Excluded Conditions. This Warranty does not cover, and Xxxxxxx has no obligation to respond to, damage, conditions, or a Nonconformity caused in whole or part by: • Installation; an application or configuration exceeding the capacity of the Product design or in violation of applicable codes, plans, or specifications; mishandling or storage of Product; failure to properly incorporate Product into the building envelope; installation in inappropriate openings; building settlement or failure of walls or foundations. • Normal wear and tear, aging, weathering, or corrosion (except as provided for stainless steel hardware); lack of product maintenance,* misuse, or abuse; lack of use of operable Product (vents/sash should be opened and closed monthly); interior moisture or condensation. Normal weathering includes the gradual fading, chalking, or darkening of any colored surface. *Milgard’s maintenance instructions are available at xxxxx://xxx.xxxxxxx.xxx/learn/window-and-door-care/care-and-maintenance. • Glass breakage (except as provided); glass blemishes, scratches, or other imperfections allowable for Quality 3 glass per ASTM C 1036; or reflection of solar energy (sunlight) off of the Product. • Alterations or modifications of the Product or components, such as field mulls, reinstallation, application of tints, films, sealant, caulk, or paint finishes; installation of security systems or window coverings; environmental or applied elements that exceed the tolerances of the Product or its components’ performance ratings. • Any application of force or materials, such as power washing or the use of harsh chemicals such as brick wash, acids, salts, abrasive cleaners, or solvents; acts of nature, or any other condition or cause beyond Xxxxxxx’s control. This Warranty covers only Product confirmed to have a Nonconformity. Where field testing occurs, Xxxxxxx must receive prior notice and opportunity to observe, and information on the anticipated test methods. Without its prior agreement, Milgard shall not be required to respond to testing results or extrapolations to non-tested Product, nor shall it contribute to the cost of testing. Milgard is not responsible for determining the suitability of its products for surrounding building components or wall design. Milgard products are tested in accordance with procedures established by AAMA and NFRC. The tests measure the performance of sample products in a laboratory setting. Milgard manufactures its products using the methods and materials use...
Excluded Conditions. Notwithstanding anything to the contrary set forth herein, the terms and provisions of Subsection 1.2.1 shall not be applicable to any sewer, storm drain or other improvements which have been dedicated to (and such dedication has been accepted by) the Department of Public Works of the County (“Excluded Conditions”); provided, however, that this Lease (as opposed to any separate dedication acceptance or other contractual or legal obligation) shall not create any obligation or liability on the part of County with respect to such sewer, storm drain and other improvements.
Excluded Conditions. 4.1 This Agreement determines all of the terms and conditions of employment and operates to the exclusion of all industrial instruments and legislation that would otherwise apply.
4.2 The payments set out in this Agreement are intended to satisfy all entitlements, penalty rates and allowances due to an Employee under any applicable legislation (including any relevant State legislation and the minimum Standard set out in the Act) and any Award or Agreement that may otherwise be applicable to the Employee.
4.3 Specifically, this Agreement replaces all terms and conditions of any relevant award or industrial instrument and expressly excludes all Protected Award Conditions as specified in s.354 of the Act from applying to this Agreement. Protected Award Conditions excluded by this Agreement include: • Public Holidays; • Rest breaks; • Shift/ overtime loadings; • Annual leave loadings; • Allowances; • Penalty rates; • Incentive based payments and bonuses; and • Outworker conditions.
Excluded Conditions. This Warranty does not cover, and MI has no obligation to respond to, a Nonconformity caused in whole or part by:
Excluded Conditions. If the Imatest Products are modified or in any way altered, or repaired by anyone other than Imatest, without the explicit written consent of Imatest, or if the Imatest Product has suffered an accident, misuse, unforeseeable use, neglect, alteration, improper installation, improper adjustment, improper repair, improper testing or unusual physical, electrical or electromagnetic stress or interference, or used outside of Imatest’s specifications, then the Imatest Warranty is null and void.
