Common use of WHAT IS NOT COVERED Clause in Contracts

WHAT IS NOT COVERED. A. PRODUCTS NOT ORIGINALLY COVERED BY A MANUFACTURER’S WARRANTY; B. ITEMS THAT ARE STILL COVERED BY THE MANUFACTURER’S WARRANTY, REGARDLESS OF WHETHER THE K. INCIDENTAL, CONSEQUENTIAL OR SECONDARY DAMAGES OR DELAY IN RENDERING SERVICE UNDER THIS AGREEMENT, OR LOSS OF USE DURING THE PERIOD THAT THE COVERED PRODUCT IS AT THE SERVICING DEALER FOR MANUFACTURER HONORS SUCH WARRANTY; REPAIR SERVICE OR OTHERWISE AWAITING PARTS; C. PERIODIC CHECKUPS AND/OR PREVENTATIVE MAINTENANCE AS DIRECTED BY THE MANUFACTURER; L. ANY PRODUCT CURRENTLY OR PREVIOUSLY USED IN A COMMERCIAL SETTING OR RENTAL BASIS; D. INHERENT PRODUCT DEFECTS THAT ARE THE M. FAILURES THAT OCCUR OUTSIDE OF THE 50 STATES OF THE RESPONSIBILITY OF THE MANUFACTURER OR PARTS FAILURE DUE TO A MANUFACTURER’S RECALL; UNITED STATES OF AMERICA AND THE DISTRICT OF COLUMBIA; E. ANY AND ALL PRE-EXISTING CONDITIONS THAT OCCUR N. NONFUNCTIONAL OR AESTHETIC PARTS INCLUDING BUT F. PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT; ANY COSTS TO REPAIR ANY PRODUCT SOLD “AS-IS” NOT LIMITED TO PLASTIC PARTS, KNOBS, ROLLERS, BASKETS, SCRATCHES, PEELING AND DENTS; INCLUDING BUT NOT LIMITED TO FLOOR MODELS, O. UNAUTHORIZED REPAIRS AND/OR PARTS; G. DEMONSTRATION MODELS, ETC; PARTS OR REPAIRS DUE TO NORMAL WEAR AND TEAR AND P. COST OF INSTALLATION, SET-UP, DIAGNOSTIC CHARGES, REMOVAL OR REINSTALLATION OF THE COVERED ITEMS NORMALLY DESIGNED TO BE PERIODICALLY PRODUCT, EXCEPT AS PROVIDED HEREIN; REPLACED BY THE PURCHASER DURING THE COVERED PRODUCT’S LIFE, INCLUDING BUT NOT LIMITED TO Q. ACCESSORIES USED IN CONJUNCTION WITH A COVERED PRODUCT; BATTERIES, BEARINGS, LIGHT BULBS, FILTERS, FLUIDS, R. ANY LOSS OTHER THAN A COVERED BREAKDOWN OF THE BLADES, BELTS, HOSES, SPARK PLUGS, SEATS, CV BOOTS, ETC.; S. COVERED PRODUCT; SERVICE WHERE NO PROBLEM CAN BE FOUND; H. DAMAGE FROM ACCIDENT, ABUSE, MISUSE, MISHANDLING, T. BREAKDOWNS WHICH ARE NOT REPORTED WITHIN THE INTRODUCTION OF FOREIGN OBJECTS INTO THE COVERED PRODUCT, UNAUTHORIZED MODIFICATIONS OR U. TERM OF THIS AGREEMENT. BATTERY LEAKAGE; ALTERATIONS TO A COVERED PRODUCT, FAILURE TO V. FAILURE AS A RESULT FROM RUST OR CORROSION ON ANY I. FOLLOW THE MANUFACTURER’S INSTRUCTIONS; EXTERNAL CAUSES INCLUDING THIRD PARTY ACTIONS, W. COVERED PRODUCT OR PART; FEES OR CHARGES RELATED TO DISPOSAL OF FIRE, THEFT, INSECTS, ANIMALS, EXPOSURE TO WEATHER ENVIRONMENTALLY UNSAFE MATERIALS, INCLUDING BUT CONDITIONS, LIGHTNING, POWER SURGE, WINDSTORM, SAND, DIRT, HAIL, EARTHQUAKE, FLOOD, WATER, ACTS OF NOT LIMITED TO, REFRIGERANT RECOVERY AND / OR REPLACEMENT, DISPOSAL OF CONTAMINATED GOD OR CONSEQUENTIAL LOSS OF ANY NATURE; REFRIGERANTS AND / OR OILS, AND RELATED MATERIALS J. LOSS OR DAMAGE CAUSED BY WAR, INVASION OR ACT OF FOREIGN ENEMY, HOSTILITIES, CIVIL WAR, REBELLION, X. AND ENVIRONMENTAL FEES; DAMAGE TO MOWING DECKS CAUSED BY SAND ABRASION RIOT, STRIKE, LABOR DISTURBANCE, LOCKOUT, OR CIVIL OR VIBRATION RELATED TO AN UNBALANCED BLADE; AND COMMOTION; Y. MODIFICATIONS TO MEET CHANGES IN FEDERAL, STATE, OR LOCAL CODES AND REGULATIONS.

