Common use of Exclusions to Supply Warranty Clause in Contracts

Exclusions to Supply Warranty. Windcave will have no liability under the Supply Warranty described in Section 7.3 in respect of: (i) Defects, breakdowns, or malfunctions due to failure to properly follow the installation process and instructions for use or an external cause to the Goods (including, but not limited to, shock, lightning fire, vandalism, malicious action, contacts with various liquids or vermin or water damage of any nature, and inappropriate electric voltage); or modifications to the Goods made without the written approval of Windcave; or a lack of every day maintenance (as described in the Documentation); or a lack of supervision or care; or improper storage or poor environmental conditions, particularly those related to temperature and hygrometry effects of variations of electric voltage from the electric network; or from the earth or repair work; or maintenance of the Goods by persons not authorized by Windcave; (ii) Damage due to insufficient or bad packaging of the Goods when returned to Windcave; (iii) Wear and tear from normal use of the Goods and accessories; (iv) Communication problems related to an unsuitable environment, including problems accessing the Internet, transmission faults, local network faults, and modification of the parameters of the relevant cellular network after sale of the Goods; (v) Supply of new versions of Software. If, for example, Windcave produces new Software that is not necessary to fulfil its obligations under this Agreement, Windcave is not required to make such Software available to Customer; (vi) Malfunction due to the use of products or accessories that are non- compatible with the Goods; (vii) Goods returned to Windcave without Windcave’s prior consent or that Windcave has not had an opportunity to troubleshoot; (viii) Defects, breakdowns, or malfunctions due to obstructing material being placed on or into the Goods. Examples of obstructing material includes, but is not limited to, paper, plastic, and metal objects apart from credit and debit cards.

Exclusions to Supply Warranty. Windcave PX will have no liability under the Supply Warranty described in Section 7.3 in respect of: (ia) Defects, breakdowns, or malfunctions due to failure to properly follow the installation process and instructions for use or an external cause to the Goods (including, but not limited to, shock, lightning fire, vandalism, malicious action, contacts with various liquids or vermin or water damage of any nature, and inappropriate electric voltage); or modifications to the Goods made without the written approval of WindcavePX; or a lack of every day maintenance (as described in the Documentation); or a lack of supervision or care; or improper storage or poor environmental conditions, particularly those related to temperature and hygrometry effects of variations of electric voltage from the electric network; or from the earth or repair work; or maintenance of the Goods by persons not authorized by WindcavePX; (iib) Damage due to insufficient or bad packaging of the Goods when returned to WindcavePX; (iiic) Wear and tear from normal use of the Goods and accessories; (ivd) Communication problems related to an unsuitable environment, including problems accessing the Internet, transmission faults, local network faults, and modification of the parameters of the relevant cellular network after sale of the Goods; (ve) Supply of new versions of Software. If, for example, Windcave PX produces new Software that is not necessary to fulfil its obligations under this Agreement, Windcave PX is not required to make such Software available to Customer; (vif) Malfunction due to the use of products or accessories that are non- compatible with the Goods; (viig) Goods returned to Windcave PX without WindcavePX’s prior consent or that Windcave PX has not had an opportunity to troubleshoot; (viiih) Defects, breakdowns, or malfunctions due to obstructing material being placed on or into the Goods. Examples of obstructing material includesinclude, but is not limited to, paper, plastic, and metal objects apart from credit and debit cardsobjects.

Exclusions to Supply Warranty. Windcave PX will have no liability under the Supply Warranty described in Section 7.3 in respect of: (i) Defects, breakdowns, or malfunctions due to failure to properly follow the installation process and instructions for use or an external cause to the Goods (including, but not limited to, shock, lightning fire, vandalism, malicious action, contacts with various liquids or vermin or water damage of any nature, and inappropriate electric voltage); or modifications to the Goods made without the written approval of WindcavePX; or a lack of every day maintenance (as described in the Documentation); or a lack of supervision or care; or improper storage or poor environmental conditions, particularly those related to temperature and hygrometry effects of variations of electric voltage from the electric network; or from the earth or repair work; or maintenance of the Goods by persons not authorized by WindcavePX; (ii) Damage due to insufficient or bad packaging of the Goods when returned to WindcavePX; (iii) Wear and tear from normal use of the Goods and accessories; (iv) Communication problems related to an unsuitable environment, including problems accessing the Internet, transmission faults, local network faults, and modification of the parameters of the relevant cellular network after sale of the Goods; (v) Supply of new versions of Software. If, for example, Windcave PX produces new Software that is not necessary to fulfil its obligations under this Agreement, Windcave PX is not required to make such Software available to Customer; (vi) Malfunction due to the use of products or accessories that are non- compatible with the Goods; (vii) Goods returned to Windcave PX without WindcavePX’s prior consent or that Windcave PX has not had an opportunity to troubleshoot; (viii) Defects, breakdowns, or malfunctions due to obstructing material being placed on or into the Goods. Examples of obstructing material includes, but is not limited to, paper, plastic, and metal objects apart from credit and debit cards.

Exclusions to Supply Warranty. Windcave will have no liability under the Supply Warranty described in Section 7.3 in respect of: (ia) Defects, breakdowns, or malfunctions due to failure to properly follow the installation process and instructions for use or an external cause to the Goods (including, but not limited to, shock, lightning fire, vandalism, malicious action, contacts with various liquids or vermin or water damage of any nature, and inappropriate electric voltage); or modifications to the Goods made without the written approval of Windcave; or a lack of every day maintenance (as described in the Documentation); or a lack of supervision or care; or improper storage or poor environmental conditions, particularly those related to temperature and hygrometry effects of variations of electric voltage from the electric network; or from the earth or repair work; or maintenance of the Goods by persons not authorized by Windcave; (iib) Damage due to insufficient or bad packaging of the Goods when returned to Windcave; (iiic) Wear and tear from normal use of the Goods and accessories; (ivd) Communication problems related to an unsuitable environment, including problems accessing the Internet, transmission faults, local network faults, and modification of the parameters of the relevant cellular network after sale of the Goods; (ve) Supply of new versions of Software. If, for example, Windcave produces new Software that is not necessary to fulfil its obligations under this Agreement, Windcave is not required to make such Software available to Customer; (vif) Malfunction due to the use of products or accessories that are non- compatible with the Goods; (viig) Goods returned to Windcave without Windcave’s prior consent or that Windcave has not had an opportunity to troubleshoot; (viiih) Defects, breakdowns, or malfunctions due to obstructing material being placed on or into the Goods. Examples of obstructing material includesinclude, but is not limited to, paper, plastic, and metal objects apart from credit and debit cardsobjects.

Exclusions to Supply Warranty. Windcave will have no liability under the Supply Warranty described in Section 7.3 in respect of: (ia) Defects, breakdowns, or malfunctions due to failure to properly follow the installation process and instructions for use or an external cause to the Goods (including, but not limited to, shock, lightning fire, vandalism, malicious action, contacts with various liquids or vermin or water damage of any nature, and inappropriate electric voltage); or modifications to the Goods made without the written approval of Windcave; or a lack of every day maintenance (as described in the Documentation); or a lack of supervision or care; or improper storage or poor environmental conditions, particularly those related to temperature and hygrometry effects of variations of electric voltage from the electric network; or from the earth or repair work; or maintenance of the Goods by persons not authorized by Windcave; (iib) Damage due to insufficient or bad packaging of the Goods when returned to Windcave; (iiic) Wear and tear from normal use of the Goods and accessories; (ivd) Communication problems related to an unsuitable environment, including problems accessing the Internet, transmission faults, local network faults, and modification of the parameters of the relevant cellular network after sale of the Goods; (ve) Supply of new versions of Software. If, for example, Windcave produces new Software that is not necessary to fulfil its obligations under this Agreement, Windcave is not required to make such Software available to Customer; (vif) Malfunction due to the use of products or accessories that are non- compatible with the Goods; (viig) Goods returned to Windcave without Windcave’s prior consent or that Windcave has not had an opportunity to troubleshoot; (viiih) Defects, breakdowns, or malfunctions due to obstructing material being placed on or into the Goods. Examples of obstructing material includesinclude, but is not limited to, paper, plastic, and metal objects apart from credit and or debit cards.

