Guarantee Exclusions Clause Samples

Guarantee Exclusions. 18.1 The Seller will not be responsible in case the Purchaser or the final customer have not stored and taken care of the Products in an appropriate way or anyway in conformity with the possible recommendations supplied by the Seller for the use and maintenance of the products that the Purchaser declares to know well. 18.2 The Purchaser looses the right to the guarantee, if the complained failures result caused by: force majeure causes; the same Purchaser, its dependents, or third parties; from wrong installation; inexperience in the running of the machinery; wrong or anomalous use; bad or omitted maintenance; repairing, replacements and modifications executed without the authorization of the Seller. 18.3 The Purchaser looses the right to the guarantee also if he does not allow any possible check requested by the Seller or if, upon the Seller’s request, The Purchaser does not return the Product or its faulty component within ten days from the request. 18.4 All the electrical parts and the ones that due to their nature or use are subject to inevitable wear and tear are excluded from the guarantee. 18.5 Except different written agreement, no guarantee is released by the Seller regarding the conformity of the Products with the standards and regulations of any nature, expressly including also the safety and accident-prevention standards, in force in the Country of the Purchaser, if different from those in force in Italy. 18.6 The Seller will have no obligation to adapt the Products, after the sale, to the standards that came into force successively. 18.7 However, without prejudice for what above-mentioned, the Purchaser has the obligation to inform the Seller about the existence, the precise content, and the right standards reference of binding laws in force in its Country, regarding the Products or their packing. 18.8 In no case, the Purchaser can compensate the price of the goods through possible credits he has with Seller. 18.9 The Purchaser declares to be aware of the fact that the Products can be dangerous for the people or the property if not installed or used in full conformity with the assembling and use instructions supplied by the Seller. 18.10 The Seller is not responsible for any damage caused by the installation or use of the Products not in conformity with the instructions supplied by the same Seller o by the installation of the Products with other products or devices, even if regarding safety, not produced or supplied by the Seller.
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Guarantee Exclusions. Intl. The seller does not guarantee nor make any guarantees for Entropion. Ectropion, Cherry Eye, Umbilical Cord Hernias, heart murmurs less than a level 3 (certified by a licensed vet that specializes in cardiology) or anything else that can be either be fixed or does not impact the longevity of the dog’s life. Heart Murmurs ARE covered under guarantee for show/ breeding stock. Cancer: Seller guarantees this puppy will not die from any form of cancer within their first 4 (four) years. Unfortunately cancer is a big problem in all dogs. We have yet to find an exact science or “rhyme or reason” as to what causes the specific cancers in this breed. For this reason we cannot confirm that any cancer is specifically hereditary or congenital. The seller MUST be notified in writing through email or regular mail before such dog is put to sleep or all guarantees are null and void. NO EXCEPTIONS!!! Seller has the right to request a second opinion at buyer’s expense. Seller requires a veterinarians report with the current condition of the dog at that time. This report must include dog’s weight, and overall appearance, and must also include that there are no findings of abuse or neglect. The seller is NOT responsible for vet bills that were to be incurred for any reason whatsoever. The seller is NOT responsible for replacement or loss of life due to an accident or injury that the dog incurs in its lifetime; this includes problems that may occur years after an accident or injury as well as any accident or injury that can mimic the same signs as anything congenital. VET RECORDS FOR THE ENTIRE LIFESPAN OF THE DOG MUST BE SENT TO SELLER IN THIS CASE! Intl. NuVet is a chewable wafer that your puppy enjoys daily as a treat and is vital to the development of his immune system, especially during his/her first years, but nutritionally beneficial for life. In addition to building his/her immunity it also helps him/her develop a healthy coat, fight off allergies, and prevent many of the health issues that are not covered by vaccines, whereby extending your dog’s longevity. THIS IS A HUGE HELP IN PREVENTING THE VERY THINGS THAT CAN COST YOU THOUSANDS IN VET BILLS!!!! NuVet is required for your pup’s lifetime guarantee. If you choose NOT to keep your puppy on NuVet for its lifetime, you will fall under all these terms of the contract and receive the hip & health guarantee for a period of 2 (two) years instead of a lifetime guarantee. Be sure to order this supplement before picking ...
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Guarantee Exclusions. Prescription Drug Claims for OTCs, compounds, U&C on brand claims, Member Submitted Claims, Subrogation Claims, vaccines, Specialty Products, biosimilar products, long term care pharmacy claims, home infusion, I/T/U, IHS, and products filled through in-house or 340b pharmacies (if applicable) shall be excluded from the reconciliation of all guarantees.
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Guarantee Exclusions. 3a The guarantee does not apply: 1) If the defect is due to improper handling or use of the product that does not comply with normal use. 2) If the defect is due to a malfunction caused by incorrect operation and which does not comply with the operating instructions described in the relevant user handbook. 3) If the defect is due to external intervention,unauthorised intervention“, particularly repairs and intervention by people who have not been authorised to do this by Solar MD. 4) If the defect can be traced back to incorrect commissioning of the LoggerV2 that did not comply with the operating instructions described in the relative user handbook. 5) If subsequent faults occur in the LoggerV2 because of incorrect commissioning of the inverters or accessories. 6) If software errors occur in the LoggerV2 as a result of incorrect commissioning that lead to transmission errors, yield losses, error messages not appearing or missing or incorrect displays. 7) If the LoggerV2 is fitted with additional parts and accessories that are not compatible with the unit and do not comply with the original specifications. 8) If the LoggerV2 is damaged or demolished by environmental influences. 9) If the LoggerV2 has been damaged mechanically. 10) If the LoggerV2 housing has been opened. 11) If the LoggerV2 is connected to devices not supported by Solar MD and, as a result, the LoggerV2 and/or the software have been damaged or subsequent damage has occured. 12) Changes that Solar MD or our dealer make after the contract is concluded and which do not impair the performance of the delivered product do not entitle the user to lodge a complaint. Minor deviations from the program description, the data sheets and/or the quality and performance features of the goods do not justify any guarantee claims. 13) Normal wear and tear do not constitute a cause for repair work under guarantee. The warranty does not cover very fragile parts, such as glass or plastic parts. A guarantee obligation does not apply in the event of minor deviations from the intended delivery that don't affect the unit‘s value and suitability for use. A guarantee does not cover damage caused by chemical or electrochemical reactions, by water or in general by damage that can be traced back to an Act of God. e. those defects which cannot be detected immediately even after careful inspection, and which cannot be discovered within a set period of time must be the subject of a complaint communicated to us immediately a...
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Guarantee Exclusions. Prescription Drug Claims for over-the-counter (OTC) products, Direct Member Reimbursement, Subrogation Claims, compounds, vaccines, or other immunizations, supplies and all products filled through pharmacies subject to federal supply schedules shall be excluded from the reconciliation of all guarantees.
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Guarantee Exclusions. The guarantee does not cover: 20.2.1 Use of the Card in a manner which breaks any important term or repeatedly breaks any term of this Agreement; 20.2.2 Lack of care in relation to the storage and/or maintenance of the Card (including extended exposure to direct sunlight, exposure to water or high humidity and repeated contact with metal objects such as keys).
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Guarantee Exclusions. The guarantee does not cover the Subject of the Order in the following situations: 1. The Subject of the Order has been stored or transported in an inappropriate manner contrary to the instructions for installation, 2. The wrong components were used in the installation of the Subject of the Order, 3. The Subject of the Order has been installed or operated in a manner inconsistent with its technical conditions and intended use 4. The Subject of the Order has been damaged in a mechanical way, causing a change in geometry, 5. The Subject of the Order has not been installed in accordance with the installation instructions and the applicable technical standards and regulations, 6. The Subject of the Order has been dismantled without the knowledge of the Manufacturer in a manner incompatible with the applicable standards, 7. The Subject of the Order was installed despite the damage caused prior to installation, 8. The Subject of the Order has been installed with modifications not included in the Manufacturer’s construction documentation, or using components not included in this documentation, 9. The Subject of the Order was exposed to extraordinary external influences which caused the maximum strength of the superstructure to be exceeded 10. The Subject of the Order is subject to force majeure (e.g. fire, vandalism),
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Guarantee Exclusions. (a) No claim based on this Guarantee may be brought after the applicable guarantee period (no further separate period of limitation for the claims arising under the Guarantee). Any delivery of additional Product, repair, replacement or refund of the Product by SOLAR FRONTIER does not extend the original term of the applicable guarantee period. (b) This Guarantee will not apply to any Product that has been subject to: (i) failure to follow any instruction by SOLAR FRONTIER, including, but not limited to, the Product Data Sheet, installation manuals and operation manuals; (ii) installation, repair, maintenance or modification by someone other than SOLAR FRONTIER or a service technician approved by SOLAR FRONTIER; (iii) improper wiring, installation or handling, defects or failure caused by devices and/or parts other than the Product; (iv) negligence in transportation or storage, (v) other events that are beyond reasonable control of SOLAR FRONTIER; (vi) abuse, misuse or negligence; (vii) removal from the original place of installment; (viii) installation or use in a mobile or marine environment, including vehicles and vessels; (ix) improper voltage or power surges or abnormal environmental conditions or abnormally altered environmental conditions LPG-E-110114 (x) alteration, removal or defacing of the product number or serial number of the Product; Solar Frontier Europe GmbH · ▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇▇ ▇ · D-82031 Grünwald b.München Tel +49(0)▇▇-▇▇ ▇▇ ▇▇▇-▇ · Fax +49(0)▇▇-▇▇ ▇▇ ▇▇▇-▇▇ · ▇▇▇.▇▇▇▇▇-▇▇▇▇▇▇▇▇.▇▇ (xi) any changes or alterations with respect to the appearance of the Product even if they do not affect the performance or functionality of the Product;
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Guarantee Exclusions 
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Related to Guarantee Exclusions

  • Guarantee Limitations The limitations applicable to the Guarantees, as set forth in Section 209 of the Indenture, will apply to the Guarantees issued hereunder; provided, however, that any further limitations, or any amendments or modifications to such Guarantees or limitations thereon, shall be set forth in an additional supplemental indenture, in each case in accordance with the Indenture.

