Common use of Express Limited Warranty Clause in Contracts

Express Limited Warranty. VEM warrants that the Products-will have been manufactured in accordance with Customer’s applicable Specifications and will be free from defects in workmanship for a period of twelve (12) months from the date of shipment. […***…]. This express limited warranty does not apply to (a) materials consigned or supplied by Customer to VEM; (b) defects resulting from Customer’s Specifications or the design of the Products; (c) Product that has been abused, damaged, altered or misused by any person or entity after title passes to Customer. With respect to first articles, prototypes, pre-production units, test units or other similar Products, VEM makes no representations or warranties whatsoever. Notwithstanding anything else in this Agreement, VEM assumes no liability for or obligation related to the performance, accuracy, specifications, failure to meet specifications or defects of or due to tooling, designs or instructions produced or supplied by Customer and Customer shall be liable for costs or expenses incurred by VEM related thereto. Upon any failure of a Product to comply with the above warranty, VEM’s sole obligation, and Customer’s sole remedy, is for VEM, at its option, to promptly repair or replace such unit and return it to Customer freight prepaid. Customer shall return Products covered by the warranty freight pre-paid after completing a failure report and obtaining a return material authorization number from VEM to be displayed on the shipping container. Customer shall bear all of the risk, and all costs and expenses, associated with Products that have been returned to VEM for which there is no defect found. VEM MAKES NO OTHER WARRANTIES ON THE PRODUCTS, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH CUSTOMER, AND VEM SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 7.0 PAYMENT TERMS, ADDITIONAL COSTS AND PRICE CHANGES

Express Limited Warranty. VEM Flextronics warrants that the Products-Products will have been manufactured in accordance with Customer’s ------------------------ conform to Replay Networks' applicable Specifications and will be free from defects in workmanship for a period of twelve (12) months [***] days from the date of shipment. […***…]Materials are warranted to the same extent that the original manufacturer warrants the materials. This express limited warranty does not apply to (a) materials consigned or supplied by Customer Replay Networks to VEMFlextronics; (b) defects resulting from Customer’s Specifications or the Replay Networks' design of the Products; (c) any other defects; or (d) Product that has been abused, damaged, altered or misused by any person or entity after title passes to CustomerReplay Networks. With respect to first articles, prototypes, pre-production units, test units or other similar Products, VEM Flextronics makes no representations or warranties whatsoever. Notwithstanding anything else in this Agreement, VEM Flextronics assumes no liability for or obligation related to the performance, accuracy, specifications, failure to meet specifications or defects of or due to tooling, designs or instructions produced or supplied by Customer Replay Networks and Customer Replay Networks shall be liable for costs or expenses incurred by VEM Flextronics related thereto. Upon any failure of a Product to comply with the above warranty, VEM’s Flextronics' sole obligation, and Customer’s Replay Networks' sole remedy, is for VEMFlextronics, at its option, to promptly repair or replace such unit and return it to Customer Replay Networks freight prepaidcollect. Customer Replay Networks shall return Products covered by the warranty freight pre-paid after completing a failure report and obtaining a return material authorization number from VEM Flextronics to be displayed on the shipping container. Customer shall bear all of the risk, and all costs and expenses, associated with Products that have been returned to VEM for which there is no defect found. VEM FLEXTRONICS MAKES NO OTHER WARRANTIES OR CONDITIONS ON THE PRODUCTS, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH CUSTOMER[***] = CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. REPLAY NETWORKS, AND VEM FLEXTRONICS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 7.0 PAYMENT TERMS, ADDITIONAL COSTS AND PRICE CHANGES.

Express Limited Warranty. VEM TDP warrants that the Products-Products will have been manufactured in accordance with Customerconform to Back 2 Health’s applicable Specifications and will be free from defects in workmanship for a period of twelve (12) months from 90 days. Materials are warranted to the date of shipment. […***…]same extent that the original manufacturer warrants the materials. This express limited warranty does not apply to (a) materials consigned or supplied by Customer Back 2 Health to VEMTDP; (b) defects resulting from CustomerBack 2 Health’s Specifications or the design of the ProductsProduct; (c) Product that has been abused, damaged, altered or misused by any person or entity after title passes to CustomerBack 2 Health. With respect to first articles, prototypes, pre-production units, test units or other similar Productsproducts, VEM TDP makes no representations or warranties whatsoever. Notwithstanding anything else in this Agreement, VEM TDP assumes no liability for or obligation related to the performance, accuracy, specifications, failure to meet specifications or defects of or due to tooling, designs or instructions produced or supplied by Customer Back 2 Health and Customer Back 2 Health shall be liable for costs or expenses incurred by VEM TDP related thereto. Upon any failure of a Product to comply with the above warranty, VEMTDP’s sole obligation, and CustomerBack 2 Health’s sole remedy, is for VEMTDP, at its option, to promptly repair or replace such unit and is limited to the purchase price of the product and return it to Customer Back 2 Health freight prepaidpre-paid. Customer TDP will bear all costs of repairing defective Product within warranty. Back 2 Health shall return Products covered by the warranty freight pre-paid after completing a failure report and obtaining a return material authorization number (RMA#) from VEM TDP to be displayed on the shipping container. Customer shall bear all of the risk, and all costs and expenses, associated with Products that have been returned to VEM for which there is no defect found. VEM TDP MAKES NO OTHER WARRANTIES OR CONDITIONS ON THE PRODUCTS, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH CUSTOMERBACK 2 HEALTH, AND VEM TDP SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF OR CONDITION OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 7.0 PAYMENT TERMS, ADDITIONAL COSTS AND PRICE CHANGES.

Express Limited Warranty. VEM Flextronics warrants that the Products-Products will ------------------------ have been manufactured in accordance with Customer’s 's applicable Specifications and will be free from defects in workmanship for a period of twelve (12) months from the date of shipment. […***…]Materials are warranted to the same extent that the original manufacturer warrants the materials. This express limited warranty does not apply to (a) materials consigned or supplied by Customer to VEMFlextronics; (b) defects resulting from Customer’s 's Specifications or the design of the Products; (c) Product that has been abused, damaged, altered or misused by any person or entity after title passes to Customer. With respect to first articles, prototypes, pre-production units, test units or other similar Products, VEM Flextronics makes no representations or warranties whatsoever. Notwithstanding Not - withstanding anything else in this Agreement, VEM Flextronics assumes no liability for or obligation related to the performance, accuracy, specifications, failure to meet specifications or defects of or due to tooling, designs or instructions produced or supplied by Customer and Customer shall be liable for costs or expenses incurred by VEM Flextronics related thereto. Upon any failure of a Product to comply with the above warranty, VEM’s Flextronics' sole obligation, and Customer’s 's sole remedy, is for VEMFlextronics, at its option, to promptly repair or replace such unit and return it to Customer freight prepaid. Customer shall return Products covered by the warranty freight pre-paid after completing a failure report and obtaining a return material authorization number from VEM Flextronics to be displayed on the shipping container. Customer shall bear all of the risk, and all costs and expenses, associated with Products that have been returned to VEM Flextronics for which there is no defect found. VEM Flextronics accepts liability for all components unusable as a result of mishandling or negligent manufacturing practices. If inventory is lost, damaged, or otherwise not receiveable by customer while in possession of Flextronics, it will be replaced at no cost to Customer. FLEXTRONICS MAKES NO OTHER WARRANTIES OR CONDITIONS ON THE PRODUCTS, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH CUSTOMER, AND VEM FLEXTRONICS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 7.0 PAYMENT TERMS, ADDITIONAL COSTS AND PRICE CHANGES.

Express Limited Warranty. VEM Flextronics warrants that the Products-Products will have been manufactured in accordance with Customer’s applicable Specifications and will be free from defects in workmanship for a period of twelve ninety (1290) months days from the date of shipment. […***…]Materials are warranted to the same extent that the original manufacturer warrants the Materials. This express limited warranty does not apply to (a) materials Materials consigned or supplied by Customer to VEMFlextronics; (b) defects resulting from Customer’s Specifications or the design of the Products; (c) Product that has been abused, damaged, altered or misused by any person or entity after title passes to Customer. With respect to first articles, prototypes, pre-production units, test units or other similar Products, VEM Flextronics makes no representations or warranties whatsoever. Notwithstanding anything else in this Agreement, VEM Flextronics assumes no liability for or obligation related to the performance, accuracy, specificationsSpecifications, failure to meet specifications Specifications or defects of or due to tooling, designs or instructions produced or supplied by Customer and Customer shall be liable for costs or expenses incurred by VEM Flextronics related thereto. Upon any failure of a Product to comply with the above warranty, VEMFlextronics’s sole obligation, and Customer’s sole remedy, is for VEMFlextronics, at its option, to promptly repair or replace such unit and return it to Customer freight prepaid. Customer shall return Products covered by the warranty freight pre-paid after completing a failure report and obtaining a return material authorization number from VEM Flextronics to be displayed on the shipping container. Customer shall bear all of the risk, and all costs and expenses, associated with Products that have been returned to VEM Flextronics for which there is no defect found. VEM Customer will provide its own warranties directly to any of its end users or other third parties. Customer will not pass through to end users or other third parties the warranties made by Flextronics under this Agreement. Furthermore, Customer will not make any representations to end users or other third parties on behalf of Flextronics, and Customer will expressly indicate that the end users and third parties must look solely to Customer in connection with any problems, warranty claim or other matters concerning the Product. FLEXTRONICS MAKES NO OTHER WARRANTIES OR CONDITIONS ON THE PRODUCTS, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH CUSTOMER, AND VEM FLEXTRONICS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 7.0 PAYMENT TERMS, ADDITIONAL COSTS AND PRICE CHANGES.

Express Limited Warranty. VEM warrants that the Products-will have been manufactured in accordance with Customer’s applicable Specifications and will be free from defects in workmanship Except as provided herein, for a period of twelve one (121) months year from the date of shipmentClosing or occupancy by Buyer, whichever first occurs, Seller will at no cost to Buyer, repair or replace, at Seller’s option, any portion of the Unit which is defective as to materials or workmanship. […***…]Buyer shall allow Seller or its representatives prompt access to the Unit for correction of warranty items. Failure of Buyer to do so shall relieve the Seller of the obligation to complete such items. This express limited warranty does not apply to (a) materials consigned excludes damage or supplied defects caused by Customer to VEMabuse, improper or insufficient maintenance or improper operation by Buyer, its agents or licensees, and Unit occupants or visitors; (b) defects modifications or construction by Buyer, its agents or licensees, and Unit occupants or visitors; or wear and tear resulting from Customernormal usage. All claims under this warranty shall be made in writing to Seller within fourteen (14) days after Buyer’s Specifications or the design discovery of the Products; defect and within the one (c1) Product that has been abusedyear warranty period. The claim shall identify the purported defect with reasonable specificity. The liability of Seller shall be limited to replacement or repair of the defect, damaged, altered or misused by any person or entity after title passes to Customer. With respect to first articles, prototypes, pre-production units, test units or other similar Products, VEM makes no representations or warranties whatsoever. Notwithstanding anything else in this Agreement, VEM assumes no liability for or obligation related to the performance, accuracy, specifications, failure to meet specifications or defects of or due to tooling, designs or instructions produced or supplied by Customer and Customer Seller shall not be liable for costs incidental or expenses incurred consequential damages or loss of use resulting from the defect. The warranty of Seller does not extend to appliances or tangible personal property in the Unit, such as, for example only, stoves, refrigerators, hot water heaters, cable television or security systems, or any work by VEM related thereto. Upon contractors employed directly by Buyer or Buyer’s agents, but any failure transferable warranties of a Product manufacturers for such fixtures or tangible personal property that benefit Seller shall be deemed to comply with the above warranty, VEM’s sole obligation, be assigned to Buyer at Closing and Customer’s sole remedy, is for VEM, at its optionshall be enforceable by Buyer or Seller, to promptly repair or replace such unit and return it to Customer freight prepaidthe maximum extent permitted by law. Customer shall return Products covered by the warranty freight pre-paid after completing a failure report and obtaining a return material authorization number from VEM to be displayed on the shipping containerTHIS WARRANTY IN THE FIRST PARAGRAPH OF THIS SECTION 18 IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE UNIT. Customer shall bear all of the risk, and all costs and expenses, associated with Products that have been returned to VEM for which there is no defect found. VEM SELLER MAKES NO WARRANTY REGARDING APPLIANCES OR OTHER WARRANTIES ON ITEMS OF TANGIBLE PERSONAL PROPERTY, WHETHER OR NOT WARRANTED BY THE PRODUCTSMANUFACTURER. EXCEPT AS EXPRESSLY STATED, EXPRESSSELLER MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, STATUTORYINCLUDING, OR IN ANY OTHER PROVISION BUT NOT LIMITED TO, THOSE OF THIS AGREEMENT OR COMMUNICATION WITH CUSTOMERMERCHANTABILITY, AND VEM SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, HABITABILITY, DESIGN, WORKMANSHIP, GOOD AND WORKMANLIKE MANNER, CONDITION OR QUALITY OF THE UNIT. 7.0 PAYMENT TERMSBUYER ACKNOWLEDGES THAT NO OTHER REPRESENTATIONS REGARDING SUCH MATTERS HAVE BEEN MADE TO BUYER BY SELLER OR ITS AGENTS. BUYER (a) ACKNOWLEDGES AND ACCEPTS THE WARRANTY PROVISIONS SET FORTH ABOVE, ADDITIONAL COSTS (b) RELEASES SELLER FROM ANY LIABILITY FOR DAMAGES, INCLUDING WITHOUT LIMITATION INCIDENTAL OR CONSEQUENTIAL DAMAGES TO ANY PERSON, THE UNIT, OR ANY OTHER PROPERTY RESULTING FROM A DEFECT AND PRICE CHANGES(c) WAIVES ALL OTHER CLAIMS RELATING TO THE MATTERS SET FORTH ABOVE. THE PROVISIONS OF THIS SECTION SHALL SURVIVE CLOSING. BY INITIALING ON THE LINE BELOW, IN CONSIDERATION OF THE LIMITED WARRANTY PROVIDED BY SELLER AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, BUYER HEREBY (1) AGREES TO WAIVE ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, HABITABILITY, DESIGN, WORKMANSHIP, GOOD AND WORKMANLIKE MANNER, CONDITION OR QUALITY OF THE UNIT, AND (2) ACKNOWLEDGES THAT BUYER HAS DISCUSSED THE LIMITED WARRANTY WITH SELLER OR ITS AGENT AND UNDERSTANDS THIS LIMITED WARRANTY AND WAIVER. THE PROVISIONS OF THIS SECTION SHALL SURVIVE CLOSING OR THE TERMINATION OF THIS AGREEMENT. SELLER’S INITIALS: ________________ BUYER’S INITIALS: ________________