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;
Appears in 2 contracts
Samples: Memorandum of Agreement (Leap Wireless International Inc), Memorandum of Agreement (Leap Wireless International Inc)
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 including, but not limited to 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;; except when any such damage or defects are made, done or caused by the Vendor or any of its Subcontractors, their respective agents and employees.
Appears in 1 contract
Samples: System Equipment Purchase Agreement (Leap Wireless International Inc)
Scope of Warranties. Unless otherwise stated herein, the Warranties shall not apply to:
18.8.1 18.7.1 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 storage, maintenance or maintenance failure of Owner to apply previously applicable Vendor modifications or corrections;
18.8.2 18.7.2 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 18.7.3 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 18.7.4 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 18.7.5 Equipment which have had their serial numbers or months and year of manufacture removed or obliterated by the Owner; or
18.8.6 18.7.6 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 including, but not limited to 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;; except when any such damage or defects are made, done or caused by Vendor or any of its Subcontractors, their respective agents and employees.
Appears in 1 contract
Samples: System Equipment Purchase Agreement (Leap Wireless International Inc)
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 including, but not limited to 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;; except when any such damage or defects are made, done or caused by the Vendor or any of its Subcontractors, their respective agents and employees.
Appears in 1 contract
Samples: System Equipment Purchase Agreement (Leap Wireless International Inc)
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 storage, maintenance 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 including, but not limited to 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;; except when any such damage or defects are made, done or caused by Vendor or any of its Subcontractors, their respective agents and employees.
Appears in 1 contract
Samples: System Equipment Purchase Agreement (Leap Wireless International Inc)
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;; or
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;; or
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;; except when any such damage or defects are made, done or caused by the Vendor or any of its Subcontractors, their respective agents and employees.
Appears in 1 contract
Samples: System Equipment Purchase Agreement (Leap Wireless International Inc)