Common use of Lemon Clause Clause in Contracts

Lemon Clause. 10.12.1 This clause shall apply to all Devices that are purchased, leased, or rented under the Contractor’s Master Agreement. 10.12.2 This clause shall not apply if (a) Supplies or parts are used in the Devices that were not manufactured, provided, or authorized by the Contractor, (b) Service was provided by someone other than Contractor or their Authorized Dealer, or (c) The Device has been subject to abuse or neglect by Purchasing Entity. 10.12.3 The application period is thirty-six (36) months from the date of Acceptance. 10.12.4 This clause shall take precedence over any other warranty or Services clauses associated with the Contractor’s Master Agreement, or as specified by a Participating State or Entity in their Participating Addendum. 10.12.5 A Purchasing Entity must maintain an uninterrupted Maintenance Agreement on all purchased Devices in order for this clause to apply past the initial ninety (90) day warranty. 10.12.6 Any Device that fails (except due to operator error) to function in accordance with the Manufacturer’s published performance specifications, four (4) times in any four