Product Replacement Sample Clauses
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Product Replacement. Subject to Section 9.2.1, Products which do not conform to the applicable specifications shall be returned by the Ordering Party to the Supplying Party freight collect and insured for full replacement value. Within twenty (20) days after the date of receipt of the nonconforming Products, replacement Product will be shipped to the Supplying Party at the Supplying Party’s expense. Should the Supplying Party fail to replace rejected Products by shipping conforming Products within thirty (30) days of its receipt of the nonconforming Products, the Ordering Party shall have the option to cancel the purchase of such Products without cost or liability and receive, at the Ordering Party’s option, a credit or rebate if payment has been made. The Ordering Party shall pay freight charges, insurance and other customary charges for transportation for improperly rejected Products.
Product Replacement. At Purchaser’s option, RMI shall either refund the purchase price in full or shall ship emergency replacement Products for Products that have been validly submitted to RMI under the warranty provisions of this Agreement in accordance with RMI’s established RMA process as soon as reasonably possible and RMI will notify the requester of the estimated delivery date for such replacement. All shipping and insurance charges for return of non-conforming Product shall be at RMI’s expense, provided, however, that if the returned Product is reasonably demonstrated by RMI to be conforming, then Purchaser will reimburse RMI for the actual and reasonable shipping charges and all purchase price refunds, as applicable. Replacement Product shall meet all Specifications and be functionally equal to or better than the returned unit. Product replacements effected during the warranty period shall be warranted, as provided below, for the remainder of the Product warranty or for one hundred eighty (180) days from the date of replacement, whichever is longer.
Product Replacement. When a replacement Module is supplied, MOTECH will make commercially reasonable efforts to provide a Module of the same type. MOTECH has the right to deliver a replacement Module of a different type than the replaced Module if MOTECH has discontinued producing the replaced Module at the time of the claim. MOTECH may supply used or repaired Modules as replacement. The replaced Module shall become the property of MOTECH.
Product Replacement. If at any time, the manufacture or sale of any of the Products may become the subject of a patent infringement claim, Supplier may at is sole option: (a) procure for Client the rights to continue using the applicable Product; (b) replace the applicable Products with a reasonable substitute or modify such Products so that the applicable activity is no longer infringing; or (c) stop selling the Product to Client and accept for return any outstanding such Products for a credit. For clarity, none of the actions taken pursuant to this Section 7.4 will be deemed a breach of any other terms of this Agreement, nor will they be deemed an admission of infringement.
Product Replacement. Notwithstanding the foregoing warranties, ENZO agrees to replace, at no cost to CIL, any PRODUCTS and RAW MATERIALS manufactured by ENZO upon the request of any CIL customer so long as it remains CIL's policy to do the same with respect to its own products. Notwithstanding the foregoing, ENZO shall not be required to replace PRODUCTS and RAW MATERIALS replaced as a result of shipping or handling errors by CIL.
Product Replacement. Notwithstanding the foregoing, Metsera shall be entitled to require Amneal to promptly replace or procure the replacement of any allegedly Defective Product that Metsera rejects pursuant to this Agreement or the Quality Agreement at no additional charge to Metsera, irrespective of whether it has been finally settled that the Product was Defective; provided that if such Product is later found not to be Defective pursuant to Section 12.2, Metsera shall pay Amneal an additional amount equal to [***] of the then-current (as of the time of replacement) Supply Price of the replacement Product delivered to Metsera in accordance with this Section 12.3. Without prejudice to the right of Metsera to require replacement of Defective Product in the immediately preceding sentence, if Product is found to be Defective pursuant to Section 12.2, Amneal or its Permitted Subcontractor shall promptly (a) unless the Defective Products have previously been replaced pursuant to the immediately preceding sentence, supply Metsera with the applicable quantity of Product free of Defects, at Amneal’s or its Permitted Subcontractor’s expense, and (b) either collect, at the expense of Amneal, any damaged or Defective Product from Metsera or its designee or reimburse Metsera for any direct costs reasonably and actually incurred in its disposal of such Product following invoice from Metsera; provided, however, that in the event the Defect was, or was determined by the Independent Expert to have been, caused by Metsera, Metsera or its designee shall be responsible for all expenses and direct costs reasonably and actually incurred pursuant to subclause (a) or (b). WITHOUT LIMITING THE PARTIES’ RIGHTS AND OBLIGATIONS UNDER SECTIONS 3.3, 6.2, 13, 17, 24 OR 27 (solely with resect to Metsera’s right to terminate), THIS SECTION 12.3 STATES METSERA’S AND ITS AFFILIATE’S SOLE AND EXCLUSIVE RIGHT AND REMEDY FOR REPLACEMENT OF DEFECTIVE PRODUCT. Notwithstanding the foregoing, nothing in this 12.3 is intended to or shall limit or restrict any rights or remedies of Metsera or its Affiliates resulting from Amneal’s or its Affiliate’s gross negligence, willful misconduct or fraud. The limitations of liability in Section 24.4(B) shall not apply to this Section 13.
Product Replacement. Inverness Japan shall replace the Products returned during the Warranty Period that fail to meet any warranty set forth in Section 9.1 (“Defective Products”). This Section 9.2 sets forth ▇▇▇▇▇▇ Japan’s sole remedy, and Inverness Japan’s sole obligation, with respect to any breach of warranty in Section 9.1. For the avoidance of doubt, the Parties agree that the provisions of this Section 9.2 shall not limit in any manner the right of ▇▇▇▇▇▇ Japan and its Affiliates and their respective officers, directors and employees to be indemnified by Buyer from any Claims pursuant to the provisions of Section 10.1 with respect to Products sold or donated by Seller and its Affiliates after the Closing Date (regardless of whether or not such sale or donation of the Products was made for the purposes of the Humanitarian Program or for commercial purposes).
Product Replacement. Distributor may replace any licensed Product that fails to materially perform in accordance with Xenogen’s published Specifications and limited warranty (as stated herein) for such licensed Product by complying with Xenogen’s then-current RMA Procedures, a copy of which is attached hereto as Exhibit E, which may be amended in Xenogen’s sole discretion. Distributor may only replace licensed Products in accordance with the RMA Procedures. Any licensed Product returned to Xenogen for replacement by Distributor as permitted under this Agreement shall be shipped at Distributor’s cost, pre-paid and insured to Xenogen at such location as Xenogen may instruct, using any common carrier and shall be packed in its original packing material. Xenogen may refuse to accept any licensed Product not properly packed and shipped as herein provided. Biological materials may not be returned.
Product Replacement. At our discretion, e.g. Equipment failure, we may send a replacement for your Equipment to install, or schedule a service engineer to visit your site. We agree that any replacement Equipment will be at least the same model, or an improved model of the Equipment as set out in the Key Financial Information. We will transfer or arrange for the transfer of all existing data from your faulty Equipment to the replacement Equipment to ensure continuity of service.
Product Replacement. If Séura’s Technical Support determines that the Product is eligible for warranty coverage and a defective issue is confirmed and determined to be unrepairable and the Product must be replaced, Séura will deliver a Séura-certified refurbished Product to the applicable Séura Dealer or Buyer, as requested. If the product hasn’t already been returned to Séura for attempted Factory Service, then Séura will issue a “Return Merchandise Authorization” (RMA) Number (and, if applicable, specific return and shipping instructions) for the defective Product, and Buyer must follow the Product return procedures outlined above to return the defective Product to ▇▇▇▇▇’s factory in Green Bay, Wisconsin. Séura will attempt Factory Service to repair the unit first. If a defective issue cannot be verified, ▇▇▇▇▇ will destroy the original Product or return the original Product to buyer at buyer’s expense. • ADVANCED PRODUCT REPLACEMENT. Per ▇▇▇▇▇’s discretion, Séura may allow the Buyer to choose to purchase an advance product replacement. Buyer must provide payment information (in the form of current credit card information) to Séura before a replacement Product will be shipped to Buyer. Buyer must follow the Product return procedures outlined above to return the defective Product to ▇▇▇▇▇’s factory in Green Bay, Wisconsin. If a defective issue is confirmed, ▇▇▇▇▇ will reimburse the full purchase price of the advance product replacement. If ▇▇▇▇▇ does not receive the defective Product from Buyer within thirty (30) days of shipment of the replacement Product, Buyer will be charged the full current MSRP for the replacement Product.