Scope of Warranties. Unless otherwise stated herein, the Warranties shall not apply to:
18.8.1 defective conditions or nonconformities to the extent resulting from the following, if not consistent with applicable Specifications: unauthorized Owner modifications, misuse, neglect, accident, abuse, improper wiring, repairing, splicing, alteration, installation, storage or maintenance failure of Owner to apply previously applicable Vendor modifications or corrections;
18.8.2 any Equipment, Services or Software damaged by accident or disaster, including without limitation, fire, flood, wind, water, lightning or power failure other than to the extent that any such Equipment, Services or Software should in accordance with the Specifications be able to withstand any such events; or
18.8.3 non-integral items normally consumed in operation or which has a normal life inherently shorter than the Warranty Periods (e.g., fuses, lamps, magnetic tape); or
18.8.4 damages or defects resulting directly from third party equipment, provided that this shall in no event limit the Vendor's obligations as to interoperability pursuant to the terms of this Contract;
18.8.5 Equipment which have had their serial numbers or months and year of manufacture removed or obliterated by the Owner; or
18.8.6 failures or deficiencies in BTS performance or System optimization resulting solely from changed environmental conditions or unauthorized changes to the System by Owner, or changes not consented to by Owner including but not limited to the growth of trees and other foliage, the erection of buildings, and interference from third party radio transmissions not otherwise engineered for by the Vendor;
Scope of Warranties. Unless otherwise stated herein, the Vendor's warranties under this Section 17 will not apply to:
17.7.1 damage or defects resulting from the negligence, gross negligence or willful misconduct of the Owner, or any of its employees, agents or contractors;
17.7.2 any Equipment or Software damaged by accident or disaster, including without limitation, fire, flood, wind, water, lightning or power failure other than to the extent that any such Equipment or Software should in accordance with the Specifications and/or the Vendor's representations be able to withstand any such events; or
17.7.3 non-integral items (other than any Non-Essential Equipment otherwise covered by subsection 17.1) normally consumed in operation or which has a normal life inherently shorter than the Warranty Periods (e.g., fuses, lamps, magnetic tape); or
17.7.4 damages or defects resulting directly from Other Vendor's equipment provided that this will in no event limit the Vendor's obligations as to Interoperability pursuant to the terms of this Contract;
17.7.5 Products which have had their serial numbers or months and year of manufacture removed or obliterated by the Owner;
17.7.6 failures or deficiencies in BTS performance resulting solely from changed environmental conditions, including, but not limited to, the growth of trees and other foliage, the erection of buildings, and interference from third party radio transmissions not otherwise engineered for by the Vendor; or
17.7.7 Owner modifications to (i) SCP/HLR Software (including the Platform Software in SCP/HLR Hardware) done pursuant to subsection 12.5, (ii) Owner modifications to AS Software and/or Actiview Software done pursuant to subsection 12.6 or (iii) Owner modifications to OTAF Software done pursuant to subsection 12.7. except when any such damage or defects are made, done or caused by the Vendor or any of its Subcontractors.
Scope of Warranties. (a) The Purchaser acknowledges and agrees that the Sealed Air Parties do not give any representation or warranty in respect of IP except for the Warranties in section 4.13 and each of the other Warranties shall be deemed not to be given in respect of IP.
(b) Any matter which would be or give rise to a breach of any of the Non-Financial Statements Warranties but for an express exclusion from, or qualification or limitation to, the terms of such Non-Financial Statements Warranty (whether such exclusion, qualification or limitation is in respect of the awareness of the Sealed Air Parties, materiality, or any other matter) shall be deemed not to be, or give rise to, a breach of any of the Financial Statements Warranties. For this purpose, the “Financial Statements Warranties” are the Warranties set out in section 4.10 and the “Non-Financial Statements Warranties” are all the Warranties other than the Financial Statements Warranties.
Scope of Warranties. The Warranties extend only to defects in materials or workmanship as stated in this Limited Warranty Agreement and do not extend to any Products which:
a. have been lost or discarded by Buyer;
b. have been damaged as a result of misuse, improper installation, faulty or inadequate maintenance or failure to follow instructions furnished by Montana Instruments;
c. have been subjected to improper or unauthorized repair and/or modification; or
d. have been damaged due to fire, flood, radiation, or other "acts of God" or other contingencies beyond the control of Montana Instruments
Scope of Warranties. Each of the Warranties is:
(a) qualified only by reference to those matters disclosed in this Agreement; and
(b) separate and independent and, unless expressly provided to the contrary, is not limited by any other provision of the Warranties or ancillary documents.
Scope of Warranties. 9.3.1 Each Warranty in respect of 'the Company' shall be deemed to be a Warranty given in respect of the Company and each other Group Company and, unless the context otherwise requires, the expression the Company in this Clause 9 and in Schedule 5 shall be construed accordingly.
9.3.2 Each of the Warranties is a separate and independent Warranty and, except where expressly stated, no Warranty or other Clause in this Agreement restricts or limits the extent or application of any other Warranty or any other Clause.
9.3.3 The Warranties shall remain in full force and effect notwithstanding First or Second Completion.
Scope of Warranties. The Warranties extend only to defects in materials or workmanship as stated in this Limited Warranty Agreement and do not extend to any Products which:
a. have been lost or discarded by Buyer;
b. have been damaged as a result of misuse, improper installation, faulty or inadequate maintenance or failure to follow instructions furnished by MI;
c. have been subjected to improper or unauthorized repair and/or modification; or
d. have been damaged due to fire, flood, radiation, or other "acts of God" or other contingencies beyond the control of MI/
Scope of Warranties. Alphacruncher warrants that: (i) each Service shall operate in substantial conformity with the applicable Documentation and (ii) Scientific Services and Deliverables shall be provided in a professional and workmanlike manner and substantially in accordance with the specifications in the applicable Statement of Work. This warranty shall not apply if the error or non-conformance was caused by misuse of the Service or Deliverables, modifications to the Service or Deliverables by the Customer or any third-Party, or third-Party hardware, software, or services used in connection with the Service.
Scope of Warranties. Any warranty given under this Warranty Program is limited to the replacement of the failed product (including the costs for shipment of the replacement product(s) to the Treatment Provider). In particular, SDC does not compensate the Treatment Provider or the patient for any additional components, tools, treatment costs, or other costs and expenses arising out of or in connection with the replacement of the failed product. In case one of the products that is to be replaced under the warranties set out herein is no longer commercially available, an alternative solution may be chosen.
Scope of Warranties. (a) The only Warranties given by the Seller in respect of environmental and planning matters are those contained in paragraphs 6, 15, 19.2 and 25 of schedule 4 and the Seller will not be liable to the Buyer in respect of or in connection with environmental or planning matters under any other Warranty.
(b) The only Warranties given by the Seller in respect of Tax and Duties are those contained in paragraphs 6, 23 and 25 of schedule 4 and the Seller will not be liable to the Buyer in respect of or in connection with matters relating to Tax or Duties under any other Warranty.
