Common use of Limited Warranty; Disclaimer Clause in Contracts

Limited Warranty; Disclaimer. (a) Riverbed warrants to Partner that the Services will be provided in a professional manner in accordance with generally accepted industry standards. Partner’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect to any failure to provide the Services in accordance with the foregoing warranty is to re-perform the applicable Services. Products are provided with the limited warranty as set forth in the XXXX. Products will be new (other than Products that were previously used in a customer evaluation or replacement Products provided as part of Support or warranty) on original shipment from Riverbed unless otherwise designated by Riverbed at the time of order or on its then-current price list (e.g. all Product SKUs designated with a “-E” are refurbished Products). Products obtained from Riverbed that do not comply with the applicable warranty and are returned by Partner to Riverbed during the applicable warranty period (and for which a Riverbed RMA has been issued) will be repaired or replaced at Riverbed’s option, provided that Partner bears the cost of freight and insurance to the point of repair or return. Riverbed will bear the cost of freight and insurance for return of goods to Partner. If Riverbed cannot, or determines that it is not practical to, repair or replace the returned Product, the price paid to Riverbed for returned non-conforming units of Product for which full documentation and proof of non-conformity is provided to Riverbed (and for which a Riverbed RMA has been issued) within the applicable warranty period will be credited to Partner or the End User making the warranty claim. Riverbed is not responsible for any difference between the amount paid to Riverbed for the returned Product and the amount paid by Partner or a customer for such returned Product. Partner’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect to any nonconformity, deficiency, warranty or defect with respect to the Products and/or Services is as stated above in this Section.

Limited Warranty; Disclaimer. (a) Riverbed warrants to Partner that the Services will be provided in a professional manner in accordance with generally accepted industry standards. Partner’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect to any failure to provide the Services in accordance with the foregoing warranty is to re-perform the applicable Services. Products are provided with the limited warranty as set forth in the XXXX. Products will be new (other than Products that were previously used in a customer evaluation or replacement Products provided as part of Support or warranty) on original shipment from Riverbed unless otherwise designated by Riverbed at the time of order or on its then-current price list (e.g. e.g., all Product SKUs designated with a “-E” are refurbished Products). Products obtained from Riverbed that do not comply with the applicable warranty and are returned by Partner to Riverbed during the applicable warranty period (and for which a Riverbed RMA has been issued) will be repaired or replaced at Riverbed’s option, provided that Partner bears the cost of freight and insurance (I) with respect to the point of Hardware and Software warranty, the repair or return. Riverbed will bear the cost replacement of freight and insurance for return of goods to Partner. If Riverbed cannot, or determines that it is not practical to, (at Riverbed’s option if repair or replace replacement is impractical) refund of the returned Product, the price paid to fees received by Riverbed for returned non-non- conforming units of Product for which full documentation and proof of non-conformity is provided to Riverbed (and for which a Riverbed RMA has been issued) within the applicable warranty Warranty Period, and (II), with respect to the Cloud Services warranty, the repair or replacement of or (at Riverbed’s option if repair or replacement is impractical) the refund of the fees received by Riverbed for the period in which the Cloud Services did not conform. For hardware Products, Partner will be credited bear the cost of freight and insurance to Partner the point of repair or return; Riverbed will bear the End User making the warranty claimcost of freight and insurance for return of such goods to Partner. Riverbed is not responsible for any difference between the amount paid to Riverbed for the returned Product and the amount paid by Partner or a customer for such returned Product. Partner’s sole and exclusive remedy, and Riverbed’s sole and exclusive obligation, with respect to any nonconformity, deficiency, warranty or defect with respect to the Products and/or Services is as stated above in this Section.