Common use of Remedies for Breach of Owner Product Warranties Clause in Contracts

Remedies for Breach of Owner Product Warranties. (a) Subject to Clause 6.3 and Clause 6.4(d), if during the Warranty Period there is a Defect in the Equipment caused by Owner and notified by Xxxxx within the Warranty Period to Owner in writing as soon as Xxxxx knew or ought to have known of the Defect, whichever is the earlier, Xxxxx’s sole and exclusive remedy, and Owner’s sole and exclusive liability, regarding such Defect, shall be for Owner, at Owner’s sole option, to rectify the Defect on a return-to- manufacturer basis at Hirer’s cost or provide a replacement item of similar specification EXW (Incoterms) 2020 Owner’s designated site. Owner reserves the right to require prepaid return of the allegedly defective Owner Equipment to establish a claim. Owner shall not be responsible for retrieving or removing defective Equipment or any part thereof, or for reinstalling the same when repaired or replaced, or for any cost incurred in connection with such retrieval, removal or reinstallation.