Maintenance Not Covered Clause Samples
The "Maintenance Not Covered" clause defines which maintenance services or repairs are excluded from the obligations of the service provider or seller. Typically, this clause lists specific items, types of damage, or circumstances—such as user-caused damage, normal wear and tear, or acts of nature—that are not included under a maintenance agreement or warranty. By clearly outlining these exclusions, the clause helps prevent disputes by setting expectations for both parties regarding what is and is not the responsibility of the provider, thereby ensuring clarity and reducing the risk of misunderstandings.
Maintenance Not Covered. The USER shall have no obligation for maintenance to remedy damage directly resulting from acts of God or war or for routine removal of snow or ice.
Maintenance Not Covered. The User shall have no obligation for maintenance to remedy damage directly resulting from acts of God or war or for the routine removal of snow or ice. Performance of Excess Maintenance and Restoration
Maintenance Not Covered. (1) The Company shall only be obligated to perform Excess Maintenance on Bonded Roadways due to the use of the Bonded Roadways by the Company’s Over-Posted-Weight-Vehicles. Such Excess Maintenance shall not include any existing damage to the applicable roadways reflected in a memorandum of the on- site inspection unless Preliminary Excess Maintenance is required as defined in this Agreement, damage caused by the Township, or any damage caused by vehicles other than the Company’s. In addition, in no event shall the Company be obligated to perform Normal Maintenance, to perform maintenance to remedy damage directly resulting from Force Majeure, to remove snow or ice or to perform any maintenance, repair or replacement arising from damage caused by another user of the applicable roadway.
Maintenance Not Covered. This Agreement does not cover maintenance services required to repair damages, malfunctions, or service failures caused by:
(a) Customer's failure to follow manufacturer relevant installation, operation or maintenance instructions;
(b) Failure of a host computer, or other equipment or software not maintained under this Agreement;
(c) Customer's abuse, misuse.
(d) Power failure or surges, lightning, fire, flood, pest damage, accident, actions of third parties and other events outside Lucent's reasonable control or not arising under normal operating conditions; and
(e) Maintenance repair performed by a party not authorized by Lucent.