Exclusions to Supply Warranty. Windcave will have no liability under the Supply Warranty described in Section clause 7.3 in respect of: (ia) Defects, breakdowns, or malfunctions due to failure to properly follow the installation process and instructions for use or an external cause to the Goods (including, but not limited to, shock, lightning fire, vandalism, malicious action, contacts with various liquids or vermin or water damage of any nature, and inappropriate electric voltage); or modifications to the Goods made without the written approval of Windcave; or a lack of every day maintenance (as described in the Documentation); or a lack of supervision or care; or improper storage or poor environmental conditions, particularly those related to temperature and hygrometry effects of variations of electric voltage from the electric network; or from the earth or repair work; or maintenance of the Goods by persons not authorized by Windcave; (iib) Damage due to insufficient or bad packaging of the Goods when returned to Windcave; (iiic) Wear and tear from normal use of the Goods and accessories; (ivd) Communication problems related to an unsuitable environment, including problems accessing the Internet, transmission faults, local network faults, and modification of the parameters of the relevant cellular network after sale of the Goods; (ve) Supply of new versions of Software. Software If, for example, Windcave produces new Software that is not necessary to fulfil its obligations under this Agreement, Windcave is not required to make such Software available to Customer; (vif) Malfunction due to the use of products or accessories that are non- compatible with the Goods; (viig) Goods returned to Windcave without WindcaveXxxxxxxx’s prior consent or that Windcave has not had an opportunity to troubleshoot; (viiih) Defects, breakdowns, or malfunctions due to obstructing material being placed on or into the Goods. Examples of obstructing material includes, but is not limited to, paper, plastic, and metal objects apart from credit and debit cards.

Exclusions to Supply Warranty. Windcave PX will have no liability under the Supply Warranty described in Section 7.3 in respect of: (ia) Defects, breakdowns, or malfunctions due to failure to properly follow the installation process and instructions for use or an external cause to the Goods (including, but not limited to, shock, lightning fire, vandalism, malicious action, contacts with various liquids or vermin or water damage of any nature, and inappropriate electric voltage); or modifications to the Goods made without the written approval of WindcavePX; or a lack of every day maintenance (as described in the Documentation); or a lack of supervision or care; or improper storage or poor environmental conditions, particularly those related to temperature and hygrometry effects of variations of electric voltage from the electric network; or from the earth or repair work; or maintenance of the Goods by persons not authorized by WindcavePX; (iib) Damage due to insufficient or bad packaging of the Goods when returned to WindcavePX; (iiic) Wear and tear from normal use of the Goods and accessories; (ivd) Communication problems related to an unsuitable environment, including problems accessing the Internet, transmission faults, local network faults, and modification of the parameters of the relevant cellular network after sale of the Goods; (ve) Supply of new versions of Software. If, for example, Windcave PX produces new Software that is not necessary to fulfil its obligations under this Agreement, Windcave PX is not required to make such Software available to Customer; (vif) Malfunction due to the use of products or accessories that are non- compatible with the Goods; (viig) Goods returned to Windcave PX without WindcavePX’s prior consent or that Windcave has not had an opportunity to troubleshootconsent; (viiih) Defects, breakdowns, or malfunctions due to obstructing material being placed on or into the Goods. Examples of obstructing material includesinclude, but is not limited to, paper, plastic, and metal objects apart from credit and debit cardsobjects.

Exclusions to Supply Warranty. Windcave PX will have no liability under the Supply Warranty described in Section 7.3 in respect of: (ia) Defects, breakdowns, or malfunctions due to failure to properly follow the installation process and instructions for use or an external cause to the Goods (including, but not limited to, shock, lightning fire, vandalism, malicious action, contacts with various liquids or vermin or water damage of any nature, and inappropriate electric voltage); or modifications to the Goods made without the written approval of WindcavePX; or a lack of every day maintenance (as described in the Documentation); or a lack of supervision or care; or improper storage or poor environmental conditions, particularly those related to temperature and hygrometry effects of variations of electric voltage from the electric network; or from the earth or repair work; or maintenance of the Goods by persons not authorized by WindcavePX; (iib) Damage due to insufficient or bad packaging of the Goods when returned to WindcavePX; (iiic) Wear and tear from normal use of the Goods and accessories; (ivd) Communication problems related to an unsuitable environment, including problems accessing the Internet, transmission faults, local network faults, and modification of the parameters of the relevant cellular network after sale of the Goods; (ve) Supply of new versions of Software. If, for example, Windcave PX produces new Software that is not necessary to fulfil its obligations under this Agreement, Windcave PX is not required to make such Software available to Customer; (vif) Malfunction due to the use of products or accessories that are non- compatible with the Goods; (viig) Goods returned to Windcave PX without WindcavePX’s prior consent or that Windcave PX has not had an opportunity to troubleshoot; (viiih) Defects, breakdowns, or malfunctions due to obstructing material being placed on or into the Goods. Examples of obstructing material includesinclude, but is not limited to, paper, plastic, and metal objects apart from credit and or debit cards.

Exclusions to Supply Warranty. Windcave will have no liability under the Supply Warranty described in Section 7.3 in respect of: (ia) Defects, breakdowns, or malfunctions due to failure to properly follow the installation process and instructions for use or an external cause to the Goods (including, but not limited to, shock, lightning fire, vandalism, malicious action, contacts with various liquids or vermin or water damage of any nature, and inappropriate electric voltage); or modifications to the Goods made without the written approval of Windcave; or a lack of every day maintenance (as described in the Documentation); or a lack of supervision or care; or improper storage or poor environmental conditions, particularly those related to temperature and hygrometry effects of variations of electric voltage from the electric network; or from the earth or repair work; or maintenance of the Goods by persons not authorized by Windcave; (iib) Damage due to insufficient or bad packaging of the Goods when returned to Windcave; (iiic) Wear and tear from normal use of the Goods and accessories; (ivd) Communication problems related to an unsuitable environment, including problems accessing the Internet, transmission faults, local network faults, and modification of the parameters of the relevant cellular network after sale of the Goods; (ve) Supply of new versions of Software. If, for example, Windcave produces new Software that is not necessary to fulfil its obligations under this Agreement, Windcave is not required to make such Software available to Customer; (vif) Malfunction due to the use of products or accessories that are non- compatible with the Goods; (viig) Goods returned to Windcave without WindcaveXxxxxxxx’s prior consent or that Windcave has not had an opportunity to troubleshoot; (viiih) Defects, breakdowns, or malfunctions due to obstructing material being placed on or into the Goods. Examples of obstructing material includesinclude, but is not limited to, paper, plastic, and metal objects apart from credit and debit cardsobjects.

Exclusions to Supply Warranty. Windcave will have no liability under the Supply Warranty described in Section clause 7.3 in respect of: (ia) Defects, breakdowns, or malfunctions due to failure to properly follow the installation process and instructions for use or an external cause to the Goods (including, but not limited to, shock, lightning fire, vandalism, malicious action, contacts with various liquids or vermin or water damage of any nature, and inappropriate electric voltage); or modifications to the Goods made without the written approval of Windcave; or a lack of every day maintenance (as described in the Documentation); or a lack of supervision or care; or improper storage or poor environmental conditions, particularly those related to temperature and hygrometry effects of variations of electric voltage from the electric network; or from the earth or repair work; or maintenance of the Goods by persons not authorized by Windcave; (iib) Damage due to insufficient or bad packaging of the Goods when returned to Windcave; (iiic) Wear and tear from normal use of the Goods and accessories; (ivd) Communication problems related to an unsuitable environment, including problems accessing the Internet, transmission faults, local network faults, and modification of the parameters of the relevant cellular network after sale of the Goods; (ve) Supply of new versions of Software. Software If, for example, Windcave produces new Software that is not necessary to fulfil its obligations under this Agreement, Windcave is not required to make such Software available to Customer; (vif) Malfunction due to the use of products or accessories that are non- non-compatible with the Goods; (viig) Goods returned to Windcave without WindcaveXxxxxxxx’s prior consent or that Windcave has not had an opportunity to troubleshoot; (viiih) Defects, breakdowns, or malfunctions due to obstructing material being placed on or into the Goods. Examples of obstructing material includes, but is not limited to, paper, plastic, and metal objects apart from credit and debit cards.

Exclusions to Supply Warranty. Windcave will have no liability under the Supply Warranty described in Section 7.3 in respect of: (ia) Defects, breakdowns, or malfunctions due to failure to properly follow the installation process and instructions for use or an external cause to the Goods (including, but not limited to, shock, lightning fire, vandalism, malicious action, contacts with various liquids or vermin or water damage of any nature, and inappropriate electric voltage); or modifications to the Goods made without the written approval of Windcave; or a lack of every day maintenance (as described in the Documentation); or a lack of supervision or care; or improper storage or poor environmental conditions, particularly those related to temperature and hygrometry effects of variations of electric voltage from the electric network; or from the earth or repair work; or maintenance of the Goods by persons not authorized by Windcave; (iib) Damage due to insufficient or bad packaging of the Goods when returned to Windcave; (iiic) Wear and tear from normal use of the Goods and accessories; (ivd) Communication problems related to an unsuitable environment, including problems accessing the Internet, transmission faults, local network faults, and modification of the parameters of the relevant cellular network after sale of the Goods; (ve) Supply of new versions of Software. If, for example, Windcave produces new Software that is not necessary to fulfil its obligations under this Agreement, Windcave is not required to make such Software available to Customer; (vif) Malfunction due to the use of products or accessories that are non- compatible with the Goods; (viig) Goods returned to Windcave without WindcaveXxxxxxxx’s prior consent or that Windcave has not had an opportunity to troubleshootconsent; (viiih) Defects, breakdowns, or malfunctions due to obstructing material being placed on or into the Goods. Examples of obstructing material includesinclude, but is not limited to, paper, plastic, and metal objects apart from credit and debit cardsobjects.

Exclusions to Supply Warranty. Windcave PX will have no liability under the Supply Warranty described in Section clause 7.3 in respect of: (ia) Defects, breakdowns, or malfunctions due to failure to properly follow the installation process and instructions for use or an external cause to the Goods (including, but not limited to, shock, lightning fire, vandalism, malicious action, contacts with various liquids or vermin or water damage of any nature, and inappropriate electric voltage); or modifications to the Goods made without the written approval of WindcavePX; or a lack of every day maintenance (as described in the Documentation); or a lack of supervision or care; or improper storage or poor environmental conditions, particularly those related to temperature and hygrometry effects of variations of electric voltage from the electric network; or from the earth or repair work; or maintenance of the Goods by persons not authorized by WindcavePX; (iib) Damage due to insufficient or bad packaging of the Goods when returned to WindcavePX; (iiic) Wear and tear from normal use of the Goods and accessories; (ivd) Communication problems related to an unsuitable environment, including problems accessing the Internet, transmission faults, local network faults, and modification of the parameters of the relevant cellular network after sale of the Goods; (ve) Supply of new versions of Software. Software If, for example, Windcave PX produces new Software that is not necessary to fulfil its obligations under this Agreement, Windcave PX is not required to make such Software available to Customer; (vif) Malfunction due to the use of products or accessories that are non- non-compatible with the Goods; (viig) Goods returned to Windcave PX without WindcavePX’s prior consent or that Windcave PX has not had an opportunity to troubleshoot; (viiih) Defects, breakdowns, or malfunctions due to obstructing material being placed on or into the Goods. Examples of obstructing material includes, but is not limited to, paper, plastic, and metal objects apart from credit and debit cards.