Product Warranty Remedy Sample Clauses

Product Warranty Remedy. 9.02.01 If, within the Warranty Period, any TI Products are in breach of the warranty set forth in Section 9.01, TI shall notify Anam promptly in writing of such breach, and Anam shall promptly, at TI's option, either (i) if Anam still has the capability to manufacture such TI Products, repair or replace such TI Products at no cost to TI or TI's customers, or (ii) credit to TI's account [*]. A Return Materials Authorization ("RMA") form previously issued by Anam must accompany any such returned TI Products. Such return shipment shall be made by TI, F.O.B. TI's shipping dock or such other shipping location as may be designated by TI.
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Product Warranty Remedy. In accordance with the RMA procedures outlined in Section 11.1, above, Brocade will promptly notify Hon Hai of any Products [*] that Brocade believes do not comply with the warranties contained in this Agreement. Hon Hai will pay all [*] associated with Products returned for repairs during the warranty period. Hon Hai will, at [*] option, either (i) credit Brocade for the purchase price paid by Brocade for the defective Product units, or (ii) at [*] expense, replace, repair or correct such Product within [*] of notification [*]. Hon Hai will [*] any charges in order to effect the earliest reasonable replacement of such defective Products to Brocade [*]. Hon Hai agrees to maintain a repair capability for products under warranty. Hon Hai will provide to Brocade detailed information, including location, telephone number, contact person and hours of operation for the Hon Hai service representative who will be Brocade's contact for warranty claims and questions. [*] Replaced Products will be warranted for [*] period, plus time equal to [*] because of repair or replacement and shipment time, or [*], whichever is longer. [*]
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Product Warranty Remedy. In accordance with the RMA procedures outlined in Section 11.1, above, Brocade will promptly notify Solectron of any Products [*] that Brocade believes do not comply with the warranties contained in this Agreement. Solectron will pay all [*] associated with Products returned for repairs during the warranty period[*] Solectron will, at [*] option, either (i) credit Brocade for the purchase price paid by Brocade for the defective Product units, or (ii) at [*] expense, replace, repair or correct such Product within [*] of [*] [*]). Solectron will [*] any charges in order to effect the earliest reasonable replacement of such defective Products to Brocade [*]. Solectron agrees to maintain a repair capability for products under warranty. Solectron will provide to Brocade detailed information, including location, telephone number, contact person and hours of operation for the Solectron service representative who will be Brocade's contact for warranty claims and questions. [*]. Replaced Products will be warranted for [*]
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Product Warranty Remedy. If any Products breach any of the Everest representations or warranties contained in this Agreement, Everest shall, at Guidant's election, replace the same or refund the purchase price, and reimburse Guidant for its reasonable return freight incurred therefor.
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Product Warranty Remedy. Akeena or an End User Customer will promptly notify Enphase in writing of any Enphase Products which it believes do not comply with the warranties contained in Section 16.1. Upon such notification, Enphase will use its commercially reasonable efforts to provide Akeena or such End User Customer with an RMA number within five (5) business days after the receipt of a request. Akeena will return to Enphase the Enphase Products that are alleged to be defective or alleged to need repair or replacement in accordance with this Section 16.2. With respect to an Enphase Product returned for repair or replacement during the Warranty Period, which Enphase Product is confirmed by Enphase (acting reasonably) to be nonconforming, Enphase shall pay all shipping costs and its standard, then-current dealer remove and replacement payment to the installer (Akeena or another Authorized Purchaser) as follows: (a) for installations involving an End User Customer which does not have a then-current Enlighten subscription, [***]for removal and replacement of the first nonconforming micro-inverter, plus [***] for each additional nonconforming micro-inverter which is removed and replaced on the same visit; and (b) for installations involving an End User Customer which has a then-current Enlighten subscription, [***] for removal and replacement of the first nonconforming micro-inverter, plus [***] for each additional nonconforming micro-inverter which is removed and replaced on the same visit. If any Enphase Product purchased by Akeena or other Authorized Purchaser is not in conformity with the foregoing warranties, Enphase will either credit Akeena or other Authorized Purchaser for the purchase price that Akeena or other Authorized Purchaser paid to Enphase for such Enphase Product or, at Enphase’s sole expense, replace, repair or correct such Enphase Product within ten (10) business days of written notification and confirmation by Enphase of non-conformity. Enphase will waive any charges to Akeena or other Authorized Purchaser in order to effect the earliest reasonable replacement of such defective Enphase Product to Akeena or other Authorized Purchaser. If Enphase is unable to repair, replace or correct such Enphase Product, then Enphase shall credit Akeena or other Authorized Purchaser for the purchase price that Akeena or other Authorized Purchaser paid to Enphase for such Enphase Products. Enphase will provide to Akeena or other Authorized Purchaser detailed information, includin...
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Product Warranty Remedy. If, within the Warranty Period, any Sipex Products do not conform to the warranty set forth in Section 9.1, Sipex shall notify Silan promptly in writing of such breach, and Silan shall promptly, at Sipex's option, either (i) if Silan still has the capability to manufacture such Sipex Products, repair or replace such Sipex Products (including reasonable packaging and testing such Sipex Product if such defective Sipex Product has been packaged and tested) at no cost to Sipex or Sipex's customers, or (ii) refund to Sipex's the original amount paid by Sipex to Silan for such Sipex Products, all reasonable packaging and testing costs incurred by Sipex for such defective Sipex Product, and all reasonable shipping and handling costs incurred with respect to any return of such defective Sipex Products to Silan and the reasonable shipping and handling of the replacement Sipex Products to Sipex. Such return shipment shall be made as set forth in Section 6.4(a).
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Related to Product Warranty Remedy

  • Warranty Remedy If your Congoleum floor fails to perform under the conditions of this warranty, Congoleum will at its option repair the defective area(s) or supply new Congoleum material of the same color, design, and grade, if available; if unavailable or discontinued, Congoleum reserves the right to select and supply similar Congoleum materials. This does not preclude replacement for other reasons as deemed appropriate by Congoleum. After corrective action is taken on an existing defect, you will continue to receive the warranty coverage for the remaining period of your original warranty. How to Make a Claim If you find a defect or other matter covered by this warranty, you should promptly notify the retailer who sold the floor covering material, or you may contact Congoleum directly. Notice of a claim under this warranty must be in writing and must include proof of purchase. The correspondence with the retailer or Congoleum should include the product purchased, the amount purchased, installation costs (if applicable) and the date of purchase. If you submit your claim directly to Congoleum, Congoleum will contact you within 15 days of receipt of your claim to verify that the claim has been made. You may submit your warranty claim directly to Congoleum at: Congoleum Corporation, Dept. C, 0000 Xxxxxxxxxxxx Xxxx, P.O. Box 3127, Mercerville, NJ 08619. Consequential or Incidental Damages The manufacturer excludes and will not pay consequential, indirect, incidental or special/putative damages under this warranty. By this we mean that the manufacturer will not cover or pay for any loss, expense, or damage other than to the flooring itself that may result from a defect in the flooring. Some examples of consequential or incidental damages are: reimbursement for lodging, replacement of subfloors, trim moldings, disconnecting/reconnecting appliances, fixtures or cabinets, or moving of furniture/appliances. No Implied Warranties There are no implied warranties, including warranties of merchantability and fitness for a particular use, extending beyond this warranty.

  • Warranty Remedies Contractor acknowledges that all warranties granted to the Department by the Uniform Commercial Code of the State of Utah apply to the Contract. Product liability disclaimers and/or warranty disclaimers from Contractor are not applicable to the Contract. For any goods or service that the Department determines does not conform with this warranty, the Department may arrange to have the item repaired or replaced, or the service performed either by Contractor or by a third party at the Department's option, at Contractor's expense. If any item or services does not conform to this warranty, Contractor shall refund the full amount of any payments made. Nothing in this warranty will be construed to limit any rights or remedies the Department may otherwise have under the contract.

  • 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 Seller provides general warranties of fitness and general warranties that the goods are free from defects, for 1 year from acceptance of the goods, except as may otherwise be set forth in the Description/Proposal, or other attached warranty.

  • CUSTOMER REMEDIES 6.1 If the Supplier fails to deliver the Goods and/or perform the Services by the applicable date, the Customer shall, without limiting or affecting other rights or remedies available to it, have one or more of the following rights:

  • Product Warranties 22 Section 2.26

  • Specific Remedy In addition to such other rights and remedies as the Company may have at equity or in law with respect to any breach of this Agreement, if you commit a material breach of any of the provisions of Sections 8.1, 8.2, or 9, the Company shall have the right and remedy to have such provisions specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to the Company.

  • Product Warranty and Product Liability Set forth in Schedule 3.14 of the Disclosure Schedule is a true, correct and complete copy of the Company's standard warranty or warranties for sales of its products.

  • Exclusive Remedy The foregoing shall constitute the Parties' sole and exclusive remedies and obligations with respect to a third party claim of intellectual property infringement arising out of the conduct of business under this Agreement.

  • Available Remedies Each party expressly agrees that, consistent with its intention and agreement to be bound by the terms of this Agreement and to consummate the transactions contemplated hereby, subject only to the satisfaction of conditions precedent, the remedy of specific performance shall be available to a non-breaching and non-defaulting party to enforce performance of this Agreement by a breaching or defaulting party, including, without limitation, to require the consummation of the Closing.

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