Exclusions from Warranty Coverage. The Warranties do not apply to any equipment not provided by Siemens under this Agreement. Any Equipment that is described as being experimental, developmental, prototype, or pilot is specifically excluded from the Warranties and is provided to Buyer “as is” with no warranties of any kind. Normal wear and tear is excluded, including any expendable items that comprise part of the Equipment (such as fuses, light bulbs and lamps). Siemens does not warrant or guarantee that any Equipment will be secure from cyber threats, hacking or similar malicious activity. Equipment that is networked, connected to the internet, or otherwise connected to computers or other devices must be appropriately protected by Buyer and/or end user against unauthorized access.
Exclusions from Warranty Coverage. The Warranties do not apply to any Third Party Parts or Equipment or to services not performed by Siemens pursuant to this Agreement. Siemens will have no liability to Buyer under any legal theory for such Third Party Parts, Equipment, services or any related assignment of warranties.
Exclusions from Warranty Coverage. The foregoing warranties in Section 18(a) and (b) shall not apply to the extent a non-conformance is due to (i) abuse, misuse, neglect, negligence, accident, improper storage, or use contrary to the Documentation (misuse includes use of a Consumable more than one time), (ii) improper handling, installation, maintenance, or repair (other than by Illumina personnel), (iii) unauthorized alteration, (iv) acts of God, including without limitation, fire, flood, tornado, earthquake, hurricane, lightning, threat of or actual acts of terrorism or war, or (v) use with a third party’s good not provided by Illumina (unless its Documentation or Specifications expressly state such third party’s good is for use with it).
Exclusions from Warranty Coverage. The foregoing warranties do not apply to the extent a non- conformance is due to (i) abuse, misuse, neglect, negligence, accident, improper storage, or use contrary to the Documentation or Specifications, (ii) improper handling, installation, maintenance, or repair (other than if performed by Seller’s personnel), (iii) unauthorized alterations, (iv) Force Majeure events, or (v) use with a third party’s good.
Exclusions from Warranty Coverage. The Warranties do not apply to (i) any product not supplied by Siemens; (ii) any Third Party Parts or Equipment; or (iii) to services not performed by Siemens pursuant to this Agreement. Siemens will have no liability to Buyer under any legal theory for such products, Third Party Parts, Equipment, services or any related assignment of warranties. Any Product that is described as being experimental, developmental, prototype, or pilot is specifically excluded from the Warranties and is provided to Buyer “as is” with no warranties of any kind. Normal wear and tear is excluded, including any expendable items that comprise part of the Product (such as fuses, light bulbs and lamps). Siemens does not warrant or guarantee that any Product will be secure from cyber threats, hacking or similar malicious activity. Products that are networked, connected to the internet, or otherwise connected to computers or other devices must be appropriately protected by Buyer and/or end user against unauthorized access.
Exclusions from Warranty Coverage. The foregoing warranties do not apply to the extent a non- conformance is due to (i) abuse, misuse, neglect, negligence, accident, improper storage, or use contrary to the Documentation or Specifications, (ii) improper handling, installation, maintenance, or repair (other than if performed by Seller’s personnel), (iii) unauthorized alterations, (iv) Force Majeure events, or (v) use with a third party’s good not provided by Seller (unless the Product’s Documentation or Specifications expressly state such third party’s good is for use with the Product).
Exclusions from Warranty Coverage. A. The limited warranties do not apply to a System if the defect or the degradation in power output is determined by eNow to be a result of any of the following conditions (or a combination of any of them):
(1) Improper use, installation, writing, handling, storage, maintenance, or cleaning of the System.
(2) Damage due to installation at a location where conditions deviate from the standard operating conditions set forth in the User Guide, including, without limitation, damage due to water pooling on the System.
(3) Damage from abuse, alteration, or vandalism, or due to plants, insects, or animals, or due to accidents or damage to the vehicle, or due to repairs performed by anyone other than eNow or an eNow authorized repair facility. w Terms and Conditions of Sale as of April 1, 2018
(4) Improper storage or transportation prior to installation.
(5) Damage from external stress, impact, foreign objects, or falling rocks or debris, but during the two-year warranty period for the limited warranty for materials, or the one-year warranty period for the limited warranty for workmanship, this exclusion does not include damage that is attributable to a defect in the System materials or workmanship.
(6) Damage caused by vibrations, rust, scratching, abrasions, cuts, or penetrations.
(7) Environmental pollution (whether man-made or not), including soot, ozone pollution, air pollution, sale damage, or acid rain.
(8) Damage or corrosion caused by roofing materials, chemicals, or substrates, including those used for corrosion resistance, thermal expansion and contraction, and moisture barriers and sealing.
(9) Power or voltage surges or damage caused by the electrical grid.
(10) Natural disasters, earthquakes, fires, typhoons, tornadoes, hurricanes, volcanic activity, volcanic clouds, dust storms, dust clouds, floods, tsunamis, lightning, or other acts of God, or other events that are beyond the reasonable control of eNow.
(11) Acts of terrorism, criminal acts, riots, wars, civil unrest, nuclear explosions or releases, radiation, or man-made disasters.
B. Discoloration or stains on the System are excluded under the limited warranties, unless they cause degradation in power output that is covered by the limited warranty of power output.
C. The limited warranties are void and coverage is excluded if the type or serial number of the System has been intentionally altered, removed, or made illegible.
D. Except as provided in Section 1.A, the limited warranties do not cover...
Exclusions from Warranty Coverage. The Warranty Period does not apply if Customer caused or contributed to the product failure by any of the following: improper handling, use or operation, abuse or misuse, misapplication, negligence, neglect, corrosion, heat, fire, acts of nature, improper maintenance, lack of reasonable and necessary maintenance, or installations, repairs or modifications made or attempted by anyone other than Agility or its authorized service representative (as designated in writing) without proper training, which, in the reasonable judgment of Agility, adversely affect the performance or reliability of the product. In no event shall Agility’s responsibility extend to any equipment, apparatus or product that Agility has not manufactured or supplied to Customer. This warranty shall not be enlarged, nor shall any obligation or liability of Agility be created, by Agility providing technical advice, facilities or service in connection with any product. Agility’s liability for repair or replacement of any valve or temperature relief device that, within the warranty period, is discovered to have a warranted defect, is limited to the repair or replacement provisions of the warranty extended to Agility by the manufacturer of the device. The Warranty does not cover the cost of labor, shipping or freight charges, travel time charges, charges for removal of goods from equipment, the charges for reinstallation, or the cost of non-Agility parts. Normal wear and tear to goods and damage due to alteration of the goods not done by Agility are also excluded from this warranty. Defective product shall not be returned to Agility without Agility’s prior written authorization. Unless otherwise authorized in writing by Agility, warranty repairs to any product must be performed by Agility or its authorized service representative (as designated in writing). If Agility authorizes a product to be repaired within the Warranty Period at a location other than the plant of manufacture, or if a product is repaired (with Agility’s previous written authorization) locally in lieu of replacement, the warranty is limited to the actual repair cost and shall in no event exceed the net sales price paid by Customer for such product. If a product is repaired locally without Agility’s previous written authorization, such product is not covered by the warranty. The warranty claim for a locally repaired part will be valid only when accompanied by a copy of the local repair invoice and prior authorization by Agility...
Exclusions from Warranty Coverage. Fortress Building Products does not warrant against and is not responsible for, and no express or implied warranty, shall be deemed to cover, any Product failure, Product malfunction, damage or condition attributable to:
(1) improper installation of the Product and/or failure to abide by the installation guidelines for the Product;
(2) use of the Product beyond normal use and service conditions, or in an application not recommended by the Product guidelines or installation instructions and/or local building codes;
(3) movement, distortion, collapse or settling of the ground or the supporting structure on which the Product is installed;
(4) any an event of force majeure, including any act of God (such as flooding, hurricane, earthquake, wind, hail, tornado, lightening, etc.);
(5) any environmental condition, including, but not limited to, air pollution, and mold and mildew (except as expressly provided otherwise in this Limited Warranty for stain resistance);
(6) any staining or discoloration from foreign substances, including, but not limited to, food, beverages, dirt, grease, oil, paint, coating materials, chemical substances, and cleaners not approved for use in the Fortress Maintenance and Care Guide (except as expressly provided otherwise in this Limited Warranty for stain resistance);
(7) any staining or damage to the Product caused by abrasive compounds of acidic or basic pH, paints or stains, solvents, metallic rust or other abnormal deck use items, and non-food and non-beverage substances, including, but not limited to, biocides, fungicides, plant food or bactericides, motor oil and suntan/sunscreen lotions;
(8) normal weathering (defined as natural efflorescence, exposure to sunlight, weather and atmospheric conditions which causes any colored surface to gradually fade, chalk, accumulate dirt or stains) and variations or changes in color of the Product;
(9) any fading or staining not on the surface of the Product (i.e., the underside or ends of the Product);
(10) improper handling, maintenance, upkeep, storage, abuse, neglect, or misuse of the Product by Purchaser, any transferee or third parties;
(11) exposure to excessive heat sources (directly or indirectly), including, without limitation, fire, reflected sunlight from low-emissivity (Low-E) glass or other enhanced or concentrated solar reflectivity;
(12) fabrication or remanufacturing by Purchaser, transferee or third-parties;
(13) ordinary wear and tear, scratching or scuffing; and
(14) impac...
Exclusions from Warranty Coverage. This warranty does not cover (a) adhesives, solvents, or butyl tapes used to install the Alpha Roof Membrane; (b) materials that are not components of the Alpha Roof Membrane such as caulking or other materials used for the installation of the Alpha Roof Membrane; and (c) care, cleaning, or general maintenance to the Alpha Roof Membrane. Sealants and other roof related items are not included in this limited Warranty. This warranty shall be void if any component in the Alpha Roof Membrane is not an Alpha product. Alpha shall not be responsible for the cleanliness, discoloration, chalking, or streaking caused by environmental conditions nor contamination by pollutants (oxidation) and presence of the same does not constitute a defect in or to the Alpha Roof Membrane. This Limited Warranty excludes liability for defects in or damages to an Alpha Roof Membrane caused directly or indirectly by any of the following:
i. Severe weather conditions such as acts of God, natural disasters, including but not limited to windstorms, xxxxx, tornadoes, hurricanes, lightning, hail, snow or ice storms; floods, earthquakes, earth tremors;
ii. Deterioration by animal life, insects, algae, fungi, lichens, cyanobacteria, mold or mildew;
iii. Improper handling of the Alpha Roof Membrane, modifications, alterations, misuse, negligent use, abuse, accidents, or other occurrences beyond the control of Alpha;
iv. Purchaser's failure to exercise reasonable care in the maintenance and care of the Alpha Roof Membrane, including but not limited to oxidation accumulation;
v. Failure of the structural integrity of the Product upon which the Alpha Roof Membrane has been installed (including, but not limited to, all fasteners, gaskets. and roof substrate that is damaged. from poor maintenance); deficient, defective, or inadequate design, workmanship or labor in the installation of the Membrane.
vi. Improper installation of the Alpha Roof Membrane including, but not limited to, poor adhesive coverage, poor sealing along the edges, stretching of the Alpha Roof Membrane, incorrect installation along the sidewalls of the Product, failure to protect the Alpha Roof Membrane from raw edges and sidewall edges, and improper installation of roof moldings or other roof components;
vii. Exposure of the Alpha Roof Membrane to acids, solvents, fats, oils, grease, tree sap, hydrocarbons, petroleum products, and other materials which are generally recognized as corrosive to a single-ply roofing membrane such ...
