Common use of Defective Product Clause in Contracts

Defective Product. (a) Tesla will at its expense and at no further cost to ViewRay replace Products that do not conform to the applicable warranties specified in Section 7.2 during the applicable warranty period specified therein using the procedure specified in this Section 3.9. ViewRay will notify Tesla in writing of any alleged defect of Product, will request a Return Material Authorization (“RMA”) number and will within 30 days of receipt of such RMA number return such Product to Tesla freight prepaid and properly insured, along with a reasonably detailed statement of the claimed defect and proof of date of purchase. Such notice and statement may be sent to an email address provided by Tesla, which will initially be [***] with a copy to [***]. Tesla will use Commercially Reasonable Efforts to deliver replacement Product to ViewRay or its designated customer freight prepaid and properly insured with earliest delivery which can be obtained subject to sub Tesla and/or Tesla availability of said parts; provided, that for those Product components that are the subject of Section 3.9(b), ViewRay may elect to use the procedure described in Section 3.9(b) to replace the applicable Product components. In the event that Tesla reasonably determines that any allegedly nonconforming Product is in fact not defective (including Product that has been modified, misused, abused or the subject of unauthorized repair), Tesla will notify ViewRay in writing and ViewRay will reimburse Tesla for all reasonable costs and expenses related to the inspection, the cost of the replacement Product (if any), and the cost of the return of such Product to ViewRay (if applicable). ViewRay will only return Products to Tesla with Tesla’s prior written approval. If ViewRay disputes Tesla’s determination that a Product is not defective, the dispute will be discussed and resolved using the procedure provided in Section 10.2.

Defective Product. (a) Tesla MSC will at its expense and at no further cost to ViewRay replace Products that do not conform to the applicable warranties specified in Section 7.2 during the applicable warranty period specified therein using the procedure specified in this Section 3.9. ViewRay will notify Tesla MSC in writing of any alleged defect of Product, will request a Return Material Authorization (“RMA”) number and will within 30 days of receipt of such RMA number return such Product to Tesla MSC freight prepaid and properly insured, along with a reasonably detailed statement of the claimed defect and proof of date of purchase. Such notice and statement may be sent to an email e-mail address provided by TeslaMSC, which will initially be [***] with a copy to [***]. Tesla MSC will use Commercially Reasonable Efforts to deliver replacement Product to ViewRay or its designated customer freight prepaid and properly insured with earliest delivery which can be obtained subject to sub Tesla MSC and/or Tesla MSC availability of said parts; provided, that for those [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. Product components that are the subject of Section 3.9(b), ViewRay may elect to use the procedure described in Section 3.9(b) to replace the applicable Product components. In the event that Tesla MSC reasonably determines that any allegedly nonconforming Product is in fact not defective (including Product that has been modified, misused, abused or the subject of unauthorized repair), Tesla MSC will notify ViewRay in writing and ViewRay will reimburse Tesla MSC for all reasonable costs and expenses related to the inspection, the cost of the replacement Product (if any), and the cost of the return of such Product to ViewRay (if applicable). ViewRay will only return Products to Tesla MSC with TeslaMSC’s prior written approval. If ViewRay disputes TeslaMSC’s determination that a Product is not defective, the dispute will be discussed and resolved using the procedure provided in Section 10.2.

Defective Product. (a) Tesla MSC will at its expense and at no further cost to ViewRay replace Products that do not conform to the applicable warranties specified in Section 7.2 during the applicable warranty period specified therein using the procedure specified in this Section 3.9. ViewRay will notify Tesla MSC in writing of any alleged defect of Product, will request a Return Material Authorization (“RMA”) number and will within 30 days of receipt of such RMA number return such Product to Tesla MSC freight prepaid and properly insured, along with a reasonably detailed statement of the claimed defect and proof of date of purchase. Such notice and statement may be sent to an email e-mail address provided by TeslaMSC, which will initially be [***] with a copy to [***]. Tesla MSC will use Commercially Reasonable Efforts to deliver replacement Product to ViewRay or its designated customer freight prepaid and properly insured with earliest delivery which can be [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. obtained subject to sub Tesla MSC and/or Tesla MSC availability of said parts; provided, that for those Product components that are the subject of Section 3.9(b), ViewRay may elect to use the procedure described in Section 3.9(b) to replace the applicable Product components. In the event that Tesla MSC reasonably determines that any allegedly nonconforming Product is in fact not defective (including Product that has been modified, misused, abused or the subject of unauthorized repair), Tesla MSC will notify ViewRay in writing and ViewRay will reimburse Tesla for all reasonable costs and expenses [***] related to the inspection[***], the cost of the replacement Product (if any)[***], and the cost of the return of such Product to ViewRay [***] (if applicable). ViewRay will only return Products to Tesla MSC with TeslaMSC’s prior written approval. If ViewRay disputes TeslaMSC’s determination that a Product is not defective, the dispute will be discussed and resolved using the procedure provided in Section 10.2.

Defective Product. (a) Tesla MSC will at its expense and at no further cost to ViewRay replace Products that do not conform to the applicable warranties specified in Section 7.2 during the applicable warranty period specified therein using the procedure specified in this Section 3.9. ViewRay will notify Tesla MSC in writing of any alleged defect of Product, will request a Return Material Authorization (“RMA”) number and will within 30 days [***] of receipt of such RMA number return such Product to Tesla freight prepaid and properly insuredMSC [***], along with a reasonably detailed statement of the claimed defect and proof of date of purchase. Such notice and statement may be sent to an email e-mail address provided by TeslaMSC, which will initially be [***] with a copy to [***]. Tesla MSC will use Commercially Reasonable Efforts to deliver replacement Product to ViewRay or its designated customer freight prepaid and properly insured [***] with earliest delivery which can be obtained subject to sub Tesla MSC and/or Tesla MSC availability of said parts; provided, that for those Product components that are the subject of Section 3.9(b), ViewRay may elect to use the procedure described in Section 3.9(b) to replace the applicable Product components. In the event that Tesla MSC reasonably determines that any allegedly nonconforming Product is in fact not defective (including Product that has been modified, misused, abused or the subject of unauthorized repair), Tesla MSC will notify ViewRay in writing and ViewRay will reimburse Tesla for all reasonable costs and expenses [***] related to the inspection[***], the cost of the replacement Product (if any)[***], and the cost of the return of such Product to ViewRay [***] (if applicable). ViewRay will only return Products to Tesla MSC with TeslaMSC’s prior written approval. If ViewRay disputes TeslaMSC’s determination that a Product is not defective, the dispute will be discussed and resolved using the procedure provided in Section 10.2.

Defective Product. (a) Tesla will at its expense and at no further cost to ViewRay replace Products that do not conform to the applicable warranties specified in Section 7.2 during the applicable warranty period specified therein using the procedure specified in this Section 3.9. ViewRay will notify Tesla in writing of any alleged defect of Product, will request a Return Material Authorization (“RMA”) number and will within 30 days [***] of receipt of such RMA number return such Product to Tesla freight prepaid and properly insured[***], along with a reasonably detailed statement of the claimed defect and proof of date of purchase. Such notice and statement may be sent to an email address provided by Tesla, which will initially be [***] with a copy to [***]. Tesla will use Commercially Reasonable Efforts to deliver replacement Product to ViewRay or its designated customer freight prepaid and properly insured with earliest delivery which can be obtained subject to sub Tesla and/or Tesla availability of said parts; provided, that for those Product components that are the subject of Section 3.9(b), ViewRay may elect to use the procedure described in Section 3.9(b) to replace the applicable Product components. In the event that Tesla [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. reasonably determines that any allegedly nonconforming Product is in fact not defective (including Product that has been modified, misused, abused or the subject of unauthorized repair), Tesla will notify ViewRay in writing and ViewRay will reimburse Tesla for all reasonable costs and expenses [***] related to the inspection[***], the cost of the replacement Product (if any)[***], and the cost of the return of such Product to ViewRay [***] (if applicable). ViewRay will only return Products to Tesla with Tesla’s prior written approval. If ViewRay disputes Tesla’s determination that a Product is not defective, the dispute will be discussed and resolved using the procedure provided in Section 10.2.

Defective Product. (a) Tesla will at its expense and at no further cost to ViewRay replace Products that do not conform to the applicable warranties specified in Section 7.2 during the applicable warranty period specified therein using the procedure specified in this Section 3.9. ViewRay will notify Tesla in writing of any alleged defect of Product, will request a Return Material Authorization (“RMA”) number and will within 30 days of receipt of such RMA number return such Product to Tesla freight prepaid and properly insured, along with a reasonably detailed statement of the claimed defect and proof of date of purchase. Such notice and statement may be sent to an email address provided by Tesla, which will initially be [***] with a copy to [***]. Tesla will use Commercially Reasonable Efforts to deliver replacement Product to ViewRay or its designated customer freight prepaid and properly insured with earliest delivery which can be obtained subject to sub Tesla and/or Tesla availability of said parts; provided, that for those Product components that are the subject of Section 3.9(b), ViewRay may elect to use the procedure described in Section 3.9(b) to replace the applicable Product components. In the event that Tesla reasonably determines that any allegedly nonconforming Product is in fact not defective (including Product that has been modified, misused, abused or the subject of unauthorized repair), Tesla will notify ViewRay in writing and ViewRay will reimburse Tesla for all reasonable costs and expenses [***] related to the inspection[***], the cost of the replacement Product (if any)[***], and the cost of the return of such Product to ViewRay [***] (if applicable). ViewRay will only return Products to Tesla with Tesla’s prior written approval. If ViewRay disputes Tesla’s determination that a Product is not defective, the dispute will be discussed and resolved using the procedure provided in Section 10.2.