Replacement Product Sample Clauses
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Replacement Product. Any software or maintained hardware product for which Contractor may replace any or all components of the Licensed Software or hardware during the Term of this Contract, as further specified in Paragraph 13.4 (Continuous Product Support) of this Contract.
Replacement Product. This warranty shall not be expanded, and no obligation or liability will arise, due to technical advice or assistance, data, facilities or services that may be provided in connection with the purchase. The replacement Product(s) shall be warranted for the remaining term of the warranty on the originally delivered Product.
Replacement Product. Where new Product is purchased as replacement for original Product during the Limited Warranty period, the new Limited Warranty shall apply to the new Product but only for the unexpired portion of the Limited Warranty period relating to the original Product. SOLE WARRANTY. THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER GUARANTEES AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND SHALL NOT BE EXTENDED OR ALTERED EXCEPT BY WRITTEN INSTRUMENT SIGNED BY THE MANUFACTURER AND THE OWNER. THERE ARE NO WARRANTIES OR GUARANTEES WHICH EXTEND BEYOND THE DESCRIPTION SET LIMITATION OF LIABILITY. Any obligations under this Limited Warranty are applicable to Products manufactured by the Manufacturer on or after November 1, 2021. THE TOTAL MANUFACTURER OBLIGATION TO THE OWNER FOR THE DURATION OF THIS LIMITED WARRANTY SHALL BE LIMITED TO THE ORIGINAL PURCHASE PRICE FOR THE ELIGIBLE PRODUCTS. IN NO INSTANCE SHALL THE MANUFACTURER BE RESPONSIBLE FOR OTHER DIRECT DAMAGES, OR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OF ANY NATURE OR KIND, ARISING FROM THE USE OF THE PRODUCT, EVEN IF THE MANUFACTURER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL THE MANUFACTURER BE LIABLE FOR DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OF ANY NATURE OR KIND, TO THE STRUCTURE OR BUILDING UPON WHICH THE PRODUCT IS INSTALLED OR TO ITS CONTENTS, OR OCCUPANTS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING THIS LIMITED WARRANTY DOES NOT COVER ANY R-VALUE LOSS OR DAMAGE TO THE PRODUCTS DIRECTLY OR INDIRECTLY, OR WHOLLY OR PARTIALLY ATTRIBUTABLE TO COMPRESSION, EXCESSIVE ABUSE DURING HANDLING OR INSTALLATION, DIRECT EXPOSURE TO NATURAL ELEMENTS (SUCH AS, BUT NOT LIMITED TO, WATER, MOISTURE AND ULTRA-VIOLET RAYS) OR LIGHTNING, FIRE, HURRICANE, TORNADO OR OTHER ACT OF GOD.
Replacement Product. In order to avoid or limit any liability for infringement, the Company may, at any time and irrespective of whether it will be obligated to do so by order of any court, at its own expense and option, replace any Product with a non-infringing item providing substantially the same performance.
Replacement Product. “Replacement Product” shall have the definition set forth in the Power Purchase Agreement.
Replacement Product. 4.5.1 If the ordered Product has been replaced with a new product with essentially the same characteristics, the Supplier may deliver the replacement product instead of the ordered product.
Replacement Product. As will be more fully set forth in the Clinical Supply Agreement, GenSci will promptly replace any Licensed Molecule, Licensed Product, or placebo that fails to comply with the requirements of Section 6.1.3 (Requirements) at the time of delivery to Yarrow, at GenSci’s cost and expense.
Replacement Product. In order to avoid or limit any liability for infringement, GBI may, at any time and irrespective of whether it shall be obligated to do so by order of any court, at its expense and option replace any Product with a non-infringing item providing substantially the same performance and has received all necessary regulatory approvals.
Replacement Product. If the problem cannot be resolved remotely, HP will replace the failed product with a new or equivalent-to-new product free of major cosmetic defects. The failed product must be returned within the timeframe specified herein and becomes the property of HP.
Replacement Product. SSI will ship a replacement Product or Part to the ship-to location specified by OEM within * * * after issuing the RMA number, and will invoice OEM for the cost of the replacement Product or Part as specified in the then-current price list. Packaging material and a return address label will be included with the replacement Product or Part for OEM’s use in returning the failed Product or Part to SSI. OEM must return the failed Product or Part within * * * from the date of issuance of the RMA number. Upon receipt of the failed Product or Part within such * * * period, SSI will credit OEM for the cost of the replacement Product or Part. If OEM fails to return the failed Product or Part within such * * * period, OEM must pay for the replacement Product or Part.