Warranty Limitations and Exclusions. The limited warranties with respect to Systems, Parts & Components, Media & Software, (collectively, “Product” or “Products”) are subject to the following exclusions and limitations:
Warranty Limitations and Exclusions. 1) Exclusions The following situations are not covered by the warranty:
Warranty Limitations and Exclusions. The obligation of StandardAero under this Warranty is limited to the repair or replacement of the parts which failed due to defects in StandardAero’s workmanship. In the event that life limited parts covered by this Warranty are damaged beyond repair, StandardAero shall only be obligated for the value of the remaining life of such parts.
Warranty Limitations and Exclusions. Xxxxxx+Gyr’s warranty obligations with respect to the Equipment and Software comprising the System do not apply to the extent a failure or warranty non-conformity is caused by: Customer’s or a third party’s infrastructure or data; Customer’s or a third party’s misuse of the equipment or software comprising the System; installation by Customer or a third party not in compliance with training or manuals provided by Xxxxxx+Gyr; operation, maintenance or use by Customer or third parties not in compliance with applicable training, manuals or specifications provided by Xxxxxx+Gyr; Customer’s or a third party’s neglect, modification, accident, vandalism or other intentional damage; exposure to adverse conditions exceeding performance levels required by applicable specifications; or any other limitation or exclusion described herein; data provided by Customer.
Warranty Limitations and Exclusions. 10.2.1 ALL CLAIMS ARISING UNDER THE WARRANTY MUST BE FILED BY NEXUS NO LATER THAN NINETY (90) CALENDAR DAYS AFTER THE EXPIRATION OF THE WARRANTY PERIOD (AS DEFINED IN SECTION 10.1) FOR THE PRODUCT.
Warranty Limitations and Exclusions. EXCEPT AS HEREIN EXPRESSLY STATED, THERE ARE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, FOR ANY BATTERY IDENTIFIED IN THIS LIMITED WARRANTY. DISCOVER DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL OTHER WARRANTIES AND/OR GUARANTEES, EXPRESS OR IMPLIED, AND, AS SUCH, THE SAME SHALL NOT APPLY TO THE BATTERIES. IN NO EVENT SHALL DISCOVER BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER FOR ANY REASON (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, LOST EQUIPMENT OR LOST REVENUES) REGARDLESS OF THE LEGAL THEORY ON WHICH ANY SUCH CLAIM MAY BE MADE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. This warranty does not cover defects that are caused by normal wear and tear, inadequate maintenance, insufficient ventilation, transportation, storage or faulty repair, misuse, neglect, accident or abuse, modification to the Battery by a third party other than Discover or Discover’s approved agents, failure to observe the English language version of the maintenance or operating instructions provided by Discover, or improper installation. This warranty does not cover defects caused by external influences while in the User’s possession, including unusual physical or electrical stress such as power surges, lightning, flood, fire, accidents, or mishandling. This warranty does not cover any damage that may occur as a result of connecting, incorporating, or installing a Battery into goods, products or equipment, or that result from being used together with or as any part thereof. This warranty does not cover consumable components including but not limited to fuses. For further clarity, this warranty is void if the Battery:
Warranty Limitations and Exclusions. EXCEPT AS OTHERWISE PROVIDED HEREIN, THE PRODUCTS ARE PROVIDED “AS IS.” FRESHLY DOES NOT MAKE, AND HEREBY SPECIFICALLY EXCLUDES AND DISCLAIMS, ALL WARRANTIES NOT EXPLICITLY STATED, WHETHER EXPRESS, IMPLIED, OR ARISING BY TRADE USAGE OR COURSE OF DEALING, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND IMPLIED INDEMNITIES. WITHOUT LIMITING THE FOREGOING, EXCEPT AS EXPRESSLY SET FORTH ABOVE, NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES CONCERNING QUALITY, PERFORMANCE OR ACCURACY OF THE SERVICES OR THE PROMOTION, THAT THE SERVICES OR THE PROMOTION WILL SATISFY GOBRANDS’ OR THE CUSTOMERS’ REQUIREMENTS OR NEEDS, AND DOES NOT ASSUME, AND EXPRESSLY DISCLAIMS, ANY LIABILITY TO ANY PERSON OR ENTITY FOR LOSS OR DAMAGE CAUSED BY ERRORS OR OMISSIONS IN THE SERVICES OR THE PROMOTION. EXCEPT AS OTHERWISE PROVIDED HEREIN, UNDER NO CIRCUMSTANCES WILL FRESHLY, GOBRANDSOR THEIR RESPECTIVE PERSONNEL, AFFILIATES OR REPRESENTATIVES BE LIABLE FOR ANY SPECIFIC PERFORMANCE OR FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL LOSS, EXPENSE OR DAMAGES OF ANY KIND OR NATURE, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES OR THE PROMOTION, ANY AGREEMENT OR THIS AGREEMENT, WHETHER FOR LOST GOODWILL OR PROFITS, LOSS OF BUSINESS RELATIONSHIPS, LOSS OF DATA, WORK STOPPAGE OR IMPAIRMENT OF OTHER GOODS AND WHETHER BASED ON CONTRACT, TORT, OR OTHER THEORY OF LIABILITY, EVEN IF FRESHLY OR GOBRANDS KNOWS OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGE, AND WHETHER OR NOT ANY EXCLUSIVE REMEDY FAILS OF ITS ESSENTIAL PURPOSE. REASONABLE CARE MUST BE USED TO AVOID HAZARDS. SELLER EXPRESSLY DISCLAIMS RESPONSIBILITY FOR LOSS OR DAMAGE CAUSED BY USE OF ITS PRODUCTS OTHER THAN IN ACCORDANCE WITH PROPER OPERATING PROCEDURES. Statements made by any person, including representative of Seller, which are inconsistent or in conflict with the terms of these warranties shall not be binding upon Seller unless reduced to writing and approved by an officer of Seller.
Warranty Limitations and Exclusions. Our Warranty obligations do not apply to the extentcaused by:
Warranty Limitations and Exclusions. Our warranty does not apply to, and we have no obligation to repair or replace, defects in Hardware resulting from (a) misuse, accidental damage, or neglect; (b) alterations, adjustments or repairs not made by us or our authorized representatives (including modifications or replacement of any software components on any boards supplied with or embedded in the Hardware); (c) use other than the normal and intended use in accordance with our applicable user guide for the Hardware; (d) unusual physical or electrical stress or Acts of God; (e) your failure to provide and maintain a suitable installation environment; or (f) failure due to improper cabling, telephone line, computer equipment or network problems in or to your facility where the Hardware is used. Our warranty also does not cover any Hardware with an altered, defaced or removed serial number.
Warranty Limitations and Exclusions. RWC’s liability to the property owner pursuant to this warranty shall be limited to RWC’s labor and material costs to remedy any claimed defect it determines to in fact exist. This warranty is limited only to those materials supplied and installed by RWC, and specifically excludes:
