Exclusions of Warranty Sample Clauses

Exclusions of Warranty. The Product Warranty and the Performance Warranty do not apply in the following cases: o If the fitting, use and maintenance conditions do not comply with the recommendations indicated in the Instructions for Use in its version available on the date of fitting, and with the standards in force; o For the benefit of the PREMIUM WARRANTY, if the installation report has not been completed by the Fitter, provided to the User Customer and communicated to DUALSUN within eight (8) weeks following the fitting, o If there is a problem further to a poor fitting, lack of respect of the fitting instructions, electrical standards and maintenance instructions; o In the case of external accidents, over-voltage, flooding, lightning, fire, storms, hail, accidental breakage or any other event beyond DUALSUN’s control; o In the case of damage with a cause that is unrelated to the DUALSUN panels: breakage, impact … o In the case of minor amendments or physical aspects that do not affect the correct operation and performance warranty (scratches, scrapes, whitening, and simple discoloration of the cells …). o If the type and serial number of the panels have been amended, removed or made illegible, for whatever purpose or by any means; o If the products have been purchased second hand.
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Exclusions of Warranty. Damage or imparement to the Products resulting from any of following activities are NOT covered by this Warranty: - Installation or use with any devices not approved as compatible by Aoboet - Failure to install or use the battery in the way intended, or as demonstrated in the installation manual including mis-installation of cables and connections. - Failure caused by charger or inverter unit. - Incorrect transportation, storage, installation or wiring by consumer or installer; - Mistreatment of the product including incorrect installation environment, incorrect temperatures or using the units other than in the specified manner. - Damage caused by any impact, physical trauma to the unit such as dropping or mishandling. - Attempts to change the functionality of the unit in any way. - exposure of the Product to movement or shaking following installation, or temperatures of more than 50°C or below -10°C; - Using the battery outside of the clearly stated performance criteria for the unit. - Water ingress, corrosive gas damage or installation in dirty environments causing particles to affect performance. - Anyone other than those authorized by AOBOET may not modify, disassemble, repair or replace the product; - The unit must have clearly identifiable and authentic serial number and labels on the unit. - Extensive superficial damage to the case demonstrating impact or mishandling or poor protection of the battery. - The Product not being operated for any period of 6 months or more. - Unusual physical or electrical stress caused by Force majeure, such as power failure surges, inrush current, lightning, flood, fire, accidental breakage, etc.; -
Exclusions of Warranty. 8.1. Save to the extent provided in these conditions, Elevation REH gives no guarantees nor warranties, express or implied, nor makes any representations of any nature whatsoever in respect of the materials utilized in any goods supplied or installed or repairs effected by it, nor as to the fitness of any such goods, installations or repairs for any purpose for which they are required whether such purpose be communicated to Elevation REH or not. The sole liability of Elevation REH shall be as provided for by their terms of the guarantee/warranty hereinafter set out.
Exclusions of Warranty. Claims under this Warranty are excluded when: The Warranty Claim has not been notified to XOLTA according to the process set out in section 27 above, • The respective warranty periods have ended, cf. section 24 and 25 above, • The Warranty Claim has not been notified to XOLTA within six months after Pur- chaser has or should have gained knowledge of Warranty Claim, • The person entitled to the Warranty Claim refuses XOLTA or its representative access to proper testing of the Covered Product, or • The serial number on the Covered Product can no longer be identified or has been modified. Further, this Warranty does not apply to Covered Products that have been impaired, damaged or destroyed due to one or more of the following circumstances: • Purchaser has not fulfilled its obligations as set out in section 9; • The Covered Products are not continuously connected to the internet via LAN cable whereby XOLTA cannot monitor the performance of the Covered Products; • the Covered Product has not been stored, transported, set up or installed in an appropriate and professional manner, in accordance with technical standards and regulations, in accordance with the respective installation manual of the Covered Products or in accordance with instructions of XOLTA; • The Covered Product has been operated contrary to their intended use or con- trary to the instructions in the respective installation manual for the Covered Prod- uct; • The Covered Products were constantly out of service due to Purchaser for a pe- riod of more than two months after the initial installation. • The Covered Product has not been serviced properly and professionally or ac- cording to technical standards or the maintenance instructions of Covered Prod- uct • The Covered Product has been exposed, even temporarily, to vibrations that not only insignificantly exceed the usual extent of vibrations caused by transport and installation. • The Covered Product has been improperly altered or otherwise tampered with by the person entitled to the Warranty or third parties. • An overvoltage has occurred in the power grid to which the Covered Products are connected.
