Common use of EXCLUSIONS FROM WARRANTY Clause in Contracts

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 ▇▇▇▇▇ 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.

Appears in 2 contracts

Sources: Terms and Conditions of Sale, Terms and Conditions of Sale

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 ▇▇▇▇▇ Buyer 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.

Appears in 1 contract

Sources: Terms and Conditions of Sale

EXCLUSIONS FROM WARRANTY. Multitest's ’s obligation under this Section 12 shall not apply to items sold by Multitest to Buyer which have been (a) altered by ▇▇▇▇▇ Buyer 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.

Appears in 1 contract

Sources: Asset Purchase Agreement (Xcerra Corp)