Exclusion/ Exemption Clause Samples

Exclusion/ Exemption. 5.1 The Second Party shall not be liable for failure to perform any of its obligations under or arising out this contract if such failure results from any force majeure and/or any measures taken by the Government whatsoever which renders it impossible or impracticable for the Second Party to perform its obligations under this Contract. 5.2 The Second Party shall not be liable for any delay, failure, breakdown loss or injury caused by: a) the Goods for which the First Party has failed to follow any reasonable recommendation(s) made by the Second Party with respect to its care and use, including but not limited to use with the equipment of appropriate media and expendables. b) the Goods supplied by the First Party or any Third Party, or c) the Goods modified by the First Party or any Third Party, or d) any requirements of Posts, Telegraphs and Telecommunications Authority, or e) the Goods run without supervision i.e. not attended by trained personnel. f) Power outages, improper power and environmental conditions. 5.3 The Maintenance Services to be provided by the Second Party shall not include: a) Electrical work external to the machine or maintenance of accessories, attachments, machines or other devices, Power Adaptor, Painting of the cabinet and Consumable items such as stationery, cartridges and magnetic media not covered under the agreement. b) Any failure, due to bad quality of consumable and media; software services, operational problem & training. c) Damage resulting from accidents, fire, lighting neglect or misuse, failure or unclean electrical power, Air conditioning or Humidity control or due to environmental conditions, cost of repair/replacement due to these factors shall be charged by the Second Party for labour as well as replaced parts.