Excluded Conditions. The payments set out in this Agreement are intended to satisfy all entitlements, penalty rates and allowances due to the employees under any applicable legislation (including any relevant State legislation and the minimum Standard set out in the Act) and any Award or Agreement. Specifically, this Agreement replaces all terms and conditions of any relevant Award or industrial instrument and expressly excludes all Protected Award Conditions as specified in s.354 of the Act from applying to this Agreement. Protected Award Conditions excluded by this Agreement include: o Rest breaks; o Loadings for working overtime or for shift work; o Annual leave loadings; o Monetary Allowances for: ▪ Expenses incurred in the course of employment; ▪ Responsibilities or skills that are not taken into account in rates of pay for employees; or ▪ Disabilities associated with the performance of particular tasks or work in particular conditions or locations. o Penalty rates; o Incentive based payments and bonuses; o Provisions relating to Public Holidays including: ▪ entitlements of employees regarding payment on those days; ▪ days to be substituted for work on those days; or ▪ procedures for substituting days for work on those days; and o outworker conditions.
Excluded Conditions. The Contract Price assumes that excessive surface water, sub-surface water, caving soils, rock, or hazardous conditions (“Excluded Conditions”) will not be encountered. If an Excluded Condition is encountered, then Company may in its sole discretion either stop work until Client remediates the condition or may submit a Change Order under this Agreement for Client’s approval. An excessively rocky condition is defined for these purposes as a hard geological formation or sub-surface condition where digging is likely to occur, due to which Company is prevented from performing the job where Company while excavating encounters less penetration than 2 inches in 5 minutes. A time and materials charge will be applied at a rate of $180 per man hour to handle excessively rocky conditions.
Excluded Conditions a) The payments set out in this Agreement are intended to satisfy all entitlements, penalty rates and allowances due to the Employee under any applicable legislation (including any relevant State legislation and the minimum Standard set out in the Act) and any Award or Agreement.
b) Specifically, this Agreement replaces all terms and conditions of any relevant Award or industrial instrument and expressly excludes all Protected Award Conditions as specified in s.354 of the Act from applying to this Agreement. Protected Award Conditions excluded by this Agreement include:
i) Rest breaks;
ii) Loadings for working overtime or for shift work;
iii) Annual leave loadings;
iv) Monetary Allowances for: • Expenses incurred in the course of employment; • Responsibilities or skills that are not taken into account in rates of pay for employees; or • Disabilities associated with the performance of particular tasks or work in particular conditions or locations.
v) Penalty rates
vi) Incentive based payments and bonuses;
vii) Provisions relating to Public Holidays including: • entitlements of employees regarding payment on those days; • days to be substituted for work on those days; or procedures for substituting days for work on those days; and
viii) Outworker conditions
Excluded Conditions. (a) The payments set out in this Agreement are intended to satisfy all entitlements, penalty rates and allowances due to the Employee under any applicable legislation (including any relevant State legislation and the minimum Standard set out in the Act) and any Award.
(b) Specifically, this Agreement excludes all protected award conditions as specified in s.354 of the Act from applying to this Agreement. Protected Award Conditions excluded by this Agreement include: • Rest breaks; • Loadings for working overtime or for shift work; • Annual leave loadings; • Monetary Allowances for: ▪ Expenses incurred in the course of employment; ▪ Responsibilities or skills that are not taken into account in rates of pay for employees; or ▪ Disabilities associated with the performance of particular tasks or work in particular conditions or locations. • Penalty rates; • Incentive based payments and bonuses; • Provisions relating to Public Holidays including: ▪ entitlements of employees regarding payment on those days; ▪ days to be substituted for work on those days; or ▪ procedures for substituting days for work on those days; and ▪ Outworker conditions.
Excluded Conditions. This Warranty does not cover, and Milgard has no obligation to respond to, damage, conditions, or a Nonconformity caused in whole or part by:
