Exclusions and Limitations Sample Clauses
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Exclusions and Limitations. This Global Limited Warranty does not apply to any Products which have been subject to:
a) Failure to pay the purchase price towards ▇▇▇▇▇ Solar or its subsidiaries which have put the module on the market even though (i) the payment was due and (ii) the direct customer who has obtained the module from ▇▇▇▇▇ Solar or its subsidiary („Direct Customer“) is not entitled to withhold the purchase price or parts of the purchase price. ▇▇▇▇▇ Solar must inform the Buyer about the non-payment and provide the name and the full address of the Direct Customer which has failed to pay the module. In case that ▇▇▇▇▇ Solar can reject the claims under this Global Limited Warranty based on this provision, the Buyer can deposit the amount not paid in order to trigger the Global Limited Warranty claims;
b) Failure to provide proof of purchase or product information;
c) Failure to comply with the requirements of ▇▇▇▇▇ Solar’s user manual or rules of use and application for the Products (as defined in Sec. 2) and Appendix;
d) Failure to carry out proper operation and maintenance (including but not limited to operation and maintenance requirements requested by ▇▇▇▇▇ Solar’s applicable user manual or other applicable local laws and regulations of the place of installation);
e) Service by service technicians who are not qualified under the relevant law and/or applicable regula- tions at the place of installation;
f) Change, erasure or illegible-made of the Product's type, nameplate or serial number (other than by any act or omission of ▇▇▇▇▇ Solar);
g) Installation on mobile units (except photovoltaic tracking system), such as vehicles, ships or offshore- structures(except water surface floating systems pursuant to Sec 2) ;
h) Exposure to voltage in excess to the maximum system voltage or power surges;
i) defective components in the construction on which the module is mounted;
j) Exposure to mold discoloration or similar external effects;
k) unauthorized modifications:
i) Operation/maintenance by use of unauthorized spare parts;
ii) Application under extreme environmental conditions or rapid changes in such environments result- ing in corrosion, oxidation, or affected by chemical products;
iii) Other acts beyond ▇▇▇▇▇ Solar`s reasonable control (including direct or indirect damage by war, fire, flood, hurricane, volcanic eruption, surface collapse, debris flow, lightning, earthquake, heavy snowfall, hailstone, strong breeze etc.);
l) Use of the Products in such a manner as to infri...
Exclusions and Limitations. 2.1 Disclaimer
a) To the extent permitted by law, the warranties in this Limited Warranty are the only express warranty given for the Product. BYD disclaims all statutory and implied warranties, including without limitation, any warranties of merchantability, fitness for a particular purpose, or non-infringement. To the extent permitted by law, in so far as such warranties cannot be disclaimed, BYD limits the duration and remedies of such warranties to the duration of this Limited Warranty and, at BYD's option, the repair or replacement services described below.
b) Neither seller of the Product nor any other person is authorized to make any warranties on behalf of BYD other than those contained in this document or to extend the duration of the warranties beyond the periods specified above.
Exclusions and Limitations. A. A warranty claim under any of the foregoing Warranties must be filed within the applicable warranty period.
Exclusions and Limitations. 8.1 The Seller’s liability in relation to any Tax Claim shall be limited as described (mutatis mutandis) in paragraph 1 (“Financial Limits”) of schedule 5 (“Limitations on Seller’s Liability”) other than paragraphs 1.1 and 1.2 of schedule 5 shall not apply to a Tax Claim under paragraph 1.2 of Part 3 of this Schedule 3.
8.2 The Seller shall not be liable in respect of any Tax Claim unless written notice of such claim is given to the Seller prior to the expiry of the period of ten Business Days following the sixth anniversary of the end of the accounting period current at the date of this Agreement.
8.3 The Seller shall not be liable in respect of any Tax Claim in respect of any Tax Liability to the extent that:
8.3.1 provision or reserve for such Tax Liability (including any provision or reserve for deferred taxation) is made in the Accounts; or
8.3.2 it arises pursuant to an Event occurring, or in respect to income, profits or gains earned, accrued or received, in the ordinary course of the Company’s business between the Accounts Date and the date of this Agreement; or
8.3.3 it has been discharged or made good without cost or loss to the Buyer; or
8.3.4 it arises or is increased as a result of any increase in the rates of Tax announced after the date of this Agreement; or
8.3.5 it arises or is increased as a result of any imposition of new Tax or the introduction of or change in any legislation or applicable law or the change in the published practice of, or concessions made by, any Tax Authority announced or published after the date of this Agreement; or
8.3.6 it would not have arisen but for a transaction entered into or other voluntary act on the part of the Company or the Buyer after the date of this Agreement which is not in the ordinary course of the Company’s business, as carried on at the date of this Agreement, is not required by law and is not pursuant to a legally binding obligation entered into before the date of this Agreement and which the Buyer knew or ought reasonably to have known would give rise to the liability in question; or
8.3.7 such liability arises or is increased by virtue of the failure or omission by the Company to make any claim, election, surrender or disclaimer or give any notice or consent to any other matter or do any other thing after the date of this Agreement (otherwise than at the request of the Seller), the making, giving or doing of which was taken into account or assumed in computing any provision or reserve for Tax...
Exclusions and Limitations. 2.8.1. NCR Voyix is not responsible for acts or omissions of Customer or its representatives that result in failure of or disruption to the System or access to the Hosted Software.
2.8.2. Customer agrees that neither Customer nor its representatives shall attempt in any way to circumvent or otherwise interfere with any security precautions or measures of NCR Voyix relating to the Hosted Software or the System. Any such attempts may, among other things, cause failure of, or disruption to, the System or the Hosted Software. Any failure of or disruption to the System or the Hosted NCR Voyix Software resulting from a violation of this Section 2.8 shall not be considered Scheduled Downtime.
2.8.3. Customer will be responsible, and will indemnify NCR Voyix, for any damage or service interruptions caused by Customer or its representatives in violation of this Section 2.8 including, without limitation, any damage to any NCR Voyix equipment, or equipment managed for NCR Voyix by another third party in connection with the Hosting Services provided by NCR Voyix hereunder.
2.8.4. Customer agrees to compensate NCR Voyix, at its then-current professional services rates, for all remedial services or losses resulting from any violations of this Section 2.8.
2.8.5. NCR Voyix does not control the flow of data to or from the network and other portions of the internet. Such flow depends in large part on the performance of internet services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt Customer’s connections to the internet (or portions thereof). Although NCR Voyix will use commercially reasonable efforts to take the action it deems appropriate to remedy and avoid such events, NCR Voyix cannot guarantee that such events will not occur. Accordingly, NCR Voyix disclaims any and all liability resulting from or related to such events to the extent such events are not directly caused by NCR Voyix or any of its subcontractors or agents.
2.8.6. NCR Voyix is not responsible for unauthorized access to the Hosted NCR Voyix Software through Customer maintained usernames and passwords provided such unauthorized access was not directly caused by NCR Voyix or any of its subcontractors or agents.
2.8.7. NCR Voyix’s performance obligations concerning the Hosted NCR Voyix Software specifically exclude the following: (a) non-production or test web sites or systems, performance of public or private internet backbones or networ...
Exclusions and Limitations. No coverage is available under this Contract for the following:
Exclusions and Limitations. (a) Notwithstanding any provision in this Agreement, the Company shall not be obligated under this Agreement to make any indemnification payment, advance expenses, or hold harmless Indemnitee in connection with any claim or Proceeding (or any part of a Proceeding):
(i) for which payment has actually been received by or on behalf of Indemnitee under any insurance policy or other indemnity or advancement provision and which payment has not subsequently been returned, except with respect to any excess beyond the amount actually received under any insurance policy, contract, agreement, other indemnity or advancement provision or otherwise;
(ii) for an accounting of profits made from the purchase and sale (or sale and purchase) by Indemnitee of securities of the Company within the meaning of Section 16(b) of the Exchange Act (or any successor rule) or similar provisions of state statutory law or common law;
(iii) on account of the Indemnitee’s conduct if such conduct shall be finally adjudged to have been a breach of Indemnitee’s duty of loyalty to the Company or its shareholders or is an act or omission not in good faith or which involves intentional misconduct or a knowing violation of the law;
(iv) if such indemnification, advancement or payment is prohibited by applicable law;
(v) arising out of Indemnitee’s personal income tax payable on any salaries, bonuses, director’s fees, including fees for attending meetings, or any gain on disposition of shares, options or restricted shares of the Company; or
(vi) except as otherwise provided in Sections 14(f) hereof, in connection with any Proceeding (or any part of any Proceeding) initiated by Indemnitee, including any Proceeding (or any part of any Proceeding) initiated by Indemnitee against the Company or its directors, officers, employees or other indemnitees, unless (A) the Board authorized the Proceeding (or any part of any Proceeding) prior to its initiation or (B) the Company provides the indemnification or hold harmless payment, in its sole discretion, pursuant to the powers vested in the Company under applicable law.
Exclusions and Limitations. The Limited Warranty does not apply to any of the following:
a) PV Modules subjected to: (i) misuse, abuse, neglect or accident; (ii) alteration or improper installation (improper installation includes, without limitation, installation or array that does not comply with all Maxeon Solar installation instructions and operations and maintenance instructions of any type (as may be amended and updated from time to time at Maxeon Solar’s sole discretion), and all national, state, and local laws, codes, ordinances, and regulations); (iii) repair or modification by someone other than an approved service technician of Maxeon Solar; (iv) conditions exceeding the voltage, wind, snow load specifications; and any other operational specification; (v) power failure surges, lightning, flood, or fire; (vi) damage from persons, biological activity, or industrial chemical exposure; (vii) glass breakage from impact or other events outside Maxeon Solar’s control.
b) Cosmetic effects stemming from normal wear and tear of PV Module materials or other cosmetic variations which do not cause power output lower than what is guaranteed by the Limited Warranty. Normal wear and tear of PV Module materials can include, but is not limited to, fading of frame color, weathering of glass coatings, and areas of discoloration around or over individual solar cells or any part of the PV Module.
c) PV Modules installed in locations, which in Maxeon Solar’s absolute judgment may be subject to direct contact with bodies of salt water.
d) PV Modules for which the labels containing product type or serial number have been altered, removed or made illegible.
e) PV Modules which have been moved from their original installation location without the express written approval of Maxeon Solar.
f) PV Modules which have been installed on single‐family homes or semi‐detached homes, including but not limited to duplexes and townhomes. For clarity, apartment and condominiums are not excluded. Maxeon Solar shall not be held responsible or liable to the customer or any third‐party arising out of any non‐performance or delay in performance of any terms and conditions of sale, including this Limited Warranty, due to acts of God, war, riots, strikes, fire, flood or any other cause or circumstance beyond the reasonable control of Maxeon Solar.
Exclusions and Limitations. Unless otherwise shown below, these exclusions apply to You, Your Traveling Companion, Family Member, Pet or Service Animal scheduled and booked to travel with You. We will not pay for any loss or expense caused due to, arising or resulting from:
Exclusions and Limitations. This policy does not provide coverage or benefits for any of the following: