Common use of EXCLUSIONS FROM WARRANTY Clause in Contracts

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.

Appears in 3 contracts

Sources: Manufacturing Services Agreement (Soliton, Inc.), Receivables Purchase Agreement (Sanmina-Sci Corp), Manufacturing Services Agreement (Netezza Corp)

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 Specification inadequacies, failures relating to the functioning of Products in the manner for the intended purpose or in the specific CUSTOMERcustomer'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 designated by CUSTOMER or (d) defective CUSTOMER-provided test equipment or test software. CUSTOMER bears all design responsibility for the Product.

Appears in 2 contracts

Sources: Manufacturing Services Agreement (Intraop Medical Corp), Manufacturing Services Agreement (Intraop Medical Corp)

EXCLUSIONS FROM WARRANTY. This warranty does not include Products that have defects or failures resulting from (a) CUSTOMER's ’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 ’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.

Appears in 1 contract

Sources: Manufacturing Services Agreement (Acacia Communications, Inc.)

EXCLUSIONS FROM WARRANTY. This warranty does not include Products that have defects or failures resulting from (a) CUSTOMER's ’s unmodified design of Products including, but not limited to, design functionality failures, specification inadequacies, failures relating to the functioning of Products in the a manner other than for the intended purpose or in the specific CUSTOMER's end user’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 related warranty responsibility for the Product.

Appears in 1 contract

Sources: Manufacturing Services Agreement (Overland Storage Inc)