Exclusions and Disclaimers. MONDO’S LIABILITY HEREUNDER SHALL BE LIMITED AS SPECIFIED ABOVE, WHICH SHALL BE THE SOLE AND EXCLUSIVE OBLIGATION OF MONDO HEREUNDER. MONDO SHALL HAVE NO LIABILITY FOR ANY CLAIM WHICH IS NOT A COVERED CLAIM. UNDER NO CIRCUMSTANCES WILL MONDO BE LIABLE FOR LABOR OR ANY OTHER COSTS INCURRED IN CONNECTION WITH THE REPAIR, REMOVAL, INSTALLATION OR REPLACEMENT OF ANY SPECIFIED PRODUCTS COVERED BY THIS LIMITED MATERIAL WARRANTY, EXCEPT AS SPECIFICALLY PROVIDED HEREIN. UNDER NO CIRCUMSTANCES WILL MONDO BE LIABLE FOR DIRECT OR INDIRECT DAMAGES, LABOR, REMOVAL, INSTALLATION, INCIDENTAL OR CONSEQUENTIAL DAMAGES, FOR LOST PROFITS, LOST SALES, INJURY TO PROPERTY OR ANY OTHER DAMAGES, LOSSES OR CONTINGENCIES DUE TO OR ARISING OUT OF ANY SPECIFIED PRODUCT, WHETHER OR NOT SUBJECT TO A MANUFACTURING DEFECT. THE LIMITED MATERIAL WARRANTY IS VALID ONLY FOR THE SPECIFIED WARRANTY HOLDER AND IS NOT ASSIGNABLE OR TRANSFERABLE UNDER ANY CIRCUMSTANCES. THERE SHALL BE NO THIRD PARTY BENEFICIARIES (INTENDED OR OTHERWISE) HEREUNDER. THIS LIMITED MATERIAL WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITATION ANY WARRANTY OF MERCHANTABILITY, HABITABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALSO IS IN LIEU OF ANY OTHER OBLIGATIONS ON THE PART OF MONDO (CONTRACTUAL, TORT OR OTHERWISE). THIS LIMITED MATERIAL WARRANTY CONSTITUTES THE ONLY WARRANTY MADE BY MONDO AND IS A COMPLETE AND EXCLUSIVE STATEMENT OF ITS OBLIGATIONS. MONDO MAKES NO REPRESENTATIONS, EXPRESSED OR IMPLIED, NOT SPECIFIED HEREIN. ANY AND ALL REPRESENTATIONS, PROMISES, WARRANTIES OR STATEMENTS BY MONDO’S EMPLOYEES, REPRESENTATIVES, AGENTS, DEALERS, OR DISTRIBUTORS THAT DIFFER, ENHANCE, AMEND OR EXTEND IN ANY MANNER FROM THE TERMS OF THIS WRITTEN LIMITED MATERIAL WARRANTY SHALL BE OF NO FORCE OR EFFECT. NO REPRESENTATIVE, AGENT OR EMPLOYEE OF MONDO, OR ANY OTHER PERSON, IS AUTHORIZED TO ASSUME FOR MONDO ANY ADDITIONAL LIABILITY OR RESPONSIBILITY WITH MONDO FLOOR COVERING EXCEPT AS DESCRIBED ABOVE.
Exclusions and Disclaimers. The warranties do not extend to any damages, malfunctions, or non-conformities caused by: (i) Customer’s use of Products in violation of the license granted under this SLSA or in a manner inconsistent with the Documentation; (ii) normal wear due to Product use, including but not limited to Product cosmetics and display scratches; (iii) use of non-Avaya furnished equipment, software, or facilities with Products (except to the extent provided in the Documentation); (iv) Customer’s failure to follow Avaya’s installation, operation or support instructions; (v) Customer’s failure to permit Avaya timely access, remote or otherwise, to Products; or
Exclusions and Disclaimers. Any warranty exclusions and disclaimers set out in the Agreement apply to the Cloud Software and Maintenance Services. In addition, neither Distributor nor Avaya is responsible under this Amendment for any software, equipment, hardware or services that Reseller may have separately purchased apart from this Amendment or is re-using. Reseller is responsible to ensure that any such software, equipment or hardware is in good working order and compatible with the Cloud Software.
Exclusions and Disclaimers. The above-referenced warranty does not extend to any damages, malfunctions, or non-conformities caused by: (i) Customer’s use of Phones in violation of the license granted under the main body of this Agreement or in a manner inconsistent with the Documentation; (ii) normal wear due to Phone use, including but not limited to Phone cosmetics and display scratches; (iii) use of non-Zang furnished equipment, software, or facilities with Phones (except to the extent provided in the Documentation); (iv) Customer’s failure to follow Zang’s installation, operation or maintenance instructions; (v) Customer’s failure to permit Zang timely access, remote or otherwise, to Phones; or (vi) failure to implement all new updates to software provided under the Agreement. Warranties do not extend to Phones that have been serviced or modified other than by Zang or a third party specifically authorized by Zang to provide the service or modification. In the event Customer purchases any Third Party Products from Xxxx, Xxxx provides Third Party Products on an ”AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, unless Zang specifies otherwise. However, such Third Party Products may carry their own warranties and Zang shall pass through to Customer any such warranties to the extent authorized. Exercise of such warranty shall be directly between Customer and the third party provider. EXCEPT AS REFERENCED AND LIMITED IN THIS SECTION AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NEITHER ZANG, NOR ITS LICENSORS, SUPPLIERS, OR AFFILIATES MAKES ANY EXPRESS REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS WITH REGARD TO THE PHONES. ZANG DOES NOT WARRANT UNINTERRUPTED OR ERROR FREE OPERATION OF PHONES OR THAT THE PHONES WILL PREVENT TOLL FRAUD. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ZANG AND ITS AFFILIATES DISCLAIM ALL IMPLIED OR STATUTORY WARRANTIES AND CONDITIONS RELATED TO THE PHONES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE WARRANTY REMEDIES EXPRESSLY REFERENCED HEREIN WILL BE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES RELATED TO THE PHONES.
Exclusions and Disclaimers. (a) The warranties set out in Section 5.2 shall not apply to the extent the breach is caused by or as a result of (i) Your use of the Software and/or Services contrary to Our written instructions or the Documentation, (ii) Your breach of the Agreement, (iii) any modifications or alterations of the Software and/or Services by any party other than Us or Our duly authorized contractors or agents.
(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES AND REMEDIES PROVIDED IN THIS SECTION 5 ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, TERMS AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR TERMS AND CONDITIONS OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE OR SATISFACTORY QUALITY AND NON-INFRINGEMENT (EXCEPT AS PROVIDED BELOW), ALL OF WHICH ARE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXPRESSLY DISCLAIMED BY US.
Exclusions and Disclaimers. The Limited Warranties do not apply to any lost electricity production or any repair, replacement or correction required due to the following:
(i) someone other than Dealer or a subcontractor specifically approved by SunPower (an “approved subcontractor”) installed, constructed, tested, removed, re- installed or repaired the System;
(ii) destruction or damage to the System or its ability to safely produce energy not caused by Dealer or its approved subcontractor while servicing the System (for example, a tree falls on the System not due to any negligence of Dealer);
(iii) any event or condition beyond Dealer’s control that is a Force Majeure Event (as defined below);
(iv) a power or voltage surge caused by someone other than Dealer including a grid supply voltage outside of the standard range specified by the local utility or the System specifications or as a result of a local power outage or curtailment;
(v) shading from foliage that is new growth or is not kept trimmed to the same condition as on the date the System was installed;
(vi) any system failure not caused by a System defect (such as making roof repairs that affect the System); or
(vii) theft of the System.
Exclusions and Disclaimers. 9.1 The provisions of Schedule 8 shall apply to limit liability under Relevant Claims.
9.2 In addition to anything else provided herein, no Party shall be liable in respect of any representations, warranties, covenants, agreements, undertakings or other obligations (express, implied, statutory or otherwise) which are made or assumed or deemed to have been made or assumed by him or it in relation to or in connection with the subject matter hereof except for those contained and expressly given or assumed by him or it in this Agreement, any other Transaction Document or any document in the Agreed Form to be entered into pursuant hereto and each Party hereby confirms to the others that neither he nor it has entered into this Agreement or otherwise assumed any other obligations in connection therewith in reliance on any such representation, warranty, covenant, agreement, undertaking or other obligation which are not contained or expressly given or assumed in this Agreement.
