Common use of Pump Clause in Contracts

Pump. As IMED's sole remedy for breach of warranty, should any failure to conform with the warranties in Article 11.1 (a) above appear within [CONFIDENTIAL TREATMENT REQUESTED] after a Pump is delivered by IMED to an end user, or [CONFIDENTIAL TREATMENT REQUESTED] after a Pump is delivered to IMED by DEBIOTECH, whichever period ends first, DEBIOTECH shall promptly repair or replace free of charge any Pump not meeting DEBIOTECH's above warranty during the said warranty period; PROVIDED, HOWEVER, that if replacing or repairing the defective Pump fails to remedy the defect, IMED is entitled at its choice to rescind the sales contract insofar as the defective Pump is concerned or to reduce the purchase price by an appropriate amount agreed by DEBIOTECH. IMED shall pay the cost of shipping the defective Pump to DEBIOTECH and DEBIOTECH shall pay the cost of shipping the repaired or replacement Pump to IMED.

Pump. As IMED's sole remedy for breach of warranty, should any failure to conform with the warranties in Article 11.1 (a) above appear within [CONFIDENTIAL TREATMENT REQUESTED] after a Pump is delivered by IMED to an end user, or [CONFIDENTIAL TREATMENT REQUESTED] after a Pump is delivered to IMED by DEBIOTECH, whichever period ends first, DEBIOTECH shall promptly repair or replace free of charge any Pump not meeting DEBIOTECH's above warranty during the said warranty period; PROVIDEDprovided, HOWEVERhowever, that if replacing or repairing the defective Pump fails to remedy the defect, IMED is entitled at its choice to rescind the sales contract insofar as the defective Pump is concerned or to reduce the purchase price by an appropriate amount agreed by DEBIOTECH. IMED shall pay the cost of shipping the defective Pump to DEBIOTECH and DEBIOTECH shall pay the cost of shipping the repaired or replacement Pump to IMED.