  • NON-EXCLUSIVITY; SURVIVAL OF RIGHTS; INSURANCE; SUBROGATION; PRIORITY OF OBLIGATIONS (a) The rights of Indemnitee as provided by this Agreement shall not be deemed exclusive of any other rights to which Indemnitee may at any time be entitled under applicable law, the Articles, any agreement, a vote of shareholders or a resolution of directors, or otherwise. No amendment, alteration or repeal of this Agreement or of any provision hereof shall limit or restrict any right of Indemnitee under this Agreement in respect of any Proceeding (regardless of when such Proceeding is first threatened, commenced or completed) or claim, issue or matter therein arising out of, or related to, any action taken or omitted by such Indemnitee in his or her Corporate Status prior to such amendment, alteration or repeal. To the extent that a change in applicable law, whether by statute or judicial decision, permits greater indemnification, hold harmless or exoneration rights or advancement of Expenses than would be afforded currently under the Articles or this Agreement, then this Agreement (without any further action by the parties hereto) shall automatically be deemed to be amended to require that the Company indemnifies the Indemnitee to the fullest extent permitted by law. No right or remedy herein conferred is intended to be exclusive of any other right or remedy, and every other right and remedy shall be cumulative and in addition to every other right and remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other right or remedy. (b) The Articles permit the Company to purchase and maintain insurance or furnish similar protection or make other arrangements including, but not limited to, providing a trust fund, letter of credit, or surety bond (“Indemnification Arrangements”) on behalf of Indemnitee against any liability asserted against him or her or incurred by or on behalf of him or in such capacity as a director, officer, employee or agent of the Company, or arising out of his or her status as such, whether or not the Company would have the power to indemnify him or her against such liability under the provisions of this Agreement and the Articles. The purchase, establishment, and maintenance of any such Indemnification Arrangement shall not in any way limit or affect the rights and obligations of the Company or of Indemnitee under this Agreement except as expressly provided herein, and the execution and delivery of this Agreement by the Company and Indemnitee shall not in any way limit or affect the rights and obligations of the Company or the other party or parties thereto under any such Indemnification Arrangement. (c) To the extent that the Company maintains an insurance policy or policies providing liability insurance for directors, officers, trustees, partners, managers, managing members, fiduciaries, employees, or agents of the Company or of any other Enterprise which such person serves at the request of the Company, Indemnitee shall be covered by such policy or policies in accordance with its or their terms to the maximum extent of the coverage available for any such director, officer, trustee, partner, managers, managing member, fiduciary, employee or agent under such policy or policies. If, at the time the Company receives notice from any source of a Proceeding as to which Indemnitee is a party or a participant (as a witness, deponent or otherwise), the Company has director and officer liability insurance in effect, the Company shall give prompt notice of such Proceeding to the insurers in accordance with the procedures set forth in the respective policies. The Company shall thereafter use commercially reasonable efforts to cause such insurers to pay, on behalf of Indemnitee, all amounts payable as a result of such Proceeding in accordance with the terms of such policies. (d) In the event of any payment under this Agreement, the Company, to the fullest extent permitted by law, shall be subrogated to the extent of such payment to all of the rights of recovery of Indemnitee, who shall execute all papers required and take all action necessary to secure such rights, including execution of such documents as are necessary to enable the Company to bring suit to enforce such rights. No such payment by the Company shall be deemed to relieve any insurer of its obligations. (e) The Company’s obligation to indemnify, hold harmless, exonerate or advance Expenses hereunder to Indemnitee who is or was serving at the request of the Company as a director, officer, trustee, partner, manager, managing member, fiduciary, employee or agent of any other Enterprise shall be reduced by any amount Indemnitee has actually received as indemnification, hold harmless or exoneration payments or advancement of expenses from such Enterprise. Notwithstanding any other provision of this Agreement to the contrary, but subject to Section 27, (i) Indemnitee shall have no obligation to reduce, offset, allocate, pursue or apportion any indemnification, hold harmless, exoneration, advancement, contribution or insurance coverage among multiple parties possessing such duties to Indemnitee prior to the Company’s satisfaction and performance of all its obligations under this Agreement, and (ii) the Company shall perform fully its obligations under this Agreement without regard to whether Indemnitee holds, may pursue or has pursued any indemnification, advancement, hold harmless, exoneration, contribution or insurance coverage rights against any person or entity other than the Company. (f) Notwithstanding anything contained herein, the Company is the primary indemnitor, and any indemnification or advancement obligation of the Sponsor or its affiliates or members or any other Person is secondary.