Appears in 2 contracts

Samples: Mechanical Repair Plan, Mechanical Repair Plan

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WHAT IS NOT COVERED. A. PRODUCTS NOT ORIGINALLY COVERED BY A MANUFACTURER’S WARRANTY; B. ITEMS THAT ARE STILL COVERED BY This warranty does not cover damages to or failure of the System(s), from abuse, misuse, negligence, unauthorized tampering, accident, fire, theft, or unexplained loss, LIGHTNING, storms, or other acts of God, or causes other than normal wear and tear. All IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE MANUFACTURER’S WARRANTY, REGARDLESS OF WHETHER THE K. INCIDENTAL, CONSEQUENTIAL OR SECONDARY DAMAGES OR DELAY IN RENDERING SERVICE UNDER THIS AGREEMENTMERCHANTABILITY, OR LOSS OF USE DURING THE PERIOD THAT THE COVERED PRODUCT IS AT THE SERVICING DEALER FITNESS FOR MANUFACTURER HONORS SUCH WARRANTY; REPAIR SERVICE OR OTHERWISE AWAITING PARTS; C. PERIODIC CHECKUPS AND/OR PREVENTATIVE MAINTENANCE AS DIRECTED BY THE MANUFACTURER; L. ANY PRODUCT CURRENTLY OR PREVIOUSLY USED PARTICULAR PURPOSE ARE LIMITED IN A COMMERCIAL SETTING OR RENTAL BASIS; D. INHERENT PRODUCT DEFECTS THAT ARE THE M. FAILURES THAT OCCUR OUTSIDE OF THE 50 STATES OF THE RESPONSIBILITY OF THE MANUFACTURER OR PARTS FAILURE DUE TO A MANUFACTURER’S RECALL; UNITED STATES OF AMERICA AND THE DISTRICT OF COLUMBIA; E. ANY AND ALL PRE-EXISTING CONDITIONS THAT OCCUR N. NONFUNCTIONAL OR AESTHETIC PARTS INCLUDING BUT F. PRIOR DURATION TO THE EFFECTIVE DATE OF THIS AGREEMENT; ANY COSTS TO REPAIR ANY PRODUCT SOLD “AS-IS” NOT LIMITED TO PLASTIC PARTS, KNOBS, ROLLERS, BASKETS, SCRATCHES, PEELING AND DENTS; INCLUDING BUT NOT LIMITED TO FLOOR MODELS, O. UNAUTHORIZED REPAIRS AND/OR PARTS; G. DEMONSTRATION MODELS, ETC; PARTS OR REPAIRS DUE TO NORMAL WEAR AND TEAR AND P. COST OF INSTALLATION, SET-UP, DIAGNOSTIC CHARGES, REMOVAL OR REINSTALLATION OF THE COVERED ITEMS NORMALLY DESIGNED TO BE PERIODICALLY PRODUCT, EXCEPT AS PROVIDED HEREIN; REPLACED BY THE PURCHASER DURING THE COVERED PRODUCT’S LIFE, INCLUDING BUT NOT LIMITED TO Q. ACCESSORIES USED IN CONJUNCTION WITH A COVERED PRODUCT; BATTERIES, BEARINGS, LIGHT BULBS, FILTERS, FLUIDS, R. ANY LOSS OTHER THAN A COVERED BREAKDOWN OF THE BLADES, BELTS, HOSES, SPARK PLUGS, SEATS, CV BOOTS, ETC.; S. COVERED PRODUCT; SERVICE WHERE NO PROBLEM CAN BE FOUND; H. DAMAGE FROM ACCIDENT, ABUSE, MISUSE, MISHANDLING, T. BREAKDOWNS WHICH ARE NOT REPORTED WITHIN THE INTRODUCTION OF FOREIGN OBJECTS INTO THE COVERED PRODUCT, UNAUTHORIZED MODIFICATIONS OR U. TERM OF THIS AGREEMENTEXPRESS WARRANTY. BATTERY LEAKAGE; ALTERATIONS REPAIR OF THE SYSTEM IS COMPANY'S ONLY DUTY. COMPANY DOES NOT AND CANNOT REPRESENT OR GUARANTEE THAT THE EQUIPMENT IS FREE FROM DEFECTS OR THAT THE EQUIPMENT OR SERVICE MAY NOT BE DISABLED, IN NEED OF REPAIR, COMPROMISED OR CIRCUMVENTED. IN NO EVENT SHALL COMPANY BE LIABLE TO A COVERED PRODUCTTHE CLIENT FOR ANY DIRECT, FAILURE TO V. FAILURE AS A RESULT FROM RUST OR CORROSION ON ANY I. FOLLOW THE MANUFACTURER’S INSTRUCTIONS; EXTERNAL CAUSES INCLUDING THIRD PARTY ACTIONS, W. COVERED PRODUCT OR PART; FEES OR CHARGES RELATED TO DISPOSAL OF FIRE, THEFT, INSECTS, ANIMALS, EXPOSURE TO WEATHER ENVIRONMENTALLY UNSAFE MATERIALS, INCLUDING BUT CONDITIONS, LIGHTNING, POWER SURGE, WINDSTORM, SAND, DIRT, HAIL, EARTHQUAKE, FLOOD, WATER, ACTS OF NOT LIMITED TO, REFRIGERANT RECOVERY AND / OR REPLACEMENT, DISPOSAL OF CONTAMINATED GOD COLLATERAL OR CONSEQUENTIAL LOSS DAMAGE IN CONNECTION WITH THE CLIENTS USE OF THE EQUIPMENT, OR ANY NATURE; REFRIGERANTS OTHER CAUSE WHATSOEVER RELATING TO THE EQUIPMENT. RELYING ON HIS OR HER OWN JUDGEMENT OR KNOWLEDGE, THE CLIENT HAS CHOSEN A SECURITY SYSTEM AND / OR OILSTHE CLIENT ACKNOWLEDGES THAT THE SYSTEM CHOSEN DOES NOT PROVIDE COMPLETE PROTECTION OF SAID PREMISES, THAT MORE ELABORATE SYSTEMS ARE AVAILABLE, AND RELATED MATERIALS J. LOSS THAT CLIENT HAS CHOSEN THIS SYSTEM WITH FULL UNDERSTANDING OF ITS LIMITATIONS. D. STATE LAW: SOME STATES DO NOT ALLOW THE EXCLUSION OR DAMAGE CAUSED BY WAR, INVASION THE LIMITATION OF CONSEQUENTIAL OR ACT OF FOREIGN ENEMY, HOSTILITIES, CIVIL WAR, REBELLION, X. AND ENVIRONMENTAL FEES; DAMAGE TO MOWING DECKS CAUSED BY SAND ABRASION RIOT, STRIKE, LABOR DISTURBANCE, LOCKOUTINCIDENTAL DAMAGES, OR CIVIL A LIMITATION ON THE DURATION OF IMPLIED WARRANTIES SO THE ABOVE LIMITATIONS OR VIBRATION RELATED EXCLUSIONS MAY NOT APPLY TO CLIENT. THE WARRANTY GIVES CLIENT SPECIFIC LEGAL RIGHTS AND CLIENT MAY ALSO HAVE OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE. 5. COMPANY IS NOT AN UNBALANCED BLADE; AND COMMOTION; Y. MODIFICATIONS TO MEET CHANGES IN FEDERALINSURER. It is understood by and between the parties hereto that COMPANY is not an insurer nor is this Agreement intended to be an insurance policy or a substitute for an insurance policy. Insurance, STATEif any, OR LOCAL CODES AND REGULATIONSwill be obtained by the CLIENT. Charges herein are based solely on the value of the services and the scope of liability as herein set forth and are unrelated to the value of the CLIENT'S property or the property of others on the CLIENT'S premises. According to the options selected by the CLIENT, COMPANY is being paid to install and/or monitor and/or service a Security System designed to reduce certain risks of loss or damage to property, or injury or death to persons, and the amount being charged for this installation and/or monitoring and/or servicing is not sufficient to guarantee that no such loss or damage to property, or injury or death to persons will occur. The CLIENT agrees that COMPANY shall not be liable for loss or damage to property, or injury or death to persons, due directly or indirectly to any occurrence and consequences therefrom which the Security System was designed to reduce or avert.

Appears in 1 contract

Samples: Sales Contracts

WHAT IS NOT COVERED. A. PRODUCTS NOT ORIGINALLY A.) ANY LOSS OTHER THAN A COVERED BREAKDOWN, STAIN OR DAMAGE OF THE COVERED PRODUCT; B.) ANY DAMAGE CAUSED BY A MANUFACTURER’S WARRANTYTHE CONSUMER DURING THE ASSEMBLY OF READY TO ASSEMBLE (RTA) ITEMS; B. ITEMS C.) PRODUCT REPAIRS THAT ARE STILL COVERED BY THE MANUFACTURER’S WARRANTYWARRANTY OR AS A RESULT OF A RECALL, REGARDLESS OF WHETHER THE K. MANUFACTURER’S ABILITY TO COVER SUCH REPAIRS; D.) ANY AND ALL PRE-EXISTING CONDITIONS THAT OCCUR PRIOR TO THE EFFECTIVE DATE OF THE AGREEMENT AND/OR ANY PRODUCT SOLD USED OR DAMAGED OR “AS-IS”; E.) ANY STAIN OR DAMAGE OCCURRING PRIOR TO OR DURING DELIVERY, OR WHILE FURNITURE IS IN TRANSIT OR STORAGE, OR DUE TO IMPROPER INSTALLATION; F.) DAMAGE FROM NEGLIGENCE, ABUSE, MISUSE, MISHANDLING, VANDALISM, UNAUTHORIZED MODIFICATIONS OR ALTERATIONS TO A COVERED PRODUCT, OR FAILURE TO FOLLOW THE MANUFACTURER’S INSTRUCTIONS; G.) CONSEQUENTIAL LOSS OF ANY NATURE AND LOSS FROM EXTERNAL OR ENVIRONMENTAL CAUSES INCLUDING FIRE, SCORCHING OR HEAT DAMAGE, THEFT, INSECTS, ACTS OF NATURE, FLOODING, ILLEGAL ACTS, ACTS OF WAR OR ACTS OF GOD; H.) INCIDENTAL, CONSEQUENTIAL OR SECONDARY DAMAGES OR DELAY IN RENDERING SERVICE UNDER THIS AGREEMENT, OR LOSS OF USE DURING THE PERIOD THAT THE COVERED PRODUCT IS AT THE SERVICING DEALER FOR MANUFACTURER HONORS SUCH WARRANTY; REPAIR AN AUTHORIZED SERVICE CENTER OR OTHERWISE AWAITING PARTS; C. PERIODIC CHECKUPS AND/; I.) STAIN OR PREVENTATIVE MAINTENANCE AS DIRECTED DAMAGE CAUSED BY THE MANUFACTURERAPPLIANCE MALFUNCTIONS OR ANY RESULTANT LEAK THEREFROM; L. J.) ANY PRODUCT CURRENTLY OR PREVIOUSLY USED IN A COMMERCIAL SETTING FOR COMMERCIAL, INSTITUTIONAL OR RENTAL BASISPURPOSES; D. INHERENT PRODUCT DEFECTS THAT ARE THE M. K.) FAILURES THAT OCCUR OUTSIDE OF THE 50 STATES OUR RETAIL TRADE AREA OR PRODUCTS THAT ARE PHYSICALLY LOCATED OUTSIDE OF THE RESPONSIBILITY OF THE MANUFACTURER OR PARTS FAILURE DUE TO A MANUFACTURER’S RECALLOUR RETAIL TRADE AREA; UNITED STATES OF AMERICA AND THE DISTRICT OF COLUMBIA; E. ANY AND ALL PRE-EXISTING CONDITIONS THAT OCCUR N. NONFUNCTIONAL OR AESTHETIC PARTS INCLUDING BUT F. PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT; ANY COSTS TO REPAIR ANY PRODUCT SOLD “AS-IS” NOT LIMITED TO PLASTIC PARTS, KNOBS, ROLLERS, BASKETS, SCRATCHES, PEELING AND DENTS; INCLUDING BUT NOT LIMITED TO FLOOR MODELS, O. L.) UNAUTHORIZED REPAIRS AND/OR PARTS; G. DEMONSTRATION MODELS, ETC; PARTS OR REPAIRS DUE TO NORMAL WEAR AND TEAR AND P. COST OF INSTALLATION, SET-UP, DIAGNOSTIC CHARGES, REMOVAL OR REINSTALLATION OF THE COVERED ITEMS NORMALLY DESIGNED TO BE PERIODICALLY PRODUCT, EXCEPT AS PROVIDED HEREIN; REPLACED BY THE PURCHASER DURING THE COVERED PRODUCT’S LIFE, INCLUDING BUT NOT LIMITED TO Q. ACCESSORIES USED IN CONJUNCTION WITH A COVERED PRODUCT; BATTERIES, BEARINGS, LIGHT BULBS, FILTERS, FLUIDS, R. ANY LOSS OTHER THAN A COVERED BREAKDOWN OF THE BLADES, BELTS, HOSES, SPARK PLUGS, SEATS, CV BOOTS, ETC.; S. COVERED PRODUCT; M.) SERVICE WHERE NO PROBLEM CAN BE FOUND; H. DAMAGE FROM ACCIDENT, ABUSE, MISUSE, MISHANDLING, T. N.) BREAKDOWNS WHICH ARE NOT REPORTED WITHIN THE INTRODUCTION OF FOREIGN OBJECTS INTO THE COVERED PRODUCT, UNAUTHORIZED MODIFICATIONS OR U. TERM OF THIS AGREEMENT; O.) ANY STAIN, SOILING OR DAMAGE RESULTING FROM EVERYDAY USE OR THAT HAS BUILT UP OVER TIME, I.E. DIRT, PERSPIRATION, HAIR, BODY OR SUNTAN OILS AND/ OR LOTIONS. BATTERY LEAKAGESIGNS OF SOILING OR SOIL BUILD UP INCLUDING DARKENED AREAS WHERE THE BODY COMES INTO CONTACT WITH THE COVERED PRODUCT(S); ALTERATIONS P.) DYE TRANSFER, STAIN OR DAMAGE RESULTING FROM THE USE OF CLEANING PRODUCTS NOT APPROVED BY THE MANUFACTURER OR US, MOLD, MILDEW, ODOR, STAINS CAUSED BY MEDICAL INCONTINENCE, STAINS OR DAMAGE CAUSED BY SMOKE, STAINS OR DAMAGE CAUSED BY AN INDEPENDENT CONTRACTOR, SUCH AS BUT NOT LIMITED TO A COVERED PRODUCTPLUMBER, FAILURE TO V. FAILURE AS A RESULT FROM RUST PAINTER OR CORROSION ON ANY I. FOLLOW THE MANUFACTURER’S INSTRUCTIONSOTHER SERVICE OR MAINTENANCE PERSONNEL; EXTERNAL CAUSES INCLUDING THIRD PARTY ACTIONSQ.) DAMAGE CAUSED BY PETS (OTHER THAN ACCIDENTAL BODILY FLUIDS; REPEATED OR MULTIPLE PET BODILY FLUIDS ARE NOT COVERED); R.) WEAR-RELATED REPAIRS OR DAMAGE, W. COVERED PRODUCT OR PART; FEES OR CHARGES RELATED TO DISPOSAL OF FIRESUCH AS, THEFT, INSECTS, ANIMALS, EXPOSURE TO WEATHER ENVIRONMENTALLY UNSAFE MATERIALS, INCLUDING BUT CONDITIONS, LIGHTNING, POWER SURGE, WINDSTORM, SAND, DIRT, HAIL, EARTHQUAKE, FLOOD, WATER, ACTS OF NOT LIMITED TO, REFRIGERANT RECOVERY FADING, RUST OR CORROSION, NORMAL WEAR AND / OR REPLACEMENTTEAR, DISPOSAL OF CONTAMINATED GOD OR CONSEQUENTIAL SEAM SEPARATION, STRESS TEARS, LOSS OF ANY NATURE; REFRIGERANTS AND / FOAM RESILIENCY, PILLING OR OILSFRAYING, AND RELATED MATERIALS J. COLOR LOSS OR DAMAGE CAUSED BY WARCRACKING AND PEELING ON ANY LEATHER OR VINYL, INVASION SPLITS ON BI-CAST LEATHER, SCRATCHES, DENTS OR ACT OF FOREIGN ENEMYCHIPS THAT DO NOT PENETRATE THE FINISH AND DO NOT EXPOSE THE SUBSTRATE; S.) NON-COLORFAST OR X-CODED FABRICS, HOSTILITIESSPLIT LEATHERS USED IN SEAT CUSHIONS, CIVIL WARBACK CUSHIONS OR TOP OR INSIDE ARM AREAS, REBELLIONNATURAL MARKINGS ON LEATHER, X. AND ENVIRONMENTAL FEESSUCH AS, BUT NOT LIMITED TO, HEALED SCARS, INSECT BITES, BRAND MARKS OR WRINKLES, LEATHERS WITH EMBOSSED PATTERNS OTHER THAN THOSE SIMULATING NATURAL COWHIDE, SUEDE, NUBUCK, NAKED, UNPROTECTED OR OTHER BUFFED LEATHERS, SURFACE SCRATCHES IN LEATHER FINISH; DAMAGE TO MOWING DECKS CAUSED BY SAND ABRASION RIOTT.) CLOCK MECHANISMS, STRIKE, LABOR DISTURBANCE, LOCKOUTSHRINKAGE FROM CLEANING, OR CIVIL NOISES; LAMPS OR VIBRATION RELATED TO AN UNBALANCED BLADEOTHER ACCESSORIES USED IN CONJUNCTION WITH THE COVERED PRODUCT; AND COMMOTIONU.) AREA RUGS OTHER THAN THOSE CONSTRUCTED OF SYNTHETICS OR WOOL; Y. MODIFICATIONS TO MEET CHANGES IN FEDERALV.) ANY LOSS, STATEEXPENSE, DAMAGE, OR LOCAL CODES BODILY INJURY, UP TO AND REGULATIONSINCLUDING DEATH, RESULTING FROM A COVERED CLAIM OR REPAIR HEREUNDER; W.) COMPENSATION FOR USE OF YOUR HOME TO PERFORM SERVICE COVERED HEREUNDER NOR COMPENSATION DUE TO LOSS OF FUNCTION OR USE DURING THE REPAIR PERIOD NOR COMPENSATION FOR DELAYS IN REPAIR OR REPLACEMENT OF COVERED PRODUCTS; X.) NORMAL, PERIODIC OR PREVENTATIVE MAINTENANCE; Y.) PRODUCTS WITH ORIGINAL SERIAL NUMBERS, MODEL NUMBERS, OR LAW LABELS THAT HAVE BEEN REMOVED, ALTERED OR CANNOT BE READILY DETERMINED.

Appears in 1 contract

Samples: Protection Plan Agreement

WHAT IS NOT COVERED. A. PRODUCTS NOT ORIGINALLY COVERED BY A MANUFACTURER’S WARRANTY; B. ITEMS THAT ARE STILL COVERED BY THE MANUFACTURER’S WARRANTY, REGARDLESS OF WHETHER THE K. INCIDENTAL, CONSEQUENTIAL (1) MALFUNCTIONS OR SECONDARY DAMAGES OR DELAY IN RENDERING SERVICE UNDER THIS AGREEMENT, OR LOSS OF USE DURING THE PERIOD THAT THE COVERED PRODUCT IS AT THE SERVICING DEALER FOR MANUFACTURER HONORS SUCH WARRANTY; REPAIR SERVICE OR OTHERWISE AWAITING PARTS; C. PERIODIC CHECKUPS AND/OR PREVENTATIVE MAINTENANCE AS DIRECTED BY THE MANUFACTURER; L. ANY PRODUCT CURRENTLY OR PREVIOUSLY USED IN A COMMERCIAL SETTING OR RENTAL BASIS; D. INHERENT PRODUCT DEFECTS THAT ARE THE M. FAILURES THAT OCCUR OUTSIDE OF THE 50 STATES OF THE RESPONSIBILITY OF THE MANUFACTURER OR PARTS FAILURE DUE TO A MANUFACTURER’S RECALL; UNITED STATES IMPROPER USE, INCORRECT SOFTWARE OR HARDWARE CONFIGURATION, MODIFICATIONS, FAILURE OR IMPROPER INSTALLATION OF AMERICA AND THE DISTRICT OF COLUMBIA; E. ANY AND ALL PRE-EXISTING CONDITIONS AFTERMARKET DEVICES OR PERIPHERALS. (2) DAMAGE RESULTING FROM MISUSE OR MINOR IMPERFECTIONS WITHIN DESIGN SPECIFICATION OR THAT OCCUR N. NONFUNCTIONAL OR AESTHETIC PARTS INCLUDING BUT F. PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT; ANY COSTS TO REPAIR ANY PRODUCT SOLD “AS-IS” DO NOT LIMITED TO PLASTIC PARTS, KNOBS, ROLLERS, BASKETS, SCRATCHES, PEELING AND DENTS; INCLUDING BUT NOT LIMITED TO FLOOR MODELS, O. UNAUTHORIZED REPAIRS AND/OR PARTS; G. DEMONSTRATION MODELS, ETC; PARTS OR REPAIRS DUE TO NORMAL WEAR AND TEAR AND P. COST OF INSTALLATION, SET-UP, DIAGNOSTIC CHARGES, REMOVAL OR REINSTALLATION OF THE COVERED ITEMS NORMALLY DESIGNED TO BE PERIODICALLY PRODUCT, EXCEPT AS PROVIDED HEREIN; REPLACED BY THE PURCHASER DURING THE COVERED PRODUCT’S LIFE, INCLUDING BUT NOT LIMITED TO Q. ACCESSORIES USED IN CONJUNCTION WITH A COVERED PRODUCT; BATTERIES, BEARINGS, LIGHT BULBS, FILTERS, FLUIDS, R. ANY LOSS OTHER THAN A COVERED BREAKDOWN OF THE BLADES, BELTS, HOSES, SPARK PLUGS, SEATS, CV BOOTS, ETCMATERIALLY ALTER FUNCTIONALITY.; S. COVERED PRODUCT; SERVICE WHERE