Common use of Limited Warranty Remedies Clause in Contracts

Limited Warranty Remedies. Unless otherwise set forth below, or otherwise provided in an applicable Proposal, a defective or nonconforming Product or part thereof will be repaired or, at Seller’s option, replaced free of charge, FCA, if a warranty claim with regard to such defective or nonconforming part is made within twelve (12) months from the date of shipment (the “Limited Warranty”). Unless provided in an applicable Proposal, Seller does not warrant any Product beyond this twelve (12) month period (the “Limited Warranty Period”). The Limited Warranty does not cover or extend to: (a) any Product that has a life, under rated and normal usage, inherently shorter than the applicable warranty period (e.g., perishable tooling) or consumables, including without limitation, coolant, cryogenic seals, bulbs, filters, fuses, inserts, or recommended spare Parts or (b) normal adjustments or calibration, or the failures arising from Customer’s failure to perform adjustments or calibrations; or (c) defect or nonconformance resulting from Customer’s use of any Product in a manner that is inconsistent with Seller’s documentation for such Product or is outside of Seller’s anticipated use of such Product. Seller may condition warranty replacement upon return of any defective or nonconforming Product or Part. Customer shall pay the then-current list price for any replacement Parts unless the defective or nonconforming Part is returned to Seller within thirty (30) days of receipt of the replacement Part. Seller reserves the right to deny a warranty claim if the Customer denies the Seller access to the information reasonably requested by Seller related to the defective or nonconforming Product or Part.