Warranty Exclusions Clause Samples
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Warranty Exclusions. The Limited Warranty in clauses 1.2 and 1.3 does not apply:
a) if the Product was not purchased and installed in Australia;
b) if You do not grant BYD or BYD Partner access to the performance data of the Product over the Internet upon request after reporting the warranty claim and/or manipulate such data;
c) to wear and tear in the appearance of the Product (including but not limited to any scratches, stains, mechanical wear, rust or mould) which does not impair its function;
d) to any damage to property or personal injury arising from any defect if the state of scientific and technical knowledge at the time when the Product is sold to Original Buyer was not such as to enable the defect to be discovered;
e) if the invoice for the Product and the information listed in clause 4 below is not provided with the warranty claim; or
f) if the serial number on the Product can no longer be identified or has been modified.
Warranty Exclusions. The warranty specified in section 1.9.2 (Product Compliance with Documentation) does not cover any Product provided on an unpaid evaluation or trial basis, or defects to the Product due to accident, abuse, service, alteration, modification or improper installation or configuration by you, your Affiliates, your or their personnel or any third party not engaged by us.
Warranty Exclusions. EXCEPT AS SPECIFICALLY AND EXPRESSLY PROVIDED HEREIN, COURT, COURT’S LICENSORS, AND DCA MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR ARE ANY WARRANTIES TO BE IMPLIED, WITH RESPECT TO THE INFORMATION, SERVICES OR COMPUTER PROGRAMS MADE AVAILABLE UNDER THIS AGREEMENT.
Warranty Exclusions. The warranties set forth in this Section shall not apply to any non-conformance (i) that Provider cannot recreate after exercising commercially reasonable efforts to attempt to do so; (ii) caused by misuse of the applicable Product or by using the Product in a manner that is inconsistent with this Agreement or the Documentation; or (iii) arising from the modification of the Product by anyone other than Provider.
Warranty Exclusions. Licensor will have no liability or obligation with respect to any warranty to the extent attributable to any: (a) use of the Software by Buyer in violation of this Agreement or applicable Law; (b) unauthorized modifications to the Licensed Materials made by Buyer or its Personnel; (c) use of the Software in combination with third-party equipment or software not provided or made accessible by Licensor or contemplated by the Standard Contract Listing or Documentation; or (d) use by Buyer of Software in conflict with the Documentation, to the extent that such nonconformity would not have occurred absent such use or modification by Buyer.
Warranty Exclusions. The warranties do not apply to any breach caused by: (a) any change to the Software, except where the changes were made by OT through Support Software; (b) Licensee's failure to provide a suitable installation or operating environment for the Software; (c) use of the Software on or caused by software, firmware, computer systems, data, technology or a hardware platform not approved by OT in writing; (d) any telecommunications medium used by Licensee; (e) failure of Licensee or user to comply with the Documentation; or (f) failure of Licensee to report a warranty claim within the warranty period. OT does not warrant that the Software is error-free or will operate without interruption.
Warranty Exclusions. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, COVERED PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES WHATSOEVER. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COVERED PARTIES SHALL CREATE A WARRANTY. THE UIPATH MARKETPLACE IS PROVIDED FOR USE AT CUSTOMER’S OWN RISK AND “AS IS,” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, COVERED PARTIES HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING BY STATUTE OR OTHERWISE IN LAW, EQUITY, OR FROM A COURSE OF DEALING OR USAGE OF TRADE. COVERED PARTIES SPECIFICALLY DO NOT WARRANT THAT UIPATH MARKETPLACE WILL OPERATE IN ALL THE COMBINATIONS WHICH MAY BE SELECTED FOR USE BY YOU; THAT THE OPERATION OR OUTPUT OF THE UIPATH MARKETPLACE WILL BE ERROR-FREE, ACCURATE, RELIABLE, COMPLETE OR UNINTERRUPTED; THAT ANY OR ALL ERRORS OR DEFECTS IN THE UIPATH MARKETPLACE WILL BE CORRECTED; OR THAT ANY UIPATH ASSET (INCLUDING, WITHOUT LIMITATION, THE UIPATH MARKETPLACE) IS APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION. CUSTOMER USES THE UIPATH ASSETS AT ITS OWN RISK. UIPATH HAS THE RIGHT, IN ITS SOLE DISCRETION, TO MAKE CHANGES TO, SUSPEND OR DISCONTINUE ANY UIPATH ASSETS (OR ANY PORTION THEREOF) AT ANY TIME. CUSTOMER FURTHER ACKNOWLEDGES THAT UIPATH SHALL HAVE NO OBLIGATION WHATSOEVER TO RELEASE OR OTHERWISE MAKE GENERALLY AVAILABLE, ANY UIPATH ASSETS.
Warranty Exclusions. Except as expressly stated in the applicable warranty set forth in this Agreement, RSA (including its suppliers) provides Hardware and Software “AS IS” and makes no other express or implied warranties, written or oral, and ALL OTHER WARRANTIES AND CONDITIONS (SAVE FOR THE WARRANTIES AND CONDITIONS IMPLIED BY SECTION 12 OF THE SALE OF GOODS ACT 1979) ARE SPECIFICALLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND ANY WARRANTY ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING OR PERFORMANCE, OR USAGE OF TRADE.
2. Section 8 (LIMITATION OF LIABILITY). This Section is deleted in its entirety and replaced with:
Warranty Exclusions. 13.5.1 There may be instance where the MOONBIKES MOTORS Limited Warranty shall not apply or where MOONBIKES MOTORS may decline coverage:
(i) to consumable parts, that are designed to diminish over time, or cosmetic damages (normal wear and tear or otherwise due to the normal aging of the Product), including but not limited to scratches and dents unless failure has occurred due to a defect in materials or workmanship; excluded parts are: brakes (discs and pads), track, shock absorbers, slides, sprocket, carbide, ski and any other part that can be considered consumable.
(ii) to Product damage caused by a negligent Product use, abuse, misuse (misuse shall mean any use not respecting the Documentation), fire, accident or other external cause;
(iii) to Product when the Limited Warranty has been exercised by Customer after the fourteen (14) Business Day mandatory notice period, from the date an incident, failure, error or malfunction occurs, time being of the essence;
(iv) to Product damage caused by a relocation or transportation or Product that have been resold to a third party;
(v) to Product that have not been paid entirely for and/or to Product whose Customer is in breach of any of the terms and conditions of this Agreement, including but not limited to a default of payment as defined herein or in a Purchase Order;
(vi) to Product whose repair or maintenance has not followed the technical recommendations provided by MOONBIKES MOTORS or has received an intervention not authorized by MOONBIKES MOTORS on all or part of the electrical power system.
(vii) to Product whose usage is not in accordance and in strict compliance with instructions and Documentation;
(viii) to a Battery whose handling, charging and storage conditions have not followed the technical recommendations provided by MOONBIKES MOTORS.
13.5.2 For any reason whatsoever and as the case may be, if after due examination of an alleged defective Product, MOONBIKES MOTORS concludes that the so-called issue, damage or malfunction results from one or more of the Warranty Exclusions, as listed above, then at its sole reasonable discretion, MOONBIKES MOTORS, may decide to charge Customer for the actual reasonable costs of the technical intervention including but not limited to transportation cost.
Warranty Exclusions. The warranties in Sections 7.2 and 7.4 will not apply if:
a) the Cloud Service is not used in accordance with the Agreement or Documentation;
b) any non-conformity is caused by Customer, or by any product or service not provided by SAP; or
c) the Cloud Service was provided for no fee.