Malfunction Sample Clauses

Malfunction a malfunction is deemed to have occurred where a Service (mentioned in the relevant Agreement) is not available and Basecone cannot be held culpable for this. A Malfunction only exists where the Client can show this to be the case;
Malfunction. 4.1. In the event of a Malfunction to Plant and Equipment, the Hirer shall immediately notify General Crane Services. Under no circumstances shall the Hirer commence any works to repair the Plant and Equipment without the written consent of General Crane Services.
Malfunction. Capitol shall not be responsible or liable for any losses, direct or indirect, or any consequential damages arising from any malfunction of processing equipment due to Acts of God, natural disasters, power failures, third party processors or equipment malfunction, causing the processing of services contemplated in this Schedule 3.2 to Bank to be delayed. Capitol warrants that it will take all reasonable steps to avoid such interruptions, and shall make every reasonable attempt to restore services contemplated in this Schedule 3.2 as quickly as possible following any such interruptions.
Malfunction. If the Service malfunctions and You should have been aware that Our Service was unavailable or malfunctioning, We will only be responsible for correcting errors in Your accounts and refunding any associated fees or charges.
Malfunction. As with any home, it is not possible to guarantee that utilities, appliances or amenities will not malfunction. Should a problem arise, we will make every effort to correct it as soon as possible. Non-­‐ emergency issues will be handled during normal business hours. Repair, cleaning and maintenance problems must be brought to Owner's attention within 4 hours of occupancy or occurrence or Guest will be held liable for all such damages or repairs. Simply notifying the Owner of a problem during the 4-­‐hour period does not entitle the Guest to any refunds whatsoever, nor the right to terminate this agreement
Malfunction. In the event of the Malfunction of an D.F.O., the Parties will consult without delay, at the request of the OPERATOR, in order to determine the cause of the Malfunction and to set the lead time for intervention and the duration of the Interruption to Service that may be necessary. If the Malfunction is not the fault of the OPERATOR, this Interruption to Service, if it is required, will be kept to a minimum and may not exceed ##MATERIAL OMITTED AND SEPARATELY FILED UNDER A REQUEST FOR CONFIDENTIAL TREATMENT## hours. If ##MATERIAL OMITTED AND SEPARATELY FILED UNDER A REQUEST FOR CONFIDENTIAL TREATMENT## has mot remedied a Malfunction for which it is responsible under the conditions agreed between the Parties, the OPERATOR will be exempted from payment of the licence fees relating to the shortest continuous body of Sections affected by the Malfunction, between two Extremities of the Network leased to the OPERATOR by ##MATERIAL OMITTED AND SEPARATELY FILED UNDER A REQUEST FOR CONFIDENTIAL TREATMENT##, for the surplus duration of the aforementioned agreed conditions.
Malfunction. We are liable to you for losses you suffer caused by the failure of our systems to complete a transaction, by use of your access code or password, accepted by the system in accordance with your instructions. However, we will not be liable for consequential losses where you should have been aware that the system was unavailable for use or malfunctioning. In this case, we will have a limited responsibility to correct any error in your facility account and the refund of any charges or fees imposed on you as a result relating to the transaction that was not completed. We are not liable for any loss caused by the failure of our systems to accept the transaction.

Related to Malfunction

Epidemic Failure In the event that CONTRACTUAL PRODUCTS under warranty have the same or similar functional defect during a time period of three (3) months and the number of defected CONTRACTUAL PRODUCTS exceed [***] of the quantity delivered within this time period, this [***] = CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. shall be an “Epidemic Failure” as mentioned in the following. The term “Epidemic Failure” shall exclusively apply to delivered CONTRACTUAL PRODUCTS with a number of pieces of more than ten thousand (>10.000) during three (3) months. If either CONTRACTUAL PARTY learns of the existence or likely existence of an Epidemic Failure, then such CONTRACTUAL PARTY will inform the other CONTRACTUAL PARTY as soon as possible. The CONTRACTUAL PARTIES shall then work together to jointly devise a containment action plan. As soon thereafter as reasonably possible, the CONTRACTUAL PARTIES will develop a corrective action plan to remedy the Epidemic Failure. Phoenix Contact shall use its best efforts to implement such remedy as quickly as possible at Phoenix Contact’s own expense, which efforts shall include receiving all shipments of affected Product back (freight collect), repairing or replacing all such affected Products in accordance with the agreed remedy devised by the Parties, shipping the repaired or replaced Products back to ENPHASE at Phoenix Contact’s expense, and implementing the agreed remedy in all newly manufactured Products. Phoenix Contact shall be responsible for the reasonable following costs and expenses actually incurred and substantiated as a result of all aspects of implementing the agreed remedy on the affected Products: reasonable costs of the retrieval, packing, shipping and transportation of such Products, and the re-deployment of repaired or replacement Products (including all labor, consulting, contractor and the like charges, incurred by ENPHASE, only if Phoenix Contact has agreed in writing that ENPHASE is allowed to do the aforementioned activities). For the avoidance of doubt all damages defined in Article 11.4 shall be direct damages and shall be subject to Article 14.2.
Electrical Provide drawings for the following systems: