Common use of WARRANTY PROCEDURES Clause in Contracts

WARRANTY PROCEDURES. All Warranty claims hereunder must be made in writing promptly after discovery of the defect and must be received by Manufacturer's service department within the applicable warranty period. Such claims shall state the nature and details of the claim, the date on which the defect giving rise to the claim was first discovered, and the product serial number and must be attached to the defective product. Agent shall request authorization from Manufacturer prior to the return of each defective product for repair or replacement by Manufacturer. Upon such request, Manufacturer shall provide the address of the facility to which such product must be returned, together with a Return Material Authorization (RMA) number to be prominently displayed on the shipping container for the CONFIDENTIAL Agent Agreement ATS MEDICAL - Agreement dated November 9th, 2004 page 6 of 16 defective product. Manufacturer's obligation is limited to the repair or replacement, at its option, of any warranted Product that is returned to Manufacturer in Manufacturer's standard shipping container or properly packed in accordance with Manufacturer's packing procedures, freight prepaid, in which Manufacturer's examination shows the product to have failed under normal use. Upon determination of product failure, Manufacturer will reimburse Agent for shipping costs related to the return of the defective product to Manufacturer's facility. Manufacturer may, at its sole option, employ new or used parts for Products to make such repair or replacement. Any Products replaced under this warranty shall become Manufacturer's property. Notwithstanding any contrary provisions of this Agreement, Manufacturer shall be responsible for all shipping expenses and bear risk of loss relating to the return shipment to Agent of repaired or replacement Products which were under warranty.

WARRANTY PROCEDURES. All Warranty claims hereunder must be made in writing promptly after discovery of the defect and must be received by Manufacturer's service department within the applicable warranty period. Such claims shall state the nature and details of the claim, the date on which the defect giving rise to the claim was first discovered, and the product serial number and must be attached to the defective product. Agent Distributor shall request authorization from Manufacturer prior to the return of each defective product for repair or replacement by Manufacturer. Upon such request, Manufacturer shall provide the address of the facility to which such product must be returned, together with a Return Material Authorization (RMA) number to be prominently displayed on the shipping container for the CONFIDENTIAL Agent Agreement ATS MEDICAL - Agreement dated November 9th, 2004 page 6 of 16 defective product. Manufacturer's obligation is limited to the repair or replacement, at its option, of any warranted Product that is returned to Manufacturer in Manufacturer's standard shipping container or properly packed in accordance with Manufacturer's packing procedures, freight prepaid, in which Manufacturer's examination shows the product to have failed under normal use. Upon determination of product failure, Manufacturer will reimburse Agent Distributor for shipping costs related to the return of the defective product to Manufacturer's facility. Manufacturer may, at its sole option, employ new or used parts for Products to make such repair or replacement. Any Products replaced under this warranty shall become Manufacturer's property. Notwithstanding any contrary provisions of this Agreement, Manufacturer shall be responsible for all shipping expenses and bear risk of loss relating to the return shipment to Agent Distributor of repaired or replacement Products which were under warranty.