9.3 The Buyer acknowledges and confirms that:
(A) it has not entered into this Agreement in reliance on any representation or warranty of any kind whatsoever (other than the Warranties) and, for the avoidance of doubt, acknowledges that it shall not be entitled to, and undertakes that it will not, bring any claims under or in connection with this Agreement in relation to any other statement, promise or forecast made, or information provided, by or on behalf of any Target Group Company or any of the Sellers or any of their advisers, general partners or managers or any of their respective directors, officers, partners or employees (including any forecast contained in the Disclosure Documents) (the “Unwarranted Information”); and
(B) none of the other Parties shall have any liability to the Buyer or any member of the Buyer’s Group, and the Buyer undertakes not to, and undertakes to procure that no member of the Buyer’s Group shall, bring any claim or action against any such Party or any such other Person in respect of the Unwarranted Information, including in the event that such Unwarranted Information is, is alleged to be or becomes inaccurate, incomplete or misleading.
9.4 The Buyer undertakes to the Investor Sellers, Sovereign Capital Partners LLP and each other person referred to in this clause 9.4 (each of whom may rely on this assurance pursuant to the Contracts (Rights of Third Parties) Act 1999), that neither the Buyer nor any other member of the Buyer’s Group has any rights and/or may ...
Exclusions and Disclaimers. The foregoing warranties do not apply with respect to defects or nonconformities from abuse, acts of God or other external factors such as failure or fluctuation of electrical power or air conditioning, installation or use not in accordance with the applicable documentation, modifications, or unauthorized maintenance. THE TERMS OF THIS SECTION 10 REPRESENT FORTIS’ SOLE OBLIGATION AND CUSTOMER’S SOLE REMEDY FOR NON- CONFORMANCES. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF NON- INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE DISCLAIMED. FORTIS WARRANTIES EXTEND SOLELY TO CUSTOMER.
Exclusions and Disclaimers. The limited warranties and performance guarantee provided in this 20 Year Performance Guarantee do not apply to (i) any lost electricity production or (ii) any damage, repair, replacement or correction required due to the following:
a. Someone other than Sungevity or its approved service providers installed, removed, re-installed or repaired the System or removed any of the product identifying information listed on the equipment;
b. Destruction or damage to the System or its ability to safely produce energy not caused by Sungevity or its approved service providers (e.g., a tree falls on the System, an animal causes damage, chemicals or other materials have been applied to the System, glass breakage in the solar panels to the extent it was caused by external factors (including golf balls) or the System is moved or damaged during roofing work);
c. Your failure to perform, or breach of, your obligations under the Contract (such as if you modify or alter the System or you fail to pay amounts due and owing to Sungevity);
d. Your breach of this 20 Year Performance Guarantee, including your being unavailable to provide access to the Property or assistance to us in diagnosing or repairing a problem, or your failing to maintain the System as stated in the Manual, or if you modify or alter the System;
e. Any Force Majeure Event (as defined above);
f. Water ponding or puddling on your roof (i.e. standing water that fails to drain) not caused by Sungevity or its approved service providers;
g. Damages resulting from mold, fungus and other organic pathogens, regardless of the cause;
h. Superficial changes in the appearance of System components due to exposure to weather and atmospheric conditions (e.g. chalking, blemishes, scratches, rust, mold, discoloration of the solar panels) that do not materially impact System performance;
i. Increased shading (e.g. from foliage that is new growth or is not kept trimmed to its appearance on the date the System was installed, from snow that covers the System, or from new construction on your Property or adjacent property);
j. Theft of the System or any System failure not caused by a System defect (e.g., the System is not producing power because the System has been removed for remodeling or you have required us to locate the inverter in a non-shaded area);
k. Any excluded work pursuant to the Contract;
l. Any pre-existing conditions of any roof or for damage or problems arising from such pre-existing conditions, which may be aggravated...
Exclusions and Disclaimers. The warranties provided by Avaya under the Agreement do not extend to any damages, malfunctions, or non-conformities caused by: ***** No Additional Warranty. *****
