ARTICLE 5. EXCLUSIONS
5.1. INGENICO shall not be obliged to provide the Services in this Agreement if:
5.1.1. the defect are created in the following circumstances:
- Defects breakdown or malfunction due to failure to properly follow the installation process and instructions for use or an external cause to the Equipment (including but not limited to shock, lightening fire, vandalism, malicious action, contacts with various liquids or vermin or water damage of any nature, inappropriate electric voltage), or modifications to the Equipment made without the written approval of INGENICO; or a lack of every day maintenance (as described in the documentation supplied with the Equipment) or to a lack of supervision or care, or improper storage or poor environmental conditions, particularly those related to temperature and hygrometry effects of variations of electric voltage from the electric network or from the earth or repair, work (opening or attempt to open the equipment) or maintenance of the Equipment by persons not authorised by INGENICO;
- Damage due to insufficient or bad packaging of Equipment when returned to INGENICO;
- Wear and tear from normal daily use of the Equipment and its accessories;
- Telecommunication problems related to an unsuitable environment;
- Work in connection with normal use: delivery, installation or exchange of consumable supplies;
- Work on any Equipment modified or added without the consent of INGENICO;
- Malfunction due to the use of products, consumables or accessories which are non-compatible with the Equipment;
- Equipment returned to Ingenico without its prior consent;
- Opening or locking of an operator's SIM key and work due to the non-functioning of the Equipment caused by the opening or locking of an operator's SIM key earned out without the original operator's approval;
- Defects from materials supplied or chosen by CUSTOMER or from a design imposed by CUSTOMER; or
5.1.2. CUSTOMER fails to perform any of its material obligations under the Agreement.
5.2. INGENICO may, without liability upon providing as much notice as is reasonably practicable to CUSTOMER, suspend the Services at any time if:
5.2.1. INGENICO is required to do so to comply with an order, instruction or request of a regulator, an emergency services organisation or any other competent authority; and
5.2.2. CUSTOMER is engaging in fraudulent or unauthorised use for which INGENICO has reasonable evidence of such fraudulent or unauthorised activity taking place.