EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Microsoft’s reasonable control.
EXCLUSIONS FROM WARRANTY. The limited warranty is void if non-conformance of the WSP Software results from or is related to the:
1. factors outside of our reasonable control (for example, natural disaster, war, acts of terrorism, riots, government action, or a network or device failure outside our control);
2. use of hardware, or software not provided or not approved (as recommended in the Documentation) by or on behalf of WSP, including, but not limited to, issues from inadequate bandwidth, high latency or related to third-party software or services resulting
3. use of WSP Software after advice was given to modify your use of the WSP Software and provided CUSTOMER did not modify its use as advised;
4. unauthorized action or lack of action when required, or from CUSTOMER’s employees, agents, contractors, or vendors, or anyone gaining access to WSP’s network by means of CUSTOMER’s passwords or equipment, or otherwise resulting from a failure attributable to CUSTOMER to follow appropriate security practices;
5. CUSTOMER’s failure to adhere to any required configurations, install Required Software, use supported platforms, follow any policies for acceptable use, or CUSTOMER’s use of the Saas Services in a manner inconsistent with WSP’s published guidance;
6. CUSTOMER’s faulty input, instructions, or arguments (for example, requests to access files that do not exist);
7. CUSTOMER’s attempts to perform operations that are not permitted or supported by the Documentation; or
8. Products or Services for which CUSTOMER at the time of the claim has not or not fully paid.
EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or
EXCLUSIONS FROM WARRANTY. (1) This warranty does not extend to any product manufactured by ITT which has been subjected to misuse, neglect, accident, improper installation or to use in violation of instructions furnished by ITT.
(2) This warranty does not extend to or apply to any unit which has been repaired or altered at any place other than at ITT's factory, or by persons not expressly approved by ITT.
(3) Components purchased by Buyer from any supplier other than ITT shall bear only the warranty given by the manufacturer of that product, and ITT assumes no responsibility for the interface of its product with any other product. THE FOREGOING WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER EXPRESSED OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR USE, OR OTHERWISE.
EXCLUSIONS FROM WARRANTY. This warranty does not include Products that have defects or failures resulting from (a) CUSTOMER's design of Products including, but not limited to, design functionality failures, specification inadequacies, failures relating to the functioning of Products in the manner for the intended purpose or in the specific CUSTOMER's environment; (b) accident, disaster, neglect, abuse, misuse, improper handling, testing, storage or installation including improper handling in accordance with static sensitive electronic device handling requirements; (c) alterations, modifications or repairs by CUSTOMER or third parties or (d) defective CUSTOMER-provided test equipment or test software. CUSTOMER bears all design responsibility for the Product.
EXCLUSIONS FROM WARRANTY. This Warranty shall not apply to problems attributable to, or as a result of:
(a) improper installation or misapplication of parts;
(b) chain or system failures induced by other products or components;
(c) lack of proper inspection or maintenance or failure to provide a suitable operating environment;
(d) any consumables provided with the Product and any other materials, components or products manufactured by a third party;
(e) power surges, fire, unusual mechanical, physical or electrical stress, severe weather conditions or acts of nature, including but not limited to, lightning or floods;
(f) usage or operation not in accordance with published ratings, specifications or instructions, including but not limited to environmental specifications identified by Seller;
(g) any adjustment, modification, alteration, removal or repair of any part of the Product not expressly authorized by Seller in writing;
(h) accidental damage, misuse, abuse, neglect or unauthorized access of the Product or of any system of which the warranted Product is a part;
(i) any type of aesthetic changes due to oxidation or corrosion occurring on stainless steel or galvanized steel parts installed in unusually corrosive marine and industrial atmospheres (in which case Seller’s only obligation shall be to ensure that Product complies with Seller’s published material specifications);
(j) use of the Product for purposes other than that for which it was designed; or
(k) mishandling during shipment of the Product. This Warranty is for Products installed and used in accordance with Seller’s design, installation and operating parameters. Buyer’s failure to ensure conformity with such parameters will void all warranties. Under no circumstance shall Seller have any liability or obligation with respect to expenses, liabilities or losses associated with the installation or removal of any Product or the installation or removal of any components for inspection, testing or redesign occasioned by any defect or by any repair or replacement of a Product.
EXCLUSIONS FROM WARRANTY. These warranties are inapplicable to and exclude: (i) damage caused by accident or negligence, normal wear and tear, erosion, corrosion or by disasters such as fire, flood, wind and lightning; (ii) damage caused by the failure to follow all installation and operating instructions or manuals or to provide normal maintenance; (iii) damage caused by improper water treatment; (iv) damage caused by unauthorized or improper installation of attachments, repairs or modifications; or (v) any other abuse or misuse. THE SELLER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
EXCLUSIONS FROM WARRANTY. The warranty set forth in Section 5.1 above does not include Products that have defects or failures resulting from Purchaser’s design of Products as set forth in the Specifications, including, but not limited to, design functionality failures, Specification inadequacies, failures relating to the functioning of Products in the manner for the intended purpose or failures resulting from unauthorized modification of the Products. To the extent that all Product designs have been provided by Purchaser to Supplier, Purchaser bears all design responsibility for the Product.
EXCLUSIONS FROM WARRANTY. Multitest's obligation under this Section 12 shall not apply to items sold by Multitest to Buyer which have been
(a) altered by Xxxxx in any respect, including any instance in which third-party parts are being used in replacement of original Multitest parts;
(b) combined by Buyer with other equipment or technology not authorized in writing by Multitest;
(c) subjected to unusual physical or electrical stress, misuse, abuse or accidents;
(d) otherwise used by Buyer in an unauthorized manner; or
(e) configured at a location different from that agreed to in the Contract without prior written agreement of Multitest. Furthermore, Multitest shall not be liable in respect to any defect in the Multitest Products arising from any design or specification supplied by the Buyer. Multitest shall not be liable under the warranty given under this Section 12 if the total price of the Multitest Products in question has not been paid by the time period specified in Section 9.
EXCLUSIONS FROM WARRANTY. (A) This Limited Warranty does not apply to Product which has been discontinued or to a particular color or design which has been discontinued, at the time of sale, or to Product sold as seconds or B grade.
(B) The following is not included under this Limited Warranty:
1. Color deviations as compared to physical, printed, and/or electronic representations
2. Damage caused by improper storage and handling prior to installation;
3. Scratches, splinters or marks on the Product unless SELLER is notified as soon as the Product is received by the END USER;
4. Excessive wear from presence of sand and/or grit on installed material;
5. Periodic adjustments and/or shifting not caused by the Product. Such shifting is normally the result of improper installation;
6. Damaged caused by exposure to petroleum distillants (solvents, chlorine, acidic chemicals) or industrial oils;
7. Misuse or abuse of the Product by the END USER;
8. Damage caused by unreasonable use and/or negligence including but not limited to spiked heels;
9. Damage or injury caused by improper installation or maintenance including; Adhesives, sealers or other accessories;
10. Damage caused by subfloor movement of any kind including but not limited to expansion joints, saw cuts or cracks in the subfloor;
11. Damaged caused by furniture, appliances, fixtures and equipment that is not properly levelled with appropriate protective glides, casters and/or floor protectors;
i. Glides must be a minimum of 1” in diameter ii. Glides must be flat, smooth and slightly rounded.
12. Shading or texture variations.
13. Any damage due to natural disasters and/or an act of God
14. Labor costs for removing and/or re-installing replacement and associated frieght costs are not covered under this warranty
