Common use of Equipment Warranty Clause in Contracts

Equipment Warranty. In addition to the warranty stated on Buyer’s PO terms and conditions, Supplier warrants that all Equipment supplied hereunder and all Software, parts and components thereof will be of good quality and free from defects in material and workmanship for a period of three (3) years from the Final Acceptance Date or Supplier’s published warranty, whichever is longer. Such warranties shall survive any inspection, delivery, acceptance or payment by Buyer of such Equipment and services, and shall survive the expiration or termination of the PO. Such warranties, together with all other express and implied warranties of Supplier, shall run in favor of Buyer, its successors and assigns. Buyer may charge Supplier all expenses of inspecting, unpackaging, examining, repacking, storing and re-shipping any defective or nonconforming Equipment. Prior testing periods of Equipment shall not start the running of the warranty period. Supplier agrees to repair Equipment or to replace any necessary parts at Buyer’s site at no charge during the warranty period. When repairs are required the warranty period shall be interrupted for the repair period. The warranty period will resume when the Equipment is again in complete and full-time operation according to the Acceptance Criteria. In the event Supplier fails to respond to any of its obligations under this warranty within a reasonable period of time or to complete any warranty work within a timely manner as deemed by Buyer given the facts and circumstances, Buyer shall have the right to perform the necessary corrective action or repairs necessary by itself or by retaining a third party. In such cases, Supplier will be charged any and all direct costs incurred by Buyer to perform the work covered under this warranty. Notwithstanding the foregoing, where the failure or any delay to correct such failure may result or threatens to create significant liability or damages or unreasonable costs to Buyer if not immediately repaired, Buyer shall have the right, without notice to Supplier, to immediately perform the necessary repairs or corrective action by itself or through a third party, and Supplier agrees to reimburse Buyer for any and all direct costs incurred by Buyer relating to the performance of such work.

Equipment Warranty. In addition to the warranty stated on BuyerXxxxx’s PO terms and conditions, Supplier warrants that all Equipment supplied hereunder and all Software, parts and components thereof will be of good quality and free from defects in material and workmanship for a period of three (3) years from the Final Acceptance Date or Supplier’s published warranty, whichever is longer. Such warranties shall survive any inspection, delivery, acceptance or payment by Buyer of such Equipment and services, and shall survive the expiration or termination of the PO. Such warranties, together with all other express and implied warranties of Supplier, shall run in favor of BuyerXxxxx, its successors and assigns. Buyer may charge Supplier all expenses of inspecting, unpackaging, examining, repacking, storing and re-shipping any defective or nonconforming Equipment. Prior testing periods of Equipment shall not start the running of the warranty period. Supplier agrees to repair Equipment or to replace any necessary parts at Buyer’s site at no charge during the warranty period. When repairs are required the warranty period shall be interrupted for the repair period. The warranty period will resume when the Equipment is again in complete and full-time operation according to the Acceptance Criteria. In the event Supplier fails to respond to any of its obligations under this warranty within a reasonable period of time or to complete any warranty work within a timely manner as deemed by Buyer given the facts and circumstances, Buyer shall have the right to perform the necessary corrective action or repairs necessary by itself or by retaining a third party. In such cases, Supplier will be charged any and all direct costs incurred by Buyer to perform the work covered under this warranty. Notwithstanding the foregoing, where the failure or any delay to correct such failure may result or threatens to create significant liability or damages or unreasonable costs to Buyer if not immediately repaired, Buyer shall have the right, without notice to Supplier, to immediately perform the necessary repairs or corrective action by itself or through a third party, and Supplier agrees to reimburse Buyer for any and all direct costs incurred by Buyer relating to the performance of such work.

Equipment Warranty. In addition to For a one (1) year period from date of Acceptance (the warranty stated on Buyer’s PO terms and conditions"Warranty Period"), Supplier Company warrants that all the Equipment supplied hereunder and all Software, parts and components thereof will provided to Buyer pursuant to this Agreement shall be of good quality and free from defects in material material, manufacturing workmanship, and title, and that the Equipment will operate in conformance with the Specifications set forth in Exhibit C and will operate as described in all marketing and advertising materials provided to Buyer (the "Warranty"). The Warranty also shall apply to any replacement part or to any Enhancement. Further, Company warrants that all service repairs shall be free from defects in materials and workmanship for a period the greater of three (3i) years from the Final Acceptance Date balance of the Warranty Period or Supplier’s published warranty(ii) ninety (90) days after the date the repair is completed. To enable Company to properly administer the Warranty, whichever is longer. Such warranties Buyer shall survive (i) promptly notify Company of any inspectionclaim hereunder, delivery, acceptance or payment and (ii) provide Company with the opportunity to inspect and test parts claimed by Buyer to be defective. Defective Equipment will be shipped by Buyer to Company’s Technical Service Center under Company’s Loaner program. Under this program Buyer will inform Company of defective Equipment in order to have a “Loaner” piece of equipment shipped to Buyer within twenty-four (24) hours of such notification. Buyer will have full use of the Loaner equipment until defective Equipment has been repaired or replaced and received by Buyer. If during the Warranty Period and after trouble-shooting assistance from Company, it is Buyer's opinion that on-site service is required, warranty service will be available from Company, free of charge, on an appointment basis, Monday through Friday, 8:00 a.m. to 5:00 p.m. During the Warranty Period, Company shall provide to Buyer, without additional charge, 24-hour a day, 365-day a year access to a toll-free health care professional hotline for questions and trouble-shooting assistance. EXHIBIT F Vendor Full Disclosure Statement THE XXXXX XXXXXXX HEALTH SYSTEM CORPORATION PURCHASING POLICY It is the policy of The Xxxxx Xxxxxxx Health System Corporation ("JHHS") to conduct its purchasing activities in accordance with all applicable state and federal laws and regulations regarding the purchasing of goods or services, and shall survive the expiration or termination including, but not limited to, applicable requirements of the POMedicare and Medicaid programs. Such warrantiesIn addition, all JHHS officers, directors, employees, staff or agents ("JHHS Personnel") are required to act fairly, objectively and in the best interests of JHHS when conducting business with vendors on behalf of JHHS. JHHS's selection of vendors is based on quality, price, services offered and other features of a competitive marketplace. As used herein, JHHS shall comprise, collectively, JHHS, together with all the following affiliated entities: The Xxxxx Xxxxxxx Hospital, Xxxxx Xxxxxxx Bayview Medical Center, Inc., Xxxxx Xxxxxxx Medical Services Corporation, Xxxxx Xxxxxxx Home Care Group, Inc., Xxxxx Xxxxxxx Pediatrics At Home, Inc., Xxxxx Xxxxxxx Home Health Services, Inc., Xxxxx Xxxxxxx Pharmaquip, Inc., Xxxxxx County General Hospital, Inc., and Xxxxx Xxxxxxx Community Physicians, Inc. GIFTS, SERVICES OR CONSIDERATION Vendor shall submit written notification to JHHS, and receive approval from the JHHS Purchasing Department, prior to providing JHHS Personnel with any "Gifts, Services or Consideration" valued in excess of Fifteen Dollars ($15.00). "Gifts, Services or Consideration" includes, but is not limited to: gifts, gratuities, social entertainment offered or sponsored by the vendor, samples, consulting and research activities, vendor-sponsored travel, educational conferences, seminars, other express business courtesies and implied warranties of Supplierwarranties, shall run discounts and any additional items or services not described in favor of Buyerthe Agreement. "Gifts, its successors and assigns. Buyer may charge Supplier all expenses of inspectingServices or Consideration" does not include items valued less than Fifteen Dollars ($15.00) (such as pens, unpackagingcoffee mugs, examining, repacking, storing and re-shipping any defective calendars or nonconforming Equipment. Prior testing periods of Equipment shall not start the running of the warranty period. Supplier agrees to repair Equipment other small promotional or to replace any necessary parts at Buyer’s site at no charge during the warranty period. When repairs are required the warranty period shall be interrupted for the repair periodnovelty items). The warranty period will resume when the Equipment written notice is again in complete and full-time operation according to the Acceptance Criteria. In the event Supplier fails to respond to any of its obligations under this warranty within be sent to: The Xxxxx Xxxxxxx Health System With a reasonable period of time or to complete any warranty work within a timely manner as deemed by Buyer given the facts and circumstances, Buyer shall have the right to perform the necessary corrective action or repairs necessary by itself or by retaining a third party. In such cases, Supplier will be charged any and all direct costs incurred by Buyer to perform the work covered under this warranty. Notwithstanding the foregoing, where the failure or any delay to correct such failure may result or threatens to create significant liability or damages or unreasonable costs to Buyer if not immediately repaired, Buyer shall have the right, without notice to Supplier, to immediately perform the necessary repairs or corrective action by itself or through a third party, and Supplier agrees to reimburse Buyer for any and all direct costs incurred by Buyer relating to the performance of such work.copy to: Corporation The Xxxxx Xxxxxxx Health System Attention: Xxxx Xxxxxxx Corporation

Equipment Warranty. In addition to the warranty stated on Buyer’s PO terms and conditionsin the GTCs, Supplier warrants that all Equipment supplied hereunder and all Software, parts and components thereof will be of good quality and free from defects in material and workmanship for a period of three (3) years from the Final Acceptance Date or Supplier’s published warranty, whichever is longerlonger (the “Warranty Period”). Such warranties shall survive any inspection, delivery, acceptance or payment by Buyer of such Equipment and servicesServices, and shall survive the expiration or termination (including cancellation) of the POPO or the Agreement. Such warranties, together with all other express and implied warranties of Supplier, shall run in favor of BuyerXxxxx, its successors and assigns. Buyer may charge Supplier all expenses of inspecting, unpackaging, examining, repacking, storing storing, returning and re-shipping any defective or nonconforming Equipment. Prior Any testing periods of Equipment Equipment, which is prior to the Final Acceptance, shall not start the running of the warranty periodWarranty Period. Supplier agrees to repair Equipment or to replace any necessary parts at Buyer’s site the premises designated by Buyer at no charge during the warranty periodWarranty Period. When repairs are required required, the warranty period Warranty Period shall be interrupted for the repair period. The warranty period Warranty Period will resume when the Equipment is again in complete and full-time operation according to the Acceptance CriteriaEquipment Specification. In the event Supplier fails to respond to any of its obligations under this warranty within a reasonable period of time or to complete any warranty work within a timely manner as deemed by Buyer given the facts and circumstances, Buyer shall have the right to perform the necessary corrective action or repairs necessary by itself or by retaining a third party. In such cases, Supplier will be charged any and all direct costs incurred by Buyer to perform the work covered under this warranty. Notwithstanding the foregoing, where the failure or any delay to correct such failure may result or threatens to create significant liability or damages or unreasonable costs to Buyer if not immediately repaired, Buyer shall have the right, without notice to Supplier, to immediately perform the necessary repairs or corrective action by itself or through a third party, and Supplier agrees to reimburse Buyer for any and all direct costs incurred by Buyer relating to the performance of such work.

Equipment Warranty. In addition to the warranty stated on Buyer’s PO terms and conditions, Supplier THE SELLER hereby warrants that all the Tagged Major Equipment supplied hereunder and all Software, parts and components thereof Materials will be new and of good quality suitable grade for their intended purpose and free from of liens and defects in material and workmanship for workmanship. However, THE SELLER does not warrant the Tagged Major Equipment and Materials to be free from defects caused by or related to damage caused by improper handling and/or installation at THE BUYERs Plant site (hereinafter the “Equipment Warranty”) unless such damage was caused as a period result of three following the installation procedures specified by THE SELLER any contractor or agent of THE SELLER, or THE SELLER’s equipment vendor. THE BUYER shall promptly notify THE SELLER of any breach of the Equipment Warranty but in no event later than 15 (3fifteen) years from days after the Final Acceptance Date or Supplier’s published warranty, whichever is longer. Such warranties shall survive any inspection, delivery, acceptance or payment by Buyer date THE BUYER has knowledge of such breach. If THE SELLER breaches the Equipment Warranty and servicesis timely notified thereof, and does not make substantial progress to remedy the breach within 30 (thirty) days after receipt of THE BUYER’s written notice, then THE BUYER may obtain work and services elsewhere or wait until THE SELLER in fact performs under the Service Warranty, and Seller shall survive ITHE SELLER shall not be responsible for installation of defective equipment if THE BUYER knows prior to installation the equipment was defective. El Dorado 11/29/12 The Equipment Warranty shall expire 12 (twelve) months after the “Initial Operation of the Plant”, A failure to give THE SELLER notice of any breach of the Equipment Warranty prior to ten (10) days following the expiration or termination of the PO. Such warranties, together with all other express and implied warranties of Supplier, shall run in favor of Buyer, its successors and assigns. Buyer may charge Supplier all expenses of inspecting, unpackaging, examining, repacking, storing and re-shipping any defective or nonconforming Equipment. Prior testing periods of Equipment shall not start the running of the warranty period. Supplier agrees to repair Equipment or to replace any necessary parts at Buyer’s site at no charge during the warranty period. When repairs are required the warranty Warranty period shall be interrupted for the repair period. The warranty period will resume when the Equipment is again in complete and full-time operation according to the Acceptance Criteriadeemed a waiver by THE BUYER of such warranty. In the event Supplier fails the Article 12 Performance Guarantees are not met as a result of faulty design or manufacture of equipment which must be corrected to respond meet the performance guarantees, the Equipment Warranty for the faulty design or parts of the equipment shall be extended 12 (twelve) months beyond the date on which such correction of the faulty equipment has been completed. THE SELLER shall include in its purchase orders for the supply of Tagged Major Equipment and Materials, written provisions whereby the manufacturer, supplier or vendor agrees to repair or replace at its own expense any defects in material or workmanship which may develop within the equipment warranty period, or such longer period as THE SELLER may be able to obtain, and such other warranty provisions as may customarily be obtainable in the circumstances. Each purchase order shall also provide that all warranties granted hereunder shall extend directly to THE BUYER. THE SELLER shall cooperate with and assist THE BUYER in the enforcement of its obligations under this all such warranties on behalf of THE BUYER during the equipment warranty within a reasonable period of time or but shall not be required to complete commence any warranty work within a timely manner as deemed by Buyer given the facts and circumstances, Buyer shall have the right to perform the necessary corrective action or repairs necessary by itself or by retaining a third partyproceeding in connection with such warranties. In such cases, Supplier will Any additional cost which may be charged any and all direct costs incurred by Buyer a manufacturer, supplier or vendor of equipment for extending its warranty coverage beyond its normal warranty period, if approved by THE BUYER, shall be reimbursed to perform the work covered under this warranty. Notwithstanding the foregoing, where the failure or any delay to correct such failure may result or threatens to create significant liability or damages or unreasonable costs to Buyer if not immediately repaired, Buyer shall have the right, without notice to Supplier, to immediately perform the necessary repairs or corrective action THE SELLER by itself or through a third party, and Supplier agrees to reimburse Buyer for any and all direct costs incurred by Buyer relating to the performance of such workTHE BUYER in accordance with Article 9.

Equipment Warranty. In addition to the warranty stated on Buyer’s PO terms and conditions, Supplier warrants that all Equipment supplied hereunder hereunder, and all Software, parts and components thereof will be of good quality and free from defects in material and workmanship for a period of three (3) years from the Final Acceptance Date or Supplier’s published warranty, whichever is longer. Such warranties shall survive any inspection, delivery, acceptance or payment by Buyer of such Equipment and services, services and shall survive the expiration or termination of the PO. Such warranties, together with all other express and implied warranties of Supplier, shall run in favor of BuyerXxxxx, its successors successors, and assigns. Buyer may charge Supplier all expenses of inspecting, unpackaging, examining, repacking, storing storing, and re-shipping any defective or nonconforming Equipment. Prior testing periods of Equipment shall not start the running of the warranty period. Supplier agrees to repair Equipment or to replace any necessary parts at Buyer’s site at no charge during the warranty period. When repairs are required the warranty period shall be interrupted for the repair period. The warranty period will resume when the Equipment is again in complete and full-time operation according to the Acceptance Criteria. In the event Supplier fails to respond to any of its obligations under this warranty within a reasonable period of time or to complete any warranty work within a timely manner as deemed by Buyer given the facts and circumstances, Buyer shall have the right to perform the necessary corrective action or repairs necessary by itself or by retaining a third party. In such cases, Supplier will be charged any and all direct costs incurred by Buyer to perform the work covered under this warranty. Notwithstanding the foregoing, where the failure or any delay to correct such failure may result or threatens to create significant liability or damages or unreasonable costs to Buyer if not immediately repaired, Buyer shall have the right, without notice to Supplier, to immediately perform the necessary repairs or corrective action by itself or through a third party, and Supplier agrees to reimburse Buyer for any and all direct costs incurred by Buyer relating to the performance of such work.

Equipment Warranty. In addition to the warranty stated on Buyer’s PO terms and conditionsin the GTCs, Supplier warrants that all Equipment supplied hereunder and all Software, parts and components thereof will be of good quality and free from defects in material and workmanship for a period of three (3) years from the Final Acceptance Date or Supplier’s published warranty, whichever is longerlonger (the “Warranty Period”). Such warranties shall survive any inspection, delivery, acceptance or payment by Buyer of such Equipment and servicesServices, and shall survive the expiration or termination (including cancellation) of the POPO or the Supply Agreement. Such warranties, together with all other express and implied warranties of Supplier, shall run in favor of BuyerXxxxx, its successors and assigns. Buyer may charge Supplier all expenses of inspecting, unpackaging, examining, repacking, storing storing, returning and re-shipping any defective or nonconforming Equipment. Prior Any testing periods of Equipment Equipment, which is prior to the Final Acceptance, shall not start the running of the warranty periodWarranty Period. Supplier agrees to repair Equipment or to replace any necessary parts at Buyer’s site the premises designated by Buyer at no charge during the warranty periodWarranty Period. When repairs are required required, the warranty period Warranty Period shall be interrupted for the repair period. The warranty period Warranty Period will resume when the Equipment is again in complete and full-time operation according to the Acceptance CriteriaEquipment Specification. In the event Supplier fails to respond to any of its obligations under this warranty within a reasonable period of time or to complete any warranty work within a timely manner as deemed by Buyer given the facts and circumstances, Buyer shall have the right to perform the necessary corrective action or repairs necessary by itself or by retaining a third party. In such cases, Supplier will be charged any and all direct costs incurred by Buyer to perform the work covered under this warranty. Notwithstanding the foregoing, where the failure or any delay to correct such failure may result or threatens to create significant liability or damages or unreasonable costs to Buyer if not immediately repaired, Buyer shall have the right, without notice to Supplier, to immediately perform the necessary repairs or corrective action by itself or through a third party, and Supplier agrees to reimburse Buyer for any and all direct costs incurred by Buyer relating to the performance of such work.

Equipment Warranty. In addition to the warranty stated on Buyer’s PO terms and conditionsin the GTCs, Supplier warrants that all Equipment supplied hereunder and all Software, parts and components thereof will be of good quality and free from defects in material and workmanship for a period of three (3) years from the Final Acceptance Date or Supplier’s published warranty, whichever is longerlonger (the “Warranty Period”). Such warranties shall survive any inspection, delivery, acceptance or payment by Buyer of such Equipment and servicesServices, and shall survive the expiration or termination (including cancellation) of the POPO or the Supply Agreement. Such warranties, together with all other express and implied warranties of Supplier, shall run in favor of Buyer, its successors and assigns. Buyer may charge Supplier all expenses of inspecting, unpackaging, examining, repacking, storing storing, returning and re-shipping any defective or nonconforming Equipment. Prior Any testing periods of Equipment Equipment, which is prior to the Final Acceptance, shall not start the running of the warranty periodWarranty Period. Supplier agrees to repair Equipment or to replace any necessary parts at Buyer’s site the premises designated by Buyer at no charge during the warranty periodWarranty Period. When repairs are required required, the warranty period Warranty Period shall be interrupted for the repair period. The warranty period Warranty Period will resume when the Equipment is again in complete and full-time operation according to the Acceptance CriteriaEquipment Specification. In the event Supplier fails to respond to any of its obligations under this warranty within a reasonable period of time or to complete any warranty work within a timely manner as deemed by Buyer given the facts and circumstances, Buyer shall have the right to perform the necessary corrective action or repairs necessary by itself or by retaining a third party. In such cases, Supplier will be charged any and all direct costs incurred by Buyer to perform the work covered under this warranty. Notwithstanding the foregoing, where the failure or any delay to correct such failure may result or threatens to create significant liability or damages or unreasonable costs to Buyer if not immediately repaired, Buyer shall have the right, without notice to Supplier, to immediately perform the necessary repairs or corrective action by itself or through a third party, and Supplier agrees to reimburse Buyer for any and all direct costs incurred by Buyer relating to the performance of such work.