Common use of Warranty and Warranty Disclaimer Clause in Contracts

Warranty and Warranty Disclaimer. 4.1 In addition to the warranty obligations described in this Agreement, Philips warrants that any replacement parts or special service tools and Service provided under this Exhibit will be free from defects in material and workmanship for a period of ninety (90) days from the date of installation (when installed by Philips) or thirty (30) days from the date the parts were delivered to Customer (when not installed by Philips). Certain items such as x-ray tubes, photomultiplier tubes, cathode-ray tubes, and high voltage transformers may carry separate warranties that are provided at the time of purchase. This warranty does not include any defect or failure to perform that is the direct or indirect result, in whole or in part, of accident, abuse, misuse, operation of the Covered System in which the part is installed outside of its environmental, electrical or performance specifications, power fluctuations or failures, fires, floods or other similar or dissimilar natural causes, or improper installation or calibration. If a part does not comply with this warranty, then Customer shall promptly return part to Philips and Philips shall repair or replace such part. THE WARRANITES STATED ABOVE ARE EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT WITH RESPECT TO ANYTHING PROVIDED BY PHILIPS OR ITS SUBCONTRACTOR UNDER THIS EXHIBIT OR THE AGREEMENT. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THIS WARRANTY IS THE REPAIR OR REPLACEMENT OF A NON- CONFORMING PART AND THE REPAIR OF COVERED SYSTEM FOR ANY NON-CONFORMING SERVICE.

Warranty and Warranty Disclaimer. 4.1 In addition to the warranty obligations described in this Agreement, 8.1 Philips warrants that any the replacement parts or special service tools and Service provided under as described in Section 2.2.3 of this Exhibit will be free from substantial defects in material and workmanship for a period of ninety (90) days from the date of installation (when installed by Philips) or thirty (30) days from the date the parts were delivered to Customer (when not installed by Philips). For the avoidance of doubt, no such warranty applies to any replacement parts used by Philips in providing its corrective maintenance service. Certain items such as x-ray tubes, photomultiplier tubes, cathode-ray tubes, and high voltage transformers may carry separate warranties that are provided at the time of purchase. This warranty does not include any defect or failure to perform that is the direct or indirect result, in whole or in part, of accident, abuse, misuse, operation of the Covered System Equipment in which the part is installed outside of its environmental, electrical or performance specifications, power fluctuations or failures, fires, floods or other similar or dissimilar natural causes, or improper installation or calibration. If a part does not comply with this warranty, then Customer shall promptly as exclusive remedy, upon Customer’ prompt return of the part to Philips and Philips, Philips shall repair or replace such part. THE WARRANITES WARRANTIES STATED ABOVE ARE EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTY OF MERCHANTABILITYof merchantability, FITNESS FOR A PARTICULAR PURPOSEfitness for a particular purpose, OR NONINFRINGEMENT WITH RESPECT TO ANYTHING PROVIDED BY to anything provided by PHILIPS OR ITS SUBCONTRACTOR UNDER THIS EXHIBIT OR THE AGREEMENT. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THIS WARRANTY IS THE REPAIR OR REPLACEMENT OF A NON- NON-CONFORMING PART AND THE REPAIR OF COVERED SYSTEM EQUIPMENT FOR ANY NON-NON- CONFORMING SERVICE. Equipment Maintenance Intellectual Property (also known as Customer Service Intellectual Property (CSIP) License Terms. This EQUIPMENT MAINTENANCE INTELLECTUAL PROPERTY LICENSE AGREEMENT (“EMIP License Agreement”) begins on the effective date of the Service Agreement, “the Effective Date,” between Customer (hereinafter “Licensee”) and Philips, as a supplementary agreement to the Service Agreement, to set forth the conditions of Licensee’s use of Philips’ EMIP.

