Common use of WARRANTY – SERVICES Clause in Contracts

WARRANTY – SERVICES. ‌ During the warranty period of twelve (12) months, or as specified in the applicable order or SOW, Supplier warrants that the Product shall meet the Requirements. Supplier shall provide warranty services (including unlimited telephonic support and all necessary travel and labor) during the Warranty Period at the prices identified in Exhibit B. Supplier shall correct, at no additional cost to any Authorized User, all errors identified during the warranty period that result in a failure of the Product to meet the Requirements. Exhibit D provides detailed descriptions of the Supplier’s warranty and maintenance offerings and responsibilities as well as remedies available to the Authorized User in the event Supplier fails to perform its warranty and maintenance obligations. Any remedies shall be paid to the Authorized User on a quarterly basis. Exhibit D defines coverage periods, response times, and restore times. If multiple warranty levels are available, an Authorized User may elect, at any time, an alternative warranty level offered by Supplier. Such amendment shall take effect within thirty (30) days following Supplier’s receipt of Authorized User’s written notice, in the form of a modification to an order or SOW. Authorized User’s designated control organization shall have the exclusive authority to request warranty services. Supplier shall not respond to calls for service from any other source without prior written approval of Authorized User’s agreement administrator designated on the relevant order. In addition to any remedies described in Exhibit D, if Supplier is unable to make the Product, including System Software, conform, in all material respects to the Requirements, within thirty (30) days following notification by an Authorized User, Supplier shall, at such Authorized User’s request, either (i) replace the non-conforming Product or (ii) accept return of the non-conforming Product and return all monies paid by such Authorized User for the returned Product. Exhibit D provides detailed descriptions of the Supplier’s warranty and maintenance offerings and responsibilities as well as remedies available to the Authorized User in the event Supplier fails to perform its warranty and maintenance obligations. Any remedies shall be paid to the Authorized User on a quarterly basis. Exhibit D defines coverage periods, response times, and restore times. Notwithstanding anything to the contrary in this Contract or in any exhibit hereto, VITA and any Authorized User retain all rights and remedies available at law or in equity. THE OBLIGATIONS OF SUPPLIER UNDER THIS WARRANTY AND REMEDY SECTION ARE MATERIAL. SUPPLIER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONCERNING MERCHANTABILITY OR FITNESS FOR ANY OTHER PARTICULAR PURPOSE.

WARRANTY – SERVICES. ‌ During the warranty period of twelve ninety (1290) monthscalendar days, or as specified in the applicable order or SOW, Supplier warrants that the Product shall will meet or exceed the Requirements. Supplier shall provide warranty services Warranty Services (including unlimited telephonic support and all necessary travel and labor) during the Warranty Period warranty period at the prices identified set forth in Exhibit B. B of this Contract. Supplier shall correct, at no additional cost to any Authorized User, all errors identified during the warranty period Warranty Period that result in a failure of the Product to meet the Requirements. Exhibit D B provides detailed descriptions of the Supplier’s warranty and maintenance offerings and responsibilities as well as remedies available to the Authorized User in the event Supplier fails to perform its warranty and maintenance obligations. Any remedies shall will be paid to the Authorized User on a quarterly basis. Exhibit D B defines coverage periods, response times, and restore times. If multiple warranty levels are available, an Authorized User may elect, at any time, an alternative warranty level offered by Supplier. Such Any amendment shall to the warranty level will take effect within thirty (30) calendar days following Supplier’s receipt of Authorized User’s written notice, in the form of a modification to an order or SOW. Authorized User’s designated control organization shall will have the exclusive authority to request warranty servicesWarranty Services. Supplier shall not respond to calls for service from any other source without prior written approval of Authorized User’s agreement administrator designated on the relevant order. In addition to any remedies described in Exhibit D, if Supplier is unable to make the Product, including System Software, conform, in all material respects to the Requirements, within thirty (30) days following notification by an Authorized User, Supplier shall, at such Authorized User’s request, either (i) replace the non-conforming Product or (ii) accept return of the non-conforming Product and return all monies paid by such Authorized User for the returned Product. Exhibit D provides detailed descriptions of the Supplier’s warranty and maintenance offerings and responsibilities as well as remedies available to the Authorized User in the event Supplier fails to perform its warranty and maintenance obligations. Any remedies shall be paid to the Authorized User on a quarterly basis. Exhibit D defines coverage periods, response times, and restore times. Notwithstanding anything to the contrary in this Contract or in any exhibit hereto, VITA and any Authorized User retain all rights and remedies available at law or in equity. THE OBLIGATIONS OF SUPPLIER UNDER THIS WARRANTY AND REMEDY SECTION ARE MATERIAL. SUPPLIER MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY CONCERNING MERCHANTABILITY OR FITNESS FOR ANY OTHER PARTICULAR PURPOSE.