Common use of FUELS REMEDY Clause in Contracts

FUELS REMEDY. If Goods do not comply with the Fuels Warranty, at Purchaser’s election, Contractor promptly shall remedy the defect by removing, repairing, correcting, and replacing any defective Fuels. Contractor’s Fuels Warranty support shall include, at Contractor’s sole expense, all technical support, parts, materials and equipment, and labor, including freight and “in/out” costs required to address the defect. If, in Purchaser’s judgment, repair or replacement is inadequate, or fails of its essential purpose, Contractor shall refund the full amount of any payments that have been made. The rights and remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or equity, including, without limitation, actual damages, and, as applicable and awarded under the law, to a prevailing party, reasonable attorneys’ fees and costs.