Warranty. The warranty period is ninety (90) days and commences on the date of receipt or delivery, exceptthat the warranty period for expendable parts such as bulbs and fuses is limited to thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and repair or replacement of such Equipment will be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for any of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicable.
Appears in 4 contracts
Samples: Incredible Tiny Homes Purchase Agreement, Incredible Tiny Homes Purchase Agreement, Incredible Tiny Homes Purchase Agreement
Warranty. The Seller warrants that the Products will operate or perform substantially in conformance with Seller's published specifications and be free from defects in material and workmanship, when subjected to normal, proper and intended usage by properly trained personnel, for the period of time set forth in the product documentation, published specifications or package inserts. If a period of time is not specified in Seller's product documentation, published specifications or package inserts, the warranty period is shall be one (1) year from the date of shipment to Buyer for equipment and ninety (90) days and commences on for all other products (the date of receipt or delivery, exceptthat the warranty period for expendable parts such as bulbs and fuses is limited to thirty (30) days"Warranty Period"). Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days Seller agrees during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defectsWarranty Period, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and to repair or replacement of such Equipment will be performed on location or at Seller’s facilitiesreplace, at Seller’s 's option, defective Products so as to cause the same to operate in substantial conformance with no charge to said published specifications; provided that Buyer for shall (a) promptly notify Seller in writing upon the discovery of any defect, which notice shall include the product model and serial number (if applicable) and details of the warranty claim; and (b) after Seller's review, Seller will provide Buyer with service time expended. Equipment tobe examineddata and/or a Return Material Authorization ("RMA"), replacedwhich may include biohazard decontamination procedures and other product-specific handling instructions, or repaired at Seller’s facilities must be returned then, if applicable, Buyer may return the defective Products to Seller by Buyer within the warranty period with transportation charges all costs prepaid by Buyer. If examined Equipment is found not Replacement parts may be new or refurbished, at the election of Seller. All replaced parts shall become the property of Seller. Shipment to be defective Buyer of repaired or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer replacement Products shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all made in accordance with procedures outlined in the Delivery provisions of the Seller’s maintenance literature's Terms and Conditions of Sale. In regard Consumables are expressly excluded from this warranty. If Seller elects to this paragraphrepair defective medical device instruments, Seller may, in its sole discretion, provide a replacement loaner instrument to Buyer as necessary for use while the radius for repair will be fivehundred (500) miles maximum instruments are being repaired. Notwithstanding the foregoing, Products supplied by Seller that are obtained by Seller from an original manufacturer or third party supplier are not warranted by Seller, but Seller agrees to assign to Buyer any warranty rights in such Product that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses have from the original manufacturer or allow a third-third party contractor, carrying its own insurancesupplier, to be elected the extent such assignment is allowed by such original manufacturer or third party supplier. In no event shall Seller have any obligation to perform make repairs, replacements or corrections required, in whole or in part, as the result of (i) normal wear and tear, (ii) accident, disaster or event of force majeure, (iii) misuse, fault or negligence of or by Buyer, (iv) use of the Products in a manner for which they were not designed, (v) causes external to the Products such as, but not limited to, power failure or electrical power surges, (vi) improper storage and handling of the Products or (vii) use of the Products in combination with equipment or software not supplied by Seller. If Seller determines that Products for which Xxxxx has requested warranty services are not covered by the warranty hereunder, Buyer shall pay or reimburse Seller for all costs of investigating and responding to such request at Seller's then prevailing time and materials rates. If Seller provides repair services or replacement parts that are not covered by this warranty, remedialBuyer shall pay Seller therefor at Seller's then prevailing time and materials rates. ANY INSTALLATION, or damage services on the Tiny HomeMAINTENANCE, REPAIR, SERVICE, RELOCATION OR ALTERATION TO OR OF, OR OTHER TAMPERING WITH, THE PRODUCTS PERFORMED BY ANY PERSON OR ENTITY OTHER THAN SELLER WITHOUT SELLER'S PRIOR WRITTEN APPROVAL, OR ANY USE OF REPLACEMENT PARTS NOT SUPPLIED BY SELLER, SHALL IMMEDIATELY VOID AND CANCEL ALL WARRANTIES WITH RESPECT TO THE AFFECTED PRODUCTS. This third party shall not be considered to be an agent for the SellerTHE OBLIGATIONS CREATED BY THIS WARRANTY STATEMENT TO REPAIR OR REPLACE A DEFECTIVE PRODUCT SHALL BE THE SOLE REMEDY OF BUYER IN THE EVENT OF A DEFECTIVE PRODUCT. EXCEPT AS EXPRESSLY PROVIDED IN THIS WARRANTY STATEMENT, and the Seller will not be liable for any of the third party’s actions or workSELLER DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE PRODUCTS, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableSELLER DOES NOT WARRANT THAT THE PRODUCTS ARE ERROR-FREE OR WILL ACCOMPLISH ANY PARTICULAR RESULT.
Appears in 4 contracts
Samples: www.fishersci.com, www.fishersci.com, beta-static.fishersci.ca
Warranty. The Unless otherwise stated in a customer master agreement, quotation documents or product literature provided with the Product at the time of sale, Products manufactured by Seller are warranted solely to the original Buyer against defects in material and workmanship, when paid for and properly installed and maintained under normal use and service, for eighteen (18) months from date of shipment or one (1) year from date of installation, whichever occurs first, except SHURJOINT couplings and fittings, for which the warranty period is ninety (90) days and commences on shall by 10 years from the date of receipt shipment, In all cases, this warranty will expire not later than ten (10) years from date of shipment by Seller. Warranty will be immediately voided by substitution of non-Seller provided parts. This warranty specifically excludes a) products or delivery, exceptthat the warranty period for expendable parts such as bulbs components manufactured by companies not affiliated by ownership with Seller and fuses is limited to thirty (30) days. not bearing Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hoursor its affiliates’ brand name, b) for Products and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which components that have been promptly reported by Xxxxx subject to normal wear and are so tear, misuse, improper installation, corrosion, exposed to incompatible chemicals or materials, or c)that have not been installed, maintained, modified or repaired in accordance with applicable Standards of the National Fire Protection Association and/or the standards of any other Authorities Having Jurisdiction. Materials found by Seller upon inspection, during the warranty period. Examination and repair to be defective shall be either repaired or replacement of such Equipment will be performed on location or at Seller’s facilitiesreplaced, at Seller’s sole option. Seller neither assumes, nor authorizes any person to assume for it, any other obligation in connection with no charge to Buyer for service time expendedthe sale of Products or parts of Products. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found shall not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting system design errors or inaccurate or incomplete information supplied by Buyer or Buyer’s representatives. In no event shall Seller be liable, in contract, tort, strict liability or under any other legal theory, for incidental, indirect, special or consequential damages, including but not limited to lost profits and labor charges, regardless of lubricating and cleaning whether Seller was informed about the Equipment, replacing expendable parts, making minor adjustmentspossibility of such damages, and performing operating checks, all in accordance with procedures outlined in the no event shall Seller’s maintenance literatureliability exceed an amount equal to the sales price. In regard to this paragraphTHE FOREGOING WARRANTY IS MADE IN LIEU OF ANY AND ALL OTHER WARRANTIES, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. FurthermoreEXPRESS OR IMPLIED, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny HomeINCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. This third party shall not be considered limited warranty sets forth the exclusive remedy for claims based on failure of or defect in Products, materials or components, whether the claim is made in contract, tort, strict liability or any other legal theory. This warranty will apply to be an agent for the Sellerfull extent permitted by law. The invalidity, and the Seller in whole or part, of any portion of this warranty will not be liable for any of affect the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableremainder.
Appears in 4 contracts
Samples: www.shurjoint.com, www.shurjoint.com, www.shurjoint.com
Warranty. The warranty Except with respect to Software and unreleased parts, which includes prototypes, pre-release and sample parts, Seller warrants for a period is ninety of twelve (9012) days and commences on months from the date of receipt original shipment (the “Warranty Period”) that the Products will operate in conformity with written performance specifications set forth on Seller’s most recently published product data sheet for the production version Product (the “Specifications”); provided, however, that this warranty shall not apply to any Product (i) which has been damaged, abused or deliverymisused physically or electrically (including, exceptthat without limitation, by being operated outside the range of any environmental, power or operating parameters indicated on Seller’s data sheet), (ii) on which the trademark shall have been defaced or obliterated or (iii) which has been reworked or repaired by any party other than the Seller without Seller’s prior written authorization. Buyer shall request, in writing, a return material authorization (“RMA”) within the warranty period for expendable parts such as bulbs prior to returning any nonconforming Products. Any claim under this warranty must be submitted to and fuses is limited to thirty (30) daysreceived by Seller within the Warranty Period. Seller’s warranty obligation is limited issuance of an RMA will not commit Seller to providing remedial service during Seller’s normal business hours, and days during the warranty period and repairing or replacing making of any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and repair or replacement hereunder. Requests for RMAs must list the types and quantities of such Equipment all Products involved, the reason(s) the specific Product units are alleged to be defective or otherwise non-conforming, and provide any other information reasonably required by Seller concerning operating conditions involved and the period of use. In addition, the Order number and, where possible, the original invoice number covering the original purchase of the Products involved must also be identified on the RMA request. Returned Products must be shipped, transportation prepaid, by the most practical method of shipment. Shipping costs will be performed on location credited to the Buyer for all Products found to be subject to warranty adjustment. Excessive transportation costs will not be allowed. Seller can accept no billing for packing, inspection, labor charges or at Sellerother incidental costs in connection with any Products returned. Unless otherwise requested by Xxxxx, returned Products found not subject to this warranty will be sent back to Buyer, transportation collect. In all cases, Xxxxxx’s facilitiesdetermination will be final. With respect to Products found not in conformity with this warranty, the remedy will take the form, at Seller’s option, with no charge of a replacement or repair of the defective or nonconforming Product. In the event Seller determines that it is uneconomical to Buyer replace or repair warranted Products, Seller may, at its sole option, remit the dollar equivalent based upon the original Product sales price and said remittance will be calculated by applying the pro rata percentage of the unexpired warranty to the original Product sales price. In the event of replacement pursuant to the foregoing warranty, such warranty shall apply to the replaced product. In the event of repair pursuant to the foregoing warranty, the validity of the foregoing warranty will be twelve (12) months from the date of shipment of the repaired Product less the period of time between the date of original shipment and the date on which Seller received return of the Product for service time expendedrepair. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned sole obligation and liability for non-conforming Products shall be, at its expense and at its sole option, to Seller by Buyer within repair or replace them or to accept their return and refund You the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not applicable purchase price to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and extent paid by You. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES WHETHER WRITTEN, ORAL, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) AND SHALL BE EXPRESSLY FOR THE BENEFIT OF THE BUYER WITH NO TRANSFER RIGHTS OR BENEFIT TO ANY THIRD PARTY. THE FOREGOING CONSTITUTES BUYER’S SOLE REMEDY AND SELLER’S SOLE LIABILITY FOR BREACH OF WARRANTY. NOTWITHSTANDING THE FOREGOING OR ANY OTHER STATEMENT IN THESE TERMS, ANY AND ALL PARTS THAT ARE SHIPPED AS SAMPLES, PROTOTYPES OR IN PRE-PRODUCTION OR PRE-RELEASE FORM, WHETHER DESIGNATED AS SUCH BY SELLER IN AN ACKNOWLEDGMENT, INVOICE, SHIPPING DOCUMENT OR OTHER WRITING ISSUED BY SELLER AS “PRE-PRODUCTION RELEASE PARTS”, “PRE-PROD”, “SAMPLE”, “PPR” OR BY OTHER SIMILAR NOTATION IN THEIR PART NUMBER OR OTHERWISE, OR THAT OTHERWISE HAVE NOT YET BEEN RELEASED BY SELLER FOR GENERAL AVAILABILITY, MAY CONTAIN DEFECTS AND ARE PROVIDED “AS-IS, WITH ALL FAULTS” AND WITHOUT A WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. Seller reserves the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning right to change the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable part number for any pre- production release part to the applicable corresponding production released part number at any time and will notify Buyer of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicablesuch change.
Appears in 4 contracts
Samples: Quotation and Sale, www.apitech.com, www.apitech.com
Warranty. The warranty Seller warrants that, for a period of two (2) years from the date a Product is ninety delivered to Buyer, such Product will be free from any defects in design, material and workmanship, such Product will be in conformity with any applicable drawings and specifications, and title to such Products shall be unencumbered. Payment for Products will not constitute approval or acceptance of goods or services by Buyer; Buyer’s right of inspection will survive payment. Buyer reserves the right to return, at Seller's expense, any defective or nonconforming Products or shipments received contrary to this Order. If requested by Xxxxx, Seller will, at Buyer’s option, refund the purchase price of the Products, or correct or replace, at Seller's expense, the defective or nonconforming Products within ten (9010) days after notice by Buyer to Seller. All costs in connection with or as a result of such defective or nonconforming Products, including, without limitation, cost to transport the Products from Buyer to Seller and commences on return shipment to Buyer, will be borne by Seller. This warranty will then continue as to the corrected or replaced Products for two (2) years after the date of receipt delivery of the corrected or deliveryreplaced Products to Buyer. If Seller fails to repair or replace the Product within the time periods set forth herein, exceptthat Buyer may repair or replace the warranty defective or nonconforming goods at Seller's expense. Rejected or nonconforming Products will not be deemed delivered on-time unless corrected or replaced Products are delivered within the on-time period for expendable parts such applicable to this Order. Seller warrants that (i) it and all subcontractors (as bulbs and fuses is limited to thirty (30permitted in Section 22 below) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found hired by Seller upon inspectionwill perform all Services in a good and workmanlike manner, during the warranty period. Examination (ii) all Services, including all materials and repair equipment furnished hereunder, shall conform to all requirements and specifications identified in this Order or replacement of such Equipment will be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned provided to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard pursuant to this paragraph, the radius for repair will be fivehundred (500) miles maximum Order and all industry standards established by those engaged in a business similar to that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the of Seller, and (iii) all Services shall be free from defects of any kind in materials and workmanship. In the event of defective or nonconforming Services and if requested by Buyer, Seller will not be liable for any will, at Buyer’s option, refund the purchase price of the third partyServices, re-perform the Services, or replace the defective or nonconforming Services with conforming Services, within such time as Buyer reasonably specifies, in each case at Seller’s actions expense. If Seller fails to re-perform or work. The Buyerreplace the defective or nonconforming Services with conforming Services within such time as Buyer reasonably specifies, hereby, waives all rights, claims, and actions against Buyer may purchase the Seller for any of the third partyServices from an alternative supplier at Seller’s work in the case this Paragraph isapplicableexpense.
Appears in 4 contracts
Samples: Acceptance; Entire Agreement, Acceptance; Entire Agreement, Acceptance; Entire Agreement
Warranty. The warranty period is ninety (90) days Seller warrants to Purchaser that any products provided by Seller hereunder shall be free from defects in material or workmanship under normal use and commences on the date of receipt or delivery, exceptthat the warranty period for expendable parts such as bulbs and fuses is limited to thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days operation during the warranty period stated herein. If any catalog products provided hereunder prove to be defective in material and workmanship within a period of ten (10) years from the date of manufacture or any non-catalog products provided hereunder prove to be defective in material and workmanship within a period of one (1) year from the date of manufacture, Seller, if promptly notified thereof in writing, will correct such defect at its own expense by, at its option, repairing or replacing any the defective material products. Products manufactured by third party are covered by the original manufacturers’ warranty. THE FOREGOING IS THE SOLE AND EXCLUSIVE WARRANTY OF THE SELLER. ALL OTHER WARRANTIES, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED. INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED BY SELLER AND EXCLUDED FROM THESE TERMS OF SALE. Claims for defective products shall be subject to verification by an authorized employee of Seller. No products shall be returned to Seller without its prior written consent. Products which Seller consents to have returned shall be shipped prepaid F.O.B. the seller’s factory or work performed at other location designated by the Seller. Seller shall not assume responsibility or accept invoices for unauthorized repairs or alterations its optionproducts, even though defective. This includes defects, which have been promptly reported by Xxxxx and are so found Any replacement or repaired product furnished under this warranty by Seller upon inspection, during shall be warranted for the balance of the warranty periodperiod and under the same warranty conditions as applicable to the original product. Examination and The foregoing warranty does not apply to experimental, prototype or developmental products. Seller makes no warranty on products manufactured by others which are resold by Seller. Seller shall use its best efforts to obtain from each such product manufacturer, in accordance with the manufacturer’s warranty or customary practice, the repair or replacement of such Equipment will be performed on location products which prove defective in material or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for any of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableworkmanship.
Appears in 3 contracts
Samples: spirepowersolutions.com, www.harmonicslimited.com, jeffersonelectric.com
Warranty. The warranty For a period is ninety (90) days and commences on of one year from the date of receipt shipment, and provided payments for the Products have been made by Buyer to Seller, Seller warrants to Buyer that its Products: (i) substantially conform to Seller’s published specifications and (ii) are free from defects in material or delivery, exceptthat the workmanship. Specific products may have a warranty period greater than one year. See xxx.xxxxxxx.xxx/xxxxx for expendable parts such as bulbs those Products where extended warranties may apply (document 100-003). Any Services provided by Seller are warranted to be performed in a good and fuses is limited workmanlike manner. If a warranted Product or any Services fail to thirty (30) daysconform to these warranties, Buyer must promptly notify Seller in writing. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hoursSeller will, and days during the warranty period and repairing or replacing any defective material or work performed at its optiondiscretion and at no charge to the Buyer: (i) repair the Product or Services; (ii) replace the Product or any Services; or (iii) offer a full refund of that portion of the purchase price allocable to the non-conforming Product or Services. This includes defects, which have been promptly reported by Xxxxx and are so found Warranty repair or replacement by Seller upon inspection, during will not extend or renew the applicable warranty period. Examination Buyer will obtain Seller's agreement on the specifications of any tests it plans to conduct to determine whether a Product non-conformance exists. Buyer will bear the costs of access for Seller's remedial warranty efforts (including removal and repair or replacement of such Equipment will be performed on location systems, structures or at Seller’s facilitiesother parts of Buyer's facility), at Seller’s optionde-installation, with no charge to Buyer for service time expendeddecontamination and re- installation. Equipment tobe examinedTHE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, replacedEXPRESS OR IMPLIED, or repaired at Seller’s facilities must be returned to INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER DOES NOT WARRANT THAT THE OPERATION OF ANY SOFTWARE PROVIDED WILL BE UNINTERRUPTED OR ERROR OR BUG-FREE. This warranty allocates the risks of Product failure between Seller by Buyer within the warranty period with transportation charges prepaid by and Buyer. If examined Equipment This allocation is found not to be defective or recognized by both parties and is for some other reason not within reflected in the warranty coverageprice of the Products. Xxxxx acknowledges that it has read this Contract, Seller’s reasonable service time expended on understands it, and off location will be charged agrees to and paid is bound by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for any of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableterms.
Appears in 3 contracts
Samples: Terms and Conditions of Sale, Terms and Conditions of Sale, Terms and Conditions of Sale
Warranty. The Seller’s warranty period is ninety (90) days and commences on 24 months from the date of receipt delivery at his establishment and it refers to the conformity of the goods with the technical characteristics specified in the contract and the exemption from any defects which makes them unsuitable for use as intended or delivery, exceptthat diminish the warranty period appreciably of their value. The Seller does not guarantee the conformity of the goods to technical characteristics not expressly indicated in the contract or their suitability for expendable parts such as bulbs and fuses is limited to thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and repair or replacement of such Equipment will be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid different uses by the buyerBuyer, otherwise expressly specified in the contract. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard warranty does not cover defects caused by events subsequent to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel delivery not attributable to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, including failed checks at the receipt of the good as specified in the art.11; careless storage; natural wear; alteration or repairs carried out by the Buyer or third parties in unsuitable ways or without Seller’s approval. The Buyer shall notify Seller, with photographic documentation, about the no conformity of the good within 10 days from the receipt; within the same time line of 10 days, the Buyer shall notify the Seller about the existence of apparent defects, detectable with due diligence. In case of no apparent defects, the Buyer shall notify the Seller within 10 day from the discovery of the defects, enclosing photographic documentation. The warranty shall apply only if the complaint of defect is notified within the time indicated above. However, the Seller reserves the right to examine and control the goods to verify if the Buyer’s complaint is justified. Unless otherwise agreed by the Parties, when the complaint is presented within the time limit and it is founded, the Seller proceed to the replacement of the vitiated component, delivering the replecement part to the Buyer within 60 days from the complaint. In this case, the Buyer may not request neither the termination of the contract nor a price reduction. The Buyer does not require the termination of the contract even when the goods have been irreversibly transformed or when they are not yet in his availability. In any case, any possible complaints of the Buyer do not justify the suspension, even partly, of the payment of the contestated goods nor the suspension of the collection of the goods and the Seller will not be liable for any payment of other supply. Unless otherwise agreed, the replacement of the third party’s actions or work. The vitiated part is to be understood free carrier (FCA) with all expenses and the transport risk borne by the Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicable.
Appears in 3 contracts
Samples: www.ritmo.it, www.ritmo.it, www.ritmo.it
Warranty. The warranty period is ninety (90) days Landlord represents and commences on warrants that as of the date Possession Date, the Tenant Improvements will be in new condition and in good working order and in compliance with all Laws in effect at the time of receipt or delivery, exceptthat filing for the warranty period for expendable parts such as bulbs building permits and fuses is limited to thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hoursthe Final Approved Plans, and days during Landlord warrants labor and materials on all Tenant Improvements installed or constructed by Landlord for a period of two (2) years from the warranty period and repairing or replacing any defective material or work performed at its option. This includes defectsDate of Substantial Completion (the “Construction Warranty”); provided, which have been promptly reported by Xxxxx and are so found by Seller upon inspectionhowever, during that the warranty period. Examination and repair or replacement of such Equipment will be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller Construction Warranty will not be liable effective for any maintenance, repairs, or replacements necessitated due to the misuse of Tenant or its subtenants, employees, agent, licensees, invitees, and guests, or damages caused by, the negligence or intentional misconduct of Tenant, its employees, contractors, agents, subtenants, licensees, invitees, or guests. Landlord shall use commercially reasonable efforts to enforce all manufacturer’s materialman’s, vendor’s, and contractor’s warranties on the Premises (regardless of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any duration of the third party’s work in Construction Warranty hereunder). Landlord will pursue any valid warranty claims against its contractor beyond the case this Paragraph isapplicabletwo (2) year warranty provided that any expenses incurred and/or any recovery obtained shall be treated as either additional Operating Costs or an offset to Operating Costs under Section 5.03(a). Schedule C-1 Preliminary Plans Schedule C-2 Final Plans and Specifications Preparation Schedule Schedule C-3 Final Plans and Specifications EXHIBIT D RESERVED PARKING EXHIBIT E LETTER AGREEMENT THIS AGREEMENT is made as of the day of , 2020_ between BR HEALTH HOLDINGS, LLC (hereinafter referred to as “Landlord”) and CONSOLIDATED CITY OF INDIANAPOLIS, DEPARTMENT OF PARKS & RECREATION (hereinafter referred to as “Tenant”).
Appears in 3 contracts
Samples: Letter Agreement, Letter Agreement, Letter Agreement
Warranty. Unless otherwise specified in Vendor written materials pertaining to a particular Product, Vendor warrants to Customer that Products purchased under this Agreement conform to Vendor’s published specifications (“Specifications”) and are free from defects in workmanship and material at the time of shipment. If, upon inspection within a reasonable time after delivery and before implantation or use, Customer discovers a failure of a Product to conform to Specifications or a defect in material and workmanship, it must promptly notify Vendor in writing. Within a reasonable time after such notification, Vendor will correct any failure of the Product to conform to the warranty by providing, at its option, repair of the Product, a replacement unit, or a refund of the purchase price, if applicable. The aforementioned remedies are Customer’s exclusive remedies for breach of warranty under this Agreement. The foregoing warranties, unless otherwise agreed by the Parties in a written addendum to this Agreement or expressly provided in the Specifications, shall extend for a period is ninety of one (901) days and commences year commencing on the date of receipt or delivery, exceptthat shipment of the warranty period for expendable parts such as bulbs and fuses is limited Product to thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during the warranty period and repairing or replacing any defective material or work performed at its optionCustomer. This includes defectswarranty does not extend to or cover (a) any product, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and repair or replacement of such Equipment will be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replacedcomponents, or repaired at Sellerparts not manufactured or sold by Vendor, (b) damage caused by Customer’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is use of any Product for some purposes other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible than those for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined which it was designed as set forth in the Seller’s maintenance literature. In regard to this paragraphSpecifications, the radius for repair will be fivehundred (500c) miles maximum that Seller may electto travel to perform services under this contract. Furthermoredamage caused by unauthorized attachments or modification, Xxxxx agrees to allow (d) any other abuse or misuse of Product by Customer, its employees, representatives, contractors and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedialagents, or damage services on (e) any Vendor Product where the Tiny HomeCustomer receives the Product from a person or entity that is not affiliated with or authorized by Vendor. This third party shall not be considered to be an agent for the SellerTHE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, and the Seller will not be liable for any of the third party’s actions or workEXPRESS OR IMPLIED, RELATING TO THIS AGREEMENT OR THE PRODUCTS OR MATERIALS TO BE PROVIDED UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableALL SUCH OTHER WARRANTIES AND REPRESENTATIONS ARE HEREBY DISCLAIMED.
Appears in 3 contracts
Samples: Product Purchase Agreement, Product Purchase Agreement, www.zimvie.lat
Warranty. The Seller warrants that each product will be free of defects in material and workmanship and conform to Seller’s applicable specifications for the period set forth below. Seller’s warranty period is ninety (90) days and commences on shall be for the following periods from the date of receipt delivery: for (a) unassembled semiconductor devices (die or delivery, exceptthat the warranty period for expendable parts such as bulbs and fuses is limited to wafer form) – thirty (30) days; (b) all Buyer designed products (foundry services) – thirty (30) days; and (c) all Seller designed and assembled products – one (1) year. This warranty commences on the date the product is shipped by Seller. Seller warrants repaired product from date of redelivery, for the duration of the original warranty, and further warrants the repaired element within the product for a period of six (6) months from redelivery. Seller’s 's sole liability and responsibility under this warranty obligation is limited to providing remedial repair, replace, or issue a credit for the purchase price of any returned product which Seller determines does not conform to the warranty. Product returned to Seller for warranty service during Seller’s normal business hours, and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and repair or replacement of such Equipment will be performed on location or shipped to Seller at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must Buyer's expense and will be returned to Buyer at Seller's expense. In no event shall Seller be responsible under this warranty for any defect which is caused by Buyer within negligence, misuse, or mistreatment of a product or for any unit which has been altered or modified in any way. The warranty for replacement products shall terminate with the warranty period with transportation charges prepaid by Buyerof the product. If examined Equipment is found not to be defective or is Seller makes NO WARRANTY for some other reason not within the warranty coverageproducts identified as prototypes, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipmentengineering samples, replacing expendable partstest boards, making minor adjustmentspre-production qualified products, and performing operating checks, all products used as described in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedialSection 20 below, or damage services on the Tiny Homeproducts not manufactured by Seller. This third party All such unwarranted products are sold to Buyer “AS IS”. Seller's warranties as hereinabove set forth shall not be considered to be an agent for the Sellerenlarged, diminished, or affected by, and the Seller will not be liable for any no obligation or liability shall arise or grow out of, Seller's rendering of technical advice or service in connection with Buyer's order of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableproducts furnished hereunder.
Appears in 3 contracts
Samples: Terms and Conditions of Sale, Terms and Conditions of Sale, Terms and Conditions of Sale
Warranty. The warranty Seller warrants that, for a period of two (2) years from the date a Product is ninety delivered to Buyer, such Product will be free from any defects in design, material and workmanship, such Product will be in conformity with any applicable drawings and specifications, and title to such Products shall be unencumbered. Payment for Products will not constitute approval or acceptance of goods or services by Buyer; Buyer’s right of inspection will survive payment. Buyer reserves the right to return, at Seller's expense, any defective or nonconforming Products or shipments received contrary to this Order. If requested by Xxxxx, Seller will, at Buyer’s option, refund the purchase price of the Products, or correct or replace, at Seller's expense, the defective or nonconforming Products within ten (9010) days after notice by Buyer to Seller. All costs in connection with or as a result of such defective or nonconforming Products, including, without limitation, cost to transport the Products from Buyer to Seller and commences on return shipment to Buyer, will be borne by Seller. This warranty will then continue as to the corrected or replaced Products for two (2) years after the date of receipt delivery of the corrected or deliveryreplaced Products to Buyer. If Seller fails to repair or replace the Product within the time periods set forth herein, exceptthat Buyer may repair or replace the warranty defective or nonconforming goods at Seller's expense. Rejected or nonconforming Products will not be deemed delivered on-time unless corrected or replaced Products are delivered within the on-time period for expendable parts such applicable to this Order. Seller warrants that (i) it and all subcontractors (as bulbs and fuses is limited to thirty (30permitted in Section 22 below) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found hired by Seller upon inspectionwill perform all Services in a good and workmanlike manner, during the warranty period. Examination (ii) all Services, including all materials and repair equipment furnished hereunder, shall conform to all requirements and specifications identified in this Order or replacement of such Equipment will be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned provided to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard pursuant to this paragraph, the radius for repair will be fivehundred (500) miles maximum Order and all industry standards established by those engaged in a business similar to that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the of Seller, and the Seller will not (iii) all Services shall be liable for free from defects of any of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, kind in materials and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableworkmanship.
Appears in 3 contracts
Samples: Acceptance; Entire Agreement, Acceptance; Entire Agreement, Acceptance; Entire Agreement
Warranty. The warranty SODERN undertakes to remedy any defects resulting from faulty design, materials or workmanship, for a period is ninety of 12 (90twelve) days and commences on months starting from the date of receipt Delivery, or delivery, exceptthat until launch whichever occurs first. BUYER shall notify SODERN in writing without delay of any defects that have appeared and shall give to SODERN every opportunity of inspecting and remedying them by returning to SODERN the warranty period for expendable parts such as bulbs and fuses is limited Equipment in which a defect covered by this clause has appeared. The delivery to thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and repair or replacement BUYER of such Equipment will properly repaired shall be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not deemed to be defective or is for some other reason not within the warranty coverage, Sellera fulfilment by SODERN of his obligations under this Agreement. Defective parts replaced in accordance with this clause shall be SODERN’s reasonable service time expended on and off location will be charged to and paid by the buyerproperty. The buyer period of warranty shall be responsible for all extended by such period as the defective items were not available to BUYER. Are at SODERN’s expenses: • cost of transportation and return of the Equipment between BUYER and SODERN’s premises, • cost of parts, • cost of SODERN’s manpower (exclusive of personnel travel expenses in case of repair at BUYER's premises). SODERN's liability shall not apply in case of: • defects caused by components, equipment or sub-assembly furnished by BUYER, • improper use, maintenance services consisting or storage of lubricating and cleaning the Equipment, replacing expendable parts• alteration or repair carried out without SODERN's consent in writing, making minor adjustmentsor carried out improperly, • normal wear, • defects which are induced by any anomaly occurred in an electronic or mechanical components following alert. The warranty applies to the Equipment delivered by SODERN and performing operating checksexcludes any costs in relation with the disassembly/re-assembly (including failure analysis, all in accordance with procedures outlined tests, etc) of SODERN's defective Equipment integrated in the Sellerhigher BUYER equipment. Any costs induced by defective components supplied by BUYER (such as failure analysis, tests, disassembly re-assembly) are excluded from the field of the warranty. The provisions herein represent SODERN’s maintenance literatureentire liability in respects of defects in the Equipment after acceptance. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services The warranties provided under this contract. Furthermoreprovision are exclusive of any oral, Xxxxx agrees to allow and provide reasonable travel expenses written, express or allow a third-party contractorimplied warranty as well as any compensation, carrying its own insurance, to be elected by Seller to perform warranty, remedial, remedy or damage services on damages that the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for any of the third party’s actions BUYER would claim under this Agreement or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableat law.
Appears in 3 contracts
Samples: Terms and Conditions, Terms and Conditions, Terms and Conditions
Warranty. 11.1 The warranty Company warrants to Reseller only that the hardware and equipment with the exception of PrintStations and MicroScanners sold to Reseller pursuant to this Agreement will be free of material defects for a period is ninety of * (90*) days and commences on the days, unless specifically stated differently, from initial delivery. Should any defect in workmanship or material appear within * (*) days, unless specifically stated differently, after initial date of receipt or delivery, exceptthat the warranty period for expendable parts such as bulbs and fuses is limited to thirty Company will (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hoursupon written notification thereof, and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, delivered during the warranty period. Examination , and substantiation by Reseller that the hardware and equipment have been stored, installed, maintained and operated in accordance with the Company's requirements and standard industry practice, and that the defect(s) have not arisen from unauthorized repair, modification, or improper connection by mechanical or electrical means to any other piece of equipment or device) correct such defect(s) by suitable repair or replacement at the Company's facilities, or at the place of such Equipment business of the Company's designated local representative, or at Reseller's place of business, at the Company's option. The Company warrants to Reseller only that the PrintStations and MicroScanners sold to Reseller pursuant to this Agreement will be performed on location free of material defects for a period of * (*) days, unless specifically stated differently, from initial delivery. All returns to the Company or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities its representative must be returned pre-authorized in writing and shipped prepaid. The Company assumes no risk of loss or damage prior to Seller by Buyer within the warranty period with transportation charges acceptance of delivery. Return shipment will not be prepaid by Buyerthe Company if inspection fails to disclose a warranted defect. If examined Equipment It is found not to agreed between the parties that the foregoing shall be defective or is Reseller's exclusive remedy for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyerwarranted defects. The buyer sole purpose of this exclusive remedy shall be responsible for all maintenance services consisting to provide Reseller with free repair and replacement of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustmentsdefective parts in the manner provided herein, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow hardware and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party equipment shall not be considered deemed to be an agent have failed of its essential purpose so long as the Company is willing and able to repair or replace defective parts in the described manner. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF (AND THE COMPANY DISCLAIMS) ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR OTHER WARRANTY OF QUALITY OR PERFORMANCE, WHETHER EXPRESSED OR IMPLIED. Correction of non-conformities, in the manner and for the Sellertime period provided above, shall constitute fulfillment of all liabilities of the Company to Reseller with respect to, or arising out of, the goods or their use, whether based on contract, negligence, strict liability or otherwise. Reseller shall be fully responsible for any warranty claims, expressed or implied, brought by its End-Users, and shall hold the Seller will not be liable for any of Company harmless with regard to same. * Confidential information has been omitted and filed separately with the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableCommission.
Appears in 3 contracts
Samples: Reseller Agreement (T/R Systems Inc), Reseller Agreement (T/R Systems Inc), Reseller Agreement (T/R Systems Inc)
Warranty. The warranty Seller warrants that, for a period of two (2) years from the date a Product is ninety delivered to Buyer, such Product will be free from any defects in design, material and workmanship, such Product will be in conformity with any applicable drawings and specifications, and title to such Products shall be unencumbered. Payment for Products will not constitute approval or acceptance of goods or services by Buyer; Buyer’s right of inspection will survive payment. Buyer reserves the right to return, at Seller's expense, any defective or nonconforming Products or shipments received contrary to this Order. If requested by Buyer, Seller will, at Buyer’s option, refund the purchase price of the Products, or correct or replace, at Seller's expense, the defective or nonconforming Products within ten (9010) days after notice by Buyer to Seller. All costs in connection with or as a result of such defective or nonconforming Products, including, without limitation, cost to transport the Products from Buyer to Seller and commences on return shipment to Buyer, will be borne by Seller. This warranty will then continue as to the corrected or replaced Products for two (2) years after the date of receipt delivery of the corrected or deliveryreplaced Products to Buyer. If Seller fails to repair or replace the Product within the time periods set forth herein, exceptthat Buyer may repair or replace the warranty defective or nonconforming goods at Seller's expense. Rejected or nonconforming Products will not be deemed delivered on-time unless corrected or replaced Products are delivered within the on-time period for expendable parts such applicable to this Order. Seller warrants that (i) it and all subcontractors (as bulbs and fuses is limited to thirty (30permitted in Section 21 below) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found hired by Seller upon inspectionwill perform all Services in a good and workmanlike manner, during the warranty period. Examination (ii) all Services, including all materials and repair equipment furnished hereunder, shall conform to all requirements and specifications identified in this Order or replacement of such Equipment will be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned provided to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard pursuant to this paragraph, the radius for repair will be fivehundred (500) miles maximum Order and all industry standards established by those engaged in a business similar to that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the of Seller, and the Seller will not (iii) all Services shall be liable for free from defects of any of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, kind in materials and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableworkmanship.
Appears in 2 contracts
Samples: Acceptance; Entire Agreement, Acceptance; Entire Agreement
Warranty. RAMTRON warrants that Products delivered hereunder shall be free from defects in material and workmanship under normal use and service for a period of one (3) years from the delivery of Products to the AMPY Buyers. If, during such one year period, (i) RAMTRON is notified promptly in writing upon discovery of any defect in the Products, including a detailed description of such defect; (ii) if possible, the AMPY Buyers returns such Products to RAMTRON, F.O.B. RAMTRON's facility or at least a representative sample thereof; and (iii) RAMTRON's examination of such Products discloses the RAMTRON's satisfaction that such Products are defective and such defects are not caused by accident, abuse, misuse, neglect, alteration, improper installation, repair or alteration by someone other than RAMTRON, improper testing, or use contrary to any instructions issued by RAMTRON, then within a reasonable time RAMTRON shall refund the AMPY Buyers with the purchase price for such Products together with the transportation charges originally incurred by the AMPY Buyers and any costs incurred by the AMPY Buyers in returning the samples to RAMTRON. The performance of this warranty period is ninety (90) days and commences on the date of receipt or delivery, exceptthat does not extend the warranty period for expendable parts such as bulbs and fuses is limited any Products beyond that period applicable to thirty (30) daysthe Products originally delivered. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hoursTHE FOREGOING WARRANTY CONSTITUTES RAMTRON'S EXCLUSIVE LIABILITY, and days during the warranty period and repairing or replacing any defective material or work performed at its optionAND THE EXCLUSIVE REMEDY OF THE AMPY BUYERS, FOR ANY BREACH OF ANY WARRANTY OR OTHER NONCONFORMITY OF PRODUCTS. This includes defectsTHIS WARRANTY IS EXCLUSIVE, which have been promptly reported by Xxxxx and are so found by Seller upon inspectionAND IN LIEU OF ALL OTHER WARRANTIES, during the warranty period. Examination and repair or replacement of such Equipment will be performed on location or at Seller’s facilitiesEXPRESS, at Seller’s optionIMPLIED OR STATUTORY, with no charge to Buyer for service time expended. Equipment tobe examinedINCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for any of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableWHICH ARE HEREBY EXPRESSLY DISCLAIMED.
Appears in 2 contracts
Samples: Volume Purchase Agreement (Ramtron International Corp), Volume Purchase Agreement (Ramtron International Corp)
Warranty. The Seller warrants that the Products will operate or perform substantially in conformance with Seller's published specifications and be free from defects in material and workmanship, when subjected to normal, proper and intended usage by properly trained personnel, for the period of time set forth in the product documentation, published specifications or package inserts. If a period of time is not specified in Seller’s product documentation, published specifications or package inserts, the warranty period is ninety shall be one (901) days and commences on year from the date of receipt or delivery, exceptthat and where applicable, one (1) year from successful SAT (the warranty period for expendable parts such as bulbs and fuses is limited to thirty (30) days"Warranty Period"). Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days Seller agrees during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defectsWarranty Period, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and to repair or replacement of such Equipment will be performed on location or at Seller’s facilitiesreplace, at Seller’s 's option, defective Products so as to cause the same to operate in substantial conformance with no charge to said published specifications; provided that Buyer for service time expended. Equipment tobe examinedshall (a) promptly notify Seller in writing upon the discovery of any defect, replaced, or repaired at which notice shall include the product model and serial number (if applicable) and details of the warranty claim; and (b) after Seller’s facilities must be returned review, Seller will provide Buyer with service data and/or a Return Material Authorization (“RMA”), which may include biohazard decontamination procedures and other product-specific handling instructions, then, if applicable, Buyer may return the defective Products to Seller by Buyer within the warranty period with transportation charges all costs prepaid by Buyer. If examined Equipment is found not Replacement parts may be new or refurbished, at the election of Seller. All replaced parts shall become the property of Seller. Shipment of Products subject to warranty shall be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyerDAP origin. Consumables are expressly excluded from this warranty. The buyer shall be responsible Warranty Period does not restart for all maintenance services consisting of lubricating and cleaning Products repaired during the EquipmentWarranty Period. Notwithstanding the foregoing, replacing expendable partsProducts supplied by Seller that are obtained by Seller from an original manufacturer or third party supplier are not warranted by Seller, making minor adjustments, and performing operating checks, all but Seller agrees to assign to Buyer any warranty rights in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum such Product that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses have from the original manufacturer or allow a third-third party contractor, carrying its own insurancesupplier, to be elected the extent such assignment is allowed by Seller to perform warranty, remedial, such original manufacturer or damage services on the Tiny Home. This third party supplier. In no event shall not be considered Seller have any obligation to be an agent for make repairs, replacements or corrections required, in whole or in part, as the Sellerresult of (i) normal wear and tear, and the Seller will not be liable for any (ii) accident, disaster or event of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicable.force majeure,
Appears in 2 contracts
Samples: Terms and Conditions of Sale, Terms and Conditions of Sale
Warranty. The warranty Seller warrants that, for a period of two (2) years from the date a Product is ninety delivered to Buyer, such Product will be free from any defects in design, material and workmanship, such Product will be in conformity with any applicable drawings and specifications, and title to such Products shall be unencumbered. Payment for Products will not constitute approval or acceptance of goods or services by Buyer; Buyer’s right of inspection will survive payment. Buyer reserves the right to return, at Seller's expense, any defective or nonconforming Products or shipments received contrary to this Order. If requested by Xxxxx, Seller will, at Buyer’s option, refund the purchase price of the Products, or correct or replace, at Seller's expense, the defective or nonconforming Products within ten (9010) days after notice by Buyer to Seller. All costs in connection with or as a result of such defective or nonconforming Products, including, without limitation, cost to transport the Products from Buyer to Seller and commences on return shipment to Buyer, will be borne by Seller. This warranty will then continue as to the corrected or replaced Products for two (2) years after the date of receipt delivery of the corrected or deliveryreplaced Products to Buyer. If Seller fails to repair or replace the Product within the time periodsset forth herein, exceptthat Buyer may repair or replace the warranty defective or nonconforming goods at Seller's expense. Rejected or nonconforming Products will not be deemed delivered on-time unless corrected or replaced Products are delivered within the on-time period for expendable parts such as bulbs applicable to this Order. Seller warrants that (i) it and fuses is limited to thirty (30all subcontractors(as permitted in Section 22 below) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found hired by Seller upon inspectionwill perform all Services in a good and workmanlike manner, during the warranty period. Examination (ii) all Services, including all materials and repair equipment furnished hereunder, shall conform to all requirements and specifications identified in this Order or replacement of such Equipment will be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned provided to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard pursuant to this paragraph, the radius for repair will be fivehundred (500) miles maximum Order and all industry standards establishedby those engaged in a business similar to that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the of Seller, and (iii) all Services shall be free from defects of any kind in materials and workmanship. In the event of defective or nonconforming Services and if requested by Buyer, Seller will not be liable for any will, at Buyer’s option, refund the purchase price of the third partyServices, re-perform the Services, or replace the defective or nonconforming Services with conforming Services, within such time as Buyer reasonably specifies, in each case at Seller’s actions expense. If Seller fails to re- perform or work. The Buyerreplace the defective or nonconforming Services with conforming Services within such time as Buyer reasonably specifies, hereby, waives all rights, claims, and actions against Buyer may purchase the Seller for any of the third partyServices from an alternative supplier at Seller’s work in the case this Paragraph isapplicableexpense.
Appears in 2 contracts
Samples: Acceptance; Entire Agreement, Acceptance; Entire Agreement
Warranty. All warranties contained herein shall be expressly conditioned upon (i) the Customer inspecting the goods for defects after delivery and (ii) the Cus- tomer notifying the Seller about such defects, as provided below. The warranty period is ninety (90) Customer shall notify Seller in writing of obvious defects within 10 days after receipt of the respective goods and commences on in the event of hidden defects, within 10 days from the date of receipt or deliverydetection. If such written notification is not provided within the time limits outlined above, exceptthat the warranty period all claims against Seller for expendable parts any such as bulbs and fuses is limited to thirty (30) daysdefects shall be excluded. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found by The Seller upon inspection, during the warranty period. Examination and repair or replacement of such Equipment warrants that all items delivered under this agreement will be performed on location or at Seller’s facilitiesfree from defects in material and workmanship, at Seller’s optionconform to applicable specifications, with no charge and, to Buyer for service time expended. Equipment tobe examinedthe extent that detailed designs have not been fur- nished by the Buyer, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyerfree from design defects. The buyer Seller shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for the goods being fit for a particular purpose to which the Buyer intends to put them unless otherwise agreed upon in writing by the parties. The above warranty is given by the Seller subject to the following conditions: the Seller shall not be liable with respect to any defect in the goods arising from any design or specification supplied by the Buyer; the above warranty does not extend to parts, materials or equipment manufactured by or on behalf of the third party’s actions Buyer unless such warranty is given by the manufacturer to the Seller. This warranty does not cover defects in or workdamage to the goods which are due to improper installation or maintenance, misuse, neglect or any improper application. The Buyer Any discharge from liability will be void if a defect results from a gross negligent or intentional breach of contract by the Seller. In the event of a defective good, herebyNMB shall be entitled, waives all rightsat its sole discretion, claimsto either repair or replace the defective good (“Subsequent Per- formance”). Notwithstanding the aforementioned, and actions against NMB has the Seller right to re- fuse any claim for Subsequent Performance if it would entail unreasonable cost for NMB or for any other reasons is unacceptable to NMB. If Subsequent Performance fails, is denied, be unreasonable or should the Customer have granted to NMB a grace period in vain or should it be unnecessary for the Customer to set such grace period as provided for under German law, the Customer shall be entitled to ask for abatement or rescind the corresponding contract. All further claims are excluded, un- less liability is due to intentional or gross negligence as expressly provided for in Article 8 below. Warranty claims must be submitted within 12 months from the date trans- fer of risk occurs. NMB’s liability shall be expressly excluded if the Customer undertakes any alterations or installation work on goods delivered by NMB, or instructs a third party’s work party to do so. All remittances and returned items shall be sent together with the delivery note (packing slip) and the original packaging. If it turns out that the complaint is unjustified, NMB shall be entitled to claim, in addition to the case this Paragraph isapplicablecosts for the dispatch, an appropriate refund.
Appears in 2 contracts
Samples: General Terms, General Terms
Warranty. The warranty period is ninety (90) days and commences on the date of receipt or deliverySeller warrants all Products to be free from defect in design, exceptthat the warranty period for expendable parts such as bulbs and fuses is limited to thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hoursmaterials, and days during workmanship and to conform strictly to the warranty period specifications, drawings or samples specified or furnished; to be new and repairing or replacing any defective material or work of the most suitable grade of their respective kinds; to be suitable for the purpose intended; and to meet all of the performance requirements. Seller warrants all services provided to be performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and repair or replacement a level of such Equipment will be performed on location or at Seller’s facilities, at Seller’s option, skill consistent with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer best practices within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyerrelated industry. The buyer aforesaid express warranties shall be responsible for all maintenance services consisting in addition to any standard warranty or guarantee of lubricating Seller, shall be construed as conditions as well as warranties and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered exclusive. All warranties shall run to be an agent for the SellerBuyer, its successors, assigned customers, and the Seller will not be liable for any users of the third party’s actions Products. Seller agrees to replace or work. The to correct promptly without expense to Buyer, herebyincluding transportation and handling costs, waives any Products not conforming to the foregoing requirements when notified by Buyer during a period of twelve (12) months after the Product is placed in service or within twenty-four (24) months of when the Product is delivered to Buyer, whichever is earlier. If Seller, upon notice of any defect, fails promptly to correct or replace Products as required herein, Buyer may, without further notice, correct or replace such Products and Seller agrees to reimburse Buyer for all rightscosts incurred thereby. Products that have been rejected shall not thereafter be tendered for acceptance unless the former rejection and correction is identified and approved by the Buyer. Repaired or replacement Products shall be subject to the provisions of this article to the same extent as the original supplies. All warranties shall then run from the latter delivery date. Seller shall obtain from its suppliers, claimssubcontractors, and actions against vendors sufficient warranties to ensure that the entire Product, as delivered to Buyer, is covered by a warranty that complies with the terms of this Agreement. Seller for warrants that any of the third party’s work price(s) specified in the case this Paragraph isapplicableSubcontract do not exceed the current selling price for the same or substantially similar supplies/services whether sold to the Government or to any other purchaser, taking into account the quantity and conditions of sale.
Appears in 2 contracts
Samples: www.sierraspace.com, sierraspace.com
Warranty. The warranty period is ninety (90) days Final acceptance of material by HJF will not be until after arrival at the destination specified by HJF, unless otherwise specified by HJF. Seller warrants that all articles, material, and commences on work supplied by Seller under the date order conform to the requirements, specifications, drawings, samples, or other descriptions specified in the Purchase Order, that they are of receipt good material and workmanship and free from all defects in manufacture or deliverydesign, exceptthat and that they are of merchantable quality and fit for their intended purpose. Such warranties by Seller shall run to the warranty period for expendable parts such as bulbs benefit of HJF and fuses is limited to thirty (30) dayspurchasers from HJF. Seller’s warranty obligation shall be effective for a period of time as set forth on the face of the Purchase Order. If no such time period is limited to providing remedial service during Seller’s normal business hoursset forth on the face of the Purchase Order, and days during the warranty shall be effective for a period and repairing of one year from the date of acceptance by HJF or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found date of shipment by Seller upon inspectionof non-defective goods, during the whichever is later, or for any longer period specified by Seller. Return of articles and material to Seller for breach of warranty period. Examination and repair or replacement of such Equipment will shall be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expendedexpense. Equipment tobe examined, replaced, Any article or repaired at Seller’s facilities must materials not accepted by HJF may be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, at Seller’s reasonable service time expended expense for full credit of the purchase price. Inspection may be performed at HJF’s option on and off location a statistical sampling basis; the entire lot may be rejected based on defects revealed by such sampling. At HJF’s option, the rejected lot will be charged either returned to and Seller for replacement or credit or 100% screened by HJF with cost of screening paid by the buyerSeller. The buyer shall be responsible for all maintenance services consisting initial inspection performed at HJF on receipt of lubricating and cleaning the Equipmentmaterial is a conditional acceptance, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party which shall not be considered waive the right of HJF to be an agent for the Seller, and the return material to Seller will not be liable for any that exhibits or develops defects due to latent causes during or after installation or testing of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableend product.
Appears in 2 contracts
Samples: www.hjfmri.org, www.hjf.org
Warranty. The warranty Seller warrants that, for a period of two (2) years from the date a Product is ninety delivered to the Buyer ordering such product, such Product will be free from any defects in design, material and workmanship, in conformity with any applicable drawings and specifications, and title to such Products shall be unencumbered. Buyer reserves the right to return, at Seller's expense, any defective or nonconforming Products or shipments received contrary to this Agreement. If requested by Buyer, Seller will, at Buyer’s option, refund the purchase price of the Products, or correct or replace, at Seller's expense, the defective or nonconforming Products within ten (9010) days after notice by Buyer to Seller. All costs in connection with or as a result of such defective or nonconforming Products, including, without limitation, cost to transport the Products from the Buyer to Seller and commences on return shipment to the Buyer, will be borne by Seller. This warranty will then continue as to the corrected or replaced Products for two (2) years after the date of receipt delivery of the corrected or deliveryreplaced Products to Buyer. If Seller fails to repair or replace the Goods within the time periods set forth herein, exceptthat Buyer may repair or replace the warranty period for expendable parts such as bulbs defective or nonconforming Goods at Seller's expense. Seller warrants that (i) it and fuses is limited to thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found all subcontractors hired by Seller upon inspection(as permitted in Section 4) will perform all Services in a good and workmanlike manner, during the warranty period. Examination (ii) all Services, including all materials and repair equipment furnished hereunder, shall conform to all requirements and specifications identified in this Agreement or replacement of such Equipment will be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned provided to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard pursuant to this paragraph, the radius for repair will be fivehundred (500) miles maximum Agreement and all industry standards established by those engaged in a business similar to that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the of Seller, and the Seller (iii) all Services shall be free from defects of any kind in materials and workmanship. Rejected or nonconforming Goods will not be liable for any of deemed delivered on-time unless corrected or replaced Goods are delivered within the third party’s actions or workon-time period applicable to the order. The foregoing rights of Buyer are not exclusive and shall not limit Buyer, hereby, waives all rights, claims, and actions against the Seller for 's right to avail itself of any of the third party’s work other remedy provided at law or in the case this Paragraph isapplicableequity.
Appears in 2 contracts
Warranty. The warranty Company warrants to the Distributor that the Products will, when delivered to the Distributor, be free from defects in materials and workmanship and any other defect under normal use and service for a period is ninety (90) days and commences on of **** months from the date of receipt delivery to the Distributor and through the period of the Company’s published shelf-life for the Products. The Company will in the Distributor reasonable discretion: (a) give the Distributor a full refund of the purchase price, of any Product that it reasonably determines was defective at the time of shipment to the Distributor or deliverythat is the subject of any breach of any warranty by the Company, exceptthat and, with respect to the warranty period for expendable parts such as bulbs provided to Distributor only (and fuses is limited not with respect to thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during the warranty period to be provided to customers pursuant to Section 8.2), any additional actual reasonable and repairing direct costs or replacing any payments which the Distributor has been debited with respect to such defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and repair or replacement of such Equipment will be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replacedProduct, or repaired (b) replace or repair, in its reasonable discretion, any Product that it reasonably determines was defective at Sellerthe time of shipment to the Distributor or that is the subject of any breach of any warranty by the Company, provided such Product is returned at the Company’s facilities must be returned expense to Seller by Buyer the Company within the warranty period with transportation charges prepaid periods set forth above; provided, however, that the Company will have no obligation under this warranty to make repairs or replacements necessitated in whole or in part by Buyeraccidents, fault or negligence of the Distributor or user. If examined Equipment is found not Prior to returning any Product alleged to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraphdefective, the radius for repair Distributor will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contractnotify the PORTIONS OF THIS EXHIBIT IDENTIFIED BY “****” HAVE BEEN DELETED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT FILED WITH THE SECURITIES AND EXCHANGE COMMISSION UNDER SECTION 406 TO REGULATION C OF THE SECURITIES ACT OF 1933, AS AMENDED. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for any Company in writing of the third party’s actions or work. The Buyerclaimed defect and will include the model and lot/serial number of such Product, hereby, waives all rights, claims, as well as the number and actions against the Seller for any date of the third party’s work in invoice therefor. No Product may be returned without first obtaining a returned goods authorization from the case this Paragraph isapplicableCompany.
Appears in 2 contracts
Samples: Distribution Agreement (Topspin Medical Inc), Distribution Agreement (Topspin Medical Inc)
Warranty. The All new products manufactured by Seller will be free from defects in material and workmanship for up to one (1) year following the date of shipment from Seller. THE FOREGOING CONSTITUTES THE SOLE AND EXCLUSIVE WARRANTY BY SELLER IN LIEU OF ALL OTHER WARRANTIES, AND SELLER MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AND SPECIFICALLY DISCLAIMS AND EXCLUDES ANY WARRANTY OF MERCHANTABILTY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, AND ANY OTHER WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF PERFORMANCE OR COURSE OF DEALING. During the warranty period is period, upon satisfactory (determined in Seller’s sole discretion) proof of a defect, the product may be returned for repair or replacement, at Seller’s sole option. Any such repair or replacement shall constitute Buyer’s sole and exclusive remedy for breaches of warranty hereunder. Warranty repairs and replacements will be performed only by Seller or its authorized representative. Any unauthorized repair, alteration or replacement will void this product warranty. Any repair or replacement will be covered by this new product warranty for ninety (90) days and commences on from the date that such repaired or replaced product is shipped from Seller. This warranty is available to the Buyer as the original purchaser of receipt or deliverythe product and only if it has been installed, exceptthat the warranty period for expendable parts such as bulbs and fuses is limited to thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hoursoperated, and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and repair or replacement of such Equipment will be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all maintained in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Homestandards. This third party shall warranty does not be considered to be an agent for the Seller, and the Seller will not be liable for any of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicable.apply to:
Appears in 2 contracts
Warranty. The Vendor provides a warranty to the first Customer covering its valves against defects in material or workmanship for a period is ninety (90) days and commences on of 24 months from the time of first assembly, provided said first assembly takes place within 6 months from the date of receipt or delivery, exceptthat manufacture as marked on the warranty period for expendable parts such as bulbs and fuses is limited to thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hoursvalve, and days during provided the warranty period valve is installed and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and repair or replacement of such Equipment will be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all utilised in accordance with procedures outlined the conditions of use prescribed by the Vendor and/or in compliance with the standards adopted in accordance with industrial best practices. Seals and O-rings are expressly excluded from the warranty. This warranty is applicable exclusively to the first Customer/Purchaser of the Vendor's products and is not transferable. In the event that the Customer considers that the goods or a part of the goods are defective for causes attributable to the Vendor, the Customer shall signal/protest the presence of the alleged defects by sending a detailed written report, thereby allowing the Vendor to verify the effective existence of the claimed defects/flaws by means of inspections performed by its technical personnel. Having ascertained that the claimed defects are effectively present and having accepted that they are attributable to the fault of the Vendor, this latter undertakes to repair or replace the goods in question in a reasonable time interval and/or inform the Customer of the cause of such defects. This warranty is not applicable to products that have been subject to conditions of contamination in the Seller’s maintenance literaturecustomer's hydraulic circuit, or to products that are incorrectly utilised or subject to tampering performed without the Vendor's supervision or authorisation. In regard to this paragraphThe Vendor's warranty does not envisage pecuniary compensation or credit notes in respect of defective material; specifically, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party Vendor shall not be considered held responsible under any circumstances for loss of earnings, costs of disassembly and reassembly of the product, for any damages connected with such an operation, and for any whatsoever cost relative to the installation of the repaired or replaced valves, including the costs arising in relation to system outages. If the product supplied is to be an agent assembled in plants potentially capable of causing third party damages of a magnitude that is significantly greater than the price of the product, it is the Customer's responsibility to adopt all the possible safety measures to avoid any such damage, since it is aware that series production of valves at market prices leads to the risk, albeit negligible, of the possible presence of defective parts. If the Customer embarks on a recall or remediation campaign of its own machines, on any whatsoever market, in order to replace or repair parts that have been ascertained to be defective, this action will be undertaken on the basis of bilateral agreements to be defined. If the Customer is subjected to legal proceedings for "civil product liability" or if it is accused of violation of legal prescriptions connected to the SellerVendor's products, the Customer must inform the Vendor immediately of such a situation, and the Seller will not be liable for any Vendor shall participate in the analysis of the third party’s actions or workproblem in collaboration with the Customer. The BuyerWherever considered necessary, hereby, waives all rights, claims, specific agreements can be stipulated between Customer and actions against Vendor as an alternative to the Seller for any of the third party’s work in the case this Paragraph isapplicableforegoing warranty procedures.
Appears in 2 contracts
Samples: General Terms, General Terms
Warranty. The warranty Seller warrants that, for a period of two (2) years, or term agreed upon, from the date a Product is ninety delivered to Buyer, (90i) such Product will be free from any defects in design, material and workmanship, in conformity with any applicable drawings and specifications, and (ii) title to such Products shall be unencumbered. Payment for Products will not constitute approval or acceptance of goods or services by Buyer; Buyer’s right of inspection will survive payment. Buyer reserves the right to return, at Seller's expense, any defective or nonconforming Products or shipments received contrary to this Order. If requested by Xxxxx, Seller will, at Buyer’s option, refund the purchase price of the Products, or correct or replace, at Seller's expense, the defective or nonconforming Products within ten (10) days after notice by Buyer to Seller. All costs in connection with or as a result of such defective or nonconforming Products, including, without limitation, cost to transport the Products from the Buyer to Seller and commences on return shipment to the Buyer, will be borne by Seller. This warranty will then continue as to the corrected or replaced Products for two (2) years after the date of receipt delivery of the corrected or deliveryreplaced Products to Buyer. If Seller fails to repair or replace the Product within the time periods set forth herein, exceptthat Buyer may repair or replace the warranty defective or nonconforming goods at Seller's expense. Rejected or nonconforming Products will not be deemed delivered on-time unless corrected or replaced Products are delivered within the on-time period for expendable parts such as bulbs applicable to the order. In addition to the other guarantees and fuses is limited to thirty (30) dayswarranties contained herein, the warranties of the Uniform Commercial Code are specifically incorporated herein. Nothing contained in the Order shall be deemed a waiver of warranties implied by law. Buyer’s or Xxxxx’s customer’s inspection of the Products shall not limit or waive Seller’s warranty obligation is limited to providing remedial service during Selleror Xxxxx’s normal business hours, and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and repair or replacement of such Equipment will be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for any of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableremedy hereunder.
Appears in 2 contracts
Samples: Purchase Order Terms, Purchase Order Terms
Warranty. The warranty Seller warrants that, for a period of two (2) years from the date a Product is ninety delivered to Buyer, such Product will be free from any defects in design, material and workmanship, such Product will be in conformity with any applicable drawings and specifications, and title to such Products shall be unencumbered. Payment for Products will not constitute approval or acceptance of goods or services by Buyer; Buyer’s right of inspection will survive payment. Buyer reserves the right to return, at Seller's expense, any defective or nonconforming Products or shipments received contrary to this Order. If requested by Xxxxx, Seller will, at Buyer’s option, refund the purchase price of the Products, or correct or replace, at Seller's expense, the defective or nonconforming Products within ten (9010) days after notice by Buyer to Seller. All costs in connection with or as a result of such defective or nonconforming Products, including, without limitation, cost to transport the Products from Buyer to Seller and commences on return shipment to Buyer, will be borne by Seller. This warranty will then continue as to the corrected or replaced Products for two (2) years after the date of receipt delivery of the corrected or deliveryreplaced Products to Buyer. If Seller fails to repair or replace the Product within the time periodsset forth herein, exceptthat Buyer may repair or replace the warranty defective or nonconforming goods at Seller's expense. Rejected or nonconforming Products will not be deemed delivered on-time unless corrected or replaced Products are delivered within the on-time period for expendable parts such applicable to this Order. Seller warrants that (i) it and all subcontractors (as bulbs and fuses is limited to thirty (30permitted in Section 22 below) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found hired by Seller upon inspectionwill perform all Services in a good and workmanlike manner, during the warranty period. Examination (ii) all Services, including all materials and repair equipment furnished hereunder, shall conform to all requirements and specifications identified in this Order or replacement of such Equipment will be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned provided to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard pursuant to this paragraph, the radius for repair will be fivehundred (500) miles maximum Order and all industry standards establishedby those engaged in a business similar to that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the of Seller, and (iii) all Services shall be free from defects of any kind in materials and workmanship. In the event of defective or nonconforming Services and if requested by Buyer, Seller will not be liable for any will, at Buyer’s option, refund the purchase price of the third partyServices, re-perform the Services, or replace the defective or nonconforming Services with conforming Services, within such time as Buyer reasonably specifies, in each case at Seller’s actions expense. If Seller fails to re- perform or work. The Buyerreplace the defective or nonconforming Services with conforming Services within such time as Buyer reasonably specifies, hereby, waives all rights, claims, and actions against Buyer may purchase the Seller for any of the third partyServices from an alternative supplier at Seller’s work in the case this Paragraph isapplicableexpense.
Appears in 2 contracts
Samples: Acceptance; Entire Agreement, Acceptance; Entire Agreement
Warranty. The warranty Unless otherwise agreed upon by the parties in writing, the "Warranty Period" shall be 2 years. Supplier warrants that all Deliverables purchased hereunder (1) will be provided in a professional and workmanlike manner in accordance with the highest standards in the industry and be free from defects in design (to the extent the design was provided by Supplier), material and/or workmanship; (2) will be new and not used or reconditioned; (3) will upon Buyer's taking title of the Deliverable and for the Warranty Period conform to the specifications, drawings, and/or descriptions provided to Buyer before its purchase hereunder; (4) will upon Buyer's taking title of the Deliverable and for the Warranty Period be fit for the intended purpose; (5) will comply with such other Deliverable specific warranties as may be required by Buyer for the time period is ninety required by Buyer; and (906) days and commences on the date of receipt or delivery, exceptthat the warranty period for expendable parts such as bulbs and fuses is limited to thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during the warranty period and repairing or replacing any defective material or work performed at its optionDeliverables shall comply with all applicable Laws. This includes defectswarranty is in addition to and not in lieu of any other warranties given by Supplier and warranties created or existing pursuant to applicable Law. This warranty is fully transferable by Buyer at Buyer’s option to Buyer’s customers. Supplier warrants that it has title to the Deliverables and that the Deliverable is free of all liens, which have been promptly reported by Xxxxx security interest or and are so found by Seller upon encumbrance. These warranties shall survive inspection, during the warranty periodtest, acceptance and payment and shall accrue to Buyer, its successors, assigns and customers. Examination and repair or replacement of such Equipment will be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must Warranty failures may be returned to Seller Supplier for repair, replacement or credit at Buyer’s option and at Supplier’s risk and expense. Repaired and replacement Deliverables shall be new and not reconditioned (unless otherwise agreed to in writing between the parties) and subject to the Warranty terms herein. If Supplier breaches any warranty specified in this order or afforded by Law, Buyer shall be entitled to avail itself cumulatively of all remedies in Law or in equity. Notwithstanding anything to the contrary to this Section 7. Buyer shall be entitled to full compensation for any and all losses, damages, costs and expenses (including but not limited to rework costs, overtime charges, cost of manufactured or partially manufactured assemblies, fines and penalties paid by Buyer within the warranty period with transportation charges prepaid and/or claimed by Buyer. If examined Equipment is found not any customer of Buyer related to be defective a breach of Supplier’s warranties hereunder) and other similar amounts suffered or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for any of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableincurred.
Appears in 2 contracts
Samples: www.jabil.com, www.jabil.mx
Warranty. The Seller warrants that the Products will operate or perform substantially in conformance with Seller's published specifications and be free from defects in material and workmanship, when subjected to normal, proper and intended storage and usage by properly trained personnel, for the duration of the manufacturer’s warranty period set forth in the product documentation, published specifications or package inserts. If a manufacturer’s warranty period is not specified in the product documentation, published specifications or package inserts, the warranty period shall be one (1) year from the date of shipment to Buyer for equipment, and the earlier of any stated expiry dates or ninety (90) days and commences for all other products (the "Warranty Period"). In the case of laboratory chemical products, retest dates on the date of receipt or delivery, exceptthat the warranty period for expendable parts such as bulbs and fuses is limited to thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which Products have been promptly reported by Xxxxx and are so found by Seller upon inspection, during no effect on the warranty period. Examination and Seller agrees during the Warranty Period, to repair or replacement of such Equipment will be performed on location or at Seller’s facilitiesreplace, at Seller’s 's option, defective Products so as to cause the same to operate in substantial conformance with no charge to said published specifications; provided that Buyer for shall (a) promptly notify Seller in writing upon the discovery of any defect, which notice shall include the product model and serial number (if applicable) and details of the warranty claim; and (b) after Seller's review, Seller will provide Buyer with service time expended. Equipment tobe examineddata and/or a Return Material Authorization ("RMA"), replacedwhich may include biohazard decontamination procedures and other product-specific handling instructions, or repaired at Seller’s facilities must be returned then, if applicable, Buyer may return the defective Products to Seller by Buyer within the warranty period with transportation charges all costs prepaid by Buyer. If examined Equipment is found not Replacement parts may be new or refurbished, at the election of Seller. All replaced parts shall become the property of Seller. Shipment to be defective Buyer of repaired or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer replacement Products shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all made in accordance with procedures outlined in the Delivery provisions of the Seller’s maintenance literature's Terms and Conditions of Sale. In regard Consumables are expressly excluded from this warranty. If Seller elects to this paragraphrepair defective medical device instruments, Seller may, in its sole discretion, provide a replacement loaner instrument to Buyer as necessary for use while the radius for repair will be fivehundred (500) miles maximum instruments are being repaired. Notwithstanding the foregoing, Products supplied by Seller that are obtained by Seller from an original manufacturer or third-party supplier are not warranted by Seller and Seller disclaims all warranties associated with the accuracy of any original manufacturer or third-party supplier Product information, but Seller agrees to assign to Buyer any warranty rights in such Product that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses have from the original manufacturer or allow a third-party contractor, carrying its own insurancesupplier, to be elected the extent such assignment is allowed by such original manufacturer or third-party supplier. In no event shall Seller have any obligation to perform make repairs, replacements or corrections required, in whole or in part, as the result of (i) normal wear and tear, (ii) accident, disaster or event of force majeure, (iii) misuse, fault or negligence of or by Buyer, (iv) use of the Products in a manner for which they were not designed, (v) causes external to the Products such as, but not limited to, power failure or electrical power surges, (vi) improper storage and handling of the Products or (vii) use of the Products in combination with equipment or software not supplied by Seller. If Seller determines that Products for which Xxxxx has requested warranty services are not covered by the warranty hereunder, Buyer shall pay or reimburse Seller for all costs of investigating and responding to such request at Seller's then prevailing time and materials rates. If Seller provides repair services or replacement parts that are not covered by this warranty, remedialBuyer shall pay Seller therefor at Seller's then prevailing time and materials rates. ANY INSTALLATION, or damage services on the Tiny HomeMAINTENANCE, REPAIR, SERVICE, RELOCATION OR ALTERATION TO OR OF, OR OTHER TAMPERING WITH, THE PRODUCTS PERFORMED BY ANY PERSON OR ENTITY OTHER THAN SELLER WITHOUT SELLER'S PRIOR WRITTEN APPROVAL, OR ANY USE OF REPLACEMENT PARTS NOT SUPPLIED BY SELLER, SHALL IMMEDIATELY VOID AND CANCEL ALL WARRANTIES WITH RESPECT TO THE AFFECTED PRODUCTS. This third party shall not be considered to be an agent for the SellerTHE OBLIGATIONS CREATED BY THIS WARRANTY STATEMENT TO REPAIR OR REPLACE A DEFECTIVE PRODUCT SHALL BE THE SOLE REMEDY OF BUYER IN THE EVENT OF A DEFECTIVE PRODUCT. EXCEPT AS EXPRESSLY PROVIDED IN THIS WARRANTY STATEMENT, and the Seller will not be liable for any of the third party’s actions or workSELLER DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE PRODUCTS, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableSELLER DOES NOT WARRANT THAT THE PRODUCTS ARE ERROR-FREE OR WILL ACCOMPLISH ANY PARTICULAR RESULT.
Appears in 2 contracts
Samples: www.fishersci.com, beta-static.fishersci.com
Warranty. The warranty period of the machine is ninety (90) days at least 12 months. The Seller is liable for defects in the Goods at the time of Handover and commences on is also liable for defects in the date of receipt or delivery, exceptthat the warranty period for expendable parts such as bulbs and fuses is limited to thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so Goods found by Seller upon inspection, during the warranty period. Examination The Seller is not liable for defects in the Goods caused by the Buyer, a third party or force majeure. The warranty period does not run for a period during which the Buyer could not use the Goods for defects in the Goods for which the Seller is liable. The warranty period does not run for a period during which the Buyer could not use the Goods for defects in the Goods for which the Seller is liable. The Buyer is obliged to claim defects in writing against the Seller without undue delay after finding them. The notification (claim) shall be sent to the address of the Seller and repair or replacement to its e-mail address specified in paragraph 9 of such Equipment will be performed on location or this Article hereof. In the event of an accident preventing the proper use, it shall try to call the contact person by phone at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expendedthe number specified in paragraph 9. Equipment tobe examined, replaced, or repaired at Seller’s facilities 9 of this Article hereof. Defects must be returned described in the claim or it is necessary to Seller state how they are manifested. Furthermore, in the claim, the Buyer shall state how it requests to arrange a remedy. The Buyer is entitled to request: Removal of a defect by delivery of a replacement performance (for defects of materials, fixtures, etc.) Removal of a defect by repair, if the defect is repairable, A reasonable discount from the agreed price. The Buyer's right arising from the warranty shall expire if the Buyer within does not report defects in the Goods Without undue delay after finding them, Without undue delay after it should have found them out while exercising professional care during the inspection upon the Handover and Acceptance of the Goods, Without undue delay after they may have been found later in the exercise of professional care, but not later than the end of the warranty period. Claims may be submitted not later than the last day of the warranty period; a claim sent by the Buyer on the last day of the warranty period with transportation charges prepaid by Buyeris considered to have been submitted in time. The claim period is 6 months. The Seller is obliged to notify the Buyer in writing, within 20 days after receiving the claim within the claim period, whether or not it accepts the claim. If examined Equipment is found it does not to be defective or is for some other reason not within do so, the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer Seller shall be responsible for all maintenance services consisting of lubricating and cleaning deemed to accept the EquipmentBuyer's claim. However, replacing expendable parts, making minor adjustments, and performing operating checks, all the Seller must always rectify the defects in accordance with procedures outlined Article IX of this Contract. If it is proven in disputed cases that the Seller’s maintenance literature. In regard Buyer made a claim unjustifiably, i.e. that the defect claimed by it did not arise due to this paragrapha fault of the Seller and that it is not covered by the warranty period or that the defect was caused by the improper use of the Goods by the Buyer, etc., the radius Buyer is obliged to reimburse the Seller for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contractall costs incurred by it in connection with the removal of the defect. Furthermore, Xxxxx agrees The Buyer is obliged to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for workers of the Seller, and accompanied by an authorised person of the Buyer, access to the premises necessary to remove the defect. If it fails to do so, the Seller will is not be liable in delay with the deadline for any the start of removing the defect or with the deadline for removing the defect. The Buyer shall draw up a report on the removal of the third party’s actions or work. The Buyerclaimed defect, hereby, waives all rights, claims, and actions against in which it shall confirm the Seller for any removal of the third party’s work in defect or state the case this Paragraph isapplicablereasons for which it refuses to accept the repair.
Appears in 2 contracts
Samples: Purchase Contract, Purchase Contract
Warranty. The warranty period is ninety (90) days Seller agrees that all goods furnished pursuant to this order will be new, will be merchantable, will be of good material and commences workmanship, and will be free from any defects. If seller knows or has any reason to know the particular purpose for which the Company intends to use the goods, Seller warrants that the goods will be fit for that particular purpose. Seller warrants that all goods will conform to any such statements made on the date of receipt containers, labels or deliveryadvertisements for such goods and that the goods will be properly contained, exceptthat packaged, marked and labeled. Seller warrants that the warranty period for expendable parts such as bulbs and fuses is limited goods will conform to thirty (30) days. the specifications, drawings, samples or other descriptions specified by the Company or, if none are so specified, to Seller’s warranty standard specifications for, and descriptions and samples of, such material. Seller warrants that all goods will be delivered free from any liens, security interests, encumbrances or claims of any nature, that Seller has good title to the same, an that transfer of title is rightful. SHIPMENT Times and dates herein are of the essence. C.O.D. shipments will not be accepted. No charges will be allowed for packing, crating, freight express or cartage unless specified on the face hereof. All goods are to be suitably prepared and packed for shipment in accordance with good commercial practice so as to not affect safe delivery and freedom from damage, to secure the lowest transportation rates and to meet the carrier’s requirements. INSPECTION All goods to be furnished hereunder shall at all times be subject to the Company’s inspection, but neither inspection by the Company nor failure to inspect shall relieve Seller of any obligation is limited hereunder. Final inspection shall be at the Company’s premises unless otherwise agreed in writing. Goods rejected as not conforming to providing remedial service during this order will be held for Seller’s normal business hours, instruction and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and repair or replacement of such Equipment will be performed on location or at Seller’s facilitiesrisk. Seller shall have no right to payment prior to the Company’s inspection and acceptance of the goods. Risk of loss and title shall remain with Seller until the Company actually receives, inspects and accepts the goods. If, in the Company’s opinion, any article, material or other portion of the goods fails to conform to specifications or is otherwise defective, the Company may elect to have Seller promptly replace same at Seller’s option, with no charge to Buyer for service time expendedexpense. Equipment tobe examined, replaced, No acceptance or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid payment by the buyerCompany shall constitute a waiver of any rights of the Company; and nothing herein shall exclude or limit any warranties or other obligations of Seller implied or provided by law. The buyer Inspection by the Company at the sellers premises shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for any of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableallowed.
Appears in 2 contracts
Samples: Terms of Purchase, Terms of Purchase
Warranty. The Seller warrants that the Products will operate or perform substantially in conformance with Seller's published specifications and be free from defects in material and workmanship, when subjected to normal, proper and intended usage by properly trained personnel, for the period of time set forth in the product documentation, published specifications or package inserts. If a period of time is not specified in Seller’s product documentation, published specifications or package inserts, the warranty period is shall be one (1) year from the date of shipment to Buyer for equipment and ninety (90) days and commences on for all other products (the date of receipt or delivery, exceptthat the warranty period for expendable parts such as bulbs and fuses is limited to thirty (30) days"Warranty Period"). Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days Seller agrees during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defectsWarranty Period, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and to repair or replacement of such Equipment will be performed on location or at Seller’s facilitiesreplace, at Seller’s 's option, defective Products so as to cause the same to operate in substantial conformance with no charge to said published specifications; provided that Buyer for service time expended. Equipment tobe examinedshall (a) promptly notify Seller in writing upon the discovery of any defect, replaced, or repaired at which notice shall include the product model and serial number (if applicable) and details of the warranty claim; and (b) after Seller’s facilities must be returned review, Seller will provide Buyer with service data and/or a Return Material Authorization (“RMA”), which may include biohazard decontamination procedures and other product-specific handling instructions, then, if applicable, Buyer may return the defective Products to Seller by Buyer within the warranty period with transportation charges all costs prepaid by Buyer. If examined Equipment is found not Replacement parts may be new or refurbished, at the election of Seller. All replaced parts shall become the property of Seller. Shipment to be defective Buyer of repaired or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer replacement Products shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all made in accordance with procedures outlined in the Delivery provisions of the Seller’s maintenance literatureTerms and Conditions of Sale. In regard Consumables are expressly excluded this warranty. Notwithstanding the foregoing, Products supplied by Seller that are obtained by Seller from an original manufacturer or third party supplier are not warranted by Seller, but Seller agrees to this paragraph, the radius for repair will be fivehundred (500) miles maximum assign to Buyer any warranty rights in such Product that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses have from the original manufacturer or allow a third-third party contractor, carrying its own insurancesupplier, to be elected the extent such assignment is allowed by Seller to perform warranty, remedial, such original manufacturer or damage services on the Tiny Home. This third party supplier. In no event shall not be considered Seller have any obligation to be an agent for make repairs, replacements or corrections required, in whole or in part, as the Seller, and the Seller will not be liable for any of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicable.result of
Appears in 2 contracts
Samples: National Scientific Company, www.snappiescontainers.com
Warranty. The warranty Contractor warrants that all Work performed shall conform to the specifications, requirements and other descriptions set forth in this Contract and shall be free from defects (patent or latent) in design, materials or workmanship. Contractor further warrants that all Deliverables supplied shall be of the quality specified, or of the best grade if no quality is specified, and, unless otherwise provided in this Contract, will be new. At any time for a period is ninety of two (902) days and commences on years from the date of receipt final completion of the Work and acceptance by Company, Contractor shall at its own expense (including in/out costs) promptly repair, replace and/or re-perform any portion of the Work that is defective or deliveryin any way fails to conform to the Contract requirements. Any repair, exceptthat replacement or re-performance will meet the requirements of this Contract for a further period of one (1) additional year following Company’s acceptance of such repair, replacement or re-performance, or the remainder of the original two (2) year period, whichever is longer. If Contractor fails to promptly make any repair, replacement or re-performance as required herein, Company may conduct the necessary repair, replacement or re-performance at Contractor’s expense. The Contractor cannot void the warranty period for expendable parts repair, replacement or re-performance performed under these circumstances. Provided that such repair, replacement or re-performance is conducted in a reasonable manner, the Contractor shall reimburse the Company for the cost of any warranty repair, replacement or re-performance self-performed by Company or by Company’s contractor(s). If any Deliverables or Work fails to meet the foregoing warranties, the Company shall have the right to self-perform Emergency warranty work as bulbs Company deems necessary. The Company agrees to notify the Contractor of such Emergency work within a reasonable time thereafter. The Contractor cannot void the warranty for any repairs, replacement or re-performance performed under these Emergency circumstances. Provided that the Emergency repairs, replacement or re-performance is performed in a reasonable manner, the Contractor shall reimburse the Company for the cost of any Emergency warranty work self-performed by Company or by Company’s contractor(s). The foregoing warranties are not intended as a limitation, but are in addition to all other express warranties set forth in this Contract and fuses is limited to thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hourssuch other warranties as are implied by law, custom, and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and repair or replacement usage of such Equipment will be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for any of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicabletrade.
Appears in 2 contracts
Samples: Operations And, Operations And
Warranty. The warranty period is ninety Unless otherwise stated in a customer master agreement, quotation documents or product literature provided with the Product at the time of sale, Products manufactured by Seller are warranted solely to the original Buyer for eighteen months (9018) days and commences on the months from date of receipt shipment or deliveryone (1) year from date of installation against defects in material and workmanship when paid for and properly installed and maintained under normal use and service. In all cases, exceptthat the this warranty period will expire not later than ten (10) years from date of shipment by Xxxxxx. Warranty will be immediately voided by substitution of non-Seller provided parts. No warranty is given for expendable parts such as bulbs products or components manufactured by companies not affiliated by ownership with Seller or for Products and fuses is limited to thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which components that have been promptly reported by Xxxxx and are so subject to misuse, improper installation, corrosion, or that have not been installed, maintained, modified or repaired in accordance with applicable Standards of the National Fire Protection Association, and/or the standards of any other Authorities Having Jurisdiction. Materials found by Seller upon inspection, during the warranty period. Examination and repair to be defective shall be either repaired or replacement of such Equipment will be performed on location or at Seller’s facilitiesreplaced, at Seller’s sole option. Seller neither assumes, nor authorizes any person to assume for it, any other obligation in connection with no charge to Buyer for service time expendedthe sale of Products or parts of Products. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found shall not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting system design errors or inaccurate or incomplete information supplied by Buyer or Buyer’s representatives. In no event shall Seller be liable, in contract, tort, strict liability or under any other legal theory, for incidental, indirect, special or consequential damages, including but not limited to lost profits and labor charges, regardless of lubricating and cleaning whether Seller was informed about the Equipment, replacing expendable parts, making minor adjustmentspossibility of such damages, and performing operating checks, all in accordance with procedures outlined in the no event shall Seller’s maintenance literatureliability exceed an amount equal to the sales price. In regard to this paragraphTHE FOREGOING WARRANTY IS MADE IN LIEU OF ANY AND ALL OTHER WARRANTIES, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. FurthermoreEXPRESS OR IMPLIED, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny HomeINCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. This third party shall not be considered limited warranty sets forth the exclusive remedy for claims based on failure of or defect in Products, materials or components, whether the claim is made in contract, tort, strict liability or any other legal theory. This warranty will apply to be an agent for the Sellerfull extent permitted by law. The invalidity, and the Seller in whole or part, of any portion of this warranty will not be liable for any of affect the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableremainder.
Appears in 2 contracts
Samples: General Terms and Conditions, General Terms and Conditions
Warranty. The warranty 6.1 ASG represents and warrants that it is the owner or authorized licensor of the Licensed Product(s). ASG further warrants that at the time of initial delivery of the Licensed Product(s) and for a period is of ninety (90) days and commences on thereafter, the date of receipt or delivery, exceptthat Licensed Product(s) will conform in all material respects to the warranty period for expendable parts such as bulbs and fuses Documentation supplied to Client. Provided that written notification is limited to thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported received by Xxxxx and are so found by Seller upon inspection, during ASG within the warranty period. Examination and repair or replacement of such Equipment will be performed on location or at Seller’s facilities, ASG shall, at SellerASG’s sole cost and expense, attempt to correct or replace any material nonconformity in the Licensed Product(s) which ASG determines to be necessary to cause the Licensed Product(s) to substantially conform to its Documentation. Should ASG be unable to bring the Licensed Product(s) into substantial conformance with the Documentation within sixty (60) days after Client’s written notification, Client and ASG may agree to extend this time period or, at Client’s option, with no charge Client may elect to Buyer terminate this Agreement for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must the nonconforming Licensed Product(s) and shall be returned to Seller by Buyer within refunded the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and license fees paid by Client related to the buyernonconforming Licensed Product(s). Upon such termination, Client shall abide by the termination provisions of this XXXX. The buyer foregoing remedy is exclusive and shall be responsible for all maintenance services consisting constitute Client’s sole remedy with respect to any claim relating to breach of lubricating and cleaning warranty, including, without limitation, any remedy relating to recourse against any third-party manufacturer of the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all Licensed Product(s). The warranty shall not apply if - (i) an item of the Licensed Product(s) was not used in accordance with procedures outlined in the SellerASG’s maintenance literature. In regard to this paragraphinstructions; (ii) an item of Licensed Product(s) shall have been altered, the radius for repair will be fivehundred modified or converted by Client without ASG’s written approval; or (500iii) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for any of Client’s equipment shall malfunction causing the third party’s actions defect in Licensed Product(s). THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Page 3 PROPRIETARY INFORMATION Not for use or work. The Buyerdisclosure outside ASG TECHNOLOGIES GROUP, herebyINC., waives all rights, claims, CLIENT and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicable.PARTNER Except under written agreement
Appears in 2 contracts
Samples: End User License Agreement, End User License Agreement
Warranty. The warranty period is ninety (90) days and commences on Seller warrants that the date of receipt or delivery, exceptthat Work Product delivered will substantially provide the warranty period for expendable parts such as bulbs and fuses is limited to thirty (30) daysfunctions set forth in the applicable specification. Seller’s warranty obligation is obligations under this agreement with respect to any claim asserted shall be limited to providing remedial service during Seller utilizing reasonable efforts to correct any errors in the next planned update cycle. Seller warrants that the licensed programs will, after validation by Buyer, provide the facilities and functions set out in the specification when properly used on the equipment and that the program documentation and the licensed programs will provide adequate instruction to enable buyer to make proper use of such facilities and functions. The said warranty shall be subject to Buyer complying with its obligations hereunder and to there having been made no alterations to the licensed programs by any person other than Seller. When notifying a defect or error Buyer shall use its reasonable efforts to provide Seller with a documented example of such defect or error. Warranty does not cover errors due to any of the following causes: (a) the licensed programs fail, malfunction, or are damaged or become inoperable as a result of handling, re-installation, operation, maintenance, removal, modification, or rectification by Buyer in a way that is not consistent with the documentation or Seller’s recommendations, (b) the licensed programs are accidentally damaged due to abuse or improper use or installation on hardware not recommended by Seller, (c) the licensed programs are materially altered or damaged by Buyer to the extent that Seller is unable to verify and/or rectify the reported defect using normal business hoursequipment or procedures (d) malfunctions in the licensed programs being used in combination with any other programs not supplied, and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and repair or replacement of such Equipment will be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replacedapproved, or repaired at recommended by Seller’s facilities must be returned , (e) defects which are attributable to Seller by Buyer within failure on Buyers behalf to include any functions or facility in the warranty period with transportation charges prepaid specification, (f) any fault in end systems or the equipment, or failure of the end systems or the equipment to meet the specification provided by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverageNO OTHER WARRANTIES, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the EquipmentEXPRESSED, replacing expendable partsIMPLIED, making minor adjustmentsOR STATUTORY, and performing operating checksINCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE SHALL BE APPLICABLE TO ANY EQUIPMENT SOLD OR SOFTWARE DELIVERED HEREUNDER, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for any of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableAND THE FOREGOING SHALL CONSTITUTE THE BUYER’S SOLE RIGHT AND REMEDY UNDER THIS GENERAL TERMS AGREEMENT.
Appears in 2 contracts
Samples: General Terms Agreement (Agreement, General Terms Agreement (Agreement
Warranty. The Solar warrants, that if Capstone shall notify Solar in writing within the "Warranty Period," as defined herein, that the Products purchased hereunder are "defective" (defined herein as not of the kind or quality of materials designated or described in the specifications given to Solar by capstone in writing or changes approved jointly by Capstone and Solar in accordance with Section 5.0 of this Agreement, or failing to met the performance criteria specified in Exhibit D hereto, as such Exhibit may be modified from time to time by joint agreement of the parties), Solar shall, upon mutual determination by the parties that such Products were defective, repair or replace such Products not actually meeting said specifications if such Products (or representative samples of a common defect and failure documentation concerning all such Products, as mutually agreed between the parties) are returned to Solar's facility at Capstone's expense. Solar agrees to work with Capstone to determine the cause of field problems and defects. "Warranty Period" shall mean the first period to elapse of (i) && from the expiration of the "inactive" warranty as provided for in Exhibit A, or (ii) && from the expiration of the "active" warranty period is ninety as provided for in Exhibit A, or (90iii) days and commences on && from the date discovery by Capstone of receipt or deliverythe defect. Notwithstanding the foregoing, exceptthat the Warranty Period may be adjusted to allow Capstone a warranty period comparable to the warranty period for expendable parts such as bulbs and fuses is limited Capstone provides to thirty its customers, provided that (30i) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days Capstone demonstrates that the defect occurred during the Warranty Period; and (ii) the adjustment does not result in Solar being held to a greater warranty period and repairing or replacing any defective material or work performed at standard than Capstone is held to with its optionown customers. This includes defectswarranty shall be valid during the "inactive" or "active" warranty period, whichever period elapses first and no liability shall arise for defects that arise after the expiration of the Warranty Period. This warranty is only applicable if the Product has not been subjected to foreign object damage, misuse, or detrimental exposure, has not been involved in an accident and has been transported, stored, installed, used, handled, maintained, repaired or modified in accordance with the current recommendations of Solar or any manufacturer of certain components of the Product as stated in its manuals, bulletins, or other written instructions which have been promptly reported submitted to Capstone: provided however, that if Capstone demonstrates that the defect was not caused by Xxxxx and are so found by Seller upon inspectionsuch foreign object damage, during the warranty period. Examination and repair or replacement of such Equipment will be performed on location or at Seller’s facilitiesmisuse, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replaceddetrimental exposure, or repaired at Seller’s facilities must be returned accident, or failure to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coveragetransport, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipmentstore, replacing expendable partsinstall, making minor adjustmentsuse, and performing operating checkshandle, all maintain, repair, modify in accordance with procedures outlined recommendations, then the warranty will remain applicable. If any warranty incidents or claims occur beyond the Warranty Period, both parties agree to meet and resolve such incidents and claims in a mutually satisfactory manner. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED (INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND SOLAR SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES. The liability of Solar resulting from the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party foregoing warranty shall not be considered to be an agent for in any case exceed the Seller, and the Seller will not be liable for any cost of the third party’s actions or workcorrecting such defects as provided above. The Buyer, hereby, waives all rights, claims, foregoing shall constitute the sole remedy of Capstone and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicable.the
Appears in 2 contracts
Samples: Nondisclosure Agreement (Capstone Turbine Corp), Nondisclosure Agreement (Capstone Turbine Corp)
Warranty. Supplier warrants to purchaser that the goods supplied hereunder will be delivered in accordance with the product description whereby it is understood that such warranty shall cover only first quality goods but not lower grade or special offer goods. The warranty period is ninety will be 8 (90eight) days and commences on weeks from the date of receipt delivery thereof (hereinafter “Warranty Period”), provided that the goods in question have been stored and used in accordance with ordinary industry practices and conditions. Purchaser must inspect the goods upon delivery. Purchaser shall in writing notify supplier within 14 (fourteen) days upon such delivery of any defect which can be determined in the course of a customary examination of any of the goods delivered by supplier to purchaser hereunder; otherwise the goods are deemed accepted. As to other defects, supplier must be notified in writing within 14 (fourteen) days upon detection of the defect and in any event within the Warranty Period (any claim for defective product not brought to supplier’s attention in writing within the Warranty Period is barred). The sole and exclusive liability of supplier shall be to make up shortages as to agreed quantity of the goods in question and moreover at the sole discretion of supplier either take back or deliveryreplace the goods or grant purchaser an adjustment of the purchase price, exceptthat provided the defect is not due to purchaser’s fault. In any event, purchaser may not return any goods without supplier's approval. If purchaser fails to notify within 14 (fourteen) days upon delivery or as far as latent defects are concerned within 14 (fourteen) days upon detection and in any event within the Warranty Period, the goods shall be deemed acceptable for use. In case the goods are replaced, the warranty period shall be extended, but only for expendable parts such as bulbs and fuses a period which is limited to thirty no longer than 16 (30sixteen) daysweeks from the date of initial delivery. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx The foregoing expressed warranties are not transferable and are so found in lieu of any other warranty by Seller upon inspectionsupplier with respect to goods furnished hereunder. Supplier grants no other warranty and makes no other representation, during either express or implied with respect to the warranty periodgoods. Examination Supplier expressly disclaims all warranties of merchantability and repair or replacement of such Equipment will be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer fitness for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literaturea particular purpose. In regard any event, goods are deemed to this paragraphconform to the contract, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel despite minor discrepancies in appearance and characteristics due to perform services under this contract. Furthermore, Xxxxx agrees to allow conditions of raw materials and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for any of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicablemanufacture.
Appears in 2 contracts
Samples: www.ems-group.com, www.emsgrivory.com
Warranty. The warranty period is ninety (90i) days Notwithstanding delivery and commences on acceptance by Licensee of the date of receipt or delivery, exceptthat Ground Segment Hardware as provided in Sections 4 and 5 and subject to the warranty conditions in this Section 6, ORBCOMM hereby warrants that, for a period of [CONFIDENTIAL TREATMENT] months after the successful completion of the Gateway Acceptance Test or the Supplemental Gateway Acceptance Test, as the case may be, provided that such [CONFIDENTIAL TREATMENT] months shall be reduced day-for-day for expendable parts each day any portion of the Ground Segment Hardware remains in customs at the Point-of-Entry in excess of [CONFIDENTIAL TREATMENT] calendar days (so long as such as bulbs customs delay is not the result of the failure of ORBCOMM to provide the necessary customs shipment documentation) and fuses is for each day where Licensee has failed to perform its obligations hereunder (the "Warranty Period"), the Ground Segment Hardware shall be free from defects in material and workmanship and shall operate and conform in all material respects with the performance capabilities, specifications, functions and other descriptions set forth in the Gateway Product Specifications. ORBCOMM shall, at its expense, repair or replace any Ground Segment Hardware that does not conform to such warranty. ORBCOMM's obligation during the Warranty Period shall be limited to thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and repair or replacement of such Equipment will be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer any Ground Segment Hardware for service time expendedwhich it has provided a warranty hereunder. Equipment tobe examined, replaced, or repaired at Seller’s facilities Notice of all claimed defects must be returned provided in writing to Seller by Buyer ORBCOMM within the warranty period Warranty Period. ORBCOMM shall determine after inspection that the product or part was defective and if ORBCOMM determines that such product or part was not defective, ORBCOMM shall provide Licensee with transportation charges prepaid by Buyerprompt written notice of such determination. If examined Equipment is found not Any Ground Segment Hardware repaired or replaced shall be subject only to be defective or is for some other reason not within the warranty coverageoriginal Warranty Period, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer[CONFIDENTIAL TREATMENT]. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable warranty set forth herein is Licensee's exclusive remedy against ORBCOMM for any of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicabledefective Ground Segment Hardware.
Appears in 2 contracts
Samples: Ground Segment Procurement Contract (Orbcomm Global L P), Ground Segment Procurement Contract (Orbcomm Global L P)
Warranty. The warranty period is ninety (90) days and commences on the date of receipt or deliverySeller warrants all Products to be free from defect in design, exceptthat the warranty period for expendable parts such as bulbs and fuses is limited to thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hoursmaterials, and days during workmanship and to conform strictly to the warranty period specifications, drawings or samples specified or furnished; to be new and repairing or replacing any defective material or work of the most suitable grade of their respective kinds; to be suitable for the purpose intended; and to meet all of the performance requirements. Seller warrants all services provided to be performed at a level of skill consistent with best practices within the related industry. The aforesaid express warranties shall be in addition to any standard warranty or guarantee of Seller, shall be construed as conditions as well as warranties and shall not be exclusive. All warranties shall run to Buyer, its optionsuccessors, assigned customers, and the users of the Products. This includes defectsSeller agrees to replace or to correct promptly without expense to Buyer, which including transportation and handling costs, any Products not conforming to the foregoing requirements when notified by Buyer during a period of twelve (12) months after the Product is placed in service or within twenty-four (24) months of when the Product is delivered to Buyer, whichever is earlier. If Seller, upon notice of any defect, fails promptly to correct or replace Products as required herein, Buyer may, without further notice, correct or replace such Products and Seller agrees to reimburse Buyer for all costs incurred thereby. Products that have been promptly reported by Xxxxx rejected, shall not thereafter be tendered for acceptance unless the former rejection and are so found by Seller upon inspection, during the warranty period. Examination correction is identified and repair or replacement of such Equipment will be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid approved by Buyer. If examined Equipment Repaired or replacement Products shall be subject to the provisions of this article to the same extent as the original supplies. All warranties shall then run from the latter delivery date. Seller shall obtain from its suppliers, subcontractors, and vendors sufficient warranties to ensure that the entire Product, as delivered to Buyer, is found covered by a warranty that complies with the terms of this Agreement. Seller warrants that the price(s) specified in the Agreement do not exceed the current selling price for the same or substantially similar supplies/services whether sold to be defective the Government or is to any other purchaser, taking into account the quantity and conditions of sale. Seller warrants that to the best of its knowledge, information, and belief, the prices charged for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid supplies/services covered by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all Agreement are not in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for any excess of the third party’s actions prices permitted by any applicable law or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableregulation.
Appears in 2 contracts
Samples: Sierra Nevada, sierraspace.com
Warranty. The warranty Seller warrants that the Products will (i) conform to the Specifications, and (ii) will be free from defects in materials, workmanship and designs (but only as to designs provided by Seller and not designs provided by Buyer) for a period is ninety of eighteen (9018) days and commences on months from the date of receipt or delivery, exceptthat the xxxx of lading for such Product. The term of the warranty period for expendable parts such as bulbs and fuses set forth in the previous sentence shall be shortened or extended to the extent that Buyer has assumed a shorter or longer term warranty under any Assumed Customer Program. This warranty is limited to thirty (30) daysBuyer, as the original purchaser of the Product, and cannot be assigned or transferred to any third person, without Seller's express, prior written consent, it being agreed and acknowledged that Buyer will make warranties to its Semiconductor Customers based on Seller's warranties hereunder and that Buyer shall continue to be the beneficiary of the warranties even after Buyer distributes Products to its Semiconductor Customers. No person is authorized to amend or expand this warranty or to grant any other warranty on behalf of Seller. Seller shall not be responsible for any repair, replacement or material charges incurred by Buyer or others within the period of this warranty, or otherwise, unless Seller gives its prior written consent to the incurring or payment of such charges. Seller’s 's sole responsibility and liability with respect to any Product under this warranty obligation is limited to providing remedial service during shall be, at Seller’s normal business hours's option, and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and repair or replacement of any Product which fails to comply with the terms of this warranty or, in the event Seller determines that such Equipment will Product cannot be performed on location repaired or at Seller’s facilitiesreplaced, at Seller’s optionthe refund to Buyer, with no charge to through payment or credit, of the purchase price paid by Buyer for service time expendedsuch defective or non-conforming Product. Equipment tobe examinedAt Seller's request, replacedBuyer shall return and/or hold any Product claimed to be defective or non-conforming for inspection, repair or repaired at replacement by Seller’s facilities must be returned to . Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is shall inspect such Products, and Products found not to be defective or is for some other reason not non-conforming shall be returned to Buyer at Buyer's cost and expense. Products found to be defective or non-conforming within the such warranty coverage, Seller’s reasonable service time expended on and off location will be charged repaired or replaced at no charge to Buyer or, at Seller's option, Buyer shall receive the aforesaid refund/credit for the purchase price of such Product. Buyer acknowledges and paid by the buyer. The buyer agrees that Seller shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustmentshave no warranty obligations, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party Buyer shall not be considered to be an agent for the assert any claim against Seller, with respect to defects or non-conformities arising out of (i) modifications to and/or unintended uses of a Product made by Buyer or Buyer's Semiconductor Customers or third parties where such modifications and/or uses have not been previously authorized in writing by Seller, (ii) the improper installation and the Seller will not be liable for any operation of the third party’s actions a Product according to Seller's manual(s) and instruction(s) or work. The (iii) repairs made by Buyer or its agents or Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicable's Semiconductor Customers.
Appears in 2 contracts
Samples: Brooks Japan Robot Supply Agreement (Brooks Automation Inc), Brooks Japan Robot Supply Agreement (Brooks Automation Inc)
Warranty. The warranty Seller warrants its new Products manufactured and sold worldwide, to be free, under normal use and service, of any defects in material or workmanship for a period is of twelve months in the case of machines; twenty-four (24) months or 1000 hours, whichever comes first, in the case of tracks; and ninety (90) days and commences in the case of Distributor-installed replacement Parts, each commencing on the date the Product is delivered to the first user or placed into service by Distributor; provided that Buyer sends Seller written notice of receipt or delivery, exceptthat the warranty period for expendable parts such as bulbs and fuses is limited to defect within thirty (30) daysdays of its discovery and establishes that: (i) the Equipment has been maintained and operated within the limits of rated and normal usage; and (ii) the defect did not result in any manner from the intentional or negligent action or inaction by Buyer, its agents or employees. If requested by Seller, Buyer must return the defective Equipment to Seller’s manufacturing facility for inspection, and if Buyer cannot establish that conditions (i) and (ii) above have been met, then this warranty shall not cover the alleged defect. Failure to give written notice of defect within such period shall be a waiver of this warranty and any assistance rendered thereafter shall not extend or revive it. Accessories, assemblies and components included in Equipment and Parts of Seller, which are not manufactured by Seller, are subject to the warranty of their respective manufacturers. This warranty shall not cover any item on which serial numbers have been altered, defaced or removed. Maintenance and wear parts are not covered by this warranty and are the sole maintenance responsibility of Buyer. This warranty is limited to the first retail purchaser and is not assignable or otherwise transferable without written agreement of the manufacturer. Seller’s warranty obligation is limited to providing remedial service during machine and track warranties will activate two (2) years from the date of manufacture regardless of use, and in the case of Seller’s normal business hoursmachine warranty, and days during will expire three (3) years from the warranty period and repairing date of manufacture regardless of hours of use. THIS WARRANTY IS EXPRESSLY IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED (INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) AND ALL OTHER OBLIGATIONS OR LIABILITY ON SELLER’S PART. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE LIMITED WARRANTY CONTAINED HEREIN. Seller neither assumes nor authorizes any other person to assume for Seller any other liability in connection with the sale of Seller’s Equipment or replacing any defective material or work performed at its optionParts. This includes defects, warranty shall not apply to any of Seller’s Products or any part thereof which have been promptly reported subject to misuse, alteration, abuse, negligence, accident, acts of God or sabotage, or which have been sold at auction, or by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and repair any person or replacement entity that is not an authorized Distributor of such Equipment will be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expendedProducts. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned to Seller No action by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third either party shall not be considered operate to be an agent for extend or revive this limited warranty without the prior written consent of Seller, and the Seller will not be liable for any of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicable.
Appears in 2 contracts
Samples: Distributorship Agreement (A.S.V., LLC), Agreement (A.S.V., LLC)
Warranty. The 3.1 Fujitsu’s standard warranty period applicable to the Products will apply. Details of any warranty applicable to the Equipment will either be supplied with the Products or can be requested by the Customer. If "no warranty" is ninety (90) days and commences identified on the date Sales Order, then the Equipment is supplied by Fujitsu "as is" without warranty or other representation, whether express or implied as to the specification, condition, performance or any other characteristics of receipt or delivery, exceptthat such Equipment and Fujitsu shall have no liability whatsoever for any defect in such Equipment. If a warranty service is to be made available by Fujitsu under the Agreement then the warranty period for expendable parts will be as stated in the standard warranty documentation, during such as bulbs and fuses is limited warranty period, Fujitsu shall without charge to thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hoursthe Customer, and days during the warranty period and repairing or replacing rectify any defective defect in material or work workmanship in any Equipment by, at Fujitsu's discretion, repair, adjustment or supply of replacement parts, provided that the Equipment shall not been modified or repaired or maintained or operated other than in accordance with Fujitsu's recommendations. Such rectification shall be performed by Fujitsu at its option. This includes defects, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during specified premises to where the warranty period. Examination and repair or replacement of such Equipment will be performed on location or at Seller’s facilitiesCustomer shall, at Seller’s optionthe Customer's risk and expense, return the part that is believed by the Customer to be defective, properly packed and with no charge to Buyer for service time expendeda written description of the alleged defect. Equipment tobe examinedThe repaired, replaced, adjusted or repaired at Seller’s facilities must replaced part shall be returned by Fujitsu to Seller the Customer at the Customer's risk and expense. Parts replaced by Buyer within Fujitsu in the warranty period with transportation charges prepaid by Buyercourse of repair shall become Fujitsu's property. If examined Equipment a part returned by the Customer for repair under warranty is found on diagnosis by Fujitsu not to be defective as alleged, or is for some other reason not within a legitimate warranty claim, Fujitsu will return such part to the warranty coverageCustomer at the Customer's risk and expense. If under such circumstances a replacement part has already been dispatched, Seller’s reasonable service time expended on and off location the costs associated with this will be charged to the Customer. For the purpose of this Sub-clause 3.1, Equipment shall not include any software or firmware elements (other than the physical components upon which the same resides) contained in Equipment. Such software and paid by the buyer. The buyer firmware shall be responsible for all maintenance services consisting subject to the terms and conditions of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all warranty applicable to Programs as set out in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a thirdSub-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for any of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableclause 3.2 below.
Appears in 2 contracts
Samples: www.fujitsu.com, www.fujitsu.com
Warranty. The Subject to the warranty period is ninety limitation set forth in Section 7, Seller warrants that the Products sold hereunder will substantially conform to Seller’s published specifications and will be free from defects in material and workmanship under normal and proper use and service. For pump drive units and controller electronics, the applicable “Warranty Period” for the above stated express warranty shall be two (902) years after delivery EXW or ten (10) days after notification of dispatch or readiness for shipment, whichever occurs earlier. For sensors, the applicable “Warranty Period” for the above stated express warranty shall be six (6) months after delivery EXW or ten (10) days after notification of dispatch or readiness for shipment, whichever occurs earlier. For all other products and commences on for systems, the date of receipt or delivery, exceptthat the warranty period applicable “Warranty Period” for expendable parts such as bulbs products and fuses is limited to thirty (30) days. system components covered by Seller’s above stated express warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and repair or replacement of such Equipment will be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible one (1) year after delivery EXW or ten (10) days after notification of dispatch or readiness for all maintenance services consisting of lubricating and cleaning shipment, whichever occurs earlier. Extended warranty periods (“Extended Warranty Plans”) may be purchased separately from Seller to extend the EquipmentWarranty Periods set forth above. Subject to availability, replacing expendable partsupon payment in full for such Extended Warranty Plans, making minor adjustments, and performing operating checks, all the Warranty Periods hereunder shall be extended in accordance with procedures outlined in the Seller’s maintenance literatureapplicable Extended Warranty Plans, subject to all applicable terms and conditions. In regard Drawings, functional specifications, formal submittals and any other requirements documents prepared by Seller and approved by Purchaser shall be deemed the correct interpretations of the work to this paragraphbe performed even if inconsistent with other, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contractconflicting plans and specifications, whether prepared by Seller, Purchaser or otherwise. FurthermoreUpon resale, Xxxxx Purchaser agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying extend to its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Sellercustomers no greater warranties, and limit its liability and remedies to the Seller will not be liable for any of the third party’s actions or work. The Buyersame extent, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableas those set forth herein.
Appears in 2 contracts
Samples: General Terms And, General Terms And
Warranty. The warranty Seller warrants to Buyer that the Products are free from defects in material and workmanship for a period is ninety (90) days and commences on of 12 months from the date of receipt initial operation or delivery24 months from shipment, exceptthat whichever is first. No breach of warranty claim against Seller will be allowed unless asserted in writing within 30 days after the date within the warranty period on which the defect is or should have been discovered by Buyer. For Services, Seller warrants that any work it performs shall be free from defects in workmanship for expendable parts such as bulbs a period of 90 days after the work is completed. Seller shall receive a reasonable opportunity to review the warranty claim, absent which the Seller is not liable for any consequences resulting from the alleged defect. Seller shall not be responsible for any defect(s) which result from Buyer’s actions and fuses is limited does not cover any equipment that has been altered or subjected to thirty (30) daysmisuse or accident, or improper storage, installation, assembly, maintenance, or application. Seller does not warrant that the equipment or any part of the equipment will resist the action of an erosive or corrosive environment. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, sole liability and days during Buyers sole and exclusive remedy shall be the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and repair or replacement of such Equipment will be performed on location or at equipment by Seller’s facilities, at Seller’s optionoption and cost (transportation, with no charge removal and reinstallation are not covered) or re-performance of the Services. The warranty shall not apply if initial operation commences more than 12 months after shipment. No warranty or representation is made as to the useful life of the Products or Services. The foregoing shall constitute the sole remedy of the Buyer for service time expended. Equipment tobe examined, replaced, or repaired at and Seller’s facilities must be returned to Seller by Buyer within the sole liability whether in warranty period with transportation charges prepaid by Buyeror otherwise. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverageTHIS WARRANTY IS EXCLUSIVE AND IS OFFERED IN LIEU OF ALL IMPLIED OR STATUTORY WARRANTIES, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the EquipmentINCLUDING WITHOUT LIMITATION WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for any of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableANY OTHER EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATION.
Appears in 2 contracts
Samples: www.schenckprocess.com, www.schenckprocess.com
Warranty. The warranty period Lucent warrants the Device as a production item ("Item"), but not related services or prototypes of any such Items, to be free from defects in material and workmanship and to be in conformance with the written specification contained in the Business Terms and amendments thereto, if any, and referenced in an order by CD Radio. With respect to prototype ICs, Lucent shall use commercially reasonable efforts to ensure freedom from defects and conformity with written specifications, if any. If any defect in material or workmanship or failure to conform to such specification ("Defect") is ninety suspected in any such Items, CD Radio, after obtaining a Returned Material Authorization Number from Lucent, shall ship suspected defective samples of the Items to Lucent, following Lucent's instructions regarding the return. No product will be accepted for repair, replacement, credit or refund without the written authorization of and in accordance with Lucent's instructions, which authorization and instructions shall not be unreasonably withheld or delayed. Lucent shall analyze the failures, making use, when appropriate, of technical information provided by CD Radio relating to the circumstances surrounding the failures. Lucent will verify whether any Defect appears in the Items. If Lucent determines that the returned products are not defective, CD Radio may seek evaluation by a competent and disinterested third party approved by Lucent (90which approval shall not be unreasonably withheld). If such third party determines that the returned products are not defective, CD Radio shall pay Lucent all costs of handling, inspection, repairs and transportation at Lucent's then prevailing rates. Lucent shall, at Lucent's option, either credit or refund the purchase price or repair or replace the defective product with the same or equivalent product without charge at Lucent's manufacturing or repair facility provided: (i) days and commences on CD Radio notifies Lucent in writing of the date of receipt or delivery, exceptthat the warranty period for expendable parts such as bulbs and fuses is limited to claimed Defect within thirty (30) daysdays after CD Radio knows or reasonably should know of the claimed Defect and (ii) Lucent's and/or the disinterested third party's examination of the Items discloses that the claimed Defect actually exists. Seller’s In the event of a replacement, Lucent shall ship the replacing Items FOB point of origin, freight prepaid to CD Radio's destination. Any replaced Item shall become Lucent's property. The method of disposition of any replaced Items will be as mutually agreed by both parties in writing. Lucent shall not be responsible for de-installation or reinstallation of any Item or for the expenses thereof. Repairs and replacements covered by the above warranty obligation is limited are warranted to providing remedial service during Seller’s normal business hoursbe free from defects as set forth above. Inspection and acceptance of Items by CD Radio and/or payment therefor shall not relieve Lucent of responsibilities hereunder. The above warranty does not apply to, and days during Lucent makes no warranties with respect to products that: are software programs (except for software programs Lucent developed and incorporated into the warranty period and repairing Device), experimental products or replacing any defective material prototypes (all of which are provided "AS IS") or work performed at its option. This includes defects, to Items which have been promptly reported subjected to misuse, neglect, accident or abuse or operating or environmental conditions that materially deviate from the parameters established in applicable specifications; or have been improperly installed, stored, maintained, repaired or altered by Xxxxx anyone other than Lucent; or have had their serial numbers or month and are so found by Seller upon inspectionyear of manufacture or shipment removed, during the warranty period. Examination and repair defaced or replacement of such Equipment will be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Homealtered. This third party shall warranty does not extend to any system into which a Device is incorporated. This warranty applies only to CD Radio and its successors and may not be considered assigned or extended by CD Radio to be an agent for any of its customers or other users of the Seller, and the Seller Items. Lucent will not be liable for any accept returns from CD Radio's customers or users of the third party’s actions or workCD Radio's products. The BuyerEXCEPT AS STATED IN THE SECTION ENTITLED WARRANTY, herebyLUCENT, waives all rightsITS SUBSIDIARIES AND AFFILIATES, claimsSUBCONTRACTORS AND SUPPLIERS MAKE NO WARRANTIES, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableEXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CD RADIO'S SOLE AND EXCLUSIVE REMEDY SHALL BE LUCENT'S OBLIGATION TO REPAIR OR REPLACE OR CREDIT OR REFUND AS SET FORTH ABOVE.
Appears in 2 contracts
Samples: Lucent Technologies (Cd Radio Inc), Integrated Circuits Agreement (Cd Radio Inc)
Warranty. Unless otherwise specified in Vendor written materials pertaining to a particular Product, Vendor warrants to Customer that Products purchased under this Agreement conform to Vendor's published specifications (“Specifications”) and are free from defects in workmanship and material at the time of shipment. If, upon inspection within a reasonable time after delivery and before implantation or use, Customer discovers a failure of a Product to conform to Specifications or a defect in material and workmanship, it must promptly notify Vendor in writing. Within a reasonable time after such notification, Vendor will correct any failure of the Product to conform to the warranty by providing, at its option, repair of the Product, a replacement unit, or a refund of the purchase price, if applicable. The aforementioned remedies are Customer’s exclusive remedies for breach of warranty under this Agreement. The foregoing warranties, unless otherwise agreed by the Parties in a written addendum to this Agreement or expressly provided in the Specifications, shall extend for a period is ninety of one (901) days and commences year commencing on the date of receipt or delivery, exceptthat shipment of the warranty period for expendable parts such as bulbs and fuses is limited Product to thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during the warranty period and repairing or replacing any defective material or work performed at its optionCustomer. This includes defectswarranty does not extend to or cover: (a) any product, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and repair or replacement of such Equipment will be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replacedcomponents, or repaired at Sellerparts not manufactured or sold by Vendor; (b) damage caused by use of any Product for purposes other than those for which it was designed as indicated in Vendor’s facilities must be returned to Seller published materials; (c) damage caused by Buyer within unauthorized attachments or modification; (d) any other abuse or misuse by Customer, its employees, representatives, contractors and agents; or (e) any Vendor Product where the warranty period with transportation charges prepaid by Buyer. If examined Equipment Customer is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for any first purchaser of the third party’s actions or workProduct. The BuyerTHE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, herebyEXPRESS OR IMPLIED, waives all rightsRELATING TO THIS AGREEMENT OR THE PRODUCTS OR MATERIALS TO BE PROVIDED UNDER THIS AGREEMENT, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableINCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH OTHER WARRANTIES AND REPRESENTATIONS ARE HEREBY DISCLAIMED.
Appears in 2 contracts
Samples: qa-www.zimmerbiomet.com, www.zimmerbiomet.lat
Warranty. Seller shall provide Buyer/distributor with a standard warranty as provided on Attachment A hereto for each Product purchased by buyer. Buyer shall pass through such standard warranty to all parties that purchase the Products from Buyer, without varying any of its terms or provisions. The Seller may change the standard warranty on new products by giving the Buyer at least 60 days’ prior to its effective date. For a period of twelve (12) months, products are warranted against defects in material and workmanship. The warranty does not cover abuse, alterations, improper application or installation, accident or negligence in use, storage or handling, or exceeding ratings. Seller's obligation and Buyer's exclusive remedy under this warranty will be limited to the repair or replacement of, or the reimbursement for, nonconforming products, at Seller's option, and will be conditioned upon Seller's receiving written notice of any alleged nonconformity or defect during the applicable warranty period and the return of defective products to Seller at Seller’s expense provided Seller designates the shipper and shipment method. Return authorization must be granted by Seller, and unauthorized returns will be refused. Products shall be returned to Seller with transportation and insurance prepaid by Buyer. Seller will have a reasonable period of time to repair or replace nonconforming or defective products and to remedy defects in services. If Seller determines that any product or service is ninety (90) days not defective or that Seller is not liable for the defect, Buyer will be notified; thereafter, Seller will repair or replace such product upon Buyer's written consent and commences on at prevailing prices. Every product has a date code which determines the date of receipt or delivery, exceptthat warranty expiration for products. Standard products may have an earlier date code which is recorded at the warranty period for expendable parts such as bulbs and fuses is limited time of shipping to thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during initiate the warranty period. Examination If the date code is removed, the warranty may be voided at the Seller's option. This warranty applies only to the original Buyer and repair or replacement is not transferable except at the discretion of such Equipment will the Seller. Repairs and replacements made under this warranty are not warranted beyond the remainder of the warranty period. Buyer's sole and exclusive remedy with respect to the warranty given by Seller shall be performed on location or at Seller’s facilitiesstrictly limited, at Seller’s option's sole election, with no charge to Buyer the remedy or remedies provided for service time expendedin the manufacturer's product warranty. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipmentproducts to which repairs or changes have been made without Seller's prior written consent. THERE ARE NO WARRANTIES, replacing expendable partsEXPRESS, making minor adjustmentsIMPLIED OR STATUTORY (INCLUDING THE WARRANTIES OF MERCHANTABILITY, and performing operating checksFITNESS FOR A PARTICULAR PURPOSE, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraphINTENDED USE, the radius for repair will be fivehundred (500NON-INFRINGEMENT, OR ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for any of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableTHAT EXTEND BEYOND THE WARRANTY SET FORTH IN THIS ORDER OR IN ANY SCHEDULE OR ADDENDUM ATTACHED HERETO.
Appears in 2 contracts
Samples: Standard Terms and Conditions of Sale, Standard Terms and Conditions of Sale
Warranty. The For sales in Australia only, if Buyer acquires goods from the Seller as a “Consumer” (as defined under section 3 of the Australian Consumer Law) and the Australia Consumer Law applies to that acquisition (in which case that person is referred to as a “Consumer” in this document), Seller warrants the goods supplied to Buyer on the terms of Seller’s limited warranty available on Seller’s website and this clause 6 does not apply. Except as provided above, for goods sold by Seller to Buyer(s) that are used by Buyer for personal, family or household purposes, Seller warrants the goods to Buyer on the terms of Seller’s limited warranty available on Seller’s website. For any other purpose Seller warrants that the goods sold to Buyer hereunder (with the exception of membranes, seals, gaskets, elastomer materials, coatings and other "wear parts” or consumables all of which are not warranted except as otherwise provided in the quotation or sales form) will be (i) be built in accordance with the specifications referred to in the quotation or sales form, if such specifications are expressly made a part of this Agreement, and (ii) free from defects in material and workmanship for a period is ninety of one (901) days and commences on year from the date of receipt installation or delivery, exceptthat eighteen (18) months from the warranty period for expendable parts such as bulbs and fuses is limited to date of shipment (which date of shipment shall not be greater than thirty (30) daysdays after receipt of notice that the goods are ready to ship), whichever shall occur first, unless a longer period is provided by law or is specified in the product documentation (the “Warranty”). Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hoursFor services, and days during the warranty period and repairing shall be three (3) months from the date of invoice unless otherwise expressly set forth in the quotation or replacing any defective material sales form or work performed order acknowledgment. Except as otherwise provided by law, Seller shall, at its option. This includes defectsoption and at no cost to Buyer, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and either repair or replacement of such Equipment will be performed on location or at Seller’s facilitiesreplace any product which fails to conform with the Warranty; provided, at Seller’s however, that under either option, with no charge Seller shall not be obligated to Buyer for service time expended. Equipment tobe examined, replaced, remove the defective product or install the replaced or repaired at Seller’s facilities must be returned to Seller by product and Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting other costs, including, but not limited to, service costs, shipping fees and expenses. Seller shall have complete discretion as to the method or means of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance repair or replacement. Buyer’s failure to comply with procedures outlined in the Seller’s maintenance literaturerepair or replacement directions shall constitute a waiver of its rights and render all warranties void. Any parts repaired or replaced by Seller under the Warranty are warranted only for the balance of the warranty period on the parts that were repaired or replaced. The Warranty is conditioned on Buyer giving written notice to Seller of any defects in material or workmanship of warranted goods within ten (10) days of the date when any defects are first manifest. Seller shall have no warranty obligations to Buyer with respect to any product or parts of a product that: (a) have been repaired by third parties other than Seller or without Seller’s written approval; (b) have been subject to misuse, misapplication, neglect, alteration, accident, or physical damage; (c) have been used in a manner contrary to Seller’s instructions for installation, operation and maintenance; (d) have been damaged from ordinary wear and tear, corrosion, or chemical attack; (e) have been damaged due to abnormal conditions, vibration, failure to properly prime, or operation without flow; (f) have been damaged due to a defective power supply or improper electrical protection; or (g) have been damaged resulting from the use of accessory equipment not sold by Seller or not approved by Seller in connection with products supplied by Seller hereunder. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected any case of products not manufactured by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the there is no warranty from Seller; however, Seller will not be liable for extend to Buyer any warranty received from Seller’s supplier of the third party’s actions or worksuch products. The BuyerTHE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, herebyGUARANTEES, waives all rightsCONDITIONS OR TERMS OF WHATEVER NATURE RELATING TO THE GOODS PROVIDED HEREUNDER, claimsINCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableWHICH ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED. EXCEPT AS OTHERWISE PROVIDED BY LAW, BUYER’S EXCLUSIVE REMEDY AND SELLER’S AGGREGATE LIABILITY FOR BREACH OF ANY OF THE FOREGOING WARRANTIES ARE LIMITED TO REPAIRING OR REPLACING THE PRODUCT AND SHALL IN ALL CASES BE LIMITED TO THE AMOUNT PAID BY THE BUYER HEREUNDER. IN NO EVENT IS SELLER LIABLE FOR ANY OTHER FORM OF DAMAGES FOR BREACH OF WARRANTY, WHETHER DIRECT, INDIRECT, LIQUIDATED, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, LOSS OF ANTICIPATED SAVINGS OR REVENUE, LOSS OF INCOME, LOSS OF BUSINESS, LOSS OF PRODUCTION, LOSS OF OPPORTUNITY OR LOSS OF REPUTATION.
Appears in 2 contracts
Samples: www.xylem.com, www.xylem.com
Warranty. The warranty period is ninety Seller warrants that the Items will (90a) days be of merchantable quality; (b) be fit for the Purchaser’s particular purposes; (c) be of high quality and commences on be free from defects in material and workmanship; (d) comply with the date most stringent of receipt Purchaser’s or deliverySeller’s specifications, exceptthat performance guarantees and requirements; and (e) comply with all nationally recognized codes and established industry standards. All Items shall be sold by Seller to Purchaser free and clear of any liens and encumbrances. Seller’s warranties and guarantees shall survive inspection, delivery and acceptance of the warranty period for expendable parts Items and/or payment by Purchaser. If the Items do not conform to any of these warranties, then, at Purchaser’s option, the Purchaser may notify the Seller in writing of such as bulbs defect and fuses is limited require the Seller to repair or replace the non-conforming Item(s), and, within thirty (30) days. days from date of such intimation, or such other reasonable time as may be agreed by the Purchaser and Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and shall repair or replacement of such Equipment will be performed on location or replace the defective Items, F.O.B. Purchaser’s designated site at Seller’s facilitiesexpense, or in the case of services, re-perform the services at Seller’s optionexpense. In the event that, with no charge to Buyer for service time expended. Equipment tobe examinedin the reasonable opinion of Purchaser, replacedSeller cannot repair or replace the items, or repaired at Seller’s facilities must be returned re- perform the services, within a reasonable time, or the Seller fails to repair or replace the non- conforming Item(s) then Purchaser may take all steps necessary to have the breach of warranty cured and/or may terminate the Purchase Order and/or the Contract. In any event, Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting expenses and damages which Purchaser incurs because of lubricating the breach of warranty. The foregoing warranties and cleaning obligations shall also apply to the EquipmentItems supplied by Seller in such repair, replacing expendable parts, making minor adjustmentsreplacement or reperformance. Disclaimers of express or implied warranties and limitations of liability in any Seller document will be of no effect unless specifically agreed to in writing by Xxxxxxxxx, and performing operating checks, all in accordance with procedures outlined even then shall not apply in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected event of bad faith by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for any in the performance of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableContract.
Appears in 2 contracts
Samples: www.westrock.com, www.westrock.com
Warranty. The warranty period is ninety Unless otherwise agreed in writing, the Seller warrants that the Products, when properly used, stored and maintained, and if properly assembled and installed, shall comply with the technical specifications pertaining thereto and shall be free from defects in materials and workmanship and the Seller undertakes, at its sole option, either to repair or replace in its premises and at its expense the Products found to be defective within twelve (9012) days and commences on calendar months of the date of receipt delivery or deliverycredit the Buyer the purchase price of such defective Products. Buyer shall notify the Seller, exceptthat in writing and without delay, the defects discovered and shall give to Seller all evidence and justification available. The Seller's warranty does not extend to (i) any defect, damage or loss due to misuse, normal wear and tear, accident, disaster, abuse, neglect, and (ii) defect, damage or loss caused by Product which has been repaired or altered by the Buyer or a third party without the Seller's prior written approval, and (iii) defects, damages or losses arising out of incorrect or insufficient specifications, drawings, data or instructions furnished by the Buyer. In case any returned Product is being found on investigation by the Seller to be outside the scope or duration of the warranty period for expendable parts such as bulbs and fuses or the fault being unconfirmed, the Seller is limited entitled to thirty (30) dayscharge the Buyer all costs incurred by the Seller in connection therewith. The Buyer must receive a return material authorization number from the Seller prior to returning faulty Products covered by the Seller’s warranty obligation is limited warranty. Freight and insurance costs for return of faulty Products to providing remedial service during the Seller will be borne by the Buyer and freight and insurance cost for the delivery of repaired Products and replacement Products to the Buyer will be borne by the Seller’s normal business hours, and days during . Repair or replacement of Products shall not extend the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the original warranty period. Examination The warranty given in this Clause constitutes the only representations and repair or replacement of such Equipment will be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid warranties made by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning Seller with respect to the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected Products supplied by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will and any other warranties, whether express or implied by law or otherwise, such as fitness for purpose or merchantability, are expressly disclaimed and excluded. Seller shall not be liable for costs, expenses and any other damages or losses associated with inspection, test, removal, reassembly, rework operations incurred as a reason of the third party’s actions Products defaults and repair or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicablereplacement.
Appears in 2 contracts
Samples: Radiall Standard Terms and Conditions of Sale, Radiall Standard Terms and Conditions of Sale
Warranty. The warranty period is ninety (90) days and commences on the date of receipt or deliverySeller warrants all Products to be free from defect in design, exceptthat the warranty period for expendable parts such as bulbs and fuses is limited to thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hoursmaterials, and days during workmanship and to conform strictly to the warranty period specifications, drawings or samples specified or furnished; to be new and repairing or replacing any defective material or work of the most suitable grade of their respective kinds; to be suitable for the purpose intended; and to meet all of the performance requirements. Seller warrants all services provided to be performed at a level of skill consistent with best practices within the related industry. The aforesaid express warranties shall be in addition to any standard warranty or guarantee of Seller, shall be construed as conditions as well as warranties and shall not be exclusive. All warranties shall run to Buyer, its optionsuccessors, assigned customers, and the users of the Products. This includes defectsSeller agrees to replace or to correct promptly without expense to Buyer, which including transportation and handling costs, any Products not conforming to the foregoing requirements when notified by Buyer during a period of twelve (12) months after the Product is placed in service or within twenty-four (24) months of when the Product is delivered to Buyer, whichever is earlier. If Seller, upon notice of any defect, fails promptly to correct or replace Products as required herein, Buyer may, without further notice, correct or replace such Products and Seller agrees to reimburse Buyer for all costs incurred thereby. Products that have been promptly reported by Xxxxx rejected, shall not thereafter be tendered for acceptance unless the former rejection and are so found by Seller upon inspection, during the warranty period. Examination correction is identified and repair or replacement of such Equipment will be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid approved by Buyer. If examined Equipment Repaired or replacement Products shall be subject to the provisions of this article to the same extent as the original supplies. All warranties shall then run from the latter delivery date. Seller shall obtain from its suppliers, subcontractors, and vendors sufficient warranties to ensure that the entire Product, as delivered to Buyer, is found not covered by a warranty that complies with the terms of this Agreement. Seller warrants that to be defective or is the best of its knowledge, information, and belief, the prices charged for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid supplies/services covered by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all Agreement are not in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for any excess of the third party’s actions prices permitted by any applicable law or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableregulation.
Appears in 2 contracts
Samples: sierraspace.com, www.sierraspace.com
Warranty. The warranty Unless otherwise agreed upon by the parties in writing, the "Warranty Period" shall be 2 years. Supplier warrants that all Deliverables purchased hereunder (1) will be provided in a professional and workmanlike manner in accordance with the highest standards in the industry and be free from defects in design (to the extent the design was provided by Supplier), material and/or workmanship; (2) will be new and not used or reconditioned; (3) will upon Buyer's taking title of the Deliverable and for the Warranty Period conform to the specifications, drawings, and/or descriptions provided to Buyer before its purchase hereunder; (4) will upon Xxxxx's taking title of the Deliverable and for the Warranty Period be fit for the intended purpose; (5) will comply with such other Deliverable specific warranties as may be required by Buyer for the time period is ninety required by Buyer; and (906) days and commences on the date of receipt or delivery, exceptthat the warranty period for expendable parts such as bulbs and fuses is limited to thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during the warranty period and repairing or replacing any defective material or work performed at its optionDeliverables shall comply with all applicable Laws. This includes defectswarranty is in addition to and not in lieu of any other warranties given by Supplier and warranties created or existing pursuant to applicable Law. This warranty is fully transferable by Buyer at Buyer’s option to Buyer’s customers. Supplier warrants that it has title to the Deliverables and that the Deliverable is free of all liens, which have been promptly reported by Xxxxx security interest or and are so found by Seller upon encumbrance. These warranties shall survive inspection, during the warranty periodtest, acceptance and payment and shall accrue to Buyer, its successors, assigns and customers. Examination and repair or replacement of such Equipment will be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must Warranty failures may be returned to Seller Supplier for repair, replacement or credit at Buyer’s option and at Supplier’s risk and expense. Repaired and replacement Deliverables shall be new and not reconditioned (unless otherwise agreed to in writing between the parties) and subject to the Warranty terms herein. If Supplier breaches any warranty specified in this order or afforded by Law, Buyer shall be entitled to avail itself cumulatively of all remedies in Law or in equity. Notwithstanding anything to the contrary to this Section 7. Buyer shall be entitled to full compensation for any and all losses, damages, costs and expenses (including but not limited to rework costs, overtime charges, cost of manufactured or partially manufactured assemblies, fines and penalties paid by Buyer within the warranty period with transportation charges prepaid and/or claimed by Buyer. If examined Equipment is found not any customer of Buyer related to be defective a breach of Supplier’s warranties hereunder) and other similar amounts suffered or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for any of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableincurred.
Appears in 2 contracts
Samples: www.jabil.com, www.jabil.com
Warranty. The warranty period is ninety (90) days and commences on Seller shall use reasonable endeavors to provide the Services in accordance in all material respects with its quotation. Seller warrants that for 12 months from the date of receipt or delivery, exceptthat the Goods shall comply with the requirements of the Contract. Seller shall not be liable for a breach of the warranty period for expendable parts as to Goods unless: (i) Buyer gives written notice of the defect to Seller, and, if the defect is as a result of damage in transit to the carrier, within 10 days of the time when Buyer discovers or ought to have discovered the defect; and (ii) Seller is given a reasonable opportunity after receiving the notice to examine such as bulbs Goods and fuses is limited Buyer (if asked to thirty (30do so by Seller) days. returns such Goods to Seller’s place of business at Buyer’s cost; and (iii) Buyer provides Seller with full details of the alleged defect. Seller further shall not be liable for a breach of the warranty obligation is limited if: (i) Buyer makes any further use of such Goods after giving such notice; or (ii) the defect arises because Buyer failed to providing remedial service during follow Seller’s normal business hoursoral or written instructions as to the storage, installation, commissioning, use or maintenance of Goods or (if there are none) good trade practice; or (iii) Buyer alters or repairs such Goods without the written consent of Seller; or (iv) the defect results from fair wear and days during tear. If Goods/Services do not conform with the warranty period and repairing or replacing any defective material or work performed warranty, Seller shall at its option. This includes defects, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and option repair or replacement replace such Goods (or the defective part) or reperform the Services or refund the price of such Equipment will be performed on location or Goods/Services at Seller’s facilitiesthe pro rata Contract rate provided that, if Seller so requests, Buyer shall, at Seller’s optionexpense, with return the Goods or the part of such Goods which is defective to Seller. In the event that no charge to defect is found, Buyer shall reimburse Seller for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyerreasonable costs incurred in investigating the alleged defect. If examined Equipment is found not to be defective or is for some other reason not within Seller complies with the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined conditions in the Seller’s maintenance literature. In regard to this paragraph2 preceding sentences, the radius Seller shall have no further liability for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for any breach of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any warranty in respect of the third party’s work in the case this Paragraph isapplicablesuch Goods/Services.
Appears in 2 contracts
Samples: www.ametektest.com, www.ametektest.com
Warranty. The warranty period is ninety (90) days Seller expressly warrants that all goods or services furnished under this agreement shall conform to all specifications and commences appropriate standards, will be new, free from defects in material or workmanship, and will be provided in a safe, workmanlike fashion in full compliance with all applicable laws and regulations. Seller warrants that all such goods or services will conform to any statements made on the date containers or labels or advertisements for such goods or services and that any goods will be adequately contained, packaged, marked and labeled. Seller warrants that all goods or services furnished hereunder will be merchantable, and will be safe and appropriate for the purpose for which goods or services of receipt that kind are normally used. If Seller knows or deliveryhas reason to know that particular purpose for which Buyer intends to use the goods or services, exceptthat Seller warrants that such goods or services will be fit for such particular purpose. Seller warrants that goods or services furnished will conform in all respects to samples. Inspection, tests, acceptance or use of the warranty period for expendable parts goods or services furnished hereunder shall not affect the Seller's obligation under this warranty, and such as bulbs warranties shall survive inspection, test, acceptance and fuses is limited to thirty (30) daysuse. Seller’s 's warranty obligation is limited shall run to providing remedial service during Seller’s normal business hoursBuyer, its successor, assigns and customers, and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and repair or replacement users of such Equipment will be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid products sold by Buyer. If examined Equipment is found Seller agrees to replace or correct defects of any goods or services not conforming to be defective the foregoing warranty promptly, without expense to Buyer, when notified of such nonconformity by Buyer, provided Buyer elects to provide Seller with the opportunity to do so. In the event of failure of Seller to correct defects in or is replace nonconforming goods or services promptly, Buyer, after reasonable notice to Seller may make such corrections or replace such goods and services and charge Seller for some other reason not within the warranty coverage, Seller’s reasonable service time expended on cost incurred by Buyer in doing so. Seller warrants that Seller has absolute and off location will be charged good title to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard full right to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for any dispose of the third party’s actions or work. The Buyer, hereby, waives all rightsgoods and that there are no liens, claims, and actions or encumbrances of any kind against the goods. Seller for shall indemnify and save Buyer harmless from any breach of the third party’s work these warranties, and no limitations on Buyer's remedies in the case Seller's documents shall operate to reduce this Paragraph isapplicableindemnification.
Appears in 2 contracts
Samples: Acceptance Agreement, Acceptance Agreement
Warranty. The warranty Seller warrants that, for a period of two (2) years from the date a Product is ninety delivered to Buyer, such Product will be free from any defects in design, material and workmanship, such Product will be in conformity with any applicable drawings and specifications, and title to such Products shall be unencumbered. Payment for Products will not constitute approval or acceptance of goods or services by Buyer; Buyer’s right of inspection will survive payment. Buyer reserves the right to return, at Seller's expense, any defective or nonconforming Products or shipments received contrary to this Order. If requested by Xxxxx, Seller will, at Buyer’s option, refund the purchase price of the Products, or correct or replace, at Seller's expense, the defective or nonconforming Products within ten (9010) days after notice by Buyer to Seller. All costs in connection with or as a result of such defective or nonconforming Products, including, without limitation, cost to transport the Products from Buyer to Seller and commences on return shipment to Buyer, will be borne by Seller. This warranty will then continue as to the corrected or replaced Products for two (2) years after the date of receipt delivery of the corrected or deliveryreplaced Products to Buyer. If Seller fails to repair or replace the Product within the time periods set forth herein, exceptthat Buyer may repair or replace the warranty defective or nonconforming goods at Seller's expense. Rejected or nonconforming Products will not be deemed delivered on-time unless corrected or replaced Products are delivered within the on-time period for expendable parts such as bulbs applicable to this Order. Seller warrants that (i) it and fuses is limited to thirty (30all subcontractors(as permitted in Section 22 below) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found hired by Seller upon inspectionwill perform all Services in a good and workmanlike manner, during the warranty period. Examination (ii) all Services, including all materials and repair equipment furnished hereunder, shall conform to all requirements and specifications identified in this Order or replacement of such Equipment will be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned provided to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard pursuant to this paragraph, the radius for repair will be fivehundred (500) miles maximum Order and all industry standards established by those engaged in a business similar to that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the of Seller, and the Seller will not (iii) all Services shall be liable for free from defects of any of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, kind in materials and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableworkmanship.
Appears in 2 contracts
Samples: Acceptance; Entire Agreement, Acceptance; Entire Agreement
Warranty. The warranty Seller warrants that the Products will (i) conform to the Specifications, and (ii) will be free from defects in materials, workmanship and designs (but only as to designs provided by Seller and not designs provided by Buyer) for a period is ninety (90) days and commences on of 18 months from the date of receipt the xxxx of lading for such Product. The term of the warranty set forth in the previous sentence shall be extended to 24 months starting from the date of delivery of Products (I) to KLA for Products covered by the KLA Agreement or delivery(II) to AMAT for Products covered by the AMAT Agreement. Further, exceptthat to the extent that AMAT or KLA have agreed, or agree in the future, in writing to a shorter warranty period for expendable parts Products, then such as bulbs shorter warranty period shall apply to sales to KLA and fuses AMAT of such Products. This warranty is limited to thirty (30) daysBuyer, as the original purchaser of the Product, and cannot be assigned or transferred to any third person, without Seller's express, prior written consent, it being agreed and acknowledged that Buyer will make warranties to its Semiconductor Customers based on Seller's warranties hereunder and that Buyer shall continue to be the beneficiary of the warranties even after Buyer distributes Products to its Semiconductor Customers. No person is authorized to amend or expand this warranty or to grant any other warranty on behalf of Seller. Seller shall not be responsible for any repair, replacement or material charges incurred by Buyer or others within the period of this warranty, or otherwise, unless Seller gives its prior written consent to the incurring or payment of such charges. Seller’s 's sole responsibility and liability with respect to any Product under this warranty obligation is limited to providing remedial service during shall be, at Seller’s normal business hours's option, and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and repair or replacement of any Product which fails to comply with the terms of this warranty or, in the event Seller determines that such Equipment will Product cannot be performed on location repaired or at Seller’s facilitiesreplaced, at Seller’s optionthe refund to Buyer, with no charge to through payment or credit, of the purchase price paid by Buyer for service time expendedsuch defective or non-conforming Product. Equipment tobe examinedAt Seller's request, replacedBuyer shall return and/or hold any Product claimed to be defective or non-conforming for inspection, repair or repaired at replacement by Seller’s facilities must be returned to . Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is shall inspect such Products, and Products found not to be defective or is for some other reason not non-conforming shall be returned to Buyer at Buyer's cost and expense. Products found to be defective or non-conforming within the such warranty coverage, Seller’s reasonable service time expended on and off location will be charged repaired or replaced at no charge to Buyer or, at Seller's option, Buyer shall receive the aforesaid refund/credit for the purchase price of such Product. Buyer acknowledges and paid by the buyer. The buyer agrees that Seller shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustmentshave no warranty obligations, and performing operating checksBuyer shall not assert any claim against Seller, all with respect to defects or non-conformities arising out of (i) modifications to and/or unintended uses of a Product made by Buyer or Buyer's Semiconductor Customers or third parties where such modifications and/or uses have not been previously authorized in accordance with procedures outlined in writing by Seller, (ii) the improper installation and operation of a Product according to Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500's manual(s) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedialinstruction(s), or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for any of the third party’s actions (iii) repairs made by Buyer or work. The its agents or Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicable's Semiconductor Customers.
Appears in 2 contracts
Samples: Execution (Brooks Automation Inc), Execution (Brooks Automation Inc)
Warranty. The CONTRACTOR warrants to OWNER that all materials, equipment and work furnished under this Agreement will be new and of good workmanlike quality, free from faults and defects and in conformance with all of the Contract Documents. CONTRACTOR agrees to remedy and correct any problems which arise, at any time up to and including (2) two years after acceptance of the Authorized Work and Final Payment by OWNER to CONTRACTOR for the Authorized Work (“Warranty Period”), as a result of any materials, equipment and/or labor that is found to be in non-compliance with this Agreement and furnish to OWNER in a timely manner any and all performance, surety and/or insurance policy as specified in the Agreement. CONTRACTOR agrees to perform all warranty work, at CONTRACTOR’S sole cost and expense, within seven (7) days from notification by OWNER unless a valid reason for an extension of said seven day period is ninety (90) days demonstrated and commences on the date accepted in writing by OWNER. In case of receipt or deliveryan emergency and OWNER cannot give notice, exceptthat the CONTRACTOR agrees to reimburse OWNER for all costs and loss incurred for performing warranty period for expendable parts such as bulbs and fuses is limited work. CONTRACTOR agrees to thirty (30) days. Seller’s warranty obligation is limited provide OWNER a Guaranty in form identical to providing remedial service during Seller’s normal business hoursExhibit C attached hereto, and days also to provide OWNER with Products and Completed Operations Insurance coverage to cover the Authorized Work during the warranty period Warranty Period as provided for in Article 12 herein. OWNER shall have the right to take possession of and repairing use any completed or replacing any defective material partially completed portions of the Authorized Work, notwithstanding that the time for completing the entire Authorized Work or work performed at its option. This includes defects, which such portions of the Authorized Work may not have been promptly reported by Xxxxx expired; but such taking possession and are so found by Seller upon inspection, during the warranty period. Examination and repair or replacement of such Equipment will be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer use shall be responsible for all maintenance services consisting not be deemed as acceptance of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all any portions of Authorized Work not completed in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for any of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableContract Documents.
Appears in 2 contracts
Samples: Building Construction Contract, Building Construction Contract
Warranty. The Seller warrants that the Products will operate or perform substantially in conformance with Seller’s published specifications and be free from defects in material and workmanship, when subjected to normal, proper and intended usage by properly trained personnel, for the period of time set forth in the product documentation, published specifications or package inserts. If a period of time is not specified in Seller’s product documentation, published specifications or package inserts, the warranty period is shall be one (1) year from the date of shipment to Purchaser for equipment and ninety (90) days and commences on for all other products (the date of receipt or delivery, exceptthat the warranty period for expendable parts such as bulbs and fuses is limited to thirty (30) days“Warranty Period”). Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days Seller agrees during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defectsWarranty Period, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and to repair or replacement of such Equipment will be performed on location or at Seller’s facilitiesreplace, at Seller’s option, defective Products so as to cause the same to operate in substantial conformance with said published specifications; provided that Purchaser shall (a) promptly notify Seller in writing upon the discovery of any defect, which notice shall include the product model and serial number (if applicable) and details of the warranty claim; and (b) after Seller’s review, Seller will provide Purchaser with service data and/or a Return Material Authorization (“RMA”) , which may include biohazard decontamination procedures and other product-specific handling instructions, then, if applicable, Purchaser may return the defective Products to Seller with all costs prepaid by Purchaser. Replacement parts may be new or refurbished, at the election of Seller. All replaced parts shall become the property of Seller. Shipment to Purchaser of repaired or replacement Products shall be made in accordance with the Delivery provisions of the Seller’s Terms and Conditions of Sale. Consumables are expressly excluded from the warranty under this warranty. Notwithstanding the foregoing, Products supplied by Seller that are obtained by Seller from an original manufacturer or third party supplier are not warranted by Seller, but Seller agrees to assign to Purchaser any warranty rights in such Product that Seller may have from the original manufacturer or third party supplier, to the extent such assignment is allowed by such original manufacturer or third party supplier. In no charge event shall Seller have any obligation to Buyer make repairs, replacements or corrections required, in whole or in part, as the result of (i) normal wear and tear, (ii) accident, disaster or event of force majeure, (iii) misuse, fault or negligence of or by Purchaser, (iv) use of the Products in a manner for service time expendedwhich they were not designed, (v) causes external to the Products such as, but not limited to, power failure or electrical power surges, (vi) improper storage and handling of the Products or (vii) use of the Products in combination with equipment or software not supplied by Seller. Equipment tobe examinedIf Seller determines that Products for which Purchaser has requested warranty services are not covered by the warranty hereunder, replaced, Purchaser shall pay or repaired reimburse Seller for all costs of investigating and responding to such request at Seller’s facilities must be returned to then prevailing time and materials rates. If Seller provides repair services or replacement parts that are not covered by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverageprovided in this warranty, Purchaser shall pay Seller therefor at Seller’s reasonable service then prevailing time expended on and off location will be charged to and paid by the buyermaterials rates. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the EquipmentANY INSTALLATION, replacing expendable partsMAINTENANCE, making minor adjustmentsREPAIR, and performing operating checksSERVICE, all in accordance with procedures outlined in the Seller’s maintenance literatureRELOCATION OR ALTERATION TO OR OF, OR OTHER TAMPERING WITH, THE PRODUCTS PERFORMED BY ANY PERSON OR ENTITY OTHER THAN SELLER WITHOUT SELLER’S PRIOR WRITTEN APPROVAL, OR ANY USE OF REPLACEMENT PARTS NOT SUPPLIED BY SELLER, SHALL IMMEDIATELY VOID AND CANCEL ALL WARRANTIES WITH RESPECT TO THE AFFECTED PRODUCTS. In regard to this paragraphTHE OBLIGATIONS CREATED BY THIS WARRANTY STATEMENT TO REPLACE A DEFECTIVE PRODUCT SHALL BE THE SOLE REMEDY OF BUYER IN THE EVENT OF A DEFECTIVE PRODUCT. EXCEPT AS EXPRESSLY PROVIDED IN THIS WARRANTY STATEMENT, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contractSELLER DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE PRODUCTS, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a thirdSELLER DOES NOT WARRANT THAT THE PRODUCTS ARE ERROR-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for any of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableFREE OR WILL ACCOMPLISH ANY PARTICULAR RESULT.
Appears in 2 contracts
Samples: Sales Agreement (T2 Biosystems, Inc.), Sales Agreement (T2 Biosystems, Inc.)
Warranty. The RDC makes no warranty period of any kind, express or implied, except that RDC represents and warrants that (i) Facility Products sold hereunder shall conform to the Product Specifications set forth in Exhibit B hereto, as amended or supplemented from time to time as the parties may mutually agree, (ii) RDC will convey good title thereto, free from any security interest (except for a security interest created by or through RCR) (iii) Facility Products sold hereunder shall be of a quality that is ninety usual and customary in the industry, (90iv) Facility Products sold hereunder shall not be adulterated, and be generally free of foreign materials, all in accordance with and subject to industry standards, and (v) Facility Products sold hereunder shall be in conformity with, in all material respects, any applicable statutes, rules or regulations. In the event that RCR becomes aware of changes in applicable statutes, rules or regulations, or industry standards, RCR will notify RDC of such changes. All such notification will be made to the specifications as indicated in Exhibit B and will amend current industry standards. RCR or its customer shall notify RDC in writing of any claims of defect or non-conformity noticeable upon ordinary inspection therefor within ten (10) days after the customer’s receipt of any Facility Products. RCR shall notify RDC in writing of any defect or non-conformity not so noticeable within ten (10) days of RCR becoming aware of the defect or non-conformity. If RDC does not receive written notice of a claim of defect or non-conformity within the appropriate time period described above, a claim for that defect or non-conformity will be deemed to have been waived. If RDC does receive such notice within said time period and commences the claim is valid, RDC and RCR will agree on an adjusted price or shall arrange for and RDC will bear the date cost of shipping the defective Facility Products back to RDC, and upon receipt of the Facility Products and upon reasonable confirmation of the existence of such defect or deliverynon-conformity, exceptthat the warranty period for expendable parts such shall as bulbs soon as practicable and fuses is limited to in any event within thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defectselection either deliver at its own expense a replacement Product to RCR or its customer, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and repair or replacement of such Equipment will be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replacedas applicable, or repaired at Seller’s facilities must be returned return to Seller by Buyer within RCR the warranty period with transportation charges prepaid by Buyerpurchase price thereof. If examined Equipment is found not to be All costs of disposal of non-conforming or defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer Facility Products shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected borne by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for any of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableRDC.
Appears in 2 contracts
Samples: Second Amendment (Rentech Inc /Co/), Distribution Agreement (Rentech Nitrogen Partners, L.P.)
