Equipment and Software Media Warranty Remedies Sample Clauses

Equipment and Software Media Warranty Remedies. In case of a defect notified to RSA, RSA shall, at its option, either remedy the defect or replace the affected Product. If RSA is unable to effect such within a reasonable time and Customer has notified RSA in writing of the breach with the request to remedy the defect within a reasonable time period to no avail (whereby Customer shall grant to RSA a reasonable number of attempts (but no less than three) to cure the defect), then Customer has the right to reduce the remuneration or to rescind the purchase order for the Product concerned. Customer is entitled to the foregoing rights also without setting a grace period if RSA has seriously and definitely refused to cure a defect. If Customer rescinds the purchase order, RSA shall refund the amount paid by Customer for the Product concerned as depreciated on a straight-line basis over a five (5) year period, upon return of such Product to RSA. All replaced Products or portions thereof shall be returned to and be-come the property of RSA. If such replacement is not so returned, Customer shall pay RSA’s then current spare parts price therefore. RSA shall have no liability hereunder after expiration of the applicable warranty period.
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Equipment and Software Media Warranty Remedies. Vendor’s entire liability and Customer’s exclusive remedies under the Equipment and physical media for Software warranties described in this Section 6 shall be for Vendor, at its option, to remedy the non‐compliance or to replace the affected Product, and if Vendor is unable to effect such within a reasonable time, then Vendor shall refund the amount paid by Customer for the affected Product as depreciated on a straight line basis over a five (5) year period, upon return of such Product to Vendor. All replaced Products or portions thereof shall be returned to and become the property of Vendor. If such replacement is not so returned, Customer shall pay Vendor’s then current spare parts price therefore. Vendor shall have no liability hereunder after expiration of the applicable warranty period.
Equipment and Software Media Warranty Remedies. In case of a defect notified to RedSeal, RedSeal shall, at its option, either remedy the defect or replace the affected Product. If RedSeal is unable to effect such within a reasonable time and Customer has notified RedSeal in writing of the breach with the request to remedy the defect within a reasonable time period to no avail (whereby Customer shall grant to RedSeal a reasonable number of attempts (but no less than three) to cure the defect), then Customer has the right to reduce the remuneration or to rescind the purchase order for the Product concerned. Customer is entitled to the foregoing rights also without setting a grace period if RedSeal has seriously and definitely refused to cure a defect. If Customer rescinds the purchase order, RedSeal shall refund the amount paid by Customer for the Product concerned as depreciated on a straight-line basis over a five (5) year period, upon return of such Product to RedSeal. All replaced Products or portions thereof shall be returned to and be-come the property of RedSeal. If such replacement is not so returned, Customer shall pay RedSeal’s then current spare parts price therefore. RedSeal shall have no liability hereunder after expiration of the applicable warranty period.
Equipment and Software Media Warranty Remedies. SUPPLIERS’s entire liability and End User’s exclusive remedies under the Equipment and physical media for Software warranties described in this Section 5 shall be for SUPPLIERS, at its option, to remedy the non- compliance or to replace the affected Product, and if SUPPLIERS is unable to effect such within a reasonable time, then SUPPLIERS shall refund the amount paid by End User for the affected Product as depreciated on a straight line basis over a five (5) year period, upon return of such Product to SUPPLIERS. All replaced Products or portions thereof shall be returned to and become the property of SUPPLIERS. If such replacement is not so returned, End User shall pay SUPPLIERS’s then current spare parts price therefore. SUPPLIERS shall have no liability hereunder after expiration of the applicable warranty period.
Equipment and Software Media Warranty Remedies. If Customer notifies Supplier of a warranty claim during the applicable warranty period, then Supplier will, at its option, either remedy the non-compliance or replace the affected Equipment with new or refurbished parts at Supplier’s discretion or applicable Software or Independent Software media. If Supplier is unable to repair or replace the affected Equipment or media within a reasonable time, then Customer will return the Equipment or media to Supplier, and Supplier will give Customer a refund of the amount Customer paid for the affected Equipment or media as depreciated on a straight line basis over a five year period. Customer must return to Supplier the applicable defective Equipment or media, or portions of those items, and those items become Supplier’s property. If Customer receives a replacement but does not return the defective item to Supplier, then Customer must pay Supplier’s then-current spare parts price for the replacement item. Supplier has no liability under these warranty terms for defects in Equipment and media after expiration of the applicable warranty period. This section states Supplier’s entire liability and Customer’s exclusive remedies under warranties for the Equipment and Software and Independent Software media described in section 4A and its sub-parts.

Related to Equipment and Software Media Warranty Remedies

  • Equipment and Software To use the Mobile Remote Deposit Services, you must obtain and maintain at your expense, compatible equipment and software that we may specify from time to time.

  • Limited Software Warranty MyECheck represents, warrants, and covenants that: MyECheck warrants to the original end user (“Customer”), and not to subsequent end users, of the Extreme Networks software product (“Software”) that for ninety (90) days from the date of installation of the Software from MyECheck, the Software shall substantially conform with the specification for the Software at the (“Documentation”). MyECheck does not warrant (i) that the Software is error free, (ii) that Customer will be able to operate the Software without problems or interruptions or (iii) that the Software will be free of vulnerability to intrusion or attack. Except for the limited warranty set forth in this section, the Software is provided “AS IS.”

  • Warranty Remedies Contractor acknowledges that all warranties granted to the Department by the Uniform Commercial Code of the State of Utah apply to the Contract. Product liability disclaimers and/or warranty disclaimers from Contractor are not applicable to the Contract. For any goods or service that the Department determines does not conform with this warranty, the Department may arrange to have the item repaired or replaced, or the service performed either by Contractor or by a third party at the Department's option, at Contractor's expense. If any item or services does not conform to this warranty, Contractor shall refund the full amount of any payments made. Nothing in this warranty will be construed to limit any rights or remedies the Department may otherwise have under the contract.

  • Software Warranty We warrant that the Tyler Software will perform without Defects during the term of this Agreement. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the maintenance and support process set forth in Section C(9), below, the SLA and our then current Support Call Process.

  • Hardware Warranty A. RISK OF LOSS If you purchase any of the hardware Products directly from us, risk of loss or damage to hardware, will pass to you and acceptance will occur upon delivery to your “ship to” address or, if special shipping arrangements are agreed to, upon delivery to your carrier or designee. Title to hardware Products will pass from HPE to you upon full payment for or delivery of the Products, whichever is later. You agree to properly insure the Products for the benefit of HPE between the time risk of loss and damage pass and the time title passes.

  • CUSTOMER REMEDIES 6.1 If the Supplier fails to deliver the Goods and/or perform the Services by the applicable date, the Customer shall, without limiting or affecting other rights or remedies available to it, have one or more of the following rights:

  • Warranty Remedy If your Congoleum floor fails to perform under the conditions of this warranty, Congoleum will at its option repair the defective area(s) or supply new Congoleum material of the same color, design, and grade, if available; if unavailable or discontinued, Congoleum reserves the right to select and supply similar Congoleum materials. This does not preclude replacement for other reasons as deemed appropriate by Congoleum. After corrective action is taken on an existing defect, you will continue to receive the warranty coverage for the remaining period of your original warranty. How to Make a Claim If you find a defect or other matter covered by this warranty, you should promptly notify the retailer who sold the floor covering material, or you may contact Congoleum directly. Notice of a claim under this warranty must be in writing and must include proof of purchase. The correspondence with the retailer or Congoleum should include the product purchased, the amount purchased, installation costs (if applicable) and the date of purchase. If you submit your claim directly to Congoleum, Congoleum will contact you within 15 days of receipt of your claim to verify that the claim has been made. You may submit your warranty claim directly to Congoleum at: Congoleum Corporation, Dept. C, 0000 Xxxxxxxxxxxx Xxxx, P.O. Box 3127, Mercerville, NJ 08619. Consequential or Incidental Damages The manufacturer excludes and will not pay consequential, indirect, incidental or special/putative damages under this warranty. By this we mean that the manufacturer will not cover or pay for any loss, expense, or damage other than to the flooring itself that may result from a defect in the flooring. Some examples of consequential or incidental damages are: reimbursement for lodging, replacement of subfloors, trim moldings, disconnecting/reconnecting appliances, fixtures or cabinets, or moving of furniture/appliances. No Implied Warranties There are no implied warranties, including warranties of merchantability and fitness for a particular use, extending beyond this warranty.

  • Product and Service Warranties 21- SECTION 3.30

  • Hardware and Software In order to use the Services, you must obtain and maintain, at your expense, compatible mobile hardware and software as specified by Credit Union from time to time. Credit Union is not responsible for any third party software you may need to use the Services. Any such software is accepted by you as is and is subject to the terms and conditions of the software agreement you enter into directly with the third party software provider at time of download and installation.

  • Third Party Software 1. The Software may contain third party software that requires and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are located at xxxx://xxx.xxxxxxxxx.xxx/thirdparty/index.html and are made a part of and incorporated by reference into this XXXX. By accepting this XXXX, You are also accepting the additional terms and conditions, if any, set forth therein.

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