General Conditions and Exclusions Sample Clauses

General Conditions and Exclusions. The Limited Warranty set forth in this document is the only express warranty, and this writing is the final, complete and exclusive expression of all express warranties applicable to FAKRO products. Any statement of the FAKRO’s agent or any other person that purports to differ from, modify or expand this Limited Warranty shall have no effect. All warranty claims must be made during the applicable warranty period. This warranty refers only to products which were purchased and installed in the territory served by the given Distributor, according to the sales contract signed between FAKRO and the Distributor. FAKRO excludes and will not pay for incidental or consequential damages and its liability will in all instances be limited to repair or replacement of the defective product. The warranty does not cover any labor costs associated with the installation of replacement products or components if FAKRO chooses not to repair the product. The provision of replacement products or components shall not extend the original warranty period. FAKRO reserves the right to provide a similar replacement product or component if the original version is no longer available at the time of the claim. No warranty will apply to any product that is not finished, installed, maintained and operated in accordance with FAKRO’s instructions. This warranty does not cover, and FAKRO will not provide repair, replacement or refund for any of the following:
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General Conditions and Exclusions. The roadside assistance services facilitated by Us for You will be limited as follows: General conditions a) You may register one vehicle against this membership. The assistance services provided will also cover Your passenger car if another authorized driver is driving. If You register a two-xxxxxxx then only You may use the assistance services provided in this Membership. If You change Your vehicle, You must send Your RC copy for approval by CPP before the Registered Vehicle is changed. Restricted exclusions: a) If the Registered passenger car is over the age of 8 years or Registered two-xxxxxxx is over the age of 5 years, the assistance stipulated in A6.1 – A6.4 (inclusive) will not be provided. General Exclusions a) If Your Registered Vehicle has not been maintained regularly as per manufacturer guidelines and thus is not in roadworthy condition. b) In any case, if You or any other beneficiary refuses to pay for the services offered on chargeable basis, your Membership will be cancelled. c) Any event when You or any other beneficiary is found to be in any of the situations that are indicated below: 1. The state of intoxication or under the influence of alcohol, drugs, toxins or narcotics not medically prescribed or medically prescribed, but not consumed as per dosage. 2. Lack of permission or corresponding license for the category of the Registered Vehicle or violation of the sanction of cancellation or withdrawal of them. d) Any event where breakdown is caused by deliberately inflicted damage, vandalism, arson or participation in a criminal act or offence. e) Any past history where You or any other beneficiary has on two prior occasions misused or abused the services. f) Those accidents resulting from the illegitimate removal of the Registered Vehicle. g) Those accidents or breakdowns that are produced when You or any other beneficiary have infringed upon the regulatory ordinances as far as the requisites and number of persons transported, weight and means of things and animals that can be transported or the form of handling them as long as the infraction has been the determining cause of the accident or the causal event of the incident. h) Any vehicle involved in or liable to be involved in a legal case prior to or post immobilization. i) Events happening where the vehicle lacks documentation or requisites (including the Technical Inspection of the Vehicles and Obligatory Insurance) legally necessary to ply on public roads in the country where the Re...
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General Conditions and Exclusions. The warranty period begins on the date a new FAKRO product was purchased from a retailer and must be substantiated with the original invoice or sales receipt. If the purchase date cannot be substantiated, the warranty period will begin as of the date of manufacture; which is indicated on each product. The Limited Warranty set forth in this document is the only express warranty, and this writing is the final, complete and exclusive expression of all express warranties applicable to FAKRO products. Any statement of the FAKRO’s agent or any other person that purports to differ from, modify or expand this Limited Warranty shall have no effect. All warranty claims must be made during the applicable warranty period. The warranty does not cover (excluding the LEAK-PROOF SKYLIGHT WARRANTY) any labor cost associated with the installation of replacement products or components. The provision of replacement products or components shall not extend the original warranty