Exclusions of Warranty. Components subject to wear during normal use and over time, including, but not limited to, paint, window/shield finish and condition, light bulbs, seals, chip removal system, etc., are excluded from this warranty. Manufacturer’s specified maintenance procedures must be adhered to and recorded in order to maintain this warranty. This warranty is void if Manufacturer determines that (i) any DetroitMT Product was subjected to mishandling, misuse, abuse, neglect, accident, improper installation, improper maintenance, improper storage, or improper operation or application, (ii) any DetroitMT Product was improperly repaired or serviced by Customer, an unauthorized service technician, or other unauthorized person, (iii) Customer or any person makes or attempts to make any modification to any DetroitMT Product without the prior written authorization of Manufacturer, and/or (iv) any DetroitMT Product was used for any non-intended use. This warranty does not cover damage or defect due to an external influence or matters beyond the reasonable control of Manufacturer, including, but not limited to, electrical current conditions, theft, vandalism, fire, weather condition (such as rain, flood, wind, lightning, or earthquake), or acts of war or terrorism. Without limiting the generality of any of the exclusions or limitations described in this Certificate, this warranty does not include any warranty that any DetroitMT Product will meet any person’s production specifications or other requirements or that operation of any DetroitMT Product will be uninterrupted or error-free. Manufacturer assumes no responsibility with respect to the use of any DetroitMT Product by any person, and Manufacturer shall not incur any liability to any person for any failure in design, production, operation, performance or otherwise of any DetroitMT Product other than repair or replacement of same as set forth in this warranty above. Limitation of Liability and Damages Manufacturer will not be liable to customer or any other person for any compensatory, incidental, consequential, punitive, special, or other damage or claim, whether in an action in contract, tort, or other legal or equitable theory, arising out of or related to any DetroitMT product, other products or services provided by manufacturer or an authorized distributor, service technician or other authorized representative of manufacturer (collectively, “authorized representative”), or the failure of parts or products made by using any...
Exclusions of Warranty. Damage or impairment to the Products resulting from any of following activities are NOT covered by this Warranty:‌ Installation or use with any devices not approved as compatible by CFE. Failure to install or use the battery in the way intended, or as demonstrated in the installation manual including incorrect-installation of cables and connections.‌ Failure caused by charger or inverter unit. Incorrect transportation, storage, installation or wiring by consumer or installer;if buyer fails to use the original packing materials provided by seller during the transportation of equipment the products damage or failure shall not fall under the warranty scope of the product.‌‌‌ Mistreatment of the product including incorrect installation environment, incorrect temperatures or using the units other than in the specified manner.‌ Damage caused by any impact, physical trauma to the unit such as dropping or mishandling.‌ Attempts to change the functionality of the unit in any way. exposure of the Product to movement or shaking following installation, or temperatures of more than 50°C or below -10°C;‌ Using the battery outside of the clearly stated performance criteria for the unit. Water ingress, corrosive gas damage or installation in dirty environments causing particles to affect performance.‌‌ Anyone other than those authorized by CFE may not modify, disassemble, repair or replace the product;‌ The unit must have clearly identifiable and authentic serial number and labels on the unit.‌ Products suffered any external influences including unusual physical force, electrical stress (power failure surges,inrush current,lightning,flood,fire,accidental breakage,etc)‌‌ Extensive superficial damage to the case demonstrating impact or mishandling or poor protection of the battery.‌ Product damage and defect caused by deliberately or willful act. Products failure is not reported to seller or CFE authorized service partner within 1 week of appearance.‌ The Product not being operated for any period of 6 months or more. Unusual physical or electrical stress caused by Force majeure, such as power failure surges, inrush current, lightning, flood, fire, accidental breakage, etc.;‌
Exclusions of Warranty. Freight to and from Custom Molded Products (CMP) for any product returned for warranty. • Damage due to insufficient or excessive electrical/water/gas supply is not covered by this warranty • Damage due to improper installation is not covered by this warranty • Powder coated finishes are not covered by this warranty unless defective out of the box prior to installationStainless steel, though stain resistant, is not guaranteed against mineral build up or rust. • Costs incurred that are not authorized in advance by Custom Molded Products (CMP). • This warranty certification does not cover stone, tile, stucco, brick or any other building material that is not resistant to water, copper, stainless steel or aluminum. • Damages or expenses which might be incurred in removal and replacement are not covered under this warranty • Corrosion, patina or other natural reactions of metals, are not covered by this warranty • Any defects due to acts of God, misuse, abuse, accident, ice damage, alteration, misapplication, vandalism, improper maintenance and/or service is not covered under this warranty • Damage caused by improper use of chemicals and storage near chemicals is not covered by this warranty • Damage due to improper water chemistry is not covered by this warranty • Damage due to improperly grounded products is not covered by this warranty • Damage due to cleaning with non-recommended solutions is not covered by this warranty IN NO EVENT SHALL THE LIABILITY OF XXXX WATER & FIRE PRODUCTS EXCEED THE AMOUNT ORIGINALLY INVOICED FOR THE SPECIFIED PRODUCT BY CMP. IN NO EVENT SHALL CMP BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, DIRECT, INDIRECT, PUNITIVE OR EXEMPLARY DAMAGES, HOWEVER CAUSED, WHETHER BASED UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, OR ANY OTHER LEGAL THEORY. Some states do not allow the exclusion or limitation of incidental, special or consequential damages, so the above exclusion may not apply. Obligations of Customer BECAUSE XXXX WATER & FIRE PRODUCTS ARE HAND CRAFTED BY ARTISANS; PRODUCT DIMENSIONS, UNIFORMITY, AND FEATURES MAY VARY SLIGHTLY FROM PRODUCT TO PRODUCT. PRODUCTS SHOULD BE INSPECTED FOR UNIFORMITY AND DIMENSIONAL CONFORMANCE BEFORE INSTALLING, MOUNTING, OR PUTTING INTO OPERATION. PRODUCTS DEEMED NON-CONFORMING AFTER INSTALLATION AND/OR OPERATION ARE NOT COVERED UNDER THIS WARRANTY. • The customer is responsible for routine cleaning and maintenance on all Xxxx Water & Fire surfaces to ensure longevity of product lif...
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Exclusions of Warranty. The following are not covered by this warranty:
Exclusions of Warranty. The warranty excludes incidents or circumstances, the causes of which are beyond the control of Swisscom and which are attributable in whole or in part to Customer and/or to third parties not commissioned by Swisscom (e.g. modifications of the software or Customer software, faults originating from Customer’s network, and im- proper use), as well as events of force majeure. Further- more, the contractual warranties do not apply to re- sources provided by Customer (in particular, software li- cences), even if these were procured by Swisscom for or on behalf of Customer. Swisscom makes no warranty that work developed or de- livered by it (in particular, customized software) and IT systems operated by it can be used uninterruptedly and flawlessly in all combinations desired by Customer, with any data at will, or with other IT systems or programs. If Customer requests for itself or for third parties com- missioned by it credentials for systems or applications for which Swisscom has operational responsibility, and may contractual breaches potentially be caused by use of these credentials (in particular, through non-compliance with service levels), then Customer shall have the burden to prove that the contractual breach was not caused by Customer or by the third party commissioned by it. Swisscom has the right to establish the technical and or- ganisational parameters for such access. Fault analyses and recommendations, and remediation of faults that are attributable to Customer or a third party commissioned by it, that are based on defects in re- sources provided by Customer (including software li- cences), or that are undertaken because of incompatibili- ties in the resources provided by Customer in interaction with the infrastructure provided by Swisscom shall be made on a best-effort basis and billed to Customer at ac- tual cost.
Exclusions of Warranty. The warranty excludes incidents or circumstances, the causes of which are beyond the control of Swisscom and which are attributable in whole or in part to Customer and/or to third parties not commissioned by Swisscom (e.g. modifications of the software or Customer software, faults originating from Customer’s network, and improp- er use), as well as events of force majeure. Furthermore, the contractual warranties do not apply to resources provided by Customer (in particular, software licences), even if these were procured by Swisscom for or on behalf of Customer. Swisscom makes no warranty that work developed or delivered by it (in particular, customized software) and IT systems operated by it can be used uninterruptedly and flawlessly in all combinations desired by Customer, with any data at will, or with other IT systems or programs. If Customer requests for itself or for third parties commis- sioned by it credentials for systems or applications for which Swisscom has operational responsibility, and may contractual breaches potentially be caused by use of these credentials (in particular, through non-compliance with service levels), then Customer shall have the burden to prove that the contractual breach was not caused by Customer or by the third party commissioned by it. Swisscom has the right to establish the technical and organisational parameters for such access. Fault analyses and recommendations, and remediation of faults that are attributable to Customer or a third party commissioned by it, that are based on defects in re- sources provided by Customer (including software licenc- es), or that are undertaken because of incompatibilities in the resources provided by Customer in interaction with the infrastructure provided by Swisscom shall be made on a best-effort basis and billed to Customer at actual cost.
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