Common use of Seller Supplied Equipment Clause in Contracts

Seller Supplied Equipment. (a) Seller warrants that for a period of [*] months from Equipment's Ship Date, that under normal use and service the Equipment subject to this Agreement will be free from material defects or faulty workmanship, and shall operate in compliance with the applicable Specifications. The foregoing warranty shall not apply to items normally consumed during operation such as, but not limited to, lamps and fuses. All like-kind Equipment (i.e., Equipment with the same frequency, functionality, and model number) sold by Seller to Buyer under this Agreement shall be Backwards Compatible with all such like-kind Equipment for a period of [*] from the earlier of (i) the end of the Initial Term of this Agreement, or (ii) termination of this Agreement. If Equipment is not free from material defects or faulty workmanship and fails to comply with the applicable Specifications during the warranty period, Seller will, within thirty (30) days, at its option, repair, replace, or modify the Equipment so that it is free from defects and complies with the applicable Specifications. This warranty service shall be performed at the Buyer's installation site or Seller's facility, as determined by Seller. If Seller is unable to repair or modify the Equipment within thirty (30) days, so that the Equipment conforms to the applicable Specifications, Seller shall replace the Equipment with Equipment that conforms to such Specifications. In such cases Seller does not guarantee that Equipment with like serial numbers will be returned to the Buyer. Seller's sole obligation and Buyer's exclusive remedy under the warranty provisions of this Article 13 with respect to Equipment shall be limited to repair, modification, or replacement of the defective Equipment or refund to Buyer the applicable Equipment's purchase price in the event Seller cannot provide Buyer with Equipment that complies with Specifications.

Seller Supplied Equipment. (a) Seller warrants that for a period ending on (i) the later of [*] fifteen (15) months from Equipment's the Ship DateDate or twelve (12) months after installation for the first 1,000 RPSs; or (ii) fifteen (15) months from the Ship Date for all RPSs delivered after the first 1,000 RPSs, that under normal use and service the Equipment subject to this Agreement will be free from material defects or faulty workmanship, and shall operate in compliance with the applicable Product Specifications. In the event the Buyer changes its network configuration in a manner that causes the Equipment not to operate in compliance with the applicable Product Specifications, the Seller shall use commercially reasonable [*] Confidential Treatment Requested -------------------------------------------------------------------------------- Triton Network Systems, Inc. Confidential 13 Supply Agreement No. _____________ December 21, 1999 G2.0 14 efforts to modify the Equipment so that it will so operate and the parties shall negotiate in good faith applicable amendments to the Product Specifications and the cost of Product if necessary. The foregoing warranty shall not apply to items normally consumed during operation such as, but not limited to, lamps and fuses. All like-kind [*] Equipment (i.e., Equipment with the same frequency, functionality, and model number) sold by Seller to Buyer under this Agreement shall will be Backwards Compatible with all such like-kind Equipment for a period of [*] from the earlier of (i) the end of the Initial Term of this Agreement, or (ii) termination of this Agreementother Equipment and Software. If Equipment is not free from material defects or faulty workmanship and or fails to comply with the applicable Specifications Product Specification during the warranty period, or is not Backwards Compatible as required by the immediately preceding sentence, Seller will, within thirty (30) days, at its option, repair, replace, or modify the Equipment so that it is free from defects and complies does comply with the applicable SpecificationsProduct Specifications and is so Backwards Compatible. This The warranty service shall be performed at the Buyer's installation site or Seller's facility, as determined by Seller. If Seller is unable to repair or modify the Equipment within thirty (30) days, a reasonable period of time so that the Equipment conforms to the applicable SpecificationsProduct Specification and is so compatible, Seller shall replace the Equipment with Equipment that conforms to such SpecificationsProduct Specification and is so compatible. In such cases Seller does not guarantee that Equipment equipment with like serial numbers will be returned to the BuyerBuyer but such replacement Equipment shall meet all Product Specifications and provide the same function as the Equipment it replaces. Seller's sole obligation and Buyer's exclusive remedy under the warranty provisions of this Article 13 with respect to Equipment shall be limited to repair, modification, or replacement of the defective or non functioning Equipment or refund to Buyer the applicable Equipment's purchase price in the event Seller if Equipment cannot provide Buyer with Equipment that be provided which complies with Product Specifications.