Unisphere. undertakes to repair or at its sole option replace with a functional equivalent Unit(s) free of charge any Unit(s) returned to Unisphere which is shown to be defective for causes within its stated warranty cover. Those returned Unit(s), which in Unisphere's opinion are beyond economic repair, shall be replaced by a functional equivalent. Unisphere will dispatch the repaired Unit(s) to Siemens within twenty (20) working days of receipt of the faulty Product (or purchase order number if later). If Unisphere is unable to repair the failed Unit(s) within the stated period, Unisphere shall provide a functional equivalent. If Unisphere is unable to provide a functional equivalent, then Unisphere will telephone or fax Siemens an estimated dispatch date which shall be within a 16 week timeframe and will give a credit note of 15% of the commercial invoice value of the delayed Product. Nevertheless such credit note will not limit other rights Siemens may have resulting out of such failure of performance. Where a request for repair has been made and there has been no Unit(s) received by Unisphere within 45 Business days of the request, the original request will be closed and Siemens will need to place a new request if still required.
Appears in 2 contracts
Sources: Master Purchase and Reseller/Distributor Agreement (Unisphere Networks Inc), Master Purchase and Reseller/Distributor Agreement (Unisphere Networks Inc)
Unisphere. undertakes to repair or at its sole option replace with a functional equivalent Unit(s) free of charge any Unit(s) returned to Unisphere which is shown to be defective for causes within its stated warranty cover. Those returned Unit(s), which in Unisphere's opinion are beyond economic repair, shall be replaced by a functional equivalent. Unisphere will dispatch the repaired Unit(s) to Siemens within twenty (20) working days of receipt of the faulty Product (or purchase order number if later). If Unisphere is unable to repair the failed Unit(s) within the stated period, Unisphere shall provide a functional equivalent. If Unisphere is unable to provide a functional equivalent, then the Unisphere will telephone or fax Siemens an estimated dispatch date which shall be within a 16 week timeframe and will give a credit note of 15% of the commercial invoice value of the delayed Product. Nevertheless such credit note will not limit other rights Siemens may have resulting out of such failure of performance. Where a request for repair has been made and there has been no Unit(s) received by Unisphere within 45 Business days of the request, the original request will be closed and Siemens will need to place a new request if still required.
Appears in 1 contract
Sources: Master Purchase and Reseller/Distributor Agreement (Unisphere Networks Inc)