period. FAKRO reserves the right to provide a similar replacement product or component if the original version is no longer available at the time of the claim. No warranty will apply to any product that is not finished, installed, maintained and operated in accordance with FAKRO’s instructions. Some states or provinces do not allow for the exclusion or limitation of accidental or consequential damages or the limitation on of the duration of implied warranties; as a result the limitations or exclusions above may not apply to you. All implied warranties, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, are limited to the applicable time limitations set forth above in the Paragraphs numbered 1 through 3 of this Limited Warranty. This warranty does not cover, and we will not provide repair, replacement or refund for any of the following:
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General Conditions and Exclusions. 3.1 These guarantees do not cover/apply to: 3.1.1 Normal wear and tear; 3.1.2 Damages caused in the event of incorrect driving/improper handling technique and/or driver misuse of the vehicle; 3.1.3 Parts supplied by the customer; 3.1.4 Second-hand parts; 3.1.5.1 Vehicle service work and/or repairs carried out by Concordia Fide (Pty) Ltd if and/or when such service work and/or repairs have been tampered with by a third party other than the original repairer, or without the original repairer’s written authorisation; 3.1.5.2 All guarantee vehicle repairs must be carried out by an RMI approved MIWA 5-star rated workshop and only with written permission from Concordia Fide (Pty) Ltd. Concordia Fide (Pty) Ltd including any/all its associates and/staff, will not be held liable for guarantee repairs carried out during the guarantee period at the customer’s own discretion, without written authorisation from the original repairer; Concordia Fide (Pty) Ltd will not pay for third party repairs after the fact. 3.1.6 Vehicle service work and/or repairs carried out by Concordia Fide (Pty) Ltd if/when warning devices (including, but not limited to, cooling system temperature gauges, oil warning gauges, speedometers and/or any other warning lights) are not functional; 3.1.7 Vehicle service work and/or repairs carried out by Concordia Fide (Pty) Ltd should it be that a vehicle has not been serviced according to the OEM’s specifications and service schedules; 3.1.8 Losses suffered as a result of damage not related to vehicle service and/or repairs carried out by Concordia Fide (Pty) Ltd; 3.1.9 Charges incidental to vehicle service work and/or repairs carried out by Concordia Fide (Pty) Ltd (including, but not limited to, hire of alternative transport, towing fee and/or loss of income). 3.2 In order to claim in terms of the above guarantees, the complainant will be required to provide an original invoice and the service history of the vehicle, to be presented by the complainant on the date of the claim. 3.3 In the event of a failure, as a result of which a vehicle has to be recovered and/or stored by Concordia Fide (Pty) Ltd, such recovery and/or storage fees will, except to the extent prohibited by statute, be at the customer’s own risk. 3.4 All vehicle service work and/or repairs must be carried out according to Concordia Fide (Pty) Ltd’s recommendations. Temporary vehicle repairs and work deviating from the recommendations made by
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General Conditions and Exclusions. The Warranty set forth in this document is the only express warranty (whether written or oral) applicable to Force 5® Door Systems and no one is authorized to modify or expand this Warranty. Some states do not allow do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to the Warranty Holder. This limited Warranty provides specific legal rights, but Warranty Holder may have other rights that apply from state to state. If this limited Warranty is deemed to have failed its essential purpose, in no event will Seller’s entire liability exceed the lesser of the Force 5® Door System’s or the non- conforming components’ purchase price.
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General Conditions and Exclusions. The limited warranty set forth in this document is the only express warranty (whether written or oral) applicable to Casco windows and doors, and no one is authorized to modify or expand this limited warranty. All warranty claims must be made during the applicable warranty period.
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General Conditions and Exclusions. The Limited Warranty set forth in this document is the only express warranty, and this writing is the final, complete and exclusive expression of all express warranties applicable to FAKRO products. Any statement of XXXXX’s agent or any other person that purports to differ from, modify or expand this Limited Warranty shall have be of no effect. All warranty claims must be made during the applicable warranty period.
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General Conditions and Exclusions 
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Related to General Conditions and Exclusions

  • Limitations and Exclusions The limitation and exclusion in this Section 8 shall not apply: (i) to the extent that liability cannot be limited or excluded according to the Applicable Law; (ii) in cases of our willful misconduct and gross negligence; (iii) in cases of bodily injuries or death caused by our negligence; and (iv) in cases of our fraud or fraudulent misrepresentation.

  • Geographic Area and Sector Specific Allowances, Conditions and Exceptions The following allowances and conditions shall apply where relevant. Where the Employer does work which falls under the following headings, the Employer agrees to pay and observe the relevant respective conditions and/or exceptions set out below in each case.

  • General Conditions (i) Each party will make each payment or delivery specified in each Confirmation to be made by it, subject to the other provisions of this Agreement. (ii) Payments under this Agreement will be made on the due date for value on that date in the place of the account specified in the relevant Confirmation or otherwise pursuant to this Agreement, in freely transferable funds and in the manner customary for payments in the required currency. Where settlement is by delivery (that is, other than by payment), such delivery will be made for receipt on the due date in the manner customary for the relevant obligation unless otherwise specified in the relevant Confirmation or elsewhere in this Agreement. (iii) Each obligation of each party under Section 2(a)(i) is subject to (1) the condition precedent that no Event of Default or Potential Event of Default with respect to the other party has occurred and is continuing, (2) the condition precedent that no Early Termination Date in respect of the relevant Transaction has occurred or been effectively designated and (3) each other applicable condition precedent specified in this Agreement.

  • Limitations and exclusions of liability NONE OF THE TMLS AFFILIATES SHALL BE LIABLE TO SUBSCRIBER OR ANYONE ELSE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE TMLS SERVICE, INCLUDING RELIANCE BY SUBSCRIBER ON ANY INFORMATION OBTAINED THROUGH USE OF THE TMLS SERVICE; MISTAKES, OMISSIONS, DELETIONS OR DELAYS IN TRANSMISSION OF SUCH INFORMATION; INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE TMLS SERVICE; AND VIRUSES OR FAILURES OF PERFORMANCE; WHETHER CAUSED IN WHOLE OR PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OF, DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE TMLS SERVICE AND RELATED INFORMATION, RECORDS AND PROGRAMS.

  • General Conditions; Definitions 1.01. The General Conditions (as defined in the Appendix to this Agreement) constitute an integral part of this Agreement. 1.02. Unless the context requires otherwise, the capitalized terms used in this Agreement have the meanings ascribed to them in the General Conditions or in the Appendix to this Agreement.

  • General Condition The Aircraft will: (a) be clean by international airline standards; (b) have installed the full complement of engines and other material equipment, parts and accessories and loose equipment required under the Agreed Maintenance Program and installed in the other Boeing/XxXxxxxxx Xxxxxxx MD-87 aircraft operated by Lessee (together with any additions and improvements thereto, or replacements thereof, effected pursuant to and in accordance with this Agreement) and be in a condition suitable for immediate operation in commercial service; (c) be airworthy, conform to type design and be in a condition for safe operation with all equipment, components and systems operating in accordance with their intended use and within limits established by the manufacturer and approved by the Aviation Authority, and all pilot discrepancies and deferred maintenance items cleared on a terminating action basis; (d) have a U.S. Standard Transport Category Certificate of Airworthiness issued by the FAA in accordance with FAR Part 129 (or if required by the Lessor, be eligible for a valid export certificate of airworthiness with respect to the Aircraft issued by the Aviation Authority) and unconditionally meet all FAA requirements for immediate operations under FAR Part 129; (e) comply with the manufacturer's original specification to the extent that it so complied on the date of this Agreement and subject to any alterations made pursuant to and in accordance with this Agreement after such date; (f) have undergone, immediately prior to redelivery, the MSG-3 equivalent of a "C" Check in accordance with the Agreed Maintenance Program so that all Airframe inspections falling due within the next 3,000 hours, 3,000 cycles or twelve months (whichever is applicable and most limiting) of operation in accordance with the Agreed Maintenance Program have been accomplished; (g) if the Flight Hours of the Airframe remaining until the scheduled completion of the Major Checks (collectively, a "Complete Heavy Work Package") on the Expiry Date are: (i) less than on the Delivery Date, then the Lessee shall pay to the Lessor an amount equal to the product of (a) the number of Flight Hours remaining until the scheduled completion of a Complete Heavy Work Package as of the Expiry Date that are less than the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date (b) multiplied by US$50.00, provided, however, that no payment shall be due from -------- ------- Lessee under this clause (g)(i) if, immediately preceding the redelivery of the Aircraft, the Lessee has performed a Complete Heavy Work Package; (ii) more than on the Delivery Date, then the Lessor shall pay to the Lessee an amount equal to the product of (a) the number of Flight Hours remaining until the scheduled completion of a Complete Heavy Work Package as of the Expiry Date that are more than the number of Flight Hours that were remaining until the scheduled completion of a Complete Heavy Work Package as of the Delivery Date (b) multiplied by US$50.00; For the avoidance of doubt, any amounts due to the Lessor pursuant to this clause (g) may be set off against any amounts due to Lessee pursuant to paragraphs (b) or (d) of Schedule 10 and a payment made for the net amount due; (h) have complied with all airworthiness directives and mandatory orders affecting that model of Aircraft issued by the Aviation Authority (and, if different, the FAA) that are required terminating action during the Term; (i) no special or unique manufacturer inspection or check requirements specific to the Aircraft will exist unless there is no terminating action available from any source; (j) have installed all applicable vendor's and manufacturer's service bulletin kits received free of charge by the Lessee that are appropriate for the Aircraft and, to the extent not installed, those kits which have been received with respect to this Aircraft will be furnished free of charge to the Lessor; (k) be free of any system-related leaks which are outside maintenance manual limitations; (l) all fluid reservoirs (including fuel, oil, oxygen, hydraulic and water) will be full, and the waste tank serviced in accordance with the manufacturer's instructions; (m) if required under the Approved Maintenance Program, all fuel tanks will have recently undergone an anti-fungus/biological growth contamination laboratory evaluation, and any excessive levels of contamination corrected; (n) have an FAA-approved aging aircraft program in operation and up-to-date; and (o) have all signs and decals clean, secure and legible.

  • Limitations and Exceptions Members shall confine limitations or exceptions to exclusive rights to certain special cases which do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the right holder.

  • General Conditions Applicable to Option to Build If the Interconnection Customer assumes responsibility for the design, procurement and construction of the Participating TO's Interconnection Facilities and Stand Alone Network Upgrades, (1) the Interconnection Customer shall engineer, procure equipment, and construct the Participating TO's Interconnection Facilities and Stand Alone Network Upgrades (or portions thereof) using Good Utility Practice and using standards and specifications provided in advance by the Participating TO; (2) The Interconnection Customer’s engineering, procurement and construction of the Participating TO's Interconnection Facilities and Stand Alone Network Upgrades shall comply with all requirements of law to which the Participating TO would be subject in the engineering, procurement or construction of the Participating TO's Interconnection Facilities and Stand Alone Network Upgrades; (3) the Participating TO shall review, and the Interconnection Customer shall obtain the Participating TO’s approval of, the engineering design, equipment acceptance tests, and the construction of the Participating TO's Interconnection Facilities and Stand Alone Network Upgrades, which approval shall not be unreasonably withheld, and the CAISO may, at its option, review the engineering design, equipment acceptance tests, and the construction of the Participating TO's Interconnection Facilities and Stand Alone Network Upgrades; (4) prior to commencement of construction, the Interconnection Customer shall provide to the Participating TO, with a copy to the CAISO for informational purposes, a schedule for construction of the Participating TO's Interconnection Facilities and Stand Alone Network Upgrades, and shall promptly respond to requests for information from the Participating TO; (5) at any time during construction, the Participating TO shall have the right to gain unrestricted access to the Participating TO's Interconnection Facilities and Stand Alone Network Upgrades and to conduct inspections of the same; (6) at any time during construction, should any phase of the engineering, equipment procurement, or construction of the Participating TO's Interconnection Facilities and Stand Alone Network Upgrades not meet the standards and specifications provided by the Participating TO, the Interconnection Customer shall be obligated to remedy deficiencies in that portion of the Participating TO's Interconnection Facilities and Stand Alone Network Upgrades; (7) the Interconnection Customer shall indemnify the CAISO and Participating TO for claims arising from the Interconnection Customer's construction of the Participating TO's Interconnection Facilities and Stand Alone Network Upgrades under the terms and procedures applicable to Article 18.1

  • General Conditions Applicable to Insurance All policies of insurance required by this section shall comply with the following requirements:

  • Certain Limited Exclusions Notwithstanding anything herein or in any other Secured Debt Document to the contrary, in no event shall the Collateral include or the security interest granted under Section 2.1 hereof attach to (a) any lease, license, contract or agreement to which any Grantor is a party, and any of its rights or interest thereunder, if and to the extent that a security interest is prohibited by or in violation of (i) any law, rule or regulation applicable to such Grantor, or (ii) a term, provision or condition of any such lease, license, contract or agreement (unless such law, rule, regulation, term, provision or condition would be rendered ineffective with respect to the creation of the security interest hereunder pursuant to Sections 9-406, 9-407, 9-408 or 9-409 of the UCC (or any successor provision or provisions) of any relevant jurisdiction or any other applicable law (including the Bankruptcy Code) or principles of equity); provided, however, that the Collateral shall include (and such security interest shall attach) immediately at such time as the contractual or legal prohibition shall no longer be applicable and to the extent severable, shall attach immediately to any portion of such lease, license, contract or agreement not subject to the prohibitions specified in (i) or (ii) above; provided, further, that the exclusions referred to in clause (a) of this Section 2.2 shall not include any Proceeds of any such lease, license, contract or agreement; (b) in any of the outstanding voting Equity Interests of a Foreign Subsidiary or a Disregarded Domestic Subsidiary in excess of 65% of the voting power of all classes of Equity Interests of such Foreign Subsidiary or Disregarded Domestic Subsidiary entitled to vote; provided that immediately upon the amendment of the Internal Revenue Code to allow the pledge of a greater percentage of the voting power of Equity Interests in a Foreign Subsidiary or a Disregarded Domestic Subsidiary without adverse tax consequences, the Collateral shall include, and the security interest granted by each Grantor shall attach to, such greater percentage of Equity Interests of each Foreign Subsidiary or Disregarded Domestic Subsidiary, as applicable; (c) any “intent-to-use” application for registration of a Trademark filed pursuant to Section 1(b) of the Xxxxxx Act, 15 U.S.C. § 1051, prior to the filing of a “Statement of Use” pursuant to Section 1(d) of the Xxxxxx Act or an “Amendment to Allege Use” pursuant to Section 1(c) of the Xxxxxx Act with respect thereto, solely to the extent, if any, that, and solely during the period, if any, in which, the grant of a security interest therein would impair the validity or enforceability of any registration that issues from such intent-to-use application under applicable federal law; and (d) Equity Interests in any joint venture or any entity that is not a Subsidiary, other than proceeds thereof, but only to the extent that (x) the creation of a security interest in such Equity Interests is prohibited or restricted by the Organizational Documents of such entity or by any contractual restriction contained in any agreement with third party holders of the other Equity Interests in such entity which holders are not Affiliates of a Grantor (except to the extent any such prohibition or restriction is deemed ineffective under the UCC or other applicable law), in each case, in existence prior to the date hereof and (y) the Grantors used their commercially reasonable efforts, and did not succeed, to remove such prohibition or restriction. Notwithstanding anything set forth in this Agreement to the contrary, the Grantor shall not be required to register, or disclose any information which would result in a Regulatory Exception, provided that Grantor provide notice to Collateral Agent of any such determination along with such additional information as the Collateral Agent may reasonably request to verify to their satisfaction that such information is subject to a Regulatory Exception.

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