Common use of Scope of Warranties Clause in Contracts

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. 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;; or 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.