Product Warranty Claims. When we receive a valid warranty claim for an HP hardware or software product, HP will either repair the relevant defect or replace the product. If HP is unable to complete the repair or replace the product within a reasonable time, Customer will be entitled to a full refund upon the prompt return of the product to HP (if hardware) or upon written confirmation by Customer that the relevant software product has been destroyed or permanently disabled. HP will pay for shipment of repaired or replaced products to Customer and Customer will be responsible for return shipment of the product to HP.
Product Warranty Claims. When we receive a valid warranty claim for an HPE hardware or software product, HPE will either repair the relevant defect or replace the product. If HPE is unable to complete the repair or replace the product within a reasonable time, Customer will be entitled to a full refund upon the prompt return of the product to HPE (if hardware) or upon written confirmation by Customer that the relevant software product has been destroyed or permanently disabled. HPE will pay for shipment of repaired or replaced products to Customer and Customer will be responsible for return shipment of the product to HPE.
Product Warranty Claims. When we receive a valid warranty claim for an Micro Focus software product, Micro Focus will either repair the relevant defect or replace the software product. If Micro Focus is unable to complete the repair or replace the software product within a reasonable time, Customer will be entitled to a full refund upon the prompt written confirmation by Customer that the relevant software product has been destroyed or permanently disabled. Micro Focus will pay for shipment of repaired or replaced software products to Customer.
Product Warranty Claims. When we receive a valid warranty claim for an Entco hardware or software product, Entco will either repair the relevant defect or replace the product. If Entco is unable to complete the repair or replace the product within a reasonable time, Customer will be entitled to a full refund upon the prompt return of the product to Entco (if hardware) or upon written confirmation by Customer that the relevant software product has been destroyed or permanently disabled. Entco will pay for shipment of repaired or replaced products to Customer and Customer will be responsible for return shipment of the product to Entco.
Product Warranty Claims. When we receive a valid warranty claim for an Company software product, Company will either repair the relevant defect or replace the software product. If Company is unable to complete the repair or replace the software product within a reasonable time, Customer will be entitled to a full refund upon the prompt written confirmation by Customer that the relevant software product has been destroyed or permanently disabled. Company will pay for shipment of repaired or replaced software products to Customer.
Product Warranty Claims. Defects in deliverables which affect the designated use not only insignificantly authorize the Customer to enforce warranty claims. The Customer has at first only the right of supplementary performance within a reasonable period of time. The supplementary performance contains at sole discretion of HPE either rectification of defects or delivery of a new product. The interests of the Customer will be considered appropriately. If the supplementary performance fails or is not realizable because of other reasons the Customer may terminate the Order according to clause 22. Compensation for damages or reimbursement of expenses are excluded in the case of warranty claims, un- less stated otherwise in clause 19. However HPE has to pay all expenses which are neces- sary for the supplementary performance as far as the expenses are not based on the fact that the products were shipped to another place than the place of delivery afterwards, unless the shipping is in accordance with the normal use of the products. Any warranty claim will expire if any possible defect is based on the fact that the Customer or any third party, changes products without prior approval of HPE, has used or repaired them im- properly, or products were installed, operated or maintained not in accordance with HPE guidelines. The Customer has to report defects immediately to HPE upon written notice. If the complain of defects is carried out wrongly HPE is entitled to ask the Customer for compensation of the occurred expenses of HPE. For warranty claims exists a limitation period of one year starting with the day of delivery or if applicable with the conclusion of the installation or (if the Customer delays the installation of HPE) at the latest 30 days after the delivery date.
Product Warranty Claims. When Vendor receives a valid warranty claim for a Vendor Hardware or Software Product, Vendor will either repair the relevant defect or replace the Product. If Vendor is unable to complete the repair or replace the Product within a reasonable time, Customer will be entitled to a full refund upon the prompt return of the product to Vendor (if Hardware) or upon written confirmation by Customer that the relevant Software product has been destroyed or permanently disabled. Vendor will pay for shipment of repaired or replaced Hardware or Software Products to Customer. If under warranty, shipment cost will be Vendor responsibility.
Product Warranty Claims. If, following the Closing, Buyer receives a claim from any of its customers or any of the former customers of Seller that any of the Specified Assets or any other goods manufactured or sold by Seller prior to the Closing contain or suffer from any non-compliance with the terms or specifications of the purchase order or contract or makes any other warranty claim and, that as a result thereof, said customer has elected to either (i) reject the goods manufactured or sold by Seller, or (ii) claim a full or partial credit for the cost of such goods against any amounts owed to Buyer, then Buyer promptly shall notify Seller of such claim. Upon receipt of such notification, Seller shall have ten (10) days in which to determine whether to accept or reject each product warranty claim. If a product warranty claim is rejected by the Seller on commercially reasonable grounds, then Buyer may resolve such product warranty claim in any manner that Buyer deems necessary and appropriate under the circumstances and, to the extent that the relevant customer should obtain a valid and enforceable order from a competent court confirming that the claim is grounded and ordering Buyer to pay the customer to satisfy such product warranty, then Buyer may seek to recover its reasonable costs and expenses from Seller under and pursuant to the terms of Section 8 of this Agreement. If Seller elects to accept any product warranty claims made by customers following the Closing, Seller shall assist Buyer in the resolution of such product warranty claims as more particularly described below. Seller may elect to either (x) pay the customer for the product plus freight in exchange for returned product, if any, or (y) request that Buyer repair, remanufacture or replace the product and reimburse Buyer for Buyer’s actual costs (including depreciation costs, if any, and freight) in remanufacturing, repairing or replacing the product, less a credit for the amount of returned product based upon market value. In such a case, the Parties shall act in good faith to reach an agreement on the amount due by the Seller and the Seller shall make any such agreed reimbursement to Buyer within five (5) business days following the date of the agreement.
Product Warranty Claims. When we receive a valid warranty claim for an EntIT software product, EntIT will either repair the relevant defect or replace the software product. If EntIT is unable to complete the repair or replace the software product within a reasonable time, Customer will be entitled to a full refund upon the prompt written confirmation by Customer that the relevant software product has been destroyed or permanently disabled. EntIT will pay for shipment of repaired or replaced software products to Customer.
Product Warranty Claims. All claims with respect to Liabilities described in Section 2.3(e), to the extent that any Buyer Indemnified Party is entitled to indemnification with respect to such claim pursuant to this Agreement, shall be deemed a Third Party Claim and shall be subject to provisions of Article VIII. Upon request of the Seller, the Buyer shall, and shall cause it Affiliates to, provide to Seller a replacement product for any product described in Section 2.3(e) with respect to which the Buyer or any of its Affiliates or any other Person has made a claim against the Seller or any of its Affiliates. Such replacement product shall be provided at the Seller’s expense; provided, that the cost of such product to the Seller shall not exceed the actual cost (without mark-up) of such replacement product to the Buyer or the relevant Affiliate of the Buyer.
