Common use of Warranties for Products Clause in Contracts

Warranties for Products. All Products, and the components and materials utilized in any assembled or customized products, are covered by, and subject to, the terms, conditions, and limitations of the manufacturer's standard warranty, which warranty is expressly in lieu of any other warranty, express or implied, of or by Centre or the manufacturer. Customer's exclusive remedy, if any, under these warranties is limited, at Centre's election, to any one of (a) refund of customer's purchase price, (b) repair by Centre or the manufacturer of any products found to be defective, or (c) replacement of any such product. Customer acknowledges that except as specifically set forth or referenced in this paragraph, THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, IN ADVERTISING MATERIALS, BROCHURES, OR OTHER DESCRIPTIVE LITERATURE) BY CENTRE OR ANY OTHER PERSON, EXPRESS OR IMPLIED, AS TO THE CONDITION OR PERFORMANCE OF ANY PRODUCTS, THEIR MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. CENTRE ASSUMES NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR MANUFACTURER'S PRODUCT SPECIFICATIONS OR THE PERFORMANCE OR ADEQUACY OF ANY DESIGN OR SPECIFICATION PROVIDED TO CENTRE BY OR ON BEHALF OF CUSTOMER. Customer Installation and Product Return Obligations. If Customer performs its own installation of Products which are sold by Centre, Customer shall have a 14-day period from the date of delivery pursuant to Centre’s Return Policy and Sections 2.3 and 2.7 to notify Centre if said Product received is defective or that an incorrect or non-conforming part was received by Customer. Otherwise, Customer shall be deemed to have accepted the Products without objection. It is Customer’s responsibility prior to returning a product to Centre, to back up any data on its hard drive(s) and on any other storage device in the Product and to delete any confidential, proprietary and personal information and removable media such as flash drives, CDs and PC Cards. Centre is not responsible for any confidential, proprietary or personal information; lost or corrupted data; or damaged or lost removable media that may be lost or misused as a result of Customer’s return of Product. Centre’s Installation and Product Return Obligations. Customer acknowledges that most manufacturers will not issue a return authorization within a later time frame, including shipping logistics. In the event that Customer makes a timely objection, Centre shall pay the cost of such return. In the event that Centre is providing the installation service, Centre shall assume responsibility for interacting with the manufacturer and providing a replacement part as soon as practicable and shall pay the cost of such return.

Appears in 3 contracts

Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement

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Warranties for Products. All Products, and the components and materials utilized in any assembled or customized products, are covered by, and subject to, the terms, conditions, and limitations of the manufacturer's standard warranty, which warranty is expressly in lieu of any other warranty, express or implied, of or by Centre or the manufacturer. Customer's exclusive remedy, if any, under these warranties is limited, at Centre's election, to any one of (a) refund of customer's purchase price, (b) repair by Centre or the manufacturer of any products found to be defective, or (c) replacement of any such product. Customer acknowledges that except as specifically set forth or referenced in this paragraph, THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, IN ADVERTISING MATERIALS, BROCHURES, OR OTHER DESCRIPTIVE LITERATURE) BY CENTRE OR ANY OTHER PERSON, EXPRESS OR IMPLIED, AS TO THE CONDITION OR PERFORMANCE OF ANY PRODUCTS, THEIR MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. CENTRE ASSUMES NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR MANUFACTURER'S PRODUCT SPECIFICATIONS OR THE PERFORMANCE OR ADEQUACY OF ANY DESIGN OR SPECIFICATION PROVIDED TO CENTRE BY OR ON BEHALF OF CUSTOMER. Customer Installation and Product Return ObligationsInstallation. If Customer performs its own installation of Products which are sold by Centre, Customer shall have a 14-day period from the date of delivery pursuant to Centre’s Return Policy and Sections 2.3 and 2.7 to notify Centre if said Product received is defective or that an incorrect or non-conforming part was received by Customer. Otherwise, Customer or Customer shall be deemed to have accepted the Products same without objection. Customer acknowledges that most manufacturers will not issue a return authorization within a later time frame, including shipping logistics. In the event that Customer makes a timely objection, Centre shall pay the cost of such return. In the event that Centre is providing the installation service, Centre shall assume responsibility for interacting with the manufacturer and providing a replacement part as soon as practicable and shall pay the cost of such return. Notwithstanding the foregoing to the contrary, all returns are subject to a manufacturer’s return policy and Centre shall not be liable in the event such policy precludes such return. It is Customer’s responsibility prior to returning a product to Centre, to back up any data on its hard drive(s) and on any other storage device in the Product and to delete any confidential, proprietary and personal information and removable media such as flash drives, CDs and PC Cards. Centre is not responsible for any confidential, proprietary or personal information; lost or corrupted data; or damaged or lost removable media that may be lost or misused as a result of Customer’s return of Product. Centre’s Installation and Product Return Obligations. Customer acknowledges that most manufacturers will not issue a return authorization within a later time frame, including shipping logistics. In the event that Customer makes a timely objection, Centre shall pay the cost of such return. In the event that Centre is providing the installation service, Centre shall assume responsibility for interacting with the manufacturer and providing a replacement part as soon as practicable and shall pay the cost of such return.

Appears in 1 contract

Samples: Master Services Agreement

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Warranties for Products. All Products, and the components and materials utilized in any assembled or customized products, are covered by, and subject to, the terms, conditions, and limitations of the manufacturer's standard warranty, which warranty is expressly in lieu of any other warranty, express or implied, of or by Centre or the manufacturer. Customer's exclusive remedy, if any, under these warranties is limited, at Centre's election, to any one of (a) refund of customer's purchase price, (b) repair by Centre or the manufacturer of any products found to be defective, or (c) replacement of any such product. Customer acknowledges that except as specifically set forth or referenced in this paragraph, THERE ARE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, IN ADVERTISING MATERIALS, BROCHURES, OR OTHER DESCRIPTIVE LITERATURE) BY CENTRE OR ANY OTHER PERSON, EXPRESS OR IMPLIED, AS TO THE CONDITION OR PERFORMANCE OF ANY PRODUCTS, THEIR MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE. CENTRE ASSUMES NO RESPONSIBILITY OR LIABILITY WHATSOEVER FOR MANUFACTURER'S PRODUCT SPECIFICATIONS OR THE PERFORMANCE OR ADEQUACY OF ANY DESIGN OR SPECIFICATION PROVIDED TO CENTRE BY OR ON BEHALF OF CUSTOMER. Customer Installation and Product Return Obligations. If Customer performs its own installation of Products which are sold by Centre, Customer shall have a 14-day period from the date of delivery pursuant to Centre’s Return Policy and Sections 2.3 2.4 and 2.7 2.9 to notify Centre if said Product received is defective or that an incorrect or non-conforming part was received by Customer. Otherwise, Customer shall be deemed to have accepted the Products without objection. It is Customer’s responsibility prior to returning a product to Centre, to back up any data on its hard drive(s) and on any other storage device in the Product and to delete any confidential, proprietary and personal information and removable media such as flash drives, CDs and PC Cards. Centre is not responsible for any confidential, proprietary or personal information; lost or corrupted data; or damaged or lost removable media that may be lost or misused as a result of Customer’s return of Product. Centre’s Installation and Product Return Obligations. Customer acknowledges that most manufacturers will not issue a return authorization within a later time frame, 21 days including shipping logistics. In the event that Customer makes a timely objectionwritten objection within 14 days as stipulated by Centre’s Return Policy and Sections 2.4, 2.9 and 8.2 hereinabove, Centre shall pay the cost of such return. In the event that Centre is providing the installation service, Centre shall assume responsibility for interacting with the manufacturer and providing a replacement part as soon as practicable and shall pay the cost of such return...

Appears in 1 contract

Samples: Master Services Agreement

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