Warranty and Warranty Disclaimer. 4.1 In addition to the warranty obligations described in this the Agreement, Philips warrants that any replacement parts or special service tools and Service provided under this Exhibit will be free from defects in material and workmanship for a period of ninety (90) 90 days from the date of installation (when installed by Philips) or thirty (30) 30 days from the date the parts were delivered to Customer (when not installed by Philips). Certain items such as x-ray tubes, photomultiplier tubes, cathode-ray tubes, and high voltage transformers may carry separate warranties that are provided at the time of purchase. This warranty does not include any defect or failure to perform that is the direct or indirect result, in whole or in part, of accident, abuse, misuse, operation of the Covered System in which the part is installed outside of its environmental, electrical or performance specifications, power fluctuations or failures, fires, floods or other similar or dissimilar natural causes, or improper installation or calibration. If a part Part does not comply with this warranty, then Customer shall promptly return part to Philips and Philips shall repair or replace such part. THE WARRANITES STATED ABOVE ARE EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT WITH RESPECT TO ANYTHING PROVIDED BY PHILIPS OR ITS SUBCONTRACTOR UNDER THIS EXHIBIT OR THE AGREEMENT. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THIS WARRANTY IS THE REPAIR OR REPLACEMENT OF A NON- NON-CONFORMING PART AND THE REPAIR OF COVERED SYSTEM FOR ANY NON-CONFORMING SERVICE. Support and Assist Coverage Exhibit Customer Non-Disclosure Terms and Conditions Attachment 3-1 1. Philips holds and owns certain proprietary and trade secret information ("Philips Proprietary Information"), relating to the installation, service, maintenance, and repair of the products, whether or not manufactured or sold by Philips, including the Software and Documentation and any work product or diagnostic results derived therefrom, any oral, written, or electronically recorded information regarding the installation, service, maintenance, repair, construction, design, theory of design, theory of operation, diagnostic tools, teaching materials, hardware schematics, electrical schematics, software of any nature in any form and on any media, repair analysis techniques or maintenance of any Covered System, service notes, safety bulletins, installation manuals, service manuals, service diagnostic tools and techniques, and any other corresponding information of Philips or any of its predecessors, successors, affiliates, subsidiaries, or assigns.

Warranty and Warranty Disclaimer. 4.1 In addition to the warranty obligations described in this Agreement, 8.1 Philips warrants that any the replacement parts or special service tools and Service provided under as described in Section 2.2.3 of this Exhibit will be free from substantial defects in material and workmanship for a period of ninety (90) days from the date of installation (when installed by Philips) or thirty (30) days from the date the parts were delivered to Customer (when not installed by Philips). For the avoidance of doubt, no such warranty applies to any replacement parts used by Philips in providing its corrective maintenance service. Certain items such as x-x- ray tubes, photomultiplier tubes, cathode-ray tubes, and high voltage transformers may carry separate warranties that are provided at the time of purchase. This warranty does not include any defect or failure to perform that is the direct or indirect result, in whole or in part, of accident, abuse, misuse, operation of the Covered System Equipment in which the part is installed outside of its environmental, electrical or performance specifications, power fluctuations or failures, fires, floods or other similar or dissimilar natural causes, or improper installation or calibration. If a part does not comply with this warranty, then Customer shall promptly as exclusive remedy, upon Customer’ prompt return of the part to Philips and Philips, Philips shall repair or replace such part. THE WARRANITES WARRANTIES STATED ABOVE ARE EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTY OF MERCHANTABILITYof merchantability, FITNESS FOR A PARTICULAR PURPOSEfitness for a particular purpose, OR NONINFRINGEMENT WITH RESPECT TO ANYTHING PROVIDED BY to anything provided by PHILIPS OR ITS SUBCONTRACTOR UNDER THIS EXHIBIT OR THE AGREEMENT. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF THIS WARRANTY IS THE REPAIR OR REPLACEMENT OF A NON- NON-CONFORMING PART AND THE REPAIR OF COVERED SYSTEM EQUIPMENT FOR ANY NON-CONFORMING SERVICE. Equipment Maintenance Intellectual Property (also known as Customer Service Intellectual Property (CSIP) License Terms. This EQUIPMENT MAINTENANCE INTELLECTUAL PROPERTY LICENSE AGREEMENT (“EMIP License Agreement”) begins on the effective date of the Service Agreement, “the Effective Date,” between Customer (hereinafter “Licensee”) and Philips, as a supplementary agreement to the Service Agreement, to set forth the conditions of Licensee’s use of Philips’ EMIP.