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. 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. 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. 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 your Schedule of Service and Equipment. 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. To the fullest extent permitted under applicable law, our limit of liability is the actual cash value of the Product in operating condition at the time of the Claim. We determine actual cash value based on factors such as the cost of replacement less any depreciation. Depreciation is assessed based on the condition of the Product immediately before the failure occurred and the normal product life expectancy. At Our complete discretion, We may opt to replace Your Product with a new or refurbished product with similar features and functionality (though not necessarily the same brand, fit or finish). Technological advancements may result in a replacement product with a lower selling price than the Product. If We replace the Product after expiry of the manufacturer’s warranty, and during the Term, then Our obligations under this Service Contract will immediately be deemed fulfilled and this Service Contract will end on the date of replacement.
Product Replacement. All obligations to repurchase or replace products produced by Quanex in the GST Business and returned by the purchasers of those products after the Closing Time;
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. In case of the Retailer giving the notice of any claim to the Business, the Business shall, within [insert number] days of the receipt of the notice replace the subject Products.
Product Replacement. Mindscape may return Licensed Products in resaleable condition purchased from A.D.X.X. xxxsuant to Section 2.1(e) as finished goods to A.D.X.X. xxx stock balancing or in the event a Licensed Product is replaced by a revision or is declared by A.D.X.X. xx be obsolete or discontinued. Further, Mindscape may return product that is defective, including returns pursuant to an end-user warranty claim. All freight charges incurred under this Section will be paid by A.D.X.X.
