Common use of Advance Exchange Program Clause in Contracts

Advance Exchange Program. Under the terms of MyImagine Care Service Agreement, Seller provides an advance exchange program (“Advance Exchange Program”). The MyImagine Care program seller targets shipment within five (5) business days and Imagine Care plus within 24 hours. Under the Advance Exchange Program, subject to the terms and conditions set forth below, Seller will ship replacement Equipment or Components, in advance, from a service center in exchange for the Customer’s defective Equipment or Components. Only Equipment or Components that are being manufactured by Seller at the time of the request and that have discrete identifiable serial numbers, that contain serialized modules that can be shipped as a complete module are eligible for the Advance Exchange Program and/or are otherwise eligible for the Advance Exchange Program (as determined by Seller in its sole discretion). Subject to availability of stock on hand, Seller will use commercially reasonable efforts to ship Advance Exchange Equipment or Components with the same model number as the defective Equipment or Components to an express carrier selected by Seller within the time period specified above, depending on the time of the Customer’s call. Seller will use commercially reasonable efforts to supply Equipment or Components from the geographical region of the Customer’s site, so as to minimize freight and duty. Seller will be responsible for all shipment charges for all replacement Equipment and Components under the Advance Exchange Program; the Customer shall be solely responsible for all other charges, including without limitation, duties, taxes, and customs clearance charges, for all replacement Equipment or Components under the Advance Exchange Program. Seller bears the risk of loss or damage while the Equipment or Component(s) is in transit to the Customer from the Seller service center, and the Customer bears the risk of loss or damage while the Equipment or Component(s) is in transit back to the Seller service center.