NO PROBLEM CAN BE FOUND; H. DAMAGE FROM ACCIDENT (3) MISUSE, ABUSE, MISUSE, MISHANDLING, T. BREAKDOWNS WHICH ARE NOT REPORTED WITHIN THE INTRODUCTION OF FOREIGN OBJECTS INTO THE COVERED PRODUCTACCIDENTS, UNAUTHORIZED MODIFICATIONS SERVICE OR U. TERM PARTS, OR THE COMBINATION OF THIS AGREEMENT. BATTERY LEAKAGE; ALTERATIONS TO A COVERED PRODUCTMDG BRANDED PRODUCTS WITH OTHER PRODUCTS. (4) ANY EQUIPMENT WHOSE SERIAL NUMBERS HAVE BEEN MODIFIED, FAILURE TO V. FAILURE AS A RESULT FROM RUST CHANGED, OR CORROSION ON ANY I. FOLLOW THE MANUFACTURER’S INSTRUCTIONS; EXTERNAL CAUSES INCLUDING THIRD PARTY ACTIONSREMOVED, (5) AESTHETIC OR COSMETIC ELEMENTS OR COMPONENTS INCLUDING, W. COVERED PRODUCT OR PART; FEES OR CHARGES RELATED TO DISPOSAL OF FIRE, THEFT, INSECTS, ANIMALS, EXPOSURE TO WEATHER ENVIRONMENTALLY UNSAFE MATERIALS, INCLUDING BUT CONDITIONS, LIGHTNING, POWER SURGE, WINDSTORM, SAND, DIRT, HAIL, EARTHQUAKE, FLOOD, WATER, ACTS OF NOT LIMITED TO, REFRIGERANT RECOVERY AND / THE CASE, DRIVE OR REPLACEMENTDEVICE COVERS OR PAINT OR FINISH ON SUCH. (6) ANY DAMAGE OR FAILURES RESULTING FROM ELECTRICAL SURGES, DISPOSAL OF CONTAMINATED GOD OR CONSEQUENTIAL LOSS OF ANY NATURE; REFRIGERANTS AND / OR OILS, AND RELATED MATERIALS J. LOSS OR DAMAGE CAUSED BY WAR, INVASION OR ACT OF FOREIGN ENEMY, HOSTILITIES, CIVIL WAR, REBELLION, X. AND ENVIRONMENTAL FEES; DAMAGE TO MOWING DECKS CAUSED BY SAND ABRASION RIOT, STRIKE, LABOR DISTURBANCE, LOCKOUTPOWER OUTAGES, OR CIVIL OR VIBRATION RELATED OTHER ELECTRICAL IRREGULARITIES AND FROM CUSTOMER’S FAILURE TO HAVE THE SYSTEM AND ALL PERIPHERAL DEVICES INSTALLED THROUGH AN UNBALANCED BLADE; AND COMMOTION; Y. MODIFICATIONS TO MEET CHANGES IN FEDERALAPPROVED SURGE-SUPPRESSION DEVICE. (7) ANYTHING LISTED UNDER “WHAT IS COVERED” IF MDG DETERMINES THAT THE COMPUTER HAS BEEN OPENED, STATESERVICED, OR LOCAL CODES AND REGULATIONSMODIFIED WITHOUT PRIOR WRITTEN AUTHORIZATION BY MDG OR BY AN MDG AUTHORIZED RETAILER. (8) ANY PERIPHERAL DEVICES AS DESCRIBED IN CLAUSE (10) OF THIS AGREEMENT. (9) ANY SOFTWARE OR SOFTWARE-DERIVED ERRORS, DAMAGE, OR LOSS INCLUDING, BUT NOT LIMITED TO, VIRUSES, AD-WARE AND/OR SPYWARE.