  • GUARANTEE AND INDEMNITY The Guarantor irrevocably and unconditionally guarantees and undertakes to the Beneficiary to procure that the Supplier duly and punctually performs all of the Guaranteed Obligations now or hereafter due, owing or incurred by the Supplier to the Beneficiary. The Guarantor irrevocably and unconditionally undertakes upon demand to pay to the Beneficiary all monies and liabilities which are now or at any time hereafter shall have become payable by the Supplier to the Beneficiary under or in connection with the Guaranteed Agreement or in respect of the Guaranteed Obligations as if it were a primary obligor. If at any time the Supplier shall fail to perform any of the Guaranteed Obligations, the Guarantor, as primary obligor, irrevocably and unconditionally undertakes to the Beneficiary that, upon first demand by the Beneficiary it shall, at the cost and expense of the Guarantor: fully, punctually and specifically perform such Guaranteed Obligations as if it were itself a direct and primary obligor to the Beneficiary in respect of the Guaranteed Obligations and liable as if the Guaranteed Agreement had been entered into directly by the Guarantor and the Beneficiary; and as a separate and independent obligation and liability, indemnify and keep the Beneficiary indemnified against all losses, damages, costs and expenses (including VAT thereon, and including, without limitation, all court costs and all legal fees on a solicitor and own client basis, together with any disbursements,) of whatever nature which may result or which such Beneficiary may suffer, incur or sustain arising in any way whatsoever out of a failure by the Supplier to perform the Guaranteed Obligations save that, subject to the other provisions of this Deed of Guarantee, this shall not be construed as imposing greater obligations or liabilities on the Guarantor than are purported to be imposed on the Supplier under the Guaranteed Agreement. As a separate and independent obligation and liability from its obligations and liabilities under Clauses 2.1 to 2.3 above, the Guarantor as a primary obligor irrevocably and unconditionally undertakes to indemnify and keep the Beneficiary indemnified on demand against all losses, damages, costs and expenses (including VAT thereon, and including, without limitation, all legal costs and expenses), of whatever nature, whether arising under statute, contract or at common law, which such Beneficiary may suffer or incur if any obligation guaranteed by the Guarantor is or becomes unenforceable, invalid or illegal as if the obligation guaranteed had not become unenforceable, invalid or illegal provided that the Guarantor's liability shall be no greater than the Supplier's liability would have been if the obligation guaranteed had not become unenforceable, invalid or illegal.

  • Guarantee Period The guarantee period is from the effective date of this Contract and ends two years from the expiration of the debt performance term under the Main Contract. In case Party A agrees to extent the debt performance term, the guarantee period ends two years from the expiration of the extended debt performance term under the Main Contract. If Party B announces advanced maturity of debts according to the Main Contract, the guarantee period ends two years from the advanced maturity date of debts announced by Party B. In case the debts under the Main Contract are paid in installments, the guarantee period of each installment is two years from the expiration date of the debt performance term of the last installment.

  • GUARANTEE CONDITIONS 4.1 The performance certification requirements for the Aircraft, except where otherwise noted, will be as stated in Section 02 of the Standard Specification. 4.2 For the determination of JAR take-off and landing performance a hard dry level runway surface with no runway strength limitations, no line-up allowances, no obstacles, zero wind, atmosphere according to ISA, except as otherwise noted, and the use of speed brakes, flaps, landing gear and engines in the conditions liable to provide the best results will be assumed. 4.2.1 When establishing take-off and second segment performance no air will be bled from the engines for cabin air conditioning or anti-icing.