Common use of WARRANTY ON REPAIRS Clause in Contracts

WARRANTY ON REPAIRS. All materials, labor and service provided under this Agreement are warranted to be free of defects in material or workmanship for the longer of the term of this Agreement or ninety (90) days from the date provided. PREDICTIVE MAINTENANCE SCHEDULE. Bayer shall perform Predictive Maintenance on the Product(s) during the hours of 8:00 AM and 5:00 PM, Monday through Friday (PM Hours) unless otherwise indicated in the terms of this Agreement. For Injector and Monitor Products, Bayer will perform Predictive Maintenance within the first sixty (60) days of the effective date of this Agreement or within twelve (12) months from the last PM provided by Bayer, unless otherwise agreed. Predictive Maintenance performed outside of PM Hours will be charged at one and one-half (1.5) times Bayer’s contract service rate, or two (2) times the contract rate for weekends and holidays. WARRANTY EXCLUSIONS EXCEPT AS PROVIDED IN THE ABOVE WARRANTY SECTIONS, BAYER EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED. IN NO EVENT SHALL BAYER BE LIABLE FOR ANY LOST PROFITS OR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR OPERATIONS OF BAYER’S PRODUCTS, INCLUDING ENHANCEMENTS, OR SERVICE. IN NO EVENT IS BAYER RESPONSIBLE FOR DAMAGES THAT EXCEED THE PAYMENT, IF ANY, RECEIVED BY BAYER FOR THE PRODUCT , INCLUDING ENHANCEMENTS, OR SERVICE FURNISHED, OR TO BE FURNISHED, PURSUANT TO THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSIONS ON LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS. EXCEPTIONS TO SERVICE WARRANTY AND ENHANCEMENT WARRANTY This Agreement does not cover:

Appears in 1 contract

Samples: Service Agreement

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WARRANTY ON REPAIRS. All materials, labor and service provided under this Agreement are warranted to be free of defects in material or workmanship for the longer of the term of this Agreement or ninety (90) days from the date provided. PREDICTIVE MAINTENANCE SCHEDULE. Bayer shall perform Predictive Maintenance on the Product(s) during the hours of 8:00 AM and 5:00 PM, Monday through Friday (PM Hours) unless otherwise indicated in the terms of this Agreement. For Injector and Monitor Products, Bayer will perform Predictive Maintenance within the first sixty (60) days of the effective date of this the Agreement or within twelve (12) months from the last PM provided by Bayer, unless otherwise agreed. Predictive Maintenance performed outside of PM Hours will be charged at one and one-one half (1.5) times Bayer’s contract service rate, or two (2) times the contract service rate for weekends and holidays. WARRANTY EXCLUSIONS EXCEPT AS PROVIDED IN THE ABOVE WARRANTY SECTIONSSECTION, BAYER EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED. IN NO EVENT SHALL BAYER BE LIABLE FOR ANY LOST PROFITS OR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR OPERATIONS OF BAYER’S PRODUCTS, INCLUDING ENHANCEMENTS, PRODUCT OR SERVICE. IN NO EVENT IS BAYER RESPONSIBLE FOR DAMAGES THAT EXCEED THE PAYMENT, IF ANY, RECEIVED BY BAYER FOR THE PRODUCT , INCLUDING ENHANCEMENTS, OR SERVICE FURNISHED, OR TO BE FURNISHED, PURSUANT TO THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSIONS ON LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS. EXCEPTIONS TO SERVICE WARRANTY AND ENHANCEMENT WARRANTY This Agreement does not cover:.

Appears in 1 contract

Samples: www.radiologysolutions.bayer.com

WARRANTY ON REPAIRS. All materials, labor and service provided under this Agreement are warranted to be free of defects in material or workmanship for the longer of the term of this Agreement or ninety (90) days from the date provided. PREDICTIVE MAINTENANCE SCHEDULE. Bayer shall perform Predictive Maintenance on the Product(s) during the hours of 8:00 AM and 5:00 PM, Monday through Friday (PM Hours) unless otherwise indicated in the terms of this Agreement. For Injector and Monitor Products, Bayer will perform Predictive Maintenance within the first sixty (60) days of the effective date of this Agreement or within twelve (12) months from the last PM provided by Bayer, unless otherwise agreed. Predictive Maintenance performed outside of PM Hours will be charged at one and one-half (1.5) times Bayer’s contract service rate, or two (2) times the contract rate for weekends and holidays. WARRANTY EXCLUSIONS EXCEPT AS PROVIDED IN THE ABOVE WARRANTY SECTIONS, BAYER EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED. IN NO EVENT SHALL BAYER BE LIABLE FOR ANY LOST PROFITS OR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR OPERATIONS OF BAYER’S PRODUCTS, INCLUDING ENHANCEMENTS, OR SERVICE. IN NO EVENT IS BAYER RESPONSIBLE FOR DAMAGES THAT EXCEED THE PAYMENT, IF ANY, RECEIVED BY BAYER FOR THE PRODUCT PRODUCT, INCLUDING ENHANCEMENTS, OR SERVICE FURNISHED, OR TO BE FURNISHED, PURSUANT TO THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSIONS ON LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS. EXCEPTIONS TO SERVICE WARRANTY AND ENHANCEMENT WARRANTY This Agreement does not cover:

Appears in 1 contract

Samples: www.radiologysolutions.bayer.com

WARRANTY ON REPAIRS. All materials, labor and service provided under this Agreement hereunder are warranted to be free of defects in material or workmanship for the longer of the term of this Agreement or ninety (90) days from the date provided. PREDICTIVE MAINTENANCE SCHEDULE. Bayer shall perform Predictive Maintenance on the Product(s) during the hours of 8:00 AM and 5:00 PM, Monday through Friday (PM Hours) unless otherwise indicated in the terms of this Agreement. For Injector and Monitor Products, Bayer will perform Predictive Maintenance within the first sixty (60) days of the effective date of this the Agreement or within twelve (12) months from the last PM provided by Bayer, unless otherwise agreed. Predictive Maintenance performed outside of PM Hours will be charged at an additional one and one-half (1.51/2) times of Bayer’s contract service rate, or two (2) times the contract service rate for weekends and holidays. WARRANTY EXCLUSIONS EXCEPT AS PROVIDED IN THE ABOVE WARRANTY SECTIONSSECTION, BAYER EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED. IN NO EVENT SHALL BAYER BE LIABLE FOR ANY LOST PROFITS OR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR OPERATIONS OF BAYER’S PRODUCTS, INCLUDING ENHANCEMENTS, PRODUCT OR SERVICE. IN NO EVENT IS BAYER RESPONSIBLE FOR DAMAGES THAT EXCEED THE PAYMENT, IF ANY, RECEIVED BY BAYER FOR THE PRODUCT , INCLUDING ENHANCEMENTS, OR SERVICE FURNISHED, OR TO BE FURNISHED, PURSUANT TO THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSIONS ON LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS. EXCEPTIONS TO SERVICE WARRANTY AND ENHANCEMENT WARRANTY This Agreement does not cover:.

Appears in 1 contract

Samples: Service Agreement

WARRANTY ON REPAIRS. All materials, labor and service provided under this Agreement hereunder are warranted to be free of defects in material or workmanship for the longer of the term of this Agreement or ninety (90) days from the date provided. PREDICTIVE MAINTENANCE SCHEDULE. Bayer shall perform Predictive Maintenance on the Product(s) during the hours of 8:00 AM and 5:00 PM, Monday through Friday (PM Hours) unless otherwise indicated in the terms of this Agreement. For Injector and Monitor Products, Bayer will perform Predictive Maintenance within the first sixty (60) days of the effective date of this Agreement or within twelve (12) months from the last PM provided by Bayer, unless otherwise agreed. Predictive Maintenance performed outside of PM Hours will be charged at one and one-half (1.5) times Bayer’s contract service rate, or two (2) times the contract rate for weekends and holidays. WARRANTY EXCLUSIONS EXCEPT AS PROVIDED IN THE ABOVE WARRANTY SECTIONSSECTION, BAYER EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED. IN NO EVENT SHALL BAYER BE LIABLE FOR ANY LOST PROFITS OR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR OPERATIONS OF BAYER’S PRODUCTS, INCLUDING ENHANCEMENTS, PRODUCT OR SERVICE. IN NO EVENT IS BAYER RESPONSIBLE FOR DAMAGES THAT EXCEED THE PAYMENT, IF ANY, RECEIVED BY BAYER FOR THE PRODUCT , INCLUDING ENHANCEMENTS, OR SERVICE FURNISHED, OR TO BE FURNISHED, PURSUANT TO THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSIONS ON LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS. EXCEPTIONS TO SERVICE WARRANTY AND ENHANCEMENT WARRANTY This Agreement does not cover:.

Appears in 1 contract

Samples: Service Agreement

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WARRANTY ON REPAIRS. All materials, labor and service provided under this Agreement are warranted to be free of defects in material or workmanship for the longer of the term of this Agreement or ninety (90) days from the date provided. PREDICTIVE MAINTENANCE SCHEDULE. Bayer shall perform Predictive Maintenance on the Product(s) during the hours of 8:00 AM and to 5:00 PM, Monday through Friday (PM Hours) unless otherwise indicated in the terms of this Agreement. For Injector and Monitor Products, Bayer will perform Predictive Maintenance Mainten ance within the first sixty (60) days of the effective date of this the Agreement or within twelve (12) months from the last PM provided by Bayer, unless otherwise agreed. Predictive Maintenance performed outside of PM Hours will be charged at one and one-half (1.5) times Bayer’s contract service rate, or two (2) times the contract rate for weekends and holidays. WARRANTY EXCLUSIONS EXCEPT AS PROVIDED IN THE ABOVE WARRANTY SECTIONSSECTION, BAYER EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSEPURPO SE, AND ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED. IN NO EVENT SHALL BAYER BE LIABLE FOR ANY LOST PROFITS OR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR OPERATIONS OF BAYER’S PRODUCTS, INCLUDING ENHANCEMENTS, PRODUCT OR SERVICE. IN NO EVENT IS BAYER RESPONSIBLE FOR DAMAGES THAT EXCEED THE PAYMENT, IF ANY, RECEIVED BY BAYER FOR THE PRODUCT , INCLUDING ENHANCEMENTS, OR SERVICE FURNISHED, OR TO BE FURNISHED, PURSUANT TO THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSIONS ON LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS. EXCEPTIONS TO SERVICE WARRANTY AND ENHANCEMENT WARRANTY This Agreement does not cover:.

Appears in 1 contract

Samples: Service Agreement

WARRANTY ON REPAIRS. All materials, labor and service provided under this Agreement are warranted to be free of defects in material or workmanship for the longer of the term of this Agreement or ninety (90) days from the date provided. PREDICTIVE MAINTENANCE SCHEDULE. Bayer shall perform Predictive Maintenance on the Product(s) during the hours of 8:00 AM and 5:00 PM, Monday through Friday (PM Hours) unless otherwise indicated in the terms of this Agreement. For Injector and Monitor Products, Bayer will perform Predictive Maintenance within the first sixty (60) days of the effective date of this the Agreement or within twelve (12) months from the last PM provided by Bayer, unless otherwise agreed. Predictive Maintenance performed outside of PM Hours will be charged at one and one-half (1.5) times Bayer’s contract service rate, or two (2) times the contract rate for weekends and holidays. WARRANTY EXCLUSIONS EXCEPT AS PROVIDED IN THE ABOVE WARRANTY SECTIONSSECTION, BAYER EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED. IN NO EVENT SHALL BAYER BE LIABLE FOR ANY LOST PROFITS OR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR OPERATIONS OF BAYER’S PRODUCTS, INCLUDING ENHANCEMENTS, PRODUCT OR SERVICE. IN NO EVENT IS BAYER RESPONSIBLE FOR DAMAGES THAT EXCEED THE PAYMENT, IF ANY, RECEIVED BY BAYER FOR THE PRODUCT , INCLUDING ENHANCEMENTS, OR SERVICE FURNISHED, OR TO BE FURNISHED, PURSUANT TO THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSIONS ON LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS. EXCEPTIONS TO SERVICE WARRANTY AND ENHANCEMENT WARRANTY This Agreement does not cover:.

Appears in 1 contract

Samples: Service Agreement

WARRANTY ON REPAIRS. All materials, labor and service provided under this Agreement are warranted to be free of defects in material or workmanship for the longer of the term of this Agreement or ninety (90) days from the date provided. PREDICTIVE MAINTENANCE SCHEDULE. Bayer shall perform Predictive Maintenance on the Product(s) during the hours of 8:00 6:00 AM and 5:00 11:00 PM, Monday through Friday (PM Hours) unless otherwise indicated in the terms of this Agreement. For Injector and Monitor Products, Bayer will perform Predictive Maintenance within the first sixty (60) days of the effective date of this the Agreement or within twelve (12) months from the last PM provided by Bayer, unless otherwise agreed. Predictive Maintenance performed outside of PM Hours will be charged at one and one-half (1.5) times Bayer’s contract service rate, or two (2) times the contract service rate for weekends and holidays. WARRANTY EXCLUSIONS EXCEPT AS PROVIDED IN THE ABOVE WARRANTY SECTIONSSECTION, BAYER EXPRESSLY DISCLAIMS ALL WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE EXPRESSLY EXCLUDED. IN NO EVENT SHALL BAYER BE LIABLE FOR ANY LOST PROFITS OR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR OPERATIONS OF BAYER’S PRODUCTS, INCLUDING ENHANCEMENTS, PRODUCT OR SERVICE. IN NO EVENT IS BAYER RESPONSIBLE FOR DAMAGES THAT EXCEED THE PAYMENT, IF ANY, RECEIVED BY BAYER FOR THE PRODUCT , INCLUDING ENHANCEMENTS, OR SERVICE FURNISHED, OR TO BE FURNISHED, PURSUANT TO THIS AGREEMENT. SOME STATES DO NOT ALLOW THE EXCLUSIONS ON LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS. EXCEPTIONS TO SERVICE WARRANTY AND ENHANCEMENT WARRANTY This Agreement does not cover:.

Appears in 1 contract

Samples: Service Agreement

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