Appears in 1 contract

Samples: Warranty Terms and Conditions

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WHAT IS NOT COVERED. A. PRODUCTS NOT ORIGINALLY COVERED BY A MANUFACTURER’S WARRANTY; B. ITEMS THAT ARE STILL COVERED BY THE MANUFACTURER’S WARRANTY, REGARDLESS OF WHETHER THE K. INCIDENTAL, CONSEQUENTIAL OR SECONDARY DAMAGES OR DELAY IN RENDERING SERVICE UNDER THIS AGREEMENT, OR LOSS OF USE DURING THE PERIOD THAT THE COVERED PRODUCT IS AT THE SERVICING SELLING DEALER FOR C. D. E. F. MANUFACTURER HONORS SUCH WARRANTY; REPAIR SERVICE OR OTHERWISE AWAITING PARTS; C. PERIODIC CHECKUPS AND/OR PREVENTATIVE MAINTENANCE AS DIRECTED BY THE MANUFACTURER; L. ANY PRODUCT CURRENTLY OR PREVIOUSLY USED IN A COMMERCIAL SETTING OR RENTAL BASIS; D. INHERENT PRODUCT DEFECTS THAT ARE THE M. FAILURES THAT OCCUR OUTSIDE OF THE 50 STATES OF THE RESPONSIBILITY OF THE MANUFACTURER OR PARTS FAILURE DUE TO A MANUFACTURER’S RECALL; UNITED STATES OF AMERICA AND THE DISTRICT OF COLUMBIA; E. ANY AND ALL PRE-EXISTING CONDITIONS THAT OCCUR N. NONFUNCTIONAL OR AESTHETIC PARTS INCLUDING BUT F. PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT; ANY COSTS TO REPAIR ANY PRODUCT SOLD “AS-IS” INCLUDING BUT NOT LIMITED TO FLOOR MODELS, L. M. N. O. REPAIR SERVICE OR OTHERWISE AWAITING PARTS; ANY PRODUCT CURRENTLY OR PREVIOUSLY USED IN A COMMERCIAL SETTING OR RENTAL BASIS; FAILURES THAT OCCUR OUTSIDE OF THE 50 STATES OF THE UNITED STATES OF AMERICA AND THE DISTRICT OF COLUMBIA; NONFUNCTIONAL OR AESTHETIC PARTS INCLUDING BUT NOT LIMITED TO PLASTIC PARTS, KNOBS, ROLLERS, BASKETS, SCRATCHES, PEELING AND DENTS; INCLUDING BUT NOT LIMITED TO FLOOR MODELS, O. UNAUTHORIZED REPAIRS AND/OR PARTS; G. DEMONSTRATION MODELS, ETC; PARTS OR REPAIRS DUE TO NORMAL WEAR AND TEAR AND ITEMS NORMALLY DESIGNED TO BE PERIODICALLY REPLACED BY THE PURCHASER DURING THE COVERED PRODUCT’S LIFE, INCLUDING BUT NOT LIMITED TO BATTERIES, BEARINGS, LIGHT BULBS, FILTERS, FLUIDS, BLADES, BELTS, HOSES, SPARK PLUGS, SEATS, CV BOOTS, ETC.; P. Q. R. S. COST OF INSTALLATION, SET-UP, DIAGNOSTIC CHARGES, REMOVAL OR REINSTALLATION OF THE COVERED ITEMS NORMALLY DESIGNED TO BE PERIODICALLY PRODUCT, EXCEPT AS PROVIDED HEREIN; REPLACED BY THE PURCHASER DURING THE COVERED PRODUCT’S LIFE, INCLUDING BUT NOT LIMITED TO Q. ACCESSORIES USED IN CONJUNCTION WITH A COVERED PRODUCT; BATTERIES, BEARINGS, LIGHT BULBS, FILTERS, FLUIDS, R. ANY LOSS OTHER THAN A COVERED BREAKDOWN OF THE BLADES, BELTS, HOSES, SPARK PLUGS, SEATS, CV BOOTS, ETC.; S. COVERED PRODUCT; SERVICE WHERE NO PROBLEM CAN BE FOUND; ; H. DAMAGE FROM ACCIDENT, ABUSE, MISUSE, MISHANDLING, T. BREAKDOWNS WHICH ARE NOT REPORTED WITHIN THE INTRODUCTION OF FOREIGN OBJECTS INTO THE COVERED PRODUCT, UNAUTHORIZED MODIFICATIONS OR T. U. BREAKDOWNS WHICH ARE NOT REPORTED WITHIN THE TERM OF THIS AGREEMENT. BATTERY LEAKAGE; I. J. ALTERATIONS TO A COVERED PRODUCT, FAILURE TO V. FAILURE AS A RESULT FROM RUST OR CORROSION ON ANY I. FOLLOW THE MANUFACTURER’S INSTRUCTIONS; EXTERNAL CAUSES INCLUDING THIRD PARTY ACTIONS, W. COVERED PRODUCT OR PART; FEES OR CHARGES RELATED TO DISPOSAL OF FIRE, THEFT, INSECTS, ANIMALS, EXPOSURE TO WEATHER ENVIRONMENTALLY UNSAFE MATERIALS, INCLUDING BUT CONDITIONS, LIGHTNING, POWER SURGE, WINDSTORM, SAND, DIRT, HAIL, EARTHQUAKE, FLOOD, WATER, ACTS OF NOT LIMITED TO, REFRIGERANT RECOVERY AND / OR REPLACEMENT, DISPOSAL OF CONTAMINATED GOD OR CONSEQUENTIAL LOSS OF ANY NATURE; REFRIGERANTS AND / OR OILS, AND RELATED MATERIALS J. LOSS OR DAMAGE CAUSED BY WAR, INVASION OR ACT OF FOREIGN ENEMY, HOSTILITIES, CIVIL WAR, REBELLION, RIOT, STRIKE, LABOR DISTURBANCE, LOCKOUT, OR CIVIL COMMOTION; V. W. X. Y. FAILURE AS A RESULT FROM RUST OR CORROSION ON ANY COVERED PRODUCT OR PART; FEES OR CHARGES RELATED TO DISPOSAL OF ENVIRONMENTALLY UNSAFE MATERIALS, INCLUDING BUT NOT LIMITED TO, REFRIGERANT RECOVERY AND / OR REPLACEMENT, DISPOSAL OF CONTAMINATED REFRIGERANTS AND / OR OILS, AND RELATED MATERIALS AND ENVIRONMENTAL FEES; DAMAGE TO MOWING DECKS CAUSED BY SAND ABRASION RIOT, STRIKE, LABOR DISTURBANCE, LOCKOUT, OR CIVIL OR VIBRATION RELATED TO AN UNBALANCED BLADE; AND COMMOTION; Y. MODIFICATIONS TO MEET CHANGES IN FEDERAL, STATE, OR LOCAL CODES AND REGULATIONS.

Appears in 1 contract

Samples: Mechanical Repair Plan

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