Warranty. The For sales in Australia only, if Buyer acquires goods from the Seller as a “Consumer” (as defined under section 3 of the Australian Consumer Law) and the Australia Consumer Law applies to that acquisition (in which case that person is referred to as a “Consumer” in this document), Seller warrants the goods supplied to Buyer on the terms of Seller’s limited warranty available on Seller’s website and this clause 7 does not apply. Except as provided above, for goods sold by Seller to Buyer(s) that are used by Buyer for personal, family or household purposes, Seller warrants the goods to Buyer on the terms of Seller’s limited warranty available on Seller’s website. For any other purpose Seller warrants that the goods sold to Buyer hereunder (with the exception of membranes, seals, gaskets, elastomer materials, coatings and other "wear parts” or consumables all of which are not warranted except as otherwise provided in the quotation or sales form) will be (i) be built in accordance with the specifications referred to in the quotation or sales form, if such specifications are expressly made a part of this Agreement, and (ii) free from defects in material and workmanship for a period is ninety of one (901) days and commences on year from the date of receipt installation or delivery, exceptthat eighteen (18) months from the warranty period for expendable parts such as bulbs and fuses is limited to date of shipment (which date of shipment shall not be greater than thirty (30) daysdays after receipt of notice that the goods are ready to ship), whichever shall occur first, unless a longer period is provided by law or is specified in the product documentation (the “Warranty”). Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hoursFor services, and days during the warranty period and repairing shall be three (3) months from the date of invoice unless otherwise expressly set forth in the quotation or replacing any defective material sales form or work performed order acknowledgment. Except as otherwise provided by law, Seller shall, at its option. This includes defectsoption and at no cost to Buyer, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and either repair or replacement of such Equipment will be performed on location or at Seller’s facilitiesreplace any product which fails to conform with the Warranty; provided, at Seller’s however, that under either option, with no charge Seller shall not be obligated to Buyer for service time expended. Equipment tobe examined, replaced, remove the defective product or install the replaced or repaired at Seller’s facilities must be returned to Seller by product and Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting other costs, including, but not limited to, service costs, shipping fees and expenses. Seller shall have complete discretion as to the method or means of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance repair or replacement. Buyer’s failure to comply with procedures outlined in the Seller’s maintenance literaturerepair or replacement directions shall constitute a waiver of its rights and render all warranties void. Any parts repaired or replaced by Seller under the Warranty are warranted only for the balance of the warranty period on the parts that were repaired or replaced. The Warranty is conditioned on Buyer giving written notice to Seller of any defects in material or workmanship of warranted goods within ten (10) days of the date when any defects are first manifest. Seller shall have no warranty obligations to Buyer with respect to any product or parts of a product that: (a) have been repaired by third parties other than Seller or without Seller’s written approval; (b) have been subject to misuse, misapplication, neglect, alteration, accident, or physical damage; (c) have been used in a manner contrary to Seller’s instructions for installation, operation and maintenance; (d) have been damaged from ordinary wear and tear, corrosion, or chemical attack; (e) have been damaged due to abnormal conditions, vibration, failure to properly prime, or operation without flow; (f) have been damaged due to a defective power supply or improper electrical protection; or (g) have been damaged resulting from the use of accessory equipment not sold by Seller or not approved by Seller in connection with products supplied by Seller hereunder. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected any case of products not manufactured by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the there is no warranty from Seller; however, Seller will not be liable for extend to Buyer any warranty received from Seller’s supplier of the third party’s actions or worksuch products. The BuyerTHE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, herebyGUARANTEES, waives all rightsCONDITIONS OR TERMS OF WHATEVER NATURE RELATING TO THE GOODS PROVIDED HEREUNDER, claimsINCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableWHICH ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED. EXCEPT AS OTHERWISE PROVIDED BY LAW, BUYER’S EXCLUSIVE REMEDY AND SELLER’S AGGREGATE LIABILITY FOR BREACH OF ANY OF THE FOREGOING WARRANTIES ARE LIMITED TO REPAIRING OR REPLACING THE PRODUCT AND SHALL IN ALL CASES BE LIMITED TO THE AMOUNT PAID BY THE BUYER HEREUNDER. IN NO EVENT IS SELLER LIABLE FOR ANY OTHER FORM OF DAMAGES FOR BREACH OF WARRANTY, WHETHER DIRECT, INDIRECT, LIQUIDATED, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, LOSS OF ANTICIPATED SAVINGS OR REVENUE, LOSS OF INCOME, LOSS OF BUSINESS, LOSS OF PRODUCTION, LOSS OF OPPORTUNITY OR LOSS OF REPUTATION.
Appears in 2 contracts
Samples: www.xylem-analytics.com.au, www.xylem-analytics.com.au
Warranty. The warranty period is ninety (90a) days Producer warrants solely to Distributor only that (i) Products furnished hereunder shall conform to applicable specifications and commences on (ii) Distributor shall acquire good and marketable title to the date of receipt or delivery, exceptthat the warranty period for expendable parts such as bulbs and fuses is limited to thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hoursProducts, and days during no other warranty shall be implied. Provided that Distributor gives notice in accordance with Section 5(b) below, if Products sold hereunder fail to conform to applicable specifications, demonstrated to Producer’s reasonable satisfaction to have existed at the warranty period and repairing or replacing any defective material or work performed at its option. This includes defectstime of departure from Producer’s plant, which have been promptly reported by Xxxxx and are so found by Seller upon inspectionProducer, during reserving the warranty period. Examination and repair or replacement of such Equipment will be performed on location or at Seller’s facilitiesright to inspect Products, shall, at SellerProducer’s option, with no charge to Buyer replace at Producer’s expense F.O.B. Distributor’s plant or give Distributor credit for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not Products determined to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyernon- conforming. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party Producer shall not be considered obligated to replace or provide credit for Products that shall have been subjected to alteration, contamination, improper maintenance or storage, misapplication, misuse, negligence or accident during or after shipment from Producer’s plant. The remedy set forth in this Section 5(a) shall be an agent the sole and exclusive remedy available to Distributor for breach of warranty. In no event shall Distributor’s remedy exceed the Sellerpurchase price of the non- conforming Products, plus any transportation and the Seller will logistics costs paid by Producer to supply replacement materials to Distributor as described above in this Section 5(a) and Producer shall not be liable for any of the third party’s actions other loss or workdamage, whether direct or indirect. THE WARRANTIES SET FORTH IN THIS SECTION 5 ARE THE ONLY WARRANTIES APPLICABLE TO THE PRODUCTS SOLD HEREUNDER. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE SPECIFICALLY DISCLAIMED AND SHALL NOT APPLY. Distributor is solely responsible for determining suitability for use and Producer shall in no event be liable in this respect. The Buyergiving or failure to give advice, hereby, waives all rights, claims, and actions against the Seller for recommendation or safety warnings of any of the third party’s work in the case this Paragraph isapplicablecharacter by Producer shall not impose any liability upon Producer.
Appears in 2 contracts
Samples: Distribution Agreement (Covia Holdings Corp), Distribution Agreement (Covia Holdings Corp)
Warranty. The Seller warrants to its direct purchaser that the Products will operate or perform substantially in conformance with Seller's published specifications and be free from defects in material and workmanship, when subjected to normal, proper and intended usage by properly trained personnel, for the period of time set forth in the product documentation, published specifications or package inserts. If a period of time is not specified in Seller’s product documentation, published specifications or package inserts, the warranty period is ninety shall be one (901) days and commences on year from the date of receipt shipment to Buyer (the "Warranty Period"). Notwithstanding the foregoing, all Products are subject to tolerances and variations consistent with industry standards and customary manufacturing practices. If Seller determines, in its reasonable discretion, after an inspection of an allegedly defective Product (if such an inspection is requested by Seller), that a Product fails to meet industry standard tolerances or deliveryis otherwise defective, exceptthat the warranty period for expendable parts such as bulbs and fuses is limited to thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days then Seller agrees during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defectsWarranty Period, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and to repair or replacement of such Equipment will be performed on location or at Seller’s facilitiesreplace, at Seller’s 's option, defective Products so as to cause the same to operate in substantial conformance with no charge to said published specifications; provided that Buyer for service time expended. Equipment tobe examinedshall (a) promptly notify Seller in writing upon the discovery of any defect, replaced, or repaired at which notice shall include the product model and serial number (if applicable) and details of the warranty claim; and (b) after Seller’s facilities must be returned review, Seller will provide Buyer with service data and/or a Return Material Authorization (“RMA”), which may include biohazard decontamination procedures and other product-specific handling instructions, then, if applicable, Buyer may return the defective Products to Seller by Buyer within the warranty period with transportation charges all costs prepaid by Buyer. If examined Equipment is found not Replacement parts may be new or refurbished, at the election of Seller. All replaced parts shall become the property of Seller. Shipment to be defective Buyer of repaired or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer replacement Products shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all made in accordance with procedures outlined in the Delivery provisions of the Seller’s maintenance literatureTerms and Conditions of Sale. In regard No repair or replacement will extend the original warranty period. Consumables are expressly excluded from this warranty. Notwithstanding the foregoing, Products supplied by Seller that are obtained by Seller from an original manufacturer or third party supplier are not warranted by Seller, but Seller agrees to this paragraph, the radius for repair will be fivehundred (500) miles maximum assign to Buyer any warranty rights in such Product that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses have from the original manufacturer or allow a third-third party contractor, carrying its own insurancesupplier, to be elected the extent such assignment is allowed by such original manufacturer or third party supplier. In no event shall Seller have any obligation to make repairs, replacements or corrections required, in whole or in part, as the result of (i) normal wear and tear, (ii) accident, disaster or event of force majeure, (iii) abuse, neglect, misuse, fault or negligence of or by Buyer, (iv) use of the Products in a manner for which they were not designed, (v) causes external to the Products such as, but not limited to, power failure or electrical power surges, (vi) improper storage and handling of the Products, (vii) use of the Products in combination with equipment or software not supplied by Seller, (viii) ordinary maintenance, (ix) alterations, repairs or installations that have not been performed by Seller or its authorized representative or (x) failure to perform maintain Products in accordance with Seller’s written instructions. If Seller determines that Products for which Buyer has requested warranty services are not covered by the warranty hereunder, Buyer shall pay or reimburse Seller for all costs of investigating and responding to such request at Seller's then prevailing time and materials rates. If Seller provides repair services or replacement parts that are not covered by this warranty, remedialBuyer shall pay Seller therefore at Seller's then prevailing time and materials rates. ANY INSTALLATION, MAINTENANCE, REPAIR, SERVICE, RELOCATION OR ALTERATION TO OR OF, OR OTHER TAMPERING WITH, THE PRODUCTS PERFORMED BY ANY PERSON OR ENTITY OTHER THAN SELLER OR ITS AUTHORIZED REPRESENTATIVE WITHOUT SELLER'S PRIOR WRITTEN APPROVAL, OR ANY USE OF REPLACEMENT PARTS NOT SUPPLIED BY SELLER, SHALL IMMEDIATELY VOID AND CANCEL ALL WARRANTIES WITH RESPECT TO THE AFFECTED PRODUCTS. THE OBLIGATIONS CREATED BY THIS WARRANTY STATEMENT TO REPAIR OR REPLACE A DEFECTIVE PRODUCT SHALL BE THE SOLE REMEDY OF BUYER IN THE EVENT OF A DEFECTIVE PRODUCT. EXCEPT AS EXPRESSLY PROVIDED IN THIS WARRANTY STATEMENT, SELLER DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE PRODUCTS, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. SELLER DOES NOT WARRANT THAT THE PRODUCTS ARE ERROR- FREE OR WILL ACCOMPLISH ANY PARTICULAR RESULT. No dealer or damage services on the Tiny Home. This third party shall not be considered distributor of Seller’s Products is authorized to be an agent for the Seller, and the bind Seller will not be liable for to any of the third party’s actions representation or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicablewarranty other than as set forth above.
Appears in 2 contracts
Samples: static.thermoscientific.com, assets.thermofisher.com
Warranty. The Supplier warrants that upon Buyer’s taking title to Product and for a period of three years thereafter, notwithstanding any termination or cancellation of this Purchase Order, all Products purchased hereunder (1) will be free from Defects in design (to the extent the design was provided by Supplier), material and/or workmanship; (2) will be new and not used or recondi- tioned; (3) will conform to the published specifications, drawings, and/or descriptions provided to Buyer before its purchase hereunder; (4) will be fit for the intended purpose (and will conform to all of Supplier’s representations and warranties. This warranty period is ninety (90) days in addition to and commences on not in lieu of any other warranties given by Supplier and warranties created or existing pursuant to applicable Law. This warranty is fully transferable by Buyer at Buyer’s option to Buyer’s customers. Supplier warrants that it has title to the date of receipt or deliveryProducts, exceptthat the warranty period for expendable parts such as bulbs and fuses is limited authorized to thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hourssell Product, and days that the Product is free of all liens, security interest or and encumbrance. These warranties shall survive inspection, test, acceptance and payment and shall accrue to Buyer, its successors, assigns and customers. Warranty failures may be returned to Supplier for repair, replacement or credit at Buyer’s option and at Supplier’s risk and expense. Repaired and replacement Products shall be new and not re- conditioned (unless otherwise agreed to in writing between the parties) and subject to the Warranty terms herein. If Supplier breaches any warranty specified in this order or afforded by Law, Buyer shall be entitled to avail itself cumulatively of all remedies in Law or in equity. If there is an Epidemic Failure, Supplier will promptly do one or more of the following at Supplier’s expense: Investigate the Epidemic Failure and determine its cause including testing or replacing all units delivered during or after the Epidemic Period, and promptly notify Jabil or the results of said inves- tigation; supply on-site technical support and all necessary products to repair or replace Products known to be affected by the Epidemic Failure which were delivered to Buyer during the warranty period and repairing Epidemic Period; accept the return of all Products which were affected by the Epidemic Failure or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, were delivered to Jabil during the warranty period. Examination and Epidemic Period for either repair or replacement of such Equipment will be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned pursuant to Seller by Buyer within which Supplier will pay all shipment costs and bear the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged risk of loss both to and from Supplier’s factory; and/or ensure that the appropriate quality controls and other measures are tak- en so that all products of similar type supplied subsequent to the date of such an Epidemic Failure will not suffer the problems that cause or resulted from the Epidemic Failure. Notwithstanding anything to the contrary to this Section 7, Buyer shall be entitled to full compensation for any and all losses, damages, costs and expenses (including but not limited to rework costs, overtime charges, cost of manufactured or partially manufactured assemblies, fines and penalties paid by the buyer. The buyer shall be responsible for all maintenance services consisting Xxxxx and/or claimed by any customer of lubricating Buyer related to a breach of Supplier’s warranties here- under) and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses other similar amounts suffered or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for any of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableincurred.
Appears in 2 contracts
Samples: www.jabil.com, www.jabil.com
Warranty. The warranty ALLEGRO warrants for a period is ninety of one (901) days and commences on year from the date of receipt or deliveryshipment to PURCHASER that all such delivered products are free from material defects in workmanship and material and shall substantially conform to ALLEGRO’s product specifications therefor. A product shall be deemed to have defects only if the defect is verified by ALLEGRO. If any product does not conform to the preceding product warranty, exceptthat PURCHASER shall inform ALLEGRO within the warranty period for expendable parts such as bulbs and fuses is limited to thirty one (301) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during the year warranty period and return such non-conforming products for correction or replacement (at ALLEGRO’s sole discretion). ALLEGRO’s liability for such rejected products is limited solely to the cost of transportation expenses plus the responsibility of either repairing or replacing any defective material or work performed at its option. This includes defectssuch non-conforming products or, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and if repair or replacement of such Equipment will be performed on location or at Seller’s facilitiesis not possible, refunding the purchase price, at SellerALLEGRO’s sole option, with no charge for such non- conforming products. This warranty does not extend to Buyer for service time expended. Equipment tobe examinedany of our products which fail to operate by reason of improper installation, replacedapplication, or inspection, or have been subject to misuse, neglect, or accident, or have been repaired at Selleror substantially altered by a third party without ALLEGRO’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyerauthorization. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverageTHE WARRANTIES SET FORTH IN THIS SECTION 2 ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyerAND ALLEGRO EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, ANY WARRANTY OF NONINFRINGEMENT, AND ALL OTHER WARRANTIES, WHICH MIGHT OTHERWISE ARISE FROM COURSE OF DEALING BETWEEN THE PARTIES OR USAGE OF TRADE. The buyer shall be responsible for all maintenance services consisting of lubricating remedies provided in this Section 2 are PURCHASER’s sole and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable exclusive remedies for any failure of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableALLEGRO to comply with its warranty obligations.
Appears in 2 contracts
Samples: www.allegromicro.com, www.allegromicro.com
Warranty. The warranty MICROART warrants to TIVIC that items assembled or manufactured by MICROART will conform to their applicable Design and any written specifications in the applicable Purchase Order and other written materials provided to MICROART by TIVIC from time to time (as agreed by the Parties), and be free from defects in material and workmanship under normal use and service for a period is ninety (90) days and commences on the date of receipt or delivery, exceptthat the warranty period for expendable parts such as bulbs and fuses is 24 months after shipment by MICROART. MICROART’s responsibility shall be limited to thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hoursprocurement of materials, incoming inspection, safe handling of the components while in-house at MICROART, and days during for ensuring that the warranty period Products are manufactured in compliance with this Agreement and repairing or replacing the Quality Management System Services Agreement and that the Products comply in all respects with their applicable Design and any written specifications in the applicable Purchase Order and other written materials provided to MICROART by TIVIC from time to time. All defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and repair or replacement of such Equipment will be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must products shall be returned to Seller MICROART’s manufacturing facility, EXW TIVIC shipping point, by Buyer within the warranty period TIVIC, with transportation charges prepaid by Buyerreference to a MICROART supplied Returned Materials Authorization number (“RMA”). If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on A shipping and off location handling charge will be charged assessed for invalid returns or those where no defect is found. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. XXXXXXXX neither assumes nor authorizes any other person to and paid by assume for MICROART any other liability in connection with the buyersale of the said items. The buyer This warranty shall not apply to any of such Products which shall have been subject to misuse, negligence, or accident. A prior written authorization must be responsible obtained from MICROART before any items can be returned to MICROART pursuant to a warranty claim. MICROART is not liable for all maintenance services consisting incidental, consequential or special damage of lubricating and cleaning any kind or for personal injury resulting directly or indirectly from the Equipmentdesign, replacing expendable partsmaterial, making minor adjustmentsworkmanship, and performing operating checksoperation or installation of the items being assembled under this Agreement. Notwithstanding the forgoing, all the limitations set forth in this Section shall not apply to the extent that TIVIC or the end user incurs any damage as a result of MICROART’s failure to manufacture the Products in accordance with procedures outlined in the Seller’s maintenance literature. In regard to agreed upon Design, material breach of this paragraphAgreement or the Quality Management Systems Services Agreement, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermoregross negligence, Xxxxx agrees to allow and provide reasonable travel expenses willful misconduct or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for any of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicablefraud.
Appears in 1 contract
Samples: Manufacturing Agreement (Tivic Health Systems, Inc.)
Warranty. The Products delivered by the Seller to the Purchaser pursuant to this Agreement shall be warranted by the Seller to be free from defect in materials and workmanship in accordance with the Seller's standard warranty period is ninety (90) days and commences on terms in effect at the time of shipment. A copy of each Seller's standard warranty terms in effect for the Products as of the date of receipt this Agreement is attached hereto as Exhibit E. The Seller shall provide the Purchaser with copies of any changes or delivery, exceptthat the warranty period for expendable parts such as bulbs and fuses is limited to thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days modifications thereto during the life of this Agreement. Any claim for breach of warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during must be submitted within the specified warranty period. Examination and During said warranty period, the Seller shall, at the Seller's option, either replace or authorize repair of any of the Products (or replacement parts of such Equipment will be performed on location or at Seller’s facilitiesProducts), at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is that are found not to be defective defective. Any dispute that arises regarding the nature or existence of a defect shall be settled through the use of a third party inspection service that is for some other reason not within mutually agreeable to the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyerparties. The buyer Purchaser shall be responsible promptly return or dispose of defective Products or parts as the Seller shall direct. In no event shall the Seller's liability for all maintenance services consisting breach of lubricating and cleaning warranty exceed the Equipmentreplacement cost of any defective product or part. The Purchaser may not extend the Seller's warranty to Customers in connection with the sale of the Products. The Purchaser shall not in any way alter the Products (nor the parts or components thereof) without the prior written authorization of the Seller, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined nor extend any warranty nor make any representation regarding the Products other than those contained in the Seller’s maintenance literature's then current warranty. In regard Any warranty given by the Purchaser with 7 13 respect to this paragraph, the radius for repair will be fivehundred (500) miles maximum Products that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses have been altered without prior written authorization or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, any such additional warranty or damage services on the Tiny Home. This third party representation shall not be considered to be an agent for binding on the Seller, and . Claims by the Seller will not be liable for Purchaser in regard to any of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work defect in the case this Paragraph isapplicableProducts shall be made pursuant to claim procedures set forth in Section 3.7.
Appears in 1 contract
Samples: International Distributorship Agreement (Graham Field Health Products Inc)
Warranty. The (A) Hardware Warranty. Synapse Wireless, Inc. (“Seller”) warrants that the supplied hardware Goods are free from defects in materials and workmanship under normal and proper use for one (1) year from the date said Goods are sold to Buyer; provided that the following Goods will have a five (5) year warranty period is ninety (90) days and commences on from the date of receipt or delivery, exceptthat the warranty period for expendable parts such as bulbs Goods are sold to Buyer: SimplySNAP Lighting Controllers and fuses is limited to thirty (30) daysSimplySNAP Lighting Site Controller Gateways. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and repair or replacement of such Equipment will be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable or responsible for defects in any part of Goods manufactured by others, but Seller will, as an accommodation to Buyer, assign to Buyer any warranties given to it by any such other manufacturers; provided, however, that the third partyforegoing will not extend Seller’s actions warranty to any accessory products unless Seller specifically agrees in writing. Seller’s liability for breach of this hardware warranty will be limited to replacement, repair or workrefund, in Seller’s sole discretion. The BuyerGoods that Buyer considers defective must be returned per Seller’s standard Return Material Authorization procedures. Seller will not be responsible for labor or service for removing or replacing Goods returned under this warranty. Repair or replacement does not extend the warranty for such repaired or replaced Goods. Replacement Goods may be substituted with functionally equivalent new or remanufactured, herebyrefurbished, waives all rightsor reconditioned Goods or parts thereof, claimsin Seller’s discretion. This warranty will be void if, and actions against in Seller’s reasonable opinion, the Seller for any of the third party’s work defect was caused in the case this Paragraph isapplicable.whole or part by: (a) improper handling, use, operation or testing by anyone other than Seller;
Appears in 1 contract
Samples: Entire Agreement
Warranty. The warranty Seller warrants that products sold hereunder shall be free from defects in material and workmanship for a period is ninety of twelve (9012) days and commences on months from the date of receipt or delivery, exceptthat installation by Seller. During the warranty period the equipment must be maintained by the Seller or one of the certificated service agents of the Seller as indicated, provided for expendable parts such as bulbs and fuses is or made accessible by K&S Lithography Liteq B.V.. At Seller’s sole discretion, Seller’s obligations under any product warranty are limited to thirty (30) daysthe repair or the replacement of the product or a portion thereof, or to a refund of a portion of the purchase price paid by the Buyer. Replacement parts are new or equivalent to new in performance. Any refund will be paid to the Buyer when the defective product or part is returned to Seller’s . Any product warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days made on condition that Seller receives written notice of a product defect during the warranty period and repairing or replacing any within ten (10) days following the discovery of the defect by the Buyer, and, if so requested, the defective material or work performed at its option. This includes defects, which products have been promptly reported returned to an address or location indicated by Xxxxx and are so found by Seller upon inspection, during the warranty periodSeller. Examination and repair or replacement of such Equipment will be performed on location or at Such defective parts shall become Seller’s facilities, at property as soon as they have been replaced. Seller’s optionobligations under any product warranty do not apply to any defects resulting from: (a) improper or inadequate first line maintenance, with no charge to calibration or repair by the Buyer or non authorized service agents as indicated, provided for service time expended. Equipment tobe examinedor made accessible by K&S Lithography Liteq B.V.; (b) Buyer or third party supplied software, replacedinterfaces, or repaired at Seller’s facilities must be returned to Seller by Buyer within supplies; (c) use or operation of the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some product other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all than in accordance with procedures outlined in the Seller’s applicable product specifications and written instructions; (d) abuse, negligence, accident, loss; (e) damage in transit; (f) improper site preparation; (g) unauthorized maintenance literatureor modifications to the product; or, (h) any damage to the product – including software – or other stored data caused by an external source regardless of its nature, including but not limited to hacking, (i) viruses or similar software interference resulting from the connection of the product to a network. In regard to this paragraph, the radius Seller does not provide a warranty for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party accessories and/or parts purchased from seller. Furthermore this warranty is not applicable for hardware upgrades, spare parts and other excluded items for which specific warranty conditions apply as indicated, provided for or made accessible by K&S Lithography Liteq B.V.. K&S Lithography Liteq X.X.xxxxx no warranty whatsoever for tooling and consumables. Warranty services shall not be considered provided during normal business hours 8:00 a.m. to be an agent for the Seller5:00 p.m., and the Seller will not be liable for any of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableMonday through Friday.
Appears in 1 contract
Samples: www.kns.com
Warranty. The warranty Licensor warrants that it has full power and authority to grant the rights granted herein. Licensor additionally warrants that at the time of installation of the initial copy of SYSTEM and for a period is ninety of one year thereafter, such copy of SYSTEM shall be in substantial conformance with the applicable published documentation (90which may be updated from time to time) days of SYSTEM and commences will operate on the date COMPUTER specified on Schedule 2 attached hereto. Licensor agrees to use its best reasonable efforts to correct, as soon as practicable, any failure of receipt ------------------------------------------------------------------------------- Page 4 Licensor's Initials: Licensee's Initials: LCH -------------------- -------------------- CONFIDENTIAL LICENSE AND MAINTENANCE AGREEMENT FACTS SYSTEM to so conform or delivery, exceptthat the warranty period for expendable parts such as bulbs and fuses is limited to thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during the warranty period and repairing or replacing replace any defective material item(s) in such copy of SYSTEM (or work performed any subsequent release of SYSTEM) which Licensor determines to be necessary at its option. This includes defectsLicensor's own cost and expense, which have been promptly reported by Xxxxx provided that Licensee is able to reproduce any such error in SYSTEM and are so found by Seller upon inspection, provided further that written notice reasonably identifying such error is given immediately to Licensor during the warranty period. Examination and repair or replacement This warranty shall not apply if: (i) an item of such Equipment will be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found SYSTEM shall not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all have been used in accordance with procedures outlined in Licensor's instructions; (ii) an item of SYSTEM shall have been altered, modified, merged or converted by Licensee without the Seller’s maintenance literature. In regard to this paragraphprior written approval of Licensor; (iii) Licensee's operating system shall have been altered, modified or converted without the radius for repair will be fivehundred prior written approval of Licensor; (500iv) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for any of Licensee's equipment shall malfunction; or (v) any other cause within the third party’s actions control of Licensee or workLicensor shall result in an item of SYSTEM becoming inoperative. The BuyerTHE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, herebyEXPRESS OR IMPLIED, waives all rightsAND, claimsOTHER THAN AS EXPRESSLY SET OUT HEREIN, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableLICENSOR DISCLAIMS ALL WARRANTIES OF ANY KIND OR NATURE INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF RESULTS, COMMERCIAL PRACTICALITY OR PERFORMANCE.
Appears in 1 contract
Samples: License and Maintenance Agreement (Electronic Transmission Corp /De/)
Warranty. The warranty period Bevcorp shall assign to Buyer, where possible, any warranties received by Bevcorp from suppliers or manufacturers for Goods that Bevcorp, its subsidiaries or affiliates do not manufacture and that Bevcorp is authorized to pass on to a Buyer, and Bevcorp shall not have any liability for such items. Unless otherwise specified, the “Warranty Period” shall mean: (i) for new equipment: eighteen (18) months from date of shipment or twelve (12) months from the date of completion of installation, whichever occurs first; (ii) for parts (excluding parts that are components of new equipment, which are covered by (i) above) and Services, six (6) months from shipment of parts or completion of Services; and (iii) for production ready equipment, ninety (90) days from installation and commences on start up by Bevcorp (unless otherwise agreed and reflected in the date of receipt or deliveryapplicable order). For the Warranty Period, exceptthat Bevcorp warrants that (a) the warranty period for expendable parts such as bulbs and fuses is limited to thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and repair or replacement of such Equipment Services will be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer within in a workmanlike manner; and (b) the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location Goods delivered will be charged to free from defect in material and paid by the buyerworkmanship. The buyer shall be responsible for Bevcorp also warrants that it possesses all maintenance services consisting of lubricating licenses and cleaning the Equipmentcopyright, replacing expendable partsdata rights, making minor adjustmentstypography rights, design rights, trademarks, trade names, utility models, patents, and performing operating checks, all in accordance with procedures outlined any other intellectual property rights of similar nature (regardless of registration status) existing anywhere in the Seller’s maintenance literature. In regard to this paragraph, world in or associated with the radius for repair Goods (the “Intellectual Property Rights”) and (c) the Goods will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a not infringe any third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny HomeIntellectual Property Rights. This third party warranty shall not be considered apply (i) if Buyer fails to be an agent comply with its payment obligations under the Agreement; (ii) if Buyer fails to follow the operation and maintenance manuals and/or instructions provided by Bevcorp; (iii) if Buyer uses, obtains, purchases, incorporates or attaches components or parts not supplied by Bevcorp to the Goods; (iv) if Buyer purchases, obtains, contracts or subcontracts services not performed or supplied by Bevcorp; (v) to normal wear and tear parts; or (vi) if Goods which Bevcorp determines to have been subjected to abuse or other improper use. EXCEPT AS EXPRESSLY PROVIDED HEREIN, BEVCORP EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY AS TO ANY GOODS DELIVERED OR SERVICES RENDERED IN CONNECTION WITH THE AGREEMENT, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY OR OTHER QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. Bevcorp is not responsible for the Seller, properties and the Seller will not be liable for any safety of the third party’s actions or workproduct processed by the Good(s). The Buyer, hereby, waives all rights, claims, and actions against the Seller for any user of the third party’s work in equipment agrees that it is responsible for the case this Paragraph isapplicablefoods or beverages produced and that it is solely responsible for compliance with laws, including food safety laws and regulations and other general requirements applicable to any jurisdiction where it operates or where it uses or sells the equipment.
Appears in 1 contract
Samples: www.bevcorp.com
Warranty. The warranty 11.1 T/R warrants to KYOCERA MITA that the hardware and equipment, with the exception of PrintStations and MicroScanners sold to KYOCERA MITA, pursuant to this Agreement will be free of material defects for a period is ninety (90) days and commences on of [ * ], unless specifically stated differently, from delivery to KYOCERA MITA. Should any defect in workmanship or material appear within [ * ], unless specifically stated differently, after the date of receipt or delivery, exceptthat the warranty period for expendable parts such as bulbs and fuses is limited to thirty T/R will (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hoursupon written notification thereof, and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, delivered during the warranty period. Examination and ) correct such defect(s) by suitable repair or replacement of such Equipment will be performed on location at T/R's facilities, or at Seller’s facilitiesthe place of business of T/R's designated local representative, or at T/R's place of business, at Seller’s T/R's option. This warranty only covers hardware and equipment that has been stored, with no charge to Buyer for service time expended. Equipment tobe examinedinstalled, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on maintained and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all operated in accordance with procedures outlined T/R's requirements and standard industry practice, and that the defect(s) have not arisen from unauthorized repair, modification, or improper connection by mechanical or electrical means to any other piece of equipment or device. T/R warrants to KYOCERA MITA only that the PrintStations and MicroScanners sold to KYOCERA MITA pursuant to this Agreement will be free of material defects for a period of [ * ]; unless specifically stated differently, from delivery to KYOCERA MITA. T/R shall issue Return Authorizations ("RA") no later than [ * ] after T/R has received a valid warranty claim from KYOCERA MITA. T/R shall ship KYOCERA MITA or its dealers with replacement units, or loaner units to replace the systems at customer locations, which require warranty repairs. The replacement or loaner units will be shipped to the KYOCERA MITA or the dealer location by T/R when the RA is issued. Warranty repairs shall be completed within [ * ] of the issuance of the RA. All returns to T/R or its representative must be pre-authorized in writing and shipped prepaid. T/R assumes no risk of loss or damage prior to acceptance of delivery. Return shipment will not be prepaid by T/R if inspection fails to disclose a warranted defect. It is agreed between the parties that the foregoing shall be KYOCERA MITA's exclusive remedy for warranted defects. The sole purpose of this exclusive remedy shall be to provide KYOCERA MITA with free repair and replacement of the defective parts in the Seller’s maintenance literature. In regard to this paragraphmanner provided herein, and the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow hardware and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party equipment shall not be considered deemed to be an agent for the Seller, have failed of its essential purpose so long as T/R is willing and the Seller will not be liable for any of the third party’s actions able to repair or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work replace defective parts in the case this Paragraph isapplicabledescribed manner. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF (AND T/R DISCLAIMS) ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR OTHER WARRANTY OF QUALITY OR PERFORMANCE, WHETHER EXPRESSED OR IMPLIED. * Confidential information has been omitted and filed separately with the Commission.
Appears in 1 contract
Samples: Master Assembly and Distribution Agreement (T/R Systems Inc)
Warranty. The warranty period is ninety (90) days and commences 9.1 Dealer shall offer for sale Products covered by this Agreement only on the date basis of receipt Company's published limited warranties and Dealer shall have no authority to and shall not make any representations relating to Company's warranties other than those therein made. COMPANY MAKES NO WARRANTY, EXPRESSED OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF ANY PRODUCTS OR GOODS SOLD PURSUANT TO THIS AGREEMENT. 9.2 Company shall furnish to Dealer and Dealer shall provide to each purchaser of a new Product prior to time of sale all applicable Product oper- ation and/or maintenance manuals and shall alert the purchaser to any written limited warranties made by the Company and component suppliers. Dealer shall also inform the purchaser if the Product sold is not new or deliveryif the Product has been damaged. Dealer shall also inform the purchaser if the Product is sold to the Dealer at a reduced price due to cosmetic deficiencies and notify the purchaser of such cosmetic deficiencies. 9.3 Dealer agrees to enter the correct warranty registration information via TracNet or complete, exceptthat have the purchaser sign and then mail Company's warranty period registration card back to Company immediately upon delivery of warranted Product to a purchaser and to reasonably assist Company in per-forming Product defect and recall campaigns. In the event Dealer fails to complete, have executed and/or return the Company's warranty registration card or enter the correct warranty registration information via TracNet, Dealer agrees to indemnify Company against any liability, loss, damage or expense (including attorney's fees) which Company may sustain as a result of said failure. 9.4 The Company may in its sole discretion, prospectively change or eliminate at any time its warranties which are extended on Products sold under this Agreement. 9.5 Dealer hereby assumes sole responsibility for expendable parts such as bulbs its workmanship in the predelivery inspection, adjustment, rigging and fuses is limited to thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hourspreparation of Products made by or under the direction of the Dealer, and days during in the maintenance or repair of Products sold to Dealer under this Agreement or delivered to Dealer by an owner. 9.6 Dealer agrees to abide by Company service and warranty period programs, policies and repairing or replacing any defective material or work procedures as established by the Company from time to time. Dealer shall maintain a complete service shop and shall perform warranty service for owners of the Products which qualify for service under the provi-sions of the limited warranties issued by the Company and component suppliers. All warranty service shall be performed at its optionby Dealer in a good and workmanlike manner and in accordance with such recommendations, specifications and instructions relating thereto as may be furnished to Dealer by Company and component suppliers. This includes defectsFor such warranty service approved by the Company, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and Company will reimburse Dealer for labor performed in repair or replacement of such Equipment will be performed on location any defective part or parts at Seller’s facilities, at Seller’s option, with no charge the current published warranty labor rate. Dealer shall follow Company's instructions in returning to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for factory any of the third party’s actions Company's Products, accessories or workparts which are defective. The BuyerDealer will receive, herebyinvestigate and handle all complaints received from owners of the Products with a view of securing and maintaining the goodwill of the public toward Dealer, waives the Company and the Products. Dealer agrees to provide prompt, courteous and efficient service and warranty work on all rightsProduct, claimswhether or not purchased from the Dealer. All complaints received by Dealer which cannot be readily remedied and/or cannot be remedied within 30 days of the Dealer's receipt of the Product, shall be promptly reported in detail to Company. Dealer will prepare, keep up to date and retain for a minimum of two (2) years records in support of applications for payment for warranty repairs. Dealer will permit any employees or designated representative of Company to make, at any reasonable time during regular business hours, examinations and audits, and actions against the Seller for to reproduce and to take copies of any of the third party’s work in the case this Paragraph isapplicableaccounts and records required to be kept and maintained by Dealer.
Appears in 1 contract
Warranty. The warranty Seller warrants that, for a period of two (2) years from the date a Product is ninety delivered to the Buyer ordering such product, such Product will be free from any defects in design, material and workmanship, in conformity with any applicable drawings and specifications, and title to such Products shall be unencumbered. Buyer reserves the right to return, at Seller's expense, any defective or nonconforming Products or shipments received contrary to this Agreement. If requested by Xxxxx, Seller will, at Buyer’s option, refund the purchase price of the Products, or correct or replace, at Seller's expense, the defective or nonconforming Products within ten (9010) days after notice by Buyer to Seller. All costs in connection with or as a result of such defective or nonconforming Products, including, without limitation, cost to transport the Products from the Buyer to Seller and commences on return shipment to the Buyer, will be borne by Seller. This warranty will then continue as to the corrected or replaced Products for two (2) years after the date of receipt delivery of the corrected or deliveryreplaced Products to Buyer. If Seller fails to repair or replace the Goods within the time periods set forth herein, exceptthat Buyer may repair or replace the warranty period for expendable parts such as bulbs defective or nonconforming Goods at Seller's expense. Seller warrants that (i) it and fuses is limited to thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found all subcontractors hired by Seller upon inspection(as permitted in Section 4) will perform all Services in a good and workmanlike manner, during the warranty period. Examination (ii) all Services, including all materials and repair equipment furnished hereunder, shall conform to all requirements and specifications identified in this Agreement or replacement of such Equipment will be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned provided to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard pursuant to this paragraph, the radius for repair will be fivehundred (500) miles maximum Agreement and all industry standards established by those engaged in a business similar to that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the of Seller, and the Seller (iii) all Services shall be free from defects of any kind in materials and workmanship. Rejected or nonconforming Goods will not be liable for any of deemed delivered on-time unless corrected or replaced Goods are delivered within the third party’s actions or workon-time period applicable to the order. The foregoing rights of Buyer are not exclusive and shall not limit Buyer, hereby, waives all rights, claims, and actions against the Seller for 's right to avail itself of any of the third party’s work other remedy provided at law or in the case this Paragraph isapplicableequity.
Appears in 1 contract
Samples: Goods and Services Terms
Warranty. The Seller warrants to its direct purchaser that the Products will operate or perform substantially in conformance with Seller's published specifications and be free from defects in material and workmanship, when subjected to normal, proper and intended usage by properly trained personnel, for the period of time set forth in the product documentation, published specifications or package inserts. If a period of time is not specified in Seller's product documentation, published specifications or package inserts, the warranty period is ninety shall be six (906) days and commences on months from the date of receipt or deliveryshipment to Buyer (the "Warranty Period"), exceptthat the warranty unless a different period for expendable parts the specific sale is agreed to by Seller in writing. If Seller determines, in its reasonable discretion, after an inspection of an allegedly defective Product (if such as bulbs and fuses an inspection is limited to thirty (30) days. requested by Seller’s warranty obligation ), that a Product is limited to providing remedial service during Seller’s normal business hoursdefective, and days then Seller agrees during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and Warranty Period to repair or replacement of such Equipment will be performed on location or at Seller’s facilitiesreplace, at Seller’s 's option, defective Products so as to cause the same to operate in substantial conformance with no charge to said published specifications; provided that Buyer for shall promptly notify Seller in writing upon the discovery of any defect, which notice shall include the product model and serial number (if applicable) and details of the warranty claim. After Seller's review, Seller will provide Buyer with service time expended. Equipment tobe examineddata and/or a Return Material Authorization ("RMA") which may include biohazard decontamination procedures and other product-specific handling instructions; then, replacedif applicable, or repaired at Seller’s facilities must be returned Buyer may return the defective Products to Seller by Buyer within the warranty period with transportation charges all costs prepaid by Buyer. If examined Equipment is found not Replacement parts may be new or refurbished, at the election of Seller. All replaced parts shall become the property of Seller. Shipment to be defective Buyer of repaired or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer replacement Products shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all made in accordance with procedures outlined the Delivery provisions of the Seller's Terms and Conditions of Sale. No repair or replacement will extend the original warranty period. Consumables are expressly excluded from this warranty. Seller agrees to assign to Buyer any warranty rights in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum Products that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses have from the original manufacturer or allow a third-party contractor, carrying its own insurancesupplier, to the extent such assignment is allowed by such original manufacturer or third-party supplier. Such warranty rights take priority and must be elected fully utilized before the exercise of any other warranty rights. In no event shall Seller have any obligation to make repairs, replacements or corrections required, in whole or in part, as the result of (i) normal wear and tear, (ii) accident, disaster or event of force majeure, (iii) abuse, neglect, misuse, fault or negligence of or by Seller to perform warrantyBuyer, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for any (iv) use of the third party’s actions Products in a manner for which they were not designed, (v) causes external to the Products such as, but not limited to, power failure or work. The Buyerelectrical power surges, hereby, waives all rights, claims, (vi) improper storage and actions against the Seller for any handling of the third party’s work Products, (vii) use of the Products in the case this Paragraph isapplicable.combination with equipment or software not supplied by Seller,
Appears in 1 contract
Samples: azon.com
Warranty. The Supplier warrants to Company and its customers that Product furnished will be new, merchantable, free from defects in design, material and workmanship and will conform to and perform in accordance with the Specifications or as the Products have heretofore performed, as applicable. These warranties extend to the future performance of the Product and shall continue for a period of twenty-seven (27) months from date of delivery to Company pursuant to the DELIVERY TERMS/TRANSFER OF TITLE AND RISK OF LOSS section. These warranties shall not extend to or be provided on product manufactured by Company prior to the date of this Agreement. Supplier also warrants to Company that services will be performed in a commercially reasonable and workmanlike manner. If Product furnished contains manufacturers' warranties, Supplier hereby assigns such warranties to Company to the extent assignable. THE FOREGOING WARRANTIES ARE IN LIEU OF AND EXCLUDE ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. All warranties shall survive inspection, acceptance and payment. Product returned within the warranty period is will be, at Company's option, repaired or replaced (with a new or refurbished Product, at Supplier's option) by Supplier at no charge. Outbound transportation charges and risk of loss and damage in transit for warranted Product will be borne by Supplier. Inbound transportation charges and risk of loss and damage will be borne by Company. Warranties for repaired Product will be the greater of ninety (90) days and commences on or the date remainder of receipt or delivery, exceptthat the warranty period for expendable parts such as bulbs and fuses is limited to thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination If repairs are performed by Company or by a third party, either of which is not authorized by Supplier, then such repairs shall void the warranty on the Product and repair or replacement of Supplier shall have no obligation to an Epidemic Condition later discovered relating to such Equipment will be performed on location or at Seller’s facilitiesrepaired Product. Not withstanding the foregoing, at Seller’s optionCompany agrees that it shall pay for any and all repairs/replacements for the P2uLam purchased under this Agreement and the predecessor agreement between the parties, and in exchange Supplier agrees to drop, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, prejudice any and all claims it may have now or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In future with regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contractmatter currently styled as "Lucent vs. Ericsson". Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party Company shall not be considered to be an agent retain warranty responsibility for the SellerGeneral Availability Products manufactured by Company that are currently in the field, and in inventory or in production prior to the Seller will not be liable for any Effective Date of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableAgreement.
Appears in 1 contract
Samples: Supply Agreement (Andrew Corp)
Warranty. The warranty period is ninety Unless otherwise stated in a customer master agreement, Products manufactured by Seller are warranted solely to the original Buyer for eighteen months (9018) days and commences on the months from date of receipt shipment or deliveryone (1) year from date of installation, exceptthat whichever is sooner, against defects in material and workmanship when paid for and properly installed and maintained under normal use and service. Exceptions to the warranties contained in this Section 15 are set forth in Appendix A attached hereto. Warranty will be immediately voided by substitution of non-Seller approved parts. No warranty period is provided for expendable parts such as bulbs and fuses is limited to thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during the warranty period and repairing products or replacing any defective material or work performed at its option. This includes defects, which components that have been promptly reported subject to normal wear and tear, misuse, improper installation, incompatible chemicals/materials, corrosion; that have not been used for their intended purpose; or that have not been installed, maintained, modified or repaired in accordance with applicable Standards of the National Fire Protection Association and/or the standards of any other Authorities Having Jurisdiction. For Products identified in a Tyco price book as manufactured by Xxxxx and are so third parties (“Resale Products”), Seller will pass through to Buyer any transferable warranties provided to Seller by the manufacturer of such Resale Products. Materials found by Seller upon inspection, during the warranty period. Examination and repair to be defective shall be either repaired or replacement of such Equipment will be performed on location or at Seller’s facilitiesreplaced, at Seller’s sole option. Seller neither assumes, nor authorizes any person to assume for it, any other obligation in connection with no charge to Buyer for service time expendedthe sale of Products or parts of Products. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found shall not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipmentsystem design errors or inaccurate or incomplete information supplied by Buyer or Buyer’s representatives. THE FOREGOING WARRANTY IS MADE IN LIEU OF ANY AND ALL OTHER WARRANTIES, replacing expendable partsEXPRESS OR IMPLIED, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny HomeINCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. This third party shall not be considered limited warranty sets forth the exclusive remedy for claims based on failure of or defect in Products, materials or components, whether the claim is made in contract, tort, strict liability or any other legal theory. This warranty will apply to be an agent for the Sellerfull extent permitted by law. The invalidity, and the Seller in whole or part, of any portion of this warranty will not be liable for any of affect the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableremainder.
Appears in 1 contract
Samples: General Terms and Conditions
Warranty. The Supplier warrants to Company and customers, as defined in this Section, that PRODUCT furnished will be new, merchantable, free from defects in design (except to the extent designed by Company), material and workmanship and will conform to and perform in accordance with the specifications, drawings and samples set forth in this Agreement for a period of * * In addition, if PRODUCT furnished contains one or more manufacturer's warranties, Supplier hereby assigns such warranties to Company and customers. Supplier warrants that at the time of delivery to Company such PRODUCT shall be free of any security interest or any other lien or any other encumbrance whatsoever. All warranties shall survive inspection acceptance and payment. Failed safety devices caused by natural acts are not covered under warranty. Defective or non-conforming PRODUCT will, at Supplier's option either be returned to Supplier for repair or replacement, or be repaired or replaced by Supplier on customer's site at no cost to Company. Cost of shipping with risk of in-transit loss and damage will be borne by the shipping party, either the Company or Supplier. Unless otherwise agreed upon by Supplier and Company, Supplier shall complete repairs and ship the repaired PRODUCT within twenty (20) days of receipt of defective or non-conforming PRODUCT, or at Supplier's option, ship replacement PRODUCT within twenty(20) days after written notification is given Supplier by Company. Supplier shall bear the risk of in-transit loss and damage and shall prepay and bear the cost of freight for shipments to Company of repaired or replaced PRODUCT. If PRODUCT returned to Supplier on customer's site for repair as provided for in this Section is determined to be beyond repair, Supplier shall promptly so notify Company and, unless otherwise agreed to in writing by Supplier and Company, ship replacement PRODUCT without charge within twenty (20) days of such notification. If returned PRODUCT is determined to be beyond repair due to improper handling, installation or maintenance, the Company will be notified and given the option to either scrap the unit in place or purchase a replacement unit. Replacement of PRODUCT shall be warranted as set forth in this WARRANTY Section. Any PRODUCT which is repaired, modified, or otherwise serviced by Supplier shall be warranted as provided in this WARRANTY Section for the remainder of the warranty period is or ninety (90) days and commences on after the PRODUCT is returned to customer, whichever is later (based upon the date of receipt repair, modification or delivery, exceptthat the warranty period for expendable parts such as bulbs other service is completed and fuses is limited to thirty (30) daysaccepted by Company). Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during the warranty period and repairing or replacing any defective material or work performed at its option**CONFIDENTIAL TREATMENT HAS BEEN REQUESTED. This includes defects, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and repair or replacement of such Equipment will be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or RESTRICTED - PROPRIETARY INFORMATION The information contained herein is for some other reason use by authorized employees of the parties hereto only and is not for general use or distribution within the warranty coverage, Seller’s reasonable service time expended on and off location or outside of their respective companies except under written agreement. Supplier will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting notify Company as soon as possible after it becomes aware of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined any actual or potential defects in the Seller’s maintenance literature. In regard goods (including equipment and software) and its ability to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for any of the third party’s actions or work. The Buyerservices, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicable.that may adversely affect:
Appears in 1 contract
Warranty. The warranty CP warrants to Buyer, and Buyer only, new equipment manufactured by CP and covered hereby, against defects in material and workmanship while in normal use and service for a period is ninety of twelve (9012) days and commences on the months from date of receipt shipment (the “Warranty Period”). CP warrants to Buyer that it shall perform the Services using personnel of required skill, experience and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services. The foregoing limited warranty (the “Warranty”) applies only to equipment that has been properly installed and maintained and subjected to normal use. It does not cover damages caused by abuse, misuse, unauthorized repair, accident, alteration, modification, electrical brownouts, power surges, loose wires, loose screws, nuts or delivery, exceptthat the warranty period for expendable parts bolts. Also excluded are ordinary service and maintenance items such as bulbs replacement belts, light bulbs, tires, wear liners, limit switch adjustments, hydraulic seals, and fuses the like, required as the result of normal wear and tear. CP makes no warranty with respect to any parts or equipment manufactured by others and sold by CP. These items are subject to the warranties of the manufacturer, and Buyer agrees that any warranty claims on these items shall be made by the Buyer directly against the respective manufacturer. CP shall not be made a party to such claims by Buyer. This Warranty supersedes any written or oral representations concerning the equipment sold to Buyer that may have been made by CP’s agents or employees, or contained in advertisements. If any model or sample was shown to Buyer, that model or sample was used merely to illustrate the general type and quality of the equipment and not to represent that the equipment would necessarily conform to such model or sample. Buyer’s sole remedy for any defect of material or workmanship in the equipment sold by CP is as provided by this Warranty. IN NO EVENT SHALL CP BE LIABLE FOR ANY CLAIM FOR SPECIAL, INCIDENTAL, INDIRECT, FORESEEABLE OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE, LOSS OF USE, BREAK DOWN OR MALFUNCTION OF THE EQUIPMENT, INCLUDING LOST EARNINGS OR PROFITS. CP shall not be obligated to provide any warranty coverage whatsoever for any defect not communicated to CP in writing within the Warranty Period. Delivery of Products by CP to a common carrier for shipment to Buyer shall constitute delivery of the Products to Buyer. Regardless of freight payment, all risk of loss or damage in transit shall pass to Buyer, and all claims for loss or damage during shipment must be made by Buyer directly to the carrier. Buyer shall notify CP, or an authorized distributor of CP in writing within 30 days of discovery, within the Warranty Period, of any alleged defect and permit CP or its designated representatives to conduct such investigation, examination and tests as it deems appropriate. If requested by CP, Buyer will return the alleged defective Product to CP factory, freight prepaid for examination and testing. If CP determines the Product is defective, CP will either repair or replace, at the option of CP, such Product with a like item of CP’s manufacture, F.O.B. CP‘s factory. This Warranty excludes labor. The responsibility of CP is limited to thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during the warranty period and repairing or replacing any defective material manufactured by it, provided CP examination discloses to its satisfaction that such material has not been altered or repaired (other than by CP approved procedures), subjected to misuse or improper maintenance. Any repairs to, alterations of, or work performed at done on alleged defective Products without CP specific written authorization shall void CP Warranty applicable thereto. With respect to any warranty claim on the Services, CP shall, in its option. This includes defectssole discretion, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and (i) repair or replacement re-perform the applicable Services or (ii) credit or refund the price of such Equipment will be performed on location or Services at Seller’s facilitiesthe pro rata contract rate. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, at Seller’s optionEXPRESSED OR IMPLIED, with no charge to Buyer for service time expendedINCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Equipment tobe examinedTHERE ARE NO OTHER WARRANTIES, replacedAGREEMENTS OR UNDERSTANDINGS WHICH EXTEND BEYOND THOSE SET FORTH IN THESE TERMS. NO OTHER WARRANTY, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by BuyerORAL OR WRITTEN, IS AUTHORIZED OR HAS BEEN GIVEN BY CP TO BUYER. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for any of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableTHE REMEDIES SET FORTH UNDER THIS HEADING “WARRANTY” SHALL BE BUYER'S SOLE AND EXCLUSIVE REMEDY AND CP'S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTIES SET FORTH HEREIN.
Appears in 1 contract
Samples: Terms and Conditions of Sale
Warranty. The warranty Seller warrants that, for a period of two (2) years from the date a Product is ninety delivered to Buyer, such Product will be free from any defects in design, material and workmanship, such Product will be in conformity with any applicable drawings and specifications, and title to such Products shall be unencumbered. Payment for Products will not constitute approval or acceptance of goods or services by Buyer; Buyer’s right of inspection will survive payment. Buyer reserves the right to return, at Seller's expense, any defective or nonconforming Products or shipments received contrary to this Order. If requested by Xxxxx, Seller will, at Buyer’s option, refund the purchase price of the Products, or correct or replace, at Seller's expense, the defective or nonconforming Products within ten (9010) days after notice by Buyer to Seller. All costs in connection with or as a result of such defective or nonconforming Products, including, without limitation, cost to transport the Products from Buyer to Seller and commences on return shipment to Buyer, will be borne by Seller. This warranty will then continue as to the corrected or replaced Products for two (2) years after the date of receipt delivery of the corrected or deliveryreplaced Products to Buyer. If Seller fails to repair or replace the Product within the time periodsset forth herein, exceptthat Buyer may repair or replace the warranty defective or nonconforming goods at Seller's expense. Rejected or nonconforming Products will not be deemed delivered on-time unless corrected or replaced Products are delivered within the on-time period for expendable parts such applicable to this Order. Seller warrants that (i) it and all subcontractors (as bulbs and fuses is limited to thirty (30permitted in Section 22 below) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found hired by Seller upon inspectionwill perform all Services in a good and workmanlike manner, during the warranty period. Examination (ii) all Services, including all materials and repair equipment furnished hereunder, shall conform to all requirements and specifications identified in this Order or replacement of such Equipment will be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned provided to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard pursuant to this paragraph, the radius for repair will be fivehundred (500) miles maximum Order and all industry standards establishedby those engaged in a business similar to that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the of Seller, and the Seller will not (iii) all Services shall be liable for free from defects of any of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, kind in materials and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableworkmanship.
Appears in 1 contract
Samples: Acceptance; Entire Agreement
Warranty. The warranty Seller expressly warrants that items delivered under the Orders shall be in accordance with Seller's affirmation, description, sample or model, and compliant with all requirements of the BOA and Order. Seller warrants for a period is ninety (90) days and commences on the of six months from their date of receipt delivery or deliveryprovision of services, exceptthat or the shelf‐life of the product, whichever occurs earliest, that the goods shall conform to published specifications and shall be free from defects in material and workmanship when at all times operated in accordance with Seller’s written instructions; and that the services will be performed in accordance with industry standards. For goods not manufactured by Seller, the warranty period shall be the manufacturer’s transferable warranty only. For products/services that do not meet the warranty, Seller will, at their option; replace the non‐conforming goods, re‐perform the Services at issue or refund the purchase price. No allowance will be made for expendable parts such as bulbs and fuses is limited to thirty (30) days. repairs or alterations made by Company without Seller’s written consent or approval. The foregoing warranties are in lieu of and exclude all other warranties, statutory, express or implied, including any warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during of merchantability or of fitness for a particular purpose. If any nonconformity or latent defect with the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during item appears within the warranty period, Seller shall promptly repair or replace said items or re-perform services. Examination Transportation of replacement items and return of nonconforming items and repeat performance of services shall be at Seller's expense. If repair or replacement or re-performance of such Equipment will be performed on location services is not timely, Company may elect to return the nonconforming items or repair or replace said item or re-procure the services at Seller’s facilities's expense. Notwithstanding the foregoing, at Seller’s option, with no charge Company may terminate this Basic Ordering Agreement for default (or any associated Orders) should Seller either refuse or fail to Buyer for service time expended. Equipment tobe examined, replaced, replace non-conforming goods or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to re-perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for any of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableservices.
Appears in 1 contract
Samples: Basic Ordering Agreement
Warranty. The warranty Sanmina warrants that the Products (excluding components purchased from third-party vendors ("Vendor Components")) shall be free from any defects in workmanship for a period is ninety (90) days and commences on of one year from the date of receipt manufacture. Warranty on components is limited to the warranty provided by the component manufacturer. Sanmina shall pass on any unexpired warranty for such Vendor Components provided by third-party vendors or deliverypassed on by such third-party vendors from the original manufacturers until the expiration of such warranties or up to a maximum of one (1) year from date of manufacture of the Product by Sanmina, exceptthat whichever is shorter. As the Customer's sole remedy under the warranty, Sanmina, will, at no charge, rework, repair and retest any such Products returned to Sanmina and found to contain such defects caused by Sanmina. Warranty coverage does not include failures due to the Customer design errors, the supply or selection of improper or defective parts or materials used by the Customer, the Customer requested changes, damages caused by the Customer's misuse, unauthorized repair or negligence. Sanmina does not assume any liability for expendable items such as lamps and fuses. Sanmina reserves the right to inspect the Products and verify that they are defective or non-conforming. Sanmina's total liability shall be limited to the value of the Product supplied under this Agreement. The warranty afforded to these assemblies is limited to these items, parts and defects that are within the capability of existing test equipment, program and processes. The performance of any repair or replacement by Sanmina does not extend the warranty period for expendable parts such as bulbs and fuses is limited any Products beyond the period applicable to thirty (30) daysthe Products originally delivered. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hoursEXCEPT FOR THE ABOVE EXPRESS WARRANTIES, and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defectsSANMINA MAKES AND THE CUSTOMER RECEIVES NO WARRANTIES OR CONDITIONS ON THE PRODUCTS, which have been promptly reported by Xxxxx and are so found by Seller upon inspectionEXPRESS, during the warranty period. Examination and repair or replacement of such Equipment will be performed on location or at Seller’s facilitiesIMPLIED, at Seller’s optionSTATUTORY, with no charge to Buyer for service time expended. Equipment tobe examinedOR OTHERWISE, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for any of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableAND SANMINA SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Appears in 1 contract
Samples: Healthetech Inc
Warranty. The Seller represents and warrants to the Buyer only that the Products shall conform to the specifications agreed to in writing between the Seller and the Buyer. In addition to this, no other warranties of the Products, whether express or implied, are made by the Seller to the maximum extent permitted by applicable law. The warranty period is ninety provided in this section 8 will not apply to the circumstances set forth below: (90a) days and commences on the date of receipt or delivery, exceptthat the warranty period for expendable parts such as bulbs and fuses is limited to thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found by The Seller upon inspection, during the warranty period. Examination and repair or replacement of such Equipment will be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for defects in the Products resulting from modifications or changes in specifications if the aforementioned modifications or changes were requested by the Buyer; (b) the Seller shall not be liable for defects caused by normal wear and tear, willful damage, negligence, improper usage, failure to follow the Seller’s instructions, incorrect usage without the Seller’s approval, modification or repair; (c) the warranty does not extend to parts, accessories, materials or equipment that was not manufactured by the Seller. With regard to any one part, accessory, material or piece of equipment, the third party’s actions or workBuyer shall only have the right of benefit with respect to the corresponding warranty provided by the manufacturer to the Seller. The Buyer, hereby, waives all rights, claims, and actions against Buyer shall submit any claim to the Seller in writing within three (3) days from the date of collection or delivery by the Seller. In the event that the Buyer claims to the Seller for any a compensation for the defects of the third party’s work Products, the Seller shall be entitled to arrange for the claimed Products to be inspected as soon as reasonably practicable. For those claimed Products proved to be failure in conformity with the case specifications warranted based on this Paragraph isapplicableSection 8, the Seller may choose to replace the Products free of charge, or may elect to refund all or a portion of the Price of the Products to the Buyer. Except for the above, any other rights or claims of the Buyer and, in particular (but without limitation), any right to claim indirect or consequential damages, are expressly excluded.
Appears in 1 contract
Samples: General Terms And
Warranty. The warranty Seller warrants that the goods sold to Buyer hereunder (with the exception of membranes, seals, gaskets, elastomer materials, coatings and other "wear parts" or consumables all of which are not warranted except as otherwise provided in the quotation or sales form) will be (i) be built in accordance with the specifications referred to in the quotation or sales form, if such specifications are expressly made a part of this Agreement, and (ii) free from defects in material and workmanship for a period is ninety of one (901) days and commences on year from the date of receipt installation or delivery, exceptthat eighteen (18) months from the warranty period for expendable parts such as bulbs and fuses is limited to date of shipment (which date of shipment shall not be greater than thirty (30) daysdays after receipt of notice that the goods are ready to ship), whichever shall occur first, unless a longer period is provided by law or is specified in the product documentation (the “Warranty”). Except as otherwise provided by law, Seller shall, at its option and at no cost to Buyer, either repair or replace any product which fails to conform with the Warranty; provided, however, that under either option, Seller shall not be obligated to remove the defective product or install the replaced or repaired product. Seller shall have complete discretion as to the method or means of repair or replacement. Buyer’s failure to comply with Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and repair or replacement directions shall constitute a waiver of its rights and render all warranties void. The Warranty is conditioned on Buyer giving written notice to Seller of any defects in material or workmanship of warranted goods within ten (10) days of the date when any defects are first manifest. Seller shall have no warranty obligations to Buyer with respect to any product or parts of a product that: (a) have been repaired by third parties other than Seller or without Seller’s written approval; (b) have been subject to misuse, misapplication, neglect, alteration, accident, or physical damage; (c) have been used in a manner contrary to Seller’s instructions for installation, operation and maintenance; (d) have been damaged from ordinary wear and tear, corrosion, or chemical attack; (e) have been damaged due to abnormal conditions, vibration, failure to properly prime, or operation without flow; (f) have been damaged due to a defective power supply or improper electrical protection; or (g) have been damaged resulting from the use of accessory equipment not sold by Seller or not approved by Seller in connection with products supplied by Seller hereunder. In any case of products not manufactured by Seller, there is no warranty from Seller; however, Seller will extend to Buyer any warranty received from Seller’s supplier of such Equipment will be performed on location or at Seller’s facilitiesproducts. THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, at Seller’s optionGUARANTEES, with no charge to Buyer for service time expendedCONDITIONS OR TERMS OF WHATEVER NATURE RELATING TO THE GOODS PROVIDED HEREUNDER, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED. Equipment tobe examinedEXCEPT AS OTHERWISE PROVIDED BY LAW, replacedBUYER’S EXCLUSIVE REMEDY AND SELLER’S AGGREGATE LIABILITY FOR BREACH OF ANY OF THE FOREGOING WARRANTIES ARE LIMITED TO REPAIRING OR REPLACING THE PRODUCT AND SHALL IN ALL CASES BE LIMITED TO THE AMOUNT PAID BY BUYER HEREUNDER. IN NO EVENT IS SELLER LIABLE FOR ANY OTHER FORM OF DAMAGES, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverageWHETHER DIRECT, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the EquipmentINDIRECT, replacing expendable partsLIQUIDATED, making minor adjustmentsINCIDENTAL, and performing operating checksCONSEQUENTIAL, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraphPUNITIVE, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. FurthermoreEXEMPLARY OR SPECIAL DAMAGES, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractorINCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, carrying its own insuranceLOSS OF ANTICIPATED SAVINGS OR REVENUE, to be elected by Seller to perform warrantyLOSS OF INCOME, remedialLOSS OF BUSINESS, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the SellerLOSS OF PRODUCTION, and the Seller will not be liable for any of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableLOSS OF OPPORTUNITY OR LOSS OF REPUTATION.
Appears in 1 contract
Samples: www.xylem-analytics.asia
Warranty. The Seller warrants that the Products will operate or perform substantially in conformance with Seller's published specifications and be free from defects in material and workmanship, when subjected to normal, proper and intended usage by properly trained personnel, for the period of time set forth in the product documentation, published specifications or package inserts. If a period of time is not specified in Seller’s product documentation, published specifications or package inserts, the warranty period is ninety shall be one (901) days and commences on year from the date of receipt or delivery, exceptthat and where applicable, one (1) year from successful SAT (the warranty period for expendable parts such as bulbs and fuses is limited to thirty (30) days"Warranty Period"). Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days Seller agrees during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defectsWarranty Period, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and to repair or replacement of such Equipment will be performed on location or at Seller’s facilitiesreplace, at Seller’s 's option, defective Products so as to cause the same to operate in substantial conformance with no charge to said published specifications; provided that Buyer for service time expended. Equipment tobe examinedshall (a) promptly notify Seller in writing upon the discovery of any defect, replaced, or repaired at which notice shall include the product model and serial number (if applicable) and details of the warranty claim; and (b) after Seller’s facilities must be returned review, Seller will provide Buyer with service data and/or a Return Material Authorization (“RMA”), which may include biohazard decontamination procedures and other product-specific handling instructions, then, if applicable, Buyer may return the defective Products to Seller by Buyer within the warranty period with transportation charges all costs prepaid by Buyer. If examined Equipment is found not Replacement parts may be new or refurbished, at the election of Seller. All replaced parts shall become the property of Seller. Shipment of Products subject to warranty shall be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyerDAP origin. Consumables are expressly excluded from this warranty. The buyer shall be responsible Warranty Period does not restart for all maintenance services consisting of lubricating and cleaning Products repaired during the EquipmentWarranty Period. Notwithstanding the foregoing, replacing expendable partsProducts supplied by Seller that are obtained by Seller from an original manufacturer or third party supplier are not warranted by Seller, making minor adjustments, and performing operating checks, all but Seller agrees to assign to Buyer any warranty rights in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum such Product that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses have from the original manufacturer or allow a third-third party contractor, carrying its own insurancesupplier, to be elected the extent such assignment is allowed by such original manufacturer or third party supplier. In no event shall Seller have any obligation to perform make repairs, replacements or corrections required, in whole or in part, as the result of (i) normal wear and tear, (ii) accident, disaster or event of force majeure, (iii) misuse, fault or negligence of or by Buyer, (iv) use of the Products in a manner for which they were not designed, (v) causes external to the Products such as, but not limited to, power failure or electrical power surges, (vi) improper storage and handling of the Products or (vii) use of the Products in combination with equipment or software not supplied by Seller. If Seller determines that Products for which Xxxxx has requested warranty services are not covered by the warranty hereunder, Buyer shall pay or reimburse Seller for all costs of investigating and responding to such request at Seller's then prevailing time and materials rates. If Seller provides repair services or replacement parts that are not covered by this warranty, remedialBuyer shall pay Seller therefor at Seller's then prevailing time and materials rates. ANY INSTALLATION, or damage services on the Tiny HomeMAINTENANCE, REPAIR, SERVICE, RELOCATION OR ALTERATION TO OR OF, OR OTHER TAMPERING WITH, THE PRODUCTS PERFORMED BY ANY PERSON OR ENTITY OTHER THAN SELLER WITHOUT SELLER'S PRIOR WRITTEN APPROVAL, OR ANY USE OF REPLACEMENT PARTS NOT SUPPLIED BY SELLER, SHALL IMMEDIATELY VOID AND CANCEL ALL WARRANTIES WITH RESPECT TO THE AFFECTED PRODUCTS. This third party shall not be considered to be an agent for the SellerTHE OBLIGATIONS CREATED BY THIS WARRANTY STATEMENT TO REPAIR OR REPLACE A DEFECTIVE PRODUCT SHALL BE THE SOLE REMEDY OF BUYER IN THE EVENT OF A DEFECTIVE PRODUCT AND ANY DAMAGE CAUSED THEREBY. EXCEPT AS EXPRESSLY PROVIDED IN THIS WARRANTY STATEMENT, and the Seller will not be liable for any of the third party’s actions or workSELLER DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE PRODUCTS, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableSELLER DOES NOT WARRANT THAT THE PRODUCTS ARE ERROR-FREE OR WILL ACCOMPLISH ANY PARTICULAR RESULT.
Appears in 1 contract
Warranty. The warranty CP warrants to Buyer, and Buyer only, new equipment manufactured by CP and covered hereby, against defects in material and workmanship while in normal use and service for a period is ninety of twelve (9012) days and commences on the months from date of receipt shipment (the “Warranty Period”). CP warrants to Buyer that it shall perform the Services using personnel of required skill, experience and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services. The foregoing limited warranty (the “Warranty”) applies only to equipment that has been properly installed and maintained and subjected to normal use. It does not cover damages caused by abuse, misuse, unauthorized repair, accident, alteration, modification, electrical brownouts, power surges, loose wires, loose screws, nuts or delivery, exceptthat the warranty period for expendable parts bolts. Also excluded are ordinary service and maintenance items such as bulbs replacement belts, light bulbs, tires, wear liners, limit switch adjustments, hydraulic seals, and fuses the like, required as the result of normal wear and tear. CP makes no warranty with respect to any parts or equipment manufactured by others and sold by CP. These items are subject to the warranties of the manufacturer, and Xxxxx agrees that any warranty claims on these items shall be made by the Buyer directly against the respective manufacturer. CP shall not be made a party to such claims by Xxxxx. This Warranty supersedes any written or oral representations concerning the equipment sold to Buyer that may have been made by CP’s agents or employees, or contained in advertisements. If any model or sample was shown to Buyer, that model or sample was used merely to illustrate the general type and quality of the equipment and not to represent that the equipment would necessarily conform to such model or sample. Xxxxx’s sole remedy for any defect of material or workmanship in the equipment sold by CP is as provided by this Warranty. IN NO EVENT SHALL CP BE LIABLE FOR ANY CLAIM FOR SPECIAL, INCIDENTAL, INDIRECT, FORESEEABLE OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE, LOSS OF USE, BREAK DOWN OR MALFUNCTION OF THE EQUIPMENT, INCLUDING LOST EARNINGS OR PROFITS. CP shall not be obligated to provide any warranty coverage whatsoever for any defect not communicated to CP in writing within the Warranty Period. Delivery of Products by CP to a common carrier for shipment to Buyer shall constitute delivery of the Products to Buyer. Regardless of freight payment, all risk of loss or damage in transit shall pass to Buyer, and all claims for loss or damage during shipment must be made by Buyer directly to the carrier. Buyer shall notify CP, or an authorized distributor of CP in writing within 30 days of discovery, within the Warranty Period, of any alleged defect and permit CP or its designated representatives to conduct such investigation, examination and tests as it deems appropriate. If requested by CP, Xxxxx will return the alleged defective Product to CP factory, freight prepaid for examination and testing. If CP determines the Product is defective, CP will either repair or replace, at the option of CP, such Product with a like item of CP’s manufacture, F.O.B. CP‘s factory. This Warranty excludes labor. The responsibility of CP is limited to thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during the warranty period and repairing or replacing any defective material manufactured by it, provided CP examination discloses to its satisfaction that such material has not been altered or repaired (other than by CP approved procedures), subjected to misuse or improper maintenance. Any repairs to, alterations of, or work performed at done on alleged defective Products without CP specific written authorization shall void CP Warranty applicable thereto. With respect to any warranty claim on the Services, CP shall, in its option. This includes defectssole discretion, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and (i) repair or replacement re-perform the applicable Services or (ii) credit or refund the price of such Equipment will be performed on location or Services at Seller’s facilitiesthe pro rata contract rate. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, at Seller’s optionEXPRESSED OR IMPLIED, with no charge to Buyer for service time expendedINCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Equipment tobe examinedTHERE ARE NO OTHER WARRANTIES, replacedAGREEMENTS OR UNDERSTANDINGS WHICH EXTEND BEYOND THOSE SET FORTH IN THESE TERMS. NO OTHER WARRANTY, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by BuyerORAL OR WRITTEN, IS AUTHORIZED OR HAS BEEN GIVEN BY CP TO BUYER. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for any of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableTHE REMEDIES SET FORTH UNDER THIS HEADING “WARRANTY” SHALL BE BUYER'S SOLE AND EXCLUSIVE REMEDY AND CP'S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTIES SET FORTH HEREIN.
Appears in 1 contract
Samples: Terms and Conditions of Sale
Warranty. The warranty period is ninety (90) days and commences on Seller shall use reasonable endeavors to provide the Services in accordance in all material respects with its quotation. Seller warrants that for 12 months from the date of receipt or delivery, exceptthat the Goods shall comply with the requirements of the Contract. Seller shall not be liable for a breach of the warranty period for expendable parts as to Goods unless: (i) Buyer gives written notice of the defect to Seller, and, if the defect is as a result of damage in transit to the carrier, within 10 days of the time when Xxxxx discovers or ought to have discovered the defect; and (ii) Seller is given a reasonable opportunity after receiving the notice to examine such as bulbs Goods and fuses is limited Buyer (if asked to thirty (30do so by Seller) days. returns such Goods to Seller’s place of business at Buyer’s cost; and (iii) Buyer provides Seller with full details of the alleged defect. Seller further shall not be liable for a breach of the warranty obligation is limited if: (i) Buyer makes any further use of such Goods after giving such notice; or (ii) the defect arises because Buyer failed to providing remedial service during follow Seller’s normal business hoursoral or written instructions as to the storage, installation, commissioning, use or maintenance of Goods or (if there are none) good trade practice; or (iii) Buyer alters or repairs such Goods without the written consent of Seller; or (iv) the defect results from fair wear and days during tear. If Goods/Services do not conform with the warranty period and repairing or replacing any defective material or work performed warranty, Seller shall at its option. This includes defects, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and option repair or replacement replace such Goods (or the defective part) or reperform the Services or refund the price of such Equipment will be performed on location or Goods/Services at Seller’s facilitiesthe pro rata Contract rate provided that, if Seller so requests, Buyer shall, at Seller’s optionexpense, with return the Goods or the part of such Goods which is defective to Seller. In the event that no charge to Buyer defect is found, Xxxxx shall reimburse Seller for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyerreasonable costs incurred in investigating the alleged defect. If examined Equipment is found not to be defective or is for some other reason not within Seller complies with the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined conditions in the Seller’s maintenance literature. In regard to this paragraph2 preceding sentences, the radius Seller shall have no further liability for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for any breach of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any warranty in respect of the third party’s work in the case this Paragraph isapplicablesuch Goods/Services.
Appears in 1 contract
Samples: www.ametekinterconnect.com
Warranty. The warranty period is ninety (90) days Seller expressly warrants that all goods or services furnished under this purchase order shall conform to all specifications and commences appropriate standards, will be new, and will be free from defects in material or workmanship. Seller warrants that all such goods or services will conform to any statements made on the date containers or labels or advertisements for such goods or services, and that any goods will be adequately contained, packaged, marked and labeled. Seller warrants that all goods or services furnished hereunder will be merchantable, and will be safe and appropriate for the purpose for which goods or services of receipt that kind are normally used. If Seller knows or deliveryhas reason to know the particular purpose for which Purchaser intends to use the goods or services, exceptthat Seller warrants that such goods or services will be fit for such particular purpose. Seller warrants that goods or services furnished will conform in all respects to samples. Inspection, test, acceptance or use of the warranty period for expendable parts goods or services furnished hereunder shall not affect the Seller’s obligation under this warranty, and such as bulbs warranties shall survive inspection, test, acceptance and fuses is limited to thirty (30) daysuse. Seller’s warranty obligation is limited shall run to providing remedial service during Seller’s normal business hoursPurchaser, its successors, assigns and customers, and days during users of products sold by Purchaser. Seller agrees to replace or correct defects of any goods or services not conforming to the foregoing warranty period and repairing or replacing any defective material or work performed at its option. This includes defectspromptly, which have been promptly reported by Xxxxx and are so found by Seller upon inspectionwithout expense to Purchaser, during the warranty period. Examination and repair or replacement when notified of such Equipment will be performed on location or at Seller’s facilitiesnonconformity by Purchaser, at Seller’s option, provided Purchaser elects to provide Seller with no charge the opportunity to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literaturedo so. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by event of failure of Seller to perform warrantycorrect defects in or replace nonconforming goods or services promptly, remedialPurchaser, after reasonable notice to Seller, may make such corrections or damage replace such goods and services on the Tiny Home. This third party shall not be considered to be an agent and charge Seller for the Seller, and the Seller will not be liable for any of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work cost incurred by Purchaser in the case this Paragraph isapplicabledoing so.
Appears in 1 contract
Samples: Acceptance – Agreement
Warranty. The warranty Subcontractor warrants that for a period is of ninety (90) days following delivery of the Products (“Product Warranty Period”), the Products will substantially conform to the published documentation provided in Attachment A; Subcontractor assumes no liability of any kind with respect to any interruption of service, impairment of function, or erroneous results in the operation of the Products caused by any date processing of any third-party software or hardware, by failure to supply date, data of the Products in a form compatible with the Products, or by any software, hardware, programming, technology or data supplied by a third party. Subcontractor makes no warranties of any kind with respect to the processing of date data. Subcontractor does not warrant that the Products or any portion thereof are error or bug free, or that NGIT’s use of the Products will be uninterrupted. This limited warranty covers only problems reported to Subcontractor during the Product Warranty Period. NGIT’s sole and commences on the date of receipt or delivery, exceptthat the warranty period for expendable parts such as bulbs and fuses is limited to thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hoursexclusive remedy, and days during Subcontractor’s entire liability for breach of any Product warranty, shall be correction of the warranty period and repairing or replacing any defective material or work performed warranted nonconformity or, if Subcontractor is unable to correct the warranted nonconformity at its Subcontractor’s option, termination of the license with respect to the non-conforming Products. Upon such termination NGIT may receiver the license fees paid by NGIT for use of such non-conforming Products, less depreciation for use assuming straight-line depreciation over a five (5) year useful life. This includes defectsProduct limited warranty shall not be valid if the Products were subjected to abuse, which have been promptly reported by Xxxxx and are so found by Seller upon inspectionmisuse, during the warranty periodaccident, alteration, or unauthorized modification or installation. Examination and repair or replacement of such Equipment Subcontractor warrants that Services will be performed on location or at Sellerin a workmanlike and professional manner consistent with generally accepted industry practices. For any breach of the above services warranty, NGIT’s facilitiesexclusive remedy, at Sellerand Subcontractor’s optionentire liability, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting the re-performance of lubricating such deficient support; and cleaning if Subcontractor fails to re-perform such Services as warranted, NGIT shall be entitled to recover the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard fees paid to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent Subcontractor for the Sellerdeficient portion of such support. NGIT must report any deficiencies in such Services to Subcontractor in writing within ninety (90) days of completion of such support in order to receive the above warranty remedies. EXCEPT FOR THE EXPRESS LIMITED WARRANTIES PROVIDED IN THIS SECTION, and the Seller will not be liable for any of the third party’s actions or workTHE PRODUCTS AND SERVICES ARE PROVIDED “AS IS,” WITHOUT ANY WARRANTY WHATSOEVER. The BuyerSUBCONTRACTOR DISCLAIMS ALL OTHER WARRANTIES, herebyEXPRESS, waives all rightsIMPLIED OR STATUTORY, claimsAS TO ANY MATTER WHATSOEVER, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableINCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE FOREGOING STATES SUBCONTRACTOR’S ENTIRE LIABILITY AND NGIT’S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF WARRANTY.
Appears in 1 contract
Warranty. The Except as provided above, for goods sold by Seller to Buyer(s) that are used by Buyer for personal, family or household purposes, Seller warrants the goods to Buyer on the terms of Seller’s limited warranty available on Seller’s website. For any other purpose, Seller warrants that the goods sold to Buyer hereunder (with the exception of software, membranes, seals, elastomer materials, coatings and other "wear parts” or consumables all of which are not warranted except as otherwise provided in the quotation or sales form) will be (i) built in accordance with the specifications referred to in the quotation or sales form, if such specifications are expressly made a part of the Agreement, and (ii) free from defects in material and workmanship for a period is ninety of one (901) days and commences on year from the date of receipt installation or delivery, exceptthat eighteen (18) months from the warranty period for expendable parts such as bulbs and fuses is limited to date of shipment (which date of shipment will not be greater than thirty (30) daysdays after receipt of notice that the goods are ready to ship), whichever occurs first, unless a longer period is provided by law or is specified in the product documentation (the “Warranty”). Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hoursFor services, and days during the warranty period and repairing will be three (3) months from the date of invoice unless otherwise expressly set forth in the quotation or replacing any defective material sales form or work performed order acknowledgment. Except as otherwise provided by law, Seller will, at its option and at no cost to Buyer, either repair or replace any product which fails to conform with the Warranty; provided, however, that under either option, Seller will not be obligated to remove the defective product or install the replaced or repaired product and Buyer will be responsible for all other costs, including service costs, shipping fees and expenses. This includes defects, which have been promptly reported by Xxxxx Buyer’s failure to comply with Seller’s repair or replacement advice will constitute a waiver of Bu y e r ’ s rights and are so found render all warranties void. Any parts repaired or replaced by Seller upon inspection, during under the Warranty are warranted only for the re m a i n i n g balance of the warranty period. Examination The Warranty is conditioned on Buyer giving written notice to Seller of any defects in material or workmanship of warranted goods within ten (10) days, or shorter period as dictated by the issue, of the date when any defects are first manifest. Seller will have no warranty obligations to Buyer with respect to any product or parts of a product that: (a) have been repaired by third parties other than Seller or without Seller’s written approval; (b) have been subject to misuse, misapplication, neglect, alteration, accident, or physical damage; (c) have been used in a manner contrary to Seller’s instructions for installation, operation and repair maintenance; (d) have been damaged from ordinary wear and tear, corrosion, or replacement chemical attack; (e) have been damaged due to abnormal conditions, vibration, failure to properly prime, or operation without flow; (f) have been damaged due to a defective power supply or improper electrical protection; (g) have been damaged resulting from the use of accessory equipment not sold by Seller or not approved by Seller in connection with products supplied by Seller hereunder; or (h) not sold by Seller or its authorized seller. In any case of products not manufactured by Seller, there is no warranty from Seller; however, Seller will extend to Buyer any warranty received from Seller’s supplier of such Equipment will be performed on location or at Seller’s facilitiesproducts. THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, at Seller’s optionGUARANTEES, with no charge to Buyer for service time expendedCONDITIONS OR TERMS OF WHATEVER NATURE RELATING TO THE GOODS PROVIDED HEREUNDER, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED. Equipment tobe examinedEXCEPT AS OTHERWISE PROVIDED BY LAW, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for any of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableBUYER’S EXCLUSIVE REMEDY AND SELLER’S AGGREGATE LIABILITY FOR BREACH OF ANY OF THE FOREGOING WARRANTIES ARE LIMITED TO REPAIRING OR REPLACING THE PRODUCT AND WILL IN ALL CASES BE LIMITED TO THE AMOUNT PAID BY THE BUYER HEREUNDER.
Appears in 1 contract
Samples: www.xylem.com
Warranty. The Seller warrants that the Products will operate or perform substantially in conformance with Seller's published specifications and be free from defects in material and workmanship, when subjected to normal, proper and intended usage by properly trained personnel, for the period of time set forth in the product documentation, published specifications or package inserts. If a period of time is not specified in Seller’s product documentation, published specifications or package inserts, the warranty period is shall be one (1) year from the date of shipment to Buyer for equipment and ninety (90) days and commences on for all other products (the date of receipt or delivery, exceptthat the warranty period for expendable parts such as bulbs and fuses is limited to thirty (30) days"Warranty Period"). Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days Seller agrees during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defectsWarranty Period, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and to repair or replacement of such Equipment will be performed on location or at Seller’s facilitiesreplace, at Seller’s 's option, defective Products so as to cause the same to operate in substantial conformance with no charge to said published specifications; provided that Buyer for service time expended. Equipment tobe examinedshall (a) promptly notify Seller in writing upon the discovery of any defect, replaced, or repaired at which notice shall include the product model and serial number (if applicable) and details of the warranty claim; and (b) after Seller’s facilities must be returned review, Seller will provide Buyer with service data and/or a Return Material Authorization (“RMA”), which may include biohazard decontamination procedures and other product-specific handling instructions, then, if applicable, Buyer may return the defective Products to Seller by Buyer within the warranty period with transportation charges all costs prepaid by Buyer. If examined Equipment is found not Replacement parts may be new or refurbished, at the election of Seller. All replaced parts shall become the property of Seller. Shipment to be defective Buyer of repaired or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer replacement Products shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all made in accordance with procedures outlined in the Delivery provisions of the Seller’s maintenance literatureTerms and Conditions of Sale. In regard Consumables are expressly excluded from this warranty. If Seller elects to this paragraphrepair defective medical device instruments, Seller may, in its sole discretion, provide a replacement loaner instrument to Buyer as necessary for use while the radius for repair will be fivehundred (500) miles maximum instruments are being repaired. Notwithstanding the foregoing, Products supplied by Seller that are obtained by Seller from an original manufacturer or third party supplier are not warranted by Seller, but Seller agrees to assign to Buyer any warranty rights in such Product that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses have from the original manufacturer or allow a third-third party contractor, carrying its own insurancesupplier, to be elected the extent such assignment is allowed by such original manufacturer or third party supplier. In no event shall Seller have any obligation to perform make repairs, replacements or corrections required, in whole or in part, as the result of (i) normal wear and tear, (ii) accident, disaster or event of force majeure, (iii) misuse, fault or negligence of or by Buyer, (iv) use of the Products in a manner for which they were not designed, (v) causes external to the Products such as, but not limited to, power failure or electrical power surges, (vi) improper storage and handling of the Products or (vii) use of the Products in combination with equipment or software not supplied by Seller. If Seller determines that Products for which Buyer has requested warranty services are not covered by the warranty hereunder, Buyer shall pay or reimburse Seller for all costs of investigating and responding to such request at Seller's then prevailing time and materials rates. If Seller provides repair services or replacement parts that are not covered by this warranty, remedialBuyer shall pay Seller therefor at Seller's then prevailing time and materials rates. ANY INSTALLATION, or damage services on the Tiny HomeMAINTENANCE, REPAIR, SERVICE, RELOCATION OR ALTERATION TO OR OF, OR OTHER TAMPERING WITH, THE PRODUCTS PERFORMED BY ANY PERSON OR ENTITY OTHER THAN SELLER WITHOUT SELLER'S PRIOR WRITTEN APPROVAL, OR ANY USE OF REPLACEMENT PARTS NOT SUPPLIED BY SELLER, SHALL IMMEDIATELY VOID AND CANCEL ALL WARRANTIES WITH RESPECT TO THE AFFECTED PRODUCTS. This third party shall not be considered to be an agent for the SellerTHE OBLIGATIONS CREATED BY THIS WARRANTY TO REPAIR OR REPLACE A DEFECTIVE PRODUCT SHALL BE THE SOLE REMEDY OF BUYER IN THE EVENT OF A DEFECTIVE PRODUCT. EXCEPT AS PROVIDED HEREIN, and the Seller will not be liable for any of the third party’s actions or workSELLER DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE PRODUCTS, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableSELLER DOES NOT WARRANT THAT THE PRODUCTS ARE ERROR- FREE OR WILL ACCOMPLISH ANY PARTICULAR RESULT.
Appears in 1 contract
Samples: www.labequipmentparts.com
Warranty. Seller warrants that the Products shall be of good and workmanlike quality and new, and shall be in full conformity with the Buyer’s Specifications and free from defects and deficiencies in materials and workmanship. The warranty foregoing warranties shall survive the termination or expiration of this Agreement, except as provided below, and shall remain in full force and effect for a period is ninety of twenty-four (9024) days and commences on months after the date applicable Product has been accepted (or deemed accepted) by Buyer (the “Warranty Period”); provided, however, that (i) upon a termination of receipt or delivery, exceptthat the warranty period for expendable parts such as bulbs and fuses is limited this Agreement pursuant to thirty (30Section 19.5(a) days. Seller’s warranty obligation is limited obligations shall not survive such termination of this Agreement, and (ii) upon a termination of this Agreement pursuant to providing remedial service during Section 19.5(b), Seller’s normal business hourswarranty obligations with respect to any Products for which Seller has not received payment from Buyer prior to such termination or expiration shall not survive such termination of this Agreement; provided, and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and repair or replacement of such Equipment will be performed on location or at Seller’s facilities, at Seller’s optionfurther, with no charge respect to Buyer for service time expended. Equipment tobe examinedany Product which has been repaired, replaced, or otherwise corrected during the preceding period, such repaired part of the Product shall be automatically re-warranted by Seller for the balance of the Warranty Period; provided, that, in no case shall the warranty for such repaired portion of the Product be less than 12 months. Seller will offer Buyer an optional extended warranty to a total of thirty-six (36) months and this cost will be as quoted by Seller. Seller will have a reasonable opportunity to inspect any Product not meeting the foregoing warranties claimed by Buyer, and such defective Product shall (i) if Seller determines that such defective Product can be repaired at the site where the Product is parked or stored when not in service (the “Bus Lot”), be repaired at the Bus Lot, (ii) if Seller determines that such defective Product cannot be repaired at the Bus Lot, be removed from the Bus Lot and repaired at a location determined by Seller at Seller’s facilities must cost or (iii) if Seller determines that such defective Product cannot be returned repaired at the Bus Lot, be replaced, in each case, by Seller at its sole cost and expense, including any shipping costs and expenses associated with shipping the defective Product from the Bus Lot and returning it back to Seller by Buyer within the warranty period with transportation charges prepaid by BuyerBus Lot. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Upon Seller’s reasonable service time expended on receipt of a notice of a defective Product from Buyer, Seller shall acknowledge receipt of such notice within three (3) business days of its receipt thereof, provide an investigation and off location will be charged mobilization plan within five (5) business days of its receipt thereof and mobilize its personnel to and paid by the buyerapplicable Bus Lot to perform its obligations under this Section 9 as soon as reasonably practicable thereafter. The buyer For the avoidance of doubt, Seller shall be responsible for all maintenance services consisting costs associated with any such repair or replacement, including, but not limited to, transportation and access to the defective Product; provided that the Parties will use commercially reasonable efforts to mitigate the costs of lubricating and cleaning the Equipmentdisassembly, replacing expendable partsreassembly, making minor adjustmentstransport, crane hire, and performing operating checksother activities required in connection with repairing and replacing defective Product and to avoid such costs, all in accordance with procedures outlined in the if possible. Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services obligations under this contract. Furthermore, Xxxxx agrees Section 9 do not apply to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, defect to the extent proven to be elected primarily caused by Seller to perform warranty(i) normal and ordinary wear and tear and/or erosion or corrosion in a Product (not caused by Seller’s manufacture of the Product); (ii) a Force Majeure Event; or (iii) any negligence, remedialaccident, or damage services on abuse of a Product not attributable to Seller or (iv) the Tiny Homeimproper storage, installation, use, operation, or maintenance of a Product. This third party shall not be considered to be an agent for the SellerEXCEPT FOR THE EXPRESS WARRANTIBS AND REPRESENTATIONS SET FORTH IN THIS SECTION 9 OR ELSEWHERE AGREED TO AND SIGNED IN WRITING BY SELLER, and the Seller will not be liable for any of the third party’s actions or workSELLER DOES NOT MAKE ANY OTHER EXPRESS WARRANTIES, OR ANY IMPLIED WARRANTIES OR REPRESENTATIONS, OF ANY KIND IN RESPECT OF A PRODUCT OR ANY WORK PERFORMED BY SELLER HEREUNDER, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR PURPOSE. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableTHE REMEDIES PROVIDED FOR IN THIS IN THIS AGREEMENT WITH RESPECT TO A PRODUCT OR ANY WORK WHICH FAILS TO SATISFY SELLER’S WARRANTIES DURING THE WARRANTY PERIOD SHALL BB THE SOLE AND EXCLUSIVE REMEDIES FOR BUYER AS A RESULT OF SUCH FAILURE.
Appears in 1 contract
Samples: Product Supply Agreement (ArcLight Clean Transition Corp.)
Warranty. The Landlord expressly warrants to Tenant, which warranty shall run for the twelve (12)-month period is ninety (90) days from and commences on after the date of receipt or deliverySubstantial Completion, exceptthat that the warranty period for expendable parts such as bulbs and fuses is limited to thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defects, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and repair or replacement of such Equipment Initial Improvements will be performed on location or at Seller’s facilitiesconstructed in a good and workmanlike manner, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all substantially in accordance with procedures outlined all applicable laws, rules, codes, ordinances and regulations and the Final Plans, that all materials incorporated therein will be of good quality and new unless otherwise required or permitted by the Final Plans, and will be free of material defects (“Landlord’s Warranty”). The Landlord’s Warranty includes labor and materials. If within twelve (12) months after the date of Substantial Completion of the initial Improvements any of the construction performed by Landlord is found to be not in accordance with the standards in the SellerConstruction Addendum, Landlord shall correct such defects, and any other damaged materials or finishes that are part of the Initial Improvements, promptly after receipt of written notice from Tenant. Tenant shall give notice promptly after discovery of the condition. Landlord’s maintenance literature. In regard Warranty as set forth above is expressly intended to this paragraphsurvive Substantial Completion and completion of the construction of the Initial Improvements, acceptance and/or occupancy of the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected Premises by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the SellerTenant, and the Seller will not be liable payment of Monthly Rent or other amounts payable under this Lease by Tenant, for any the full twelