Application of this Warranty Sample Clauses

The 'Application of this Warranty' clause defines the scope and conditions under which a warranty is valid and enforceable. It typically outlines which products or services are covered, the time period during which the warranty applies, and any specific requirements or limitations for making a claim. For example, it may specify that only original purchasers are eligible or that the warranty is void if the product is altered. This clause ensures both parties understand when and how the warranty protections can be invoked, thereby reducing disputes and clarifying the extent of the warranty's coverage.
Application of this Warranty. 6.1 This Warranty applies only to those Parts sold to You by Komatsu and used within Australia within the Warranty Period. 6.2 This Warranty is conditional upon the Machine being maintained by You in accord with the Maintenance Program. 6.3 This Warranty does not apply: (a) if You breach or do not comply with any of Your Responsibilities in item 4. above or otherwise; (b) if any Defect is caused or contributed to by Your misuse, negligence, accident, or failure to maintain or use the Machine or the Part in accordance with the Maintenance Program or the recommendations of Komatsu or the OEM; (c) if any Defect arises as a result of or in connection with, a condition identified through the Maintenance Program or otherwise, for which Komatsu has recommended certain action to You and You fail to comply with that recommendation; (d) in relation to alterations, modifications or repairs to a Part or Machine, including the fitting of attachments parts or use of consumables, that are not authorised or approved by Komatsu and which in Komatsu’s reasonable judgment, cause or contribute to the Defect; (e) to repairs or replacements required due to normal maintenance or operating services for the Machines or Parts, including but not limited to inspections, adjustments, tune-ups, fuel, lubricants, or Consumables, routine or scheduled parts repairs or replacements; (f) if You have delayed more than seven (7) days in notifying of any potential Defect after first becoming aware of it; (g) if You have unreasonably delayed in providing the Machine or Part to Komatsu after first becoming aware of it; (h) if You fail to adhere to any recommendation made by Komatsu; (i) if You fail to supply the Required Documents when requested by Komatsu; or (j) if Komatsu in its sole discretion determines any use or installation of the Machine or Part has caused or contributed to the Defect. 6.4 If otherwise applicable, the Vienna Convention (Contracts for the International sale of Goods) does not apply to this Warranty or the Machine or Parts and is excluded in its entirety.
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Related to Application of this Warranty

  • Application of this Agreement This Agreement applies to the Land and to the Development proposed in the Development Application, as may be modified.

  • Registration of this Agreement ‌ 8.1 The Parties agree this Agreement is to be registered by the Registrar-General as provided for in section 7.6 of the Act. 8.2 The Developer warrants that they have done everything necessary to enable this Agreement to be registered under section 7.6 of the Act. 8.3 Without limiting clause 8.2, the Developer warrants that they have obtained the express written consent to the registration of this Agreement under section 7.6 of the Act from: (a) If this Agreement relates to land under the Real Property Act 1900, each person who has an estate or interest in the Land registered under that Act; or (b) If this Agreement relates to land not under the Real Property Act 1900, each person who is seized or in possessed of an estate or interest in the Land. 8.4 As soon as possible and in any event, within 30 business days of entering into this Agreement, the Developer will at its cost arrange and lodge this Agreement for registration upon the title to the Land under s7.6 of the Act and will: (a) deliver to the Council the Registration Application in registrable form noting the Council as applicant and executed by the o wner of the Land and any other person the subject of the warranty in clause 8.3; (b) provide the Council with a cheque in favour of NSW Land Registry Services, NSW for the registration fees for registration of this Agreement, or deliver funds electronically as Council may direct; (c) subject to the Council providing to the Developer a tax invoice for its costs, expenses and fees incurred or to be incurred in connection with the preparation of this Agreement, provide the Council with a cheque in favour of the Council for those costs, expenses and fees, and any documents, form or instrument created or to be created in accordance with the provisions of this Agreement, or deliver funds electronically as Council may direct; and (d) take any other necessary action so as to ensure this Agreement can be lodged for registration on the title to the Land. 8.5 Upon compliance with clause 8.4 by the Developer the Council will promptly lodge the Registration Application with the Registrar General. 8.6 The Parties will co-operate with each other to ensure that the Agreement is registered by the Registrar General. 8.7 Upon delivery of the Development Contribution in full, the Developer may request in writing that Council apply for the removal of the dealing created by registration of the Agreement from the title to the Land. The Council will not withhold its consent to such removal, provided the Developer pays all reasonable costs, expenses and fees of the Council relating to such removal. 8.8 Upon registration of this Agreement by the Registrar General, this Agreement is binding on, and is enforceable against the owner of the Land from time to time as if each owner for the time being had entered into this Agreement.

  • Construction of this Agreement The Parties agree that each Party and its legal counsel have reviewed and revised this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not apply in the interpretation of this Agreement or any amendments or exhibits thereto.

  • Examination of this Agreement A copy of this Agreement shall be available at all reasonable times at the office of the Right Agent in the Borough of Manhattan, City and State of New York, for inspection by the registered holder of any Right. The Right Agent may require any such holder to submit his, her or its Right for inspection by it.

  • Variation of this Agreement ‌ This Agreement may be varied during its term by agreement in writing by the parties subject to the ratification process of the Union.