Common use of Exclusions and Restrictions Clause in Contracts

Exclusions and Restrictions. The terms of this Agreement cover maintenance and repair for conditions that result from normal use and operation as described in the Documentation for the Covered Hardware. Seller will not be obligated to perform maintenance or repair on any Covered Hardware which, in its reasonable judgment: a. Has been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation other than installation performed by Seller authorised personnel, improper storage, improper handling, or use contrary to any instructions issued by Seller or has been used in any manner inconsistent with its Documentation: b. Has been repaired, altered, disassembled, reassembled, or damaged as a result of modifications made to the Covered Hardware that were not authorised in writing by Seller; c. Has been damaged by environmental conditions at the Site; d. Has not been installed, operated, repaired and maintained in accordance with its Documentation or has been damaged due to operators failing to perform standard operating procedures or routine maintenance as prescribed in the applicable Documentation; e. Has been moved from the Site by persons not expressly authorised in writing by Seller; f. Has been used with any third party software, hardware, or item including, without limitation, reagent which has not been previously approved in writing by Seller; g. Has been exposed to Bio-safety Level 3 or 4 agents (as defined by The Occupational Safety and Health Administration); h. Has been exposed to radioactivity, and has not been decontaminated to below exempt levels; or i. Has been damaged due to an act of Force Majeure as defined herein.

Exclusions and Restrictions. The terms of this Agreement cover maintenance and repair for conditions that result from normal use and operation as described in the Documentation for the Covered Hardware. Seller will not be obligated to perform maintenance or repair on any Covered Hardware which, in its reasonable judgment: a. Has been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation other than installation performed by Seller authorised authorized personnel, improper storage, improper handling, or use contrary to any instructions issued by Seller or has been used in any manner inconsistent with its Documentation: b. Has been repaired, altered, disassembled, reassembled, or damaged as a result of modifications made to the Covered Hardware that were not authorised authorized in writing by Seller; c. Has been damaged by environmental conditions at the Site; d. Has not been installed, operated, repaired and maintained in accordance with its Documentation or has been damaged due to operators failing to perform standard operating procedures or routine maintenance as prescribed in the applicable Documentation; e. Has been moved from the Site by persons not expressly authorised authorized in writing by Seller; f. Has been used with any third party software, hardware, or item including, without limitation, reagent which has not been previously approved in writing by Seller; g. Has been exposed to Bio-safety Level 3 or 4 agents (as defined by The Occupational Safety and Health Administration); h. Has been exposed to radioactivity, and has not been decontaminated to below exempt levels; or i. Has been damaged due to an act of Force Majeure as defined herein.

Exclusions and Restrictions. The terms of this Agreement cover maintenance and repair for conditions that result from normal use and operation as described in the Documentation for the Covered Hardware. Seller will not be obligated to perform maintenance or repair on any Covered Hardware which, in its reasonable judgment: a. Has been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation other than installation performed by Seller authorised authorized personnel, improper storage, improper handling, or use contrary to any instructions issued by Seller or has been used in any manner inconsistent with its Documentation: b. Has been repaired, altered, disassembled, reassembled, or damaged as a result of modifications made to the Covered Hardware that were not authorised authorized in writing by Seller; c. Has been damaged by environmental conditions at the Site; d. Has not been installed, operated, repaired and maintained in accordance with its Documentation or has been damaged due to operators failing to perform standard operating procedures or routine maintenance as prescribed in the applicable Documentation; e. Has been moved from the Site by persons not expressly authorised authorized in writing by Seller; f. Has been used with any third third-party software, hardware, or item including, without limitation, reagent which has not been previously approved in writing by Seller; g. Has been exposed to Bio-safety Level 3 or 4 agents (as defined by The Occupational Safety and Health Administration); h. Has been exposed to radioactivity, and has not been decontaminated to below exempt levels; or i. Has been damaged due to an act of Force Majeure as defined herein.

Exclusions and Restrictions. The terms of this Agreement cover maintenance and repair for conditions that result from normal use and operation as described in the Documentation for the Covered Hardware. Seller will not be obligated to perform maintenance or repair on any Covered Hardware which, in its reasonable judgment: a. Has been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation other than installation performed by Seller authorised personnel, improper storage, improper handling, or use contrary to any instructions issued by Seller or has been used in any manner inconsistent with its Documentation: b. Has been repaired, altered, disassembled, reassembled, or damaged as a result of modifications made to the Covered Hardware that were not authorised in writing by Seller; c. Has been damaged by environmental conditions at the Site; d. Has not been installed, operated, repaired and maintained in accordance with its Documentation or has been damaged due to operators failing to perform standard operating procedures or routine maintenance as prescribed in the applicable Documentation; e. Has been moved from the Site by persons not expressly authorised in writing by Seller; f. Has been used with any third party software, hardware, or item including, without limitation, reagent which has not been previously approved in writing by Seller; g. Has been exposed to Bio-safety Level 3 or 4 agents (as defined by The United States’ Occupational Safety and Health Administration)) or corresponding agents as defined in applicable local law; h. Has been exposed to radioactivity, and has not been decontaminated to below exempt levels; or i. Has been damaged due to an act of Force Majeure as defined herein.