Exclusions from Limited Warranty. Any limited warranty offered by Hawthorne does not cover (i) defects, error, or damage to Customer’s equipment due to accident, abuse, misuse, negligent use, failure to follow proper maintenance procedures, and any use other than use in a normal and customary manner, (ii) defects, errors, or nonconformities due to modifications, alterations, additions or changes to Customer’s equipment not made or authorized by Hawthorne, (iii) normal wear and tear, or (iv) damage caused by force of nature or by an act of any third party. Hawthorne’s warranty shall be null and void and have no legal effect in the event Customer has failed to pay for the Goods & Services or failed to bring its account current. All remedies under Hawthorne’s warranty are expressly limited to replacing parts or making repairs as specified in this section during the applicable warranty period. Claims for losses arising out of any failure of repaired equipment to operate for the warranty period or for loss due to, or in connection with, the failure of the repaired equipment, including any and all claims for indirect and consequential damages, are excluded from this limited warranty.
Exclusions from Limited Warranty. This limited warranty applies only if the applicable Uponor products identified above: (a) are selected, configured and installed by a certified licensed plumbing contractor recognized by Uponor as having successfully completed the Uponor AquaPEX® training course and according to the installation instructions provided by Uponor; (b) are not exposed to temperatures and/or pressures that exceed the limitations printed on the warranted Uponor product or in the applicable Uponor installation manual; (c) remain in their originally installed location; (d) are connected to potable water supplies; (e) show no evidence of misuse, tampering, mishandling, neglect, accidental damage, modification or repair without the approval of Uponor; and (f) are installed in accordance with then-applicable building, mechanical, plumbing, electrical and other code requirements; (g) are installed in combination with Uponor AquaPEX-a® tubing unless otherwise specified below. Without limiting the foregoing, this limited warranty does not apply if the product failure or resulting damage is caused by:
Exclusions from Limited Warranty. This limited warranty applies only if the applicable Uponor products identified above: (a) are selected, configured and installed by a certified licensed plumbing contractor recognized by Uponor as having successfully completed the Uponor AquaPEX® training course and according to the installation instructions provided by Uponor;
Exclusions from Limited Warranty. This Limited Warranty shall not apply and VTB has no liability under this Limited Warranty if the Turtle Beach Product:
Exclusions from Limited Warranty. The foregoing warranty does NOT include 1) furnishing supplies for, painting or refinishing Equipment; 2) electrical work external to such Equipment; 3) installation, maintenance or removal of alterations, attachments or other devices not furnished by Xxxxxxxxxx; 4) on site services (including without limitation installation or removal, and costs thereof) ;5) services which cannot be practicably performed due to alterations in or attachments to the Equipment; 6) services for accessories; or 7) repair or replacement of defective Equipment to the extent the defect is attributable to: (i) improper installation, whether with respect to EVSE LLC’s installation instructions or any other applicable standards or codes; (ii) neglect or misuse ( including use of the Equipment for purposes other than that for which it was designed); (iii) transportation, vandalism or burglary of the Equipment, acts of terrorism, accident or disaster, or other external causes (including water, wind , lightning and dust); or (iv) alterations to the Equipment or servicing of the Equipment by a third party. The foregoing warranty shall also not apply to the extent the defect in the Equipment is due to the use of the Equipment in conjunction with products not manufactured by Livingston or to Equipment from which the serial number has been altered, defaced or removed. Only to Original Purchaser: This warranty extends only to the original purchaser of the Equipment. It may not be assigned to any third party. Disclaimer of All Other Warranties: THE WARRANTY SET FORTH ABOVE IS THE SOLE WARRANTY THAT Xxxxxxxxxx PROVIDES WITH RESPECT TO THE EQUIPMENT. CUSTOMER ACKNOWLEDGES THAT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR USE OR PURPOSE, OR ANY WARRANTY IMPLIED THROUGH COURSE OF CUSTOM OR USAGE OF TRADE. Disclaimer of Liability: IN NO EVENT SHALL XXXXXXXXXX ENERGY GROUP BE LIABLE TO CUSTOMER OR ANY THIRD PARTY CLAIMING THROUGH CUSTOMER FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF EARNINGS, PROFIT OR GOODWILL OR COSTS OF COVER, IN EACH CASE RELATING TO THIS WARRANTY OR TO THE EQUIPMENT, EVEN IF SUCH DAMAGES WERE FORESEEABLE AND EVEN IF THIS WARRANTY FAILS OF ITS ESSENTIAL PURPOSE.
Exclusions from Limited Warranty. This Limited Warranty does not cover Product abused, misused, altered or modified by others, not used in the intended manner, not properly stored, installed or maintained, damaged by settlement or movement of underlying structures, normal wear and tear, issues arising due faulty or incomplete project specification received by ILI, and any defect or damage not the result of an act or omission of ILI. This Limited Warranty is void if ILI did not receive payment for the Product when payment was due.
Exclusions from Limited Warranty. THIS LIMITED WARRANTY DOES NOT COVER ANY OF THE FOLLOWING:
1. Equipment which has been abused, damaged, used beyond rated capacity, or which is damaged or has defects caused by repairs or service completed by persons other than authorized service personnel.
2. Costs of repairing damage caused by environmental factors which include, but are not limited to, airborne fallout, chemicals, tree sap, salt, ocean spray, and water hazards.
3. Damage caused by acts of God which include, but are not limited to, hailstorms, windstorms, tornadoes, sandstorms, lightning, floods, and earthquakes.
4. Damage under conditions caused by fire or accident, by abuse or negligence, by improper installation, by misuse, by incorrect operation, by “normal wear and tear”, by improper adjustment or alteration, by alterations not done by the Manufacturer, or by failure of product parts from such alterations.
5. Costs of repairing damage caused by poor or improper maintenance, costs of normally scheduled maintenance, or the cost of replacing any parts unless done as the result of a repair covered by your two-year limited warranty.
6. Costs of modifying the product in any way once delivered to the Buyer, even if such modifications were added as a production change on other products made after the Buyer’s product was built.
Exclusions from Limited Warranty. THIS LIMITED WARRANTY DOES NOT COVER PRODUCT DAMAGED IN TRANSIT, ABUSED, ALTERED, MODIFIED, NOT USED IN THE INTENDED MANNER OR NOT INSTALLED IN ACCORDANCE WITH COMPANY’S INSTRUCTIONS.
Exclusions from Limited Warranty. The Limited Warranty does not apply to or cover: (i) any trial version or free version of the Software, or any TPS or TPS Library Package; (ii) any damage, loss or harm to the Software, or to any hardware, software or systems, or to any TPS or TPS Library Package, caused by Licensee or any of its personnel, or Licensee or its personnel abuse, neglect, and/or negligence, or by any third party hardware, software, device, systems or services, or any harmful environmental or operating conditions, or any event or occurrence of Force Majeure; (iii) any configuration or changes or modifications to the Software not performed by PDQ; (iv) any viruses, malware, or corrupted software or data; (v) any third party hardware, operating system software, Internet services, or other products or services; or (vi) any non- compatibility of the Software with any third party hardware, operating system software, Internet services, or other products or services. The Documentation and specifications therein for the Software may be changed or updated by PDQ at any time in its sole and absolute discretion, and any such change or update shall constitute a change or update to the Documentation or specifications therein for the Software for purposes of the Limited Warranty. It is Licensee responsibility to remain informed of any such changes and updates notified from PDQ’s website or other information distribution methods.
Exclusions from Limited Warranty. The Limited Warranty does not cover the following parts or components:
1. Caterpillar Engines (including engine block assembly and all internal lubricated parts enclosed therein). Xxxxxxx agrees to pass through to purchaser the warranty, if any, originally provided to Morooka by Caterpillar, the original manufacturer of these OEM Parts, subject to the respective terms, conditions, and limitations. {Note: Refer to section I. Limited Warranty for all engine manufacturers other than Caterpillar.}
2. Any part or component that has been subjected to abuse, misuse, unauthorized modifications or repairs, and neglected maintenance. Please refer to the Operator’s Manual included with your equipment for Maintenance Guidelines and procedures.
3. Any part or component damaged in an accident or natural calamity.
4. Any part or component that fails or is damaged from attachments, accessory items, and parts not sold or approved by Morooka.
5. Expendable and wear items that would normally be replaced within the limited warranty period due to normal wear and tear including, but not limited to, filters (air, fuel, oil, hydraulic), brake linings, window glass, light bulbs, belts, etc. Additionally, the Morooka warranty covers workmanship defects but does not warranty wear and tear on undercarriage components including bottom rollers, sprockets, idlers, top carrier rollers, pivot shafts, bushings and rubber tracks. Some components (i.e. sprockets, idlers and rollers) are engineered to wear more rapidly to avoid damage to the rubber tracks.
6. The Rubber Tracks are warranted as the case may be:
