Common use of Material and Workmanship Warranty Clause in Contracts

Material and Workmanship Warranty. The Seller hereby warrants that the Supplies will be free from defects in material and workmanship for a period of one (1) year from the date of acceptance of the Supplies by the Buyer or fifteen (15) months from the date the Supplies are put in their final location in the Buyer's vault if the Acceptance Date is delayed at the Buyer's request or through the Buyer's fault, whichever period is shorter: provided, however, that this warranty shall not apply to ion source stamped cathodes and chimneys, puller electrodes, air filters, targets, oil for the vacuum pumps, demineralizing column, gas bottles (H2 for the ion source, N2 for venting,...), and other consumables; that the Seller makes no warranty with respect to failures notified after the warranty period or failures during operation without logging or failures due to alteration, misapplications, abuse, abnormal conditions of temperature, dirt, corrosive matter, maintenance not carried out according to the Seller's instructions, lack of trained personnel for maintenance, operation above rated capacities either intentional or otherwise, or in an otherwise improper manner or physical damage caused by persons other than employees or agents of the Seller; that the Seller's sole liability under valid warranty regarding claims for defects in material and workmanship is limited, at the option of the Seller, to repair or replacement of the defective parts; that with respect to components purchased by the Seller for incorporation into the Supplies essentially without modification, the Seller makes no warranties of its own but assigns to the Buyer the full warranty extended to the Seller as part of the original purchase of the component. If, due to a fault of the Seller, the Supplies have not passed the Acceptance Tests by ______________, the Seller's warranty shall start and be in effect until ________________. The Seller shall bear the cost and risk of loss during transport of (i) any defective part or components being returned to the Seller's factory with the Seller's agreement and (ii) any repaired or replacement item being returned to the Buyer. Products or parts returned without the agreement of the Seller shall be at the Buyer's sole risk and expense. The Seller shall bear any personnel costs incurred in connection with the fulfillment of the Seller's obligations under this warranty. The foregoing warranties are exclusive and are given and accepted in lieu of all other warranties of quality written or oral, express or implied, and all other warranties are hereby disclaimed.

Material and Workmanship Warranty. The Seller hereby warrants that the Supplies will be free from defects in material and workmanship for a period of one (1) year from the date of acceptance of the Supplies by the Buyer or fifteen (15) months from the date the Supplies are put in their final location in the Buyer's vault if the Acceptance Date is delayed at the Buyer's request or through the Buyer's fault, whichever period is shorter: provided, however, that this warranty shall not apply to ion source stamped cathodes and chimneys, puller electrodes, air filters, targets, oil for the vacuum pumps, demineralizing column, gas bottles (H2 for the ion source, N2 for venting,...), and other consumables; that the Seller makes no warranty with respect to failures notified after the warranty period or failures during operation without logging or failures due to alteration, misapplications, abuse, abnormal conditions of temperature, dirt, corrosive matter, maintenance not carried out according to the Seller's instructions, lack of trained personnel for maintenance, operation above rated capacities either intentional or otherwise, or in an otherwise improper manner or physical damage caused by persons other than employees or agents of the Seller; that the Seller's sole liability under valid warranty regarding claims for defects in material and workmanship is limited, at the option of the Seller, to repair or replacement of the defective parts; that with respect to components purchased by the Seller for incorporation into the Supplies essentially without modification, the Seller makes no warranties of its own but assigns to the Buyer the full warranty extended to the Seller as part of the original purchase of the component. If, due to a fault of the Seller, the Supplies have not passed the Acceptance Tests by ______________, the Seller's warranty shall start and be in effect until __________________. The Seller shall bear the cost and risk of loss during transport of (i) any defective part or components being returned to the Seller's factory with the Seller's agreement and (ii) any repaired or replacement item being returned to the Buyer. Products or parts returned without the agreement of the Seller shall be at the Buyer's sole risk and expense. The Seller shall bear any personnel costs incurred in connection with the fulfillment of the Seller's obligations under this warranty. The foregoing warranties are exclusive and are given and accepted in lieu of all other warranties of quality written or oral, express or implied, and all other warranties are hereby disclaimed.

Material and Workmanship Warranty. The Seller hereby warrants that the Supplies will be free from defects in material and workmanship for a period of one (1) year from the date of acceptance of the Supplies by the Buyer or fifteen (15) months from the date the Supplies are put in their final location in the Buyer's vault if the Acceptance Date is delayed at the Buyer's request or through the Buyer's fault, whichever period is shorter: provided, however, that this warranty shall not apply to ion source stamped cathodes and chimneys, puller electrodes, air filters, targets, oil for the vacuum pumps, demineralizing column, gas bottles (H2 for the ion source, N2 for venting,...), and other consumables; that the Seller makes no warranty with respect to failures notified after the warranty period or failures during operation without logging or failures due to alteration, misapplications, abuse, abnormal conditions of temperature, dirt, corrosive matter, maintenance not carried out according to the Seller's instructions, lack of trained personnel for maintenance, operation above rated capacities either intentional or otherwise, or in an otherwise improper manner or physical damage caused by persons other than employees or agents of the Seller; that the Seller's sole liability under valid warranty regarding claims for defects in material and workmanship is limited, at the option of the Seller, to repair or replacement of the defective parts; that with respect to components purchased by the Seller for incorporation into the Supplies essentially without modification, the Seller makes no warranties of its own but assigns to the Buyer the full warranty extended to the Seller as part of the original purchase of the component. If, due to a fault of the Seller, the Supplies have not passed the Acceptance Tests by ______________, the Seller's warranty shall start and be in effect until _________________. The Seller shall bear the cost and risk of loss during transport of (i) any defective part or components being returned to the Seller's factory with the Seller's agreement and (ii) any repaired or replacement item being returned to the Buyer. Products or parts returned without the agreement of the Seller shall be at the Buyer's sole risk and expense. The Seller shall bear any personnel costs incurred in connection with the fulfillment of the Seller's obligations under this warranty. The foregoing warranties are exclusive and are given and accepted in lieu of all other warranties of quality written or oral, express or implied, and all other warranties are hereby disclaimed.

Material and Workmanship Warranty. The Seller hereby warrants that the Supplies will be free from defects in material and workmanship for a period of one (1) year from the date of acceptance of the Supplies by the Buyer or fifteen (15) months from the date the Supplies are put in their final location in the Buyer's vault if the Acceptance Date is delayed at the Buyer's request or through the Buyer's fault, whichever period is shorter: provided, however, that this warranty shall not apply to ion source stamped cathodes and chimneys, puller electrodes, air filters, targets, oil for the vacuum pumps, demineralizing column, gas bottles (H2 for the ion source, N2 for venting,...), and other consumables; that the Seller makes no warranty with respect to failures notified after the warranty period or failures during operation without logging or failures due to alteration, misapplications, abuse, abnormal conditions of temperature, dirt, corrosive matter, maintenance not carried out according to the Seller's instructions, lack of trained personnel for maintenance, operation above rated capacities either intentional or otherwise, or in an otherwise improper manner or physical damage caused by persons other than employees or agents of the Seller; that the Seller's sole liability under valid warranty regarding claims for defects in material and workmanship is limited, at the option of the Seller, to repair or replacement of the defective parts; that with respect to components purchased by the Seller for incorporation into the Supplies essentially without modification, the Seller makes no warranties of its own but assigns to the Buyer the full warranty extended to the Seller as part of the original purchase of the component. If, due to a fault of the Seller, the Supplies have not passed the Acceptance Tests by _______________, the Seller's warranty shall start and be in effect until ________________. The Seller shall bear the cost and risk of loss during transport of (i) any defective part or components being returned to the Seller's factory with the Seller's agreement and (ii) any repaired or replacement item being returned to the Buyer. Products or parts returned without the agreement of the Seller shall be at the Buyer's sole risk and expense. The Seller shall bear any personnel costs incurred in connection with the fulfillment of the Seller's obligations under this warranty. The foregoing warranties are exclusive and are given and accepted in lieu of all other warranties of quality written or oral, express or implied, and all other warranties are hereby disclaimed.

Material and Workmanship Warranty. The Seller hereby warrants to the Purchaser that the Supplies will be Equipment purchased from Seller is free from defects in material and workmanship for a workmanship. The warranty period of one shall be twelve (1) year from the date of acceptance of the Supplies by the Buyer or fifteen (1512) months from the date of Purchaser's initial operation using the Supplies are put Equipment but not more than eighteen (18) months from the date of delivery of the Equipment. Any warranty given by the Seller shall be subject to the following: (i) the Equipment is installed in their final location accordance with Seller's specifications and instructions and is used and maintained normally and properly in accordance with Seller's instructions as to maintenance and operation, as set forth in written operation and maintenance manuals and instruction sheets furnished by Seller; (ii) the Equipment has not been changed without the prior written approval of Seller; (iii) Purchaser gives prompt written notice to Seller before the end of the warranty period specifying all alleged defects in the Buyer's vault if Equipment purchased; and (iv) Purchaser preserves and turns over to Seller and permits reasonable inspection by Seller of all allegedly defective Equipment, parts or items and access to the Acceptance Date Equipment to observe its startup, operation and maintenance. This warranty is delayed at limited to the Buyer's request or through the Buyer's fault, whichever period is shorter: provided, however, that this territory of USA. This warranty shall not apply to ion source stamped cathodes and chimneys, puller electrodes, air filters, targets, oil for the vacuum pumps, demineralizing column, gas bottles (H2 for the ion source, N2 for venting,...), and other consumables; that the Seller makes no warranty with respect to failures notified after the warranty period or failures during operation without logging or failures due to alteration, misapplications, abuse, abnormal conditions of temperature, dirt, corrosive matter, maintenance not carried out according to the Seller's instructions, lack of trained personnel for maintenance, operation above rated capacities either intentional or otherwise, or in an otherwise improper manner or physical damage caused by persons other than employees or agents of the Seller; that the Seller's sole liability under valid warranty regarding claims for defects in material and workmanship is limited, at the option of the Seller, to repair or replacement of the defective parts; that with respect to components purchased by the Seller for incorporation into the Supplies essentially without modification, the Seller makes no warranties of its own but assigns to the Buyer the full warranty extended to the Seller as part of the original purchase of the component. If, due to a fault of the Seller, the Supplies have not passed the Acceptance Tests by ______________, the Seller's warranty shall start and be in effect until ________________. The Seller shall bear the cost and risk of loss during transport of cover (i) any defective part equipment that was in any way modified by Purchaser or components being returned to the Seller's factory with the Seller's agreement and any third party, (ii) any repaired defects arising from corrosion, abrasion, use of unsuitable lubricants, freezing or replacement item being returned to other operation outside of prescribed temperature ranges, or negligent attendance or faulty operation, (iii) ordinary wear and tear (e.g., gaskets), or (iv) any defects caused by errors on the Buyer. Products or parts returned without the agreement part of the Purchaser or any third party in not providing a suitable place in which the Equipment is to be located, adequate foundation works, or adequate protection against influences within or outside the place where the Equipment is to be located which may affect the Equipment or its operation (improper storage), or (v) the performance of any equipment sold by Seller shall be at the Buyer's sole risk and expense. The Seller shall bear any personnel costs incurred in connection with the fulfillment of the Seller's obligations under this warranty. The foregoing warranties are exclusive and are given and accepted in lieu of all other warranties of quality written or oral, express or implied, and all other warranties are hereby disclaimed.conditions varying materially from those under which such equipment is usually tested under existing industry standards or

Material and Workmanship Warranty. The Seller hereby warrants to the Purchaser that the Supplies will be Equipment purchased from the Seller is free from defects in material and workmanship for a workmanship. The warranty period of one shall be twelve (1) year from the date of acceptance of the Supplies by the Buyer or fifteen (1512) months from the date of the Supplies are put in their final location in Purchaser's initial operation using the Buyer's vault if Equipment but not more than eighteen (18) months from the Acceptance Date is delayed at date of delivery of the Buyer's request or through the Buyer's fault, whichever period is shorter: provided, however, that this Equipment. Any warranty shall not apply to ion source stamped cathodes and chimneys, puller electrodes, air filters, targets, oil for the vacuum pumps, demineralizing column, gas bottles (H2 for the ion source, N2 for venting,...), and other consumables; that given by the Seller makes no warranty shall be subject to the following: (i) the Equipment is installed in accordance with respect to failures notified after the warranty period or failures during operation without logging or failures due to alteration, misapplications, abuse, abnormal conditions of temperature, dirt, corrosive matter, maintenance not carried out according to the Seller's instructionsspecifications and instructions and is used and maintained normally and properly in accordance with the Seller's instructions as to maintenance and operation, lack of trained personnel for maintenance, as set forth in written operation above rated capacities either intentional or otherwise, or in an otherwise improper manner or physical damage caused and maintenance manuals and instruction sheets furnished by persons other than employees or agents the Seller; (ii) the Equipment has not been changed without the prior written approval of the Seller; that (iii) the Seller's sole liability under valid Purchaser gives prompt written notice to the Seller whenever a defect appears and in any event before the end of the warranty regarding claims for period specifying all alleged defects in material the Equipment purchased; and workmanship is limited(iv) the Purchaser preserves and either hands over to the Seller or permits reasonable inspection by the Seller of all allegedly defective Equipment, at parts or items and access to the option Equipment to observe its startup, operation and maintenance. This warranty shall not cover (i) any equipment furnished by the Purchaser or any third party (other than a subcontractor of the Seller), (ii) any defects arising from corrosion, abrasion, use of unsuitable lubricants, freezing or other operation outside of prescribed temperature ranges, or negligent attendance or faulty operation, (iii) ordinary wear and tear, or (iv) any defects caused by errors on the part of the Purchaser in not providing a suitable place in which the Equipment is to be located, adequate foundation works, or adequate protection against influences within or outside the place where the Equipment is to be located which may affect the Equipment or its operation. Notwithstanding the warranty set forth above, where the vendor of any of the Equipment (other than the Seller) is specified by the Purchaser, the warranty period in respect of that Equipment shall be no longer than the period warranted by that vendor. When the Equipment or any part of the Equipment is replaced by the Seller under this warranty, the warranty period in respect of the replacement Equipment or part shall be twelve (12) months or until eighteen (18) months from the delivery date of the original Equipment, if earlier. The Seller's obligation under this warranty (and any other warranty or guarantee which is included in the Contract) is limited to the repair or replacement of any Equipment or parts determined to be defective on inspection by an authorized representative of the Seller. The Seller assumes no responsibility and shall have no liability for any repairs or replace- ments undertaken by the Purchaser without the Seller's prior written authorization. If the Seller did not originally install the Equipment, the Seller shall have no liability for the costs of removing or segregating any defective parts; Equipment so that with respect to components purchased the repairs or replacements can be made. Except as expressly stated in these Terms and Conditions, the warranty of material and workmanship in this clause 11 is the only warranty given by the Seller for incorporation into the Supplies essentially without modification, the Seller makes no warranties of its own but assigns to the Buyer the full warranty extended to the Seller as part of the original purchase of the component. If, due to a fault of the Seller, the Supplies have not passed the Acceptance Tests by ______________, the Seller's warranty shall start and be in effect until ________________. The Seller shall bear the cost and risk of loss during transport of (i) any defective part or components being returned to the Seller's factory with the Seller's agreement and (ii) any repaired or replacement item being returned to the Buyer. Products or parts returned without the agreement of the Seller shall be at the Buyer's sole risk and expense. The Seller shall bear any personnel costs incurred in connection with the fulfillment of the Seller's obligations under this warranty. The foregoing warranties are exclusive and are given and accepted is in lieu of all other warranties of quality written or oralguarantees, whether express or implied, including but not limited to warranties of merchantability or fitness for purpose nor does the Seller make any representations or assume any further or other liabilities including any liability for latent defects and all other warranties nothing in this Agreement shall be construed as expressing or implying the contrary, it being agreed that the obligations and liabilities of the Seller contained in these Terms and Conditions are hereby disclaimedexhaustive and exclude any obligations or liabilities that might otherwise be implied by law and whether arising in contract or in tort, including but not limited to negligence and breach of statutory duty. Under no circumstances shall the Seller have any obligation or liability to the Purchaser after expiry of the warranty period, except in relation to claims notified before then.