Warranty and Support Exclusions Sample Clauses

The "Warranty and Support Exclusions" clause defines the limitations and boundaries of any warranties or support obligations provided under the agreement. It typically specifies which products, services, or circumstances are not covered by the standard warranty or support, such as damages resulting from misuse, third-party modifications, or use outside specified parameters. By clearly outlining what is excluded, this clause helps manage expectations and reduces the risk of disputes over support or warranty claims that fall outside the agreed scope.
Warranty and Support Exclusions inContact will not be liable under its limited warranty for, or obligated to correct as part of Support Services, any nonconformity resulting from: 3.3.1. the mishandling, abuse, misuse, tampering, improper storage, accident, negligence, theft, vandalism, fire, flood, water, wind, damage to equipment or telephone lines due to pests or domestic animals or theft or loss, acts of God, acts of terror or vandalism, or other causes beyond the control of inContact; 3.3.2. conditions outside of specifications, including but not limited to wiring, voice and data network architecture, electrical power, temperature, humidity or dust; 3.3.3. failure of Customer telecommunications equipment and/or software; 3.3.4. any cause other than normal use; 3.3.5. installation or alteration by someone other than inContact , its employees or agents; 3.3.6. use contrary to the instructions of inContact ; 3.3.7. use of the Software or Hardware with computer systems, communications devices and/or ACD/PBX platforms other than those in use at the time of installation, or alterations to any such system or its configuration other than as recommended by inContact .
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Warranty and Support Exclusions. Provider warranties and Support Services obligations shall not apply to any Customer claims resulting from (i) any nonconformance that Provider cannot recreate after exercising reasonable efforts in an attempt to do so; (ii) misuse or use of a Software Product, Service or Deliverable in a manner not contemplated by its Documentation (including unauthorized distribution to a third party); (iii) any modification made by any party other than Provider, a Provider Affiliate, or its or their personnel; (iv) third-party software, hardware, or services, including Customer’s use of a Software Product, Service or Deliverable in combination with third-party software, hardware, or services not provided by Provider whether or not specified as compatible by Provider in applicable Documentation; (v) Customer’s failure to promptly implement or allow the implementation of new releases made available by Provider or to follow Provider instructions in their implementation; or (vi) a virus or similar malicious code not introduced by Provider.
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Warranty and Support Exclusions. Provider warranties and Support Services obligations shall not apply to any Customer claims resulting from (i) any nonconformance that Provider cannot recreate after exercising reasonable efforts in an attempt to do so; (ii) misuse or use of a Software Product, Service or Deliverable in a manner not contemplated by its Documentation (including unauthorized distribution to a third party); (iii) any modification made by any party other than Provider, a Provider Affiliate, or its or their personnel; (iv) Customer’s use of a Software Product, Service or Deliverable in combination with software or hardware not provided by Provider whether or not specified as compatible by Provider in applicable Documentation; (v) Customer’s failure to promptly implement new releases made available by Provider or to follow Provider instructions in their implementation; or (vi) a virus or similar malicious code not introduced by Provider.
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Warranty and Support Exclusions. RAVENii's warranties and Support obligations will not apply to any claims resulting from (i) any non-conformance that RAVENii cannot recreate after exercising reasonable efforts in an attempt to do so; (ii) misuse or use of a Product, Service, or Deliverable in a manner not contemplated by its Documentation; (iii) a modification made by any party other than RAVENii; (iv) Customer's use of a Product, Service, or Deliverable in combination with software or hardware not provided by RAVENii or specified as compatible by RAVENii; (v) Customer's failure to promptly implement new releases made available by RAVENii or to follow RAVENii instructions in their implementation; or (vi) a virus or similar malicious code not introduced by RAVENii.
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Warranty and Support Exclusions. Except for the warranties herein, Services are provided AS IS with no warranties, express or implied. TrueCommerce warranties and Support Services shall not apply to any Client claims resulting from (i) any nonconformance that TrueCommerce cannot recreate after exercising reasonable efforts in an attempt to do so;
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Warranty and Support Exclusions. HighJump warranties and Support Services obligations shall not apply to any Customer claims resulting from (i) any nonconformance that HighJump cannot recreate after exercising reasonable efforts in an attempt to do so; (ii) misuse or use of a HighJump Software Product, Service or Deliverable in a manner not contemplated by its Documentation (including unauthorized distribution to a third party); (iii) any modification made by any party other than HighJump, a HighJump Affiliate, or their personnel; (iv) Customer’s use of a HighJump Software Product, Service or Deliverable in combination with software or hardware not provided by HighJump or specified as compatible by HighJump in applicable Documentation; (v) Customer’s failure to promptly implement new releases made available by HighJump or to follow HighJump instructions in their implementation; or (vi) a virus or similar malicious code not introduced by HighJump.
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Warranty and Support Exclusions. Provider warranties and Support Services obligations shall not apply to any Customer claims resulting from (i) any nonconformance that Provider cannot recreate after exercising reasonable efforts in an attempt to do so;
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Related to Warranty and Support Exclusions

  • Warranty Exclusions The Limited Warranty in clauses 1.2 and 1.3 does not apply: a) if the Product was not purchased and installed in Australia; b) if You do not grant BYD or BYD Partner access to the performance data of the Product over the Internet upon request after reporting the warranty claim and/or manipulate such data; c) to wear and tear in the appearance of the Product (including but not limited to any scratches, stains, mechanical wear, rust or mould) which does not impair its function; d) to any damage to property or personal injury arising from any defect if the state of scientific and technical knowledge at the time when the Product is sold to Original Buyer was not such as to enable the defect to be discovered; e) if the invoice for the Product and the information listed in clause 4 below is not provided with the warranty claim; or f) if the serial number on the Product can no longer be identified or has been modified.

  • Warranty Disclaimers WE ARE LEASING THE EQUIPMENT TO YOU “AS-IS.” YOU HAVE SELECTED SUPPLIER AND THE EQUIPMENT BASED UPON YOUR OWN JUDGMENT. IN THE EVENT WE ASSIGN THIS AGREEMENT, OUR ASSIGNEE DOES NOT TAKE RESPONSIBILITIES FOR THE INSTALLATION OR PERFORMANCE OF THE EQUIPMENT. SUPPLIER IS NOT AN AGENT OF OURS AND WE ARE NOT AN AGENT OF SUPPLIER, AND NOTHING SUPPLIER STATES OR DOES CAN AFFECT YOUR OBLIGATIONS HEREUNDER. YOU WILL MAKE ALL PAYMENTS UNDER THIS AGREEMENT REGARDLESS OF ANY CLAIM OR COMPLAINT AGAINST ANY SUPPLIER, LICENSOR OR MANUFACTURER, AND ANY FAILURE OF A SERVICE PROVIDER TO PROVIDE SERVICES WILL NOT EXCUSE YOUR OBLIGATIONS TO US UNDER THIS AGREEMENT. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, OF, AND TAKE ABSOLUTELY NO RESPONSIBILITY FOR, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, CONDITION, QUALITY, ADEQUACY, TITLE, DATA ACCURACY, SYSTEM INTEGRATION, FUNCTION, DEFECTS, INFRINGEMENT OR ANY OTHER ISSUE IN REGARD TO THE EQUIPMENT, ANY ASSOCIATED SOFTWARE AND ANY FINANCED ITEMS. SO LONG AS YOU ARE NOT IN DEFAULT UNDER THIS AGREEMENT, WE ASSIGN TO YOU ANY WARRANTIES IN THE EQUIPMENT GIVEN TO US.

  • Intellectual Property Warranty and Indemnification Contractor represents and warrants that any materials or deliverables, including all Deliverable Materials, provided under this Contract are either original, or not encumbered, and do not infringe upon the copyright, trademark, patent or other intellectual property rights of any third party, or are in the public domain. If Deliverable Materials provided hereunder become the subject of a claim, suit or allegation of copyright, trademark or patent infringement, City shall have the right, in its sole discretion, to require Contractor to produce, at Contractor’s own expense, new non-infringing materials, deliverables or works as a means of remedying any claim of infringement in addition to any other remedy available to the City under law or equity. Contractor further agrees to indemnify, defend, and hold harmless the City, its officers, employees and agents from and against any and all claims, actions, costs, judgments or damages, of any type, alleging or threatening that any Deliverable Materials, supplies, equipment, services or works provided under this contract infringe the copyright, trademark, patent or other intellectual property or proprietary rights of any third party (Third Party Claim of Infringement). If a Third Party Claim

  • Product Warranty and Product Liability Schedule 3.20 contains true, correct and complete copies of each of Company's and the Subsidiaries' standard product warranty or warranties (as hereinafter defined) in effect as of the date of this Agreement. Schedule 3.20 sets forth a true, correct and complete list of customer complaints for each of the four (4) preceding fiscal years. Schedule 3.20 contains a description of all product liability claims and similar Litigation relating to products manufactured or sold, or services rendered, which are presently pending or which, to VENA's knowledge, are threatened (whether or not covered by insurance). There are no defects in design, construction or manufacture of Products manufactured since January 1, 2000 which would materially adversely affect performance or create an unusual risk of injury to persons or property. None of the Products manufactured since January 1, 2000 has been the subject of any replacement, field fix, retrofit, modification or recall campaign by Company or any of the Subsidiaries and, to VENA's knowledge, no facts or conditions exist which could reasonably be expected to result in such a recall campaign. The Products have been designed and manufactured so as to meet and comply with all publicly available governmental standards and specifications in effect when they were designed or manufactured. The Products manufactured since January 1, 2000 have received all governmental approvals necessary to allow their sale and use. None of the Products manufactured, installed, fabricated, sold, supplied, produced, distributed, released, marketed or disposed of within Mexico, in each case prior to the Closing Date, by Company or any of the Subsidiaries contains or has contained or includes or has included asbestos in any manner or respect; provided, however, that VENA makes no representation or warranty with respect to (i) any claims alleging exposure to Products that contain or include, or have contained or included, asbestos that are brought in any jurisdiction other than Mexico and (ii) the subsequent manufacture, installation, fabrication, sale, supply, production, distribution, release, marketing, disposal or other use of the Products, or any exposure in connection therewith, outside of Mexico by any third parties. As used in this Section 3.20, the term "

  • Specific Exclusions Apart from the exclusions common to all covers, the following are also excluded. We do not intervene for: EMERGENCY SUITCASE DOMESTIC HELP DELIVERY OF HOUSEHOLD SHOPPING PSYCHOLOGICAL SUPPORT UPON YOUR RETURN HOME To allow us to intervene under the best conditions, remember to prepare the following information that will be requested when you call: When you call initially, you will be given an assistance file number. State it systematically during any subsequent contacts with our Assistance Service. - the policy came with the purchase of goods or a service sold by a supplier; - you can show that you are already covered for one of the risks covered by this new policy; - the policy you wish to cancel has not been fully established; - you have not declared any loss covered by this policy. In this situation, you can exercise your right to cancel this policy by letter or in any lasting medium sent to the insurer of the new policy, together with documentary proof that you already have cover for one of the risks covered by this new policy. The insurer must reimburse you the premium paid within thirty days of your cancellation. If you wish to cancel your policy but do not meet all the above conditions, please check the cancellation procedure stipulated in your policy.