Common use of Conditions of Warranty Clause in Contracts

Conditions of Warranty. To the extent that any failure by Contractor to meet the foregoing warranties is the result of (a) Owner’s failure to receive, handle, store, maintain, or install the Equipment furnished in a reasonable manner or in accordance with any reasonable Contractor requirements conveyed to Owner, (b) Owner’s failure to operate the Equipment within its rating or operated and maintained in a reasonable manner consistent with Contractor’s or Equipment vendors’ instructions, (c) Owner subjecting the Equipment to abuse or misuse, or (d) normal wear and tear or corrosion inherent in the operation of the Facility, then, to that extent, Contractor shall be excused for said failure.