policy does not cover damage directly or indirectly caused or occasioned by or arising from:
Excluded Causes. The following are excluded when calculating SSOCP Availability: (a) scheduled maintenance windows when Gogo conducts normal maintenance to the extent that Gogo provides American with at least forty-eight (48) hours’ prior written notice, or (b) outages that would not have occurred but for the actions, inactions or omissions of American, its other IFC Providers, or either of their affiliates, subcontractors, agents, or employees (collectively, the “Excluded Causes”).
Excluded Causes. This section of the Policy does not cover:-
(i) faulty or defective design materials or workmanship, latent defect, gradual deterioration, deformation, distortion or wear and tear, corrosion, rust, extremes or changes in temperature, dampness, dryness, wet or dry rot fungus, shrinkage, evaporation, loss or weight, pollution, contamination, change in color, flavor, texture or finish, action of light, vermin, insects, marring or scratching, or inherent vice.
(ii) Interruption of the water supply, gas, electricity or fuel systems, or failure of the effluent disposal systems from the Insured Location of Risk.
(iii) Settling or bedding down of structures shrinkage or expansion of foundation walls floors or ceilings.
(iv) cost for normal upkeep, normal making good and the maintenance.
(v) any fraudulent scheme, trick, device or false pretense, practiced upon the Insured or upon any person(s) having care of the Property Insured at such time.
(vi) crime, acts of infidelity, or acts of dishonesty, on the part of the Insured or any of the employees of the Insured.
(vii) disappearance, unexplained or inventory shortage, misfiling or misplacing of information, shortage in supply or delivery of materials, or shortage due to clerical or accounting error.
(viii) cracking, fracturing, collapse or overheating of boilers, economizers, vessels, tubes or pipes, nipple leakage, or the failure of welds of boilers.
(ix) mechanical or electrical breakdown, or derangement of machinery or equipment, including electronic installations, computers and data processing equipment.
(x) damage to boilers, economizers, turbines or other vessels, machinery or apparatus, in which pressure is used, or their contents resulting from their explosion or rupture.
(xi) bursting, overflowing, discharging or leaking of water tanks, apparatus or pipes when the Insured Location of Risk becomes unoccupied and so remains for a period of more than 7 days.
(xii) the freezing, solidification or inadvertent escape, of molten or gaseous material.
(xiii) false programming, punching, labeling or inserting, inadvertent cancelling of information, or discarding of data media and loss of information caused by magnetic fields.
(xiv) burglary, robbery or theft/full theft of property/money or any attempt thereat.
(xv) Flood unless expressly stated in the Schedule.
(a) Damage by a cause not excluded in the Section ensues and then the Company shall be liable only for such ensuing Damage and/or
(b) such loss is caused dir...
