Common use of Duration of Warranty Clause in Contracts

Duration of Warranty. The effectiveness of this Warranty will be: (a) System(s): one (1) year (i.e.: 365 days) from shipment (for System(s) not installed by ZEISS) or from installation by ZEISS or ZEISS’s authorized installer; (b) Labor: thirty (30) days from the completion of the work ((a) and (b) referred to collectively or individually, as applicable, as the “Warranty Period”). What Is Covered: All System(s) will be free from defects in material and workmanship and all Labor will be performed in a xxxxxxx‐like manner. What ZEISS Will Do: ZEISS will, at its sole option, repair or replace any parts it reasonably determines to have failed due to defects in material or workmanship during the Warranty Period. If it is not possible to repair or replace such parts, then ZEISS will refund the prorated value of the item. What is Not Covered: This Warranty does not cover high‐wear, consumable items (e.g.: light bulbs, cover slides). These items, and any third‐party supplied Components (software or hardware) will be covered by their manufacturer’s warranty and arrangements for service or replacement must be made through that manufacturer. This Warranty does not cover failure that has resulted from improper third‐party services, improper or unreasonable use or maintenance, accident, or environmental conditions outside of those prescribed in the Product specifications or industry standards, improper packaging or shipment, electrical failure, or unauthorized tampering, alteration or modification. On‐site planned or preventive maintenance activities are not included as a part of this Warranty. For general warranty questions, or to clarify which Products or Components are covered by a third‐party warranty, please contact the ZEISS representative who issued this quotation. Computers/Software: ZEISS does not warrant that the Product(s), Components or Software will be compatible with third party computers not purchased through ZEISS, or Buyer’s systems, computers or networks. ZEISS is not responsible for virus, malware or other similar system problems arising from Buyer’s connection to the internet or from Buyer’s internalnetworks. Software is not warranted to be error free or to operate without problems or interruptions. Exclusive Warranty & Limitation of Liability: THE PROVISIONS OF THIS LIMITED WARRANTY ARE IN LIEU OF ANY OTHER WARRANTY, WHETHER EXPRESSED OR IMPLIED, WRITTEN OR ORAL, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. Exclusive Remedy: ZEISS’s obligation to repair, replace or refund is the only remedy available under this Warranty or for any claim of any kind arising from this Agreement or the Products. ZEISS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW (e.g.: CONTRACT OR TORT) TO BUYER OR ANY OTHER PERSON FOR ANY PUNITIVE, SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO ZEISS'S OBLIGATIONS HEREUNDER, SUCH AS, BUT NOT LIMITED TO, DAMAGE TO, LOSS OF, OR LOSS OF THE USE OF OTHER PROPERTY OR EQUIPMENT, LOSS OF PROFITS OR REVENUES OR CLAIMS OF BUYER OR BUYER’S CUSTOMERS, FOR LOSSES OF ANY KIND. Some jurisdictions do not allow limitations on exclusion of or limitation of remedies so the foregoing limitations and exclusions may not apply.

Duration of Warranty. The effectiveness of this Warranty will be: be for (a) System(s): Systems: the earlier of (i) one (1) year (i.e.: 365 days) from shipment (for System(s) not installed by ZEISS) or from installation by ZEISS Zeiss or ZEISSZeiss’s authorized installerinstaller or (ii) eighteen (18) months from the shipment date; (b) Components: six (6) months from the date of installation if installed by Zeiss; (c) Labor: thirty (30) days from the completion of the work ((a), (b) and (bc) referred to collectively or individually, as applicable, as the “Warranty Period”). What Is Covered: All System(s) parts will be free from defects in material and workmanship and all workmanship. Labor will be performed in a xxxxxxx‐like xxxxxxx-like manner. What ZEISS Zeiss Will Do: ZEISS Zeiss will, at its sole option, repair or replace any parts it reasonably determines to have failed due to defects in material or workmanship during the Warranty Period. If it is not possible to repair or replace such parts, then ZEISS will refund the prorated value of the item. What is Not Covered: This Warranty does not cover high‐wearhigh-wear, consumable items (e.g.: light bulbsstyli, cover slides)air filters, items in the Zeiss Styli & Accessory Product Catalog) nor the servicing/replacement of other manufacturer’s equipment or accessories. These items, and any third‐party third-party supplied Components items (software or hardware) will be covered by their manufacturer’s warranty and arrangements for service or replacement must be made through that manufacturer. This Warranty does not cover failure that has resulted from improper third‐party third party services, improper or unreasonable use or maintenance, accident, or environmental conditions outside of those prescribed in the Product specifications or industry standards, improper packaging or shipment, electrical failure, or unauthorized tampering, alteration or modification. On‐site On-site planned or preventive maintenance activities are not included as a part of this Warranty. For general warranty questions, or to clarify which Products or Components are covered by a third‐party warranty, please contact the ZEISS representative who issued this quotationSoftware. Computers/Software: ZEISS This Warranty does not warrant that the Product(s)apply to Software, Components or Software will be compatible with third party computers not purchased through ZEISS, or Buyer’s systems, computers or networks. ZEISS which is not responsible for virus, malware or other similar system problems arising from Buyer’s connection to the internet or from Buyer’s internalnetworks. Software is not warranted to be error free or to operate without problems or interruptionsseparately. Exclusive Warranty & Limitation of LiabilityWarranty: THE PROVISIONS OF THIS LIMITED WARRANTY ARE IN LIEU OF ANY OTHER WARRANTY, WHETHER EXPRESSED OR IMPLIED, WRITTEN OR ORAL, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. Exclusive Remedy: ZEISSZeiss’s obligation to repair, replace or refund is the only remedy available under this Warranty or for any claim of any kind arising from this Agreement or the Products. ZEISS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW (e.g.: CONTRACT OR TORT) TO BUYER OR ANY OTHER PERSON FOR ANY PUNITIVE, SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO ZEISS'S OBLIGATIONS HEREUNDER, SUCH AS, BUT NOT LIMITED TO, DAMAGE TO, LOSS OF, OR LOSS OF THE USE OF OTHER PROPERTY OR EQUIPMENT, LOSS OF PROFITS OR REVENUES OR CLAIMS OF BUYER OR BUYER’S CUSTOMERS, FOR LOSSES OF ANY KIND. Some jurisdictions do not allow limitations on exclusion of or limitation of remedies so the foregoing limitations and exclusions may not apply.

Duration of Warranty. The effectiveness of this Warranty will be: (a) System(s): one (1) year (i.e.: 365 days) from shipment (for System(s) not installed by ZEISSZeiss) or from installation by ZEISS Zeiss or ZEISSZeiss’s authorized installer; (b) Labor: thirty (30) days from the completion of the work ((a) and (b) referred to collectively or individually, as applicable, as the “Warranty Period”). What Is Covered: All System(s) will be free from defects in material and workmanship and all Labor will be performed in a xxxxxxx‐like manner. What ZEISS Zeiss Will Do: ZEISS Zeiss will, at its sole option, repair or replace any parts it reasonably determines to have failed due to defects in material or workmanship during the Warranty Period. If it is not possible to repair or replace such parts, then ZEISS Zeiss will refund the prorated value of the item. What is Not Covered: This Warranty does not cover high‐wear, consumable items (e.g.: light bulbs, cover slides). These items, and any third‐party supplied Components (software or hardware) will be covered by their manufacturer’s warranty and arrangements for service or replacement must be made through that manufacturer. This Warranty does not cover failure that has resulted from improper third‐party third party services, improper or unreasonable use or maintenance, accident, or environmental conditions outside of those prescribed in the Product specifications or industry standards, improper packaging or shipment, electrical failure, or unauthorized tampering, alteration or modification. On‐site planned or preventive maintenance activities are not included as a part of this Warranty. For general warranty questions, or to clarify which Products or Components are covered by a third‐party warranty, please contact the ZEISS representative who issued this quotation. Computers/Software: ZEISS Zeiss does not warrant that the Product(s), Components or Software will be compatible with third party computers not purchased through ZEISSZeiss, or Buyer’s systems, computers or networks. ZEISS Zeiss is not responsible for virus, malware or other similar system problems arising from Buyer’s connection to the internet or from Buyer’s internalnetworksinternal networks. Software is not warranted to be error free or to operate without problems or interruptions. Exclusive Warranty & Limitation of Liability: THE PROVISIONS OF THIS LIMITED WARRANTY ARE IN LIEU OF ANY OTHER WARRANTY, WHETHER EXPRESSED OR IMPLIED, WRITTEN OR ORAL, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. Exclusive Remedy: ZEISSZeiss’s obligation to repair, replace or refund is the only remedy available under this Warranty or for any claim of any kind arising from this Agreement or the Products. ZEISS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW (e.g.: CONTRACT OR TORT) TO BUYER OR ANY OTHER PERSON FOR ANY PUNITIVE, SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO ZEISS'S OBLIGATIONS HEREUNDER, SUCH AS, BUT NOT LIMITED TO, DAMAGE TO, LOSS OF, OR LOSS OF THE USE OF OTHER PROPERTY OR EQUIPMENT, LOSS OF PROFITS OR REVENUES OR CLAIMS OF BUYER OR BUYER’S CUSTOMERS, FOR LOSSES OF ANY KIND. Some jurisdictions do not allow limitations on exclusion of or limitation of remedies so the foregoing limitations and exclusions may not apply.OF

Duration of Warranty. The effectiveness of this Warranty will be: (aSystem(s) System(s): one (1) are warranted for 1 year (i.e.: 365 days) from shipment (for System(s) not installed by ZEISS) or from installation if installed by ZEISS (or ZEISS’s its ZEISS authorized installer; (b) Labor: thirty (30) representative. Labor is warranted for 30 days from the completion of work. Component(s) which are produced by ZEISS are warranted for 1 year from the work date of shipment or installation if installed by ZEISS ((a) and (b) or its authorized representative). These timeframes are referred to collectively or individuallyto, as applicable, as the “Warranty Period”). What Is Covered: All System(s) and Component(s) will be free from defects in material and workmanship and all Labor will be performed in a xxxxxxx‐like mannerprofessional (“xxxxxxx‐like”) manner during the Warranty Period. What ZEISS Will Do: ZEISS will, at its sole option, repair or replace any parts items it reasonably determines to have failed due to defects in design, material or workmanship construction during the Warranty Period. If it is not possible to repair or replace such partsitems, then ZEISS will refund the prorated value of the item. Although it may provide support for a longer period, unless noted otherwise, ZEISS warrants the availability of service for System(s) for 7 years from the date of sale; Components, which includes PCs and cameras, will have available support for three years. What is Not Covered: This Warranty does not cover high‐wear, consumable items (e.g.: light bulbs, cover slidesslips, Ga sources). These items, and any All third‐party supplied Components (including consumables, software or hardware) will be covered by their manufacturer’s warranty and arrangements for service or replacement must be made through that manufacturer. This Warranty does not cover failure that has resulted from improper third‐party from: third party services, improper or unreasonable use or maintenance, accident, or environmental conditions outside of those prescribed in the Product specifications or industry standards, improper packaging or shipment, electrical failure, or unauthorized tampering, alteration or modification. On‐site planned or preventive maintenance activities modification (except if any of the foregoing are not included as a part of this Warranty. For general warranty questions, or to clarify which Products or Components are covered performed by a third‐party warranty, please contact the ZEISS representative who issued this quotationZEISS). Computers/Software: ZEISS does not warrant that the Product(s), Components or Software will be compatible or function as intended with Buyer’s, or any third party computers party, systems, computers, networks or software not purchased through ZEISS. During the Warranty Period, or Buyer’s ZEISS will support Systems configured with non‐ZEISS supplied computers, systems, computers networks or networkssoftware, with up to 1 hour of Online Support. ZEISS is not responsible for virus, malware or other similar system problems arising from Buyer’s connection to the internet or from Buyer’s internalnetworksinternal networks. Software is not warranted to be error free or to operate without problems or interruptions. If a defect or bug is identified, ZEISS will use commercially reasonable efforts to produce a repair (e.g.: patch/fix), which may also include minor enhancements, provided at no charge, that improve the performance of the Software, or keep it current with operating systems and other software. ZEISS does not assure compatibility with updates to third party software or operating systems and will not be responsible for problems arising from such updates. Exclusive Warranty & Limitation of Liability: THE PROVISIONS OF THIS LIMITED WARRANTY ARE IN LIEU OF ANY OTHER WARRANTY, WHETHER EXPRESSED OR IMPLIED, WRITTEN OR ORAL, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. Exclusive Remedy: ZEISS’s obligation to repair, replace or refund is the only remedy available under this Warranty or for any claim of any kind arising from this Warranty, Agreement or the Products. ZEISS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW (e.g.: CONTRACT OR TORT) TO BUYER OR ANY OTHER PERSON FOR ANY PUNITIVE, SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO ZEISS'S OBLIGATIONS HEREUNDER, SUCH AS, BUT NOT LIMITED TO, DAMAGE TO, LOSS OF, OR LOSS OF THE USE OF OTHER PROPERTY OR EQUIPMENT, LOSS OF PROFITS OR REVENUES OR CLAIMS OF BUYER OR BUYER’S CUSTOMERS, FOR LOSSES OF ANY KIND. Some jurisdictions do not allow limitations on exclusion of or limitation of remedies so the foregoing limitations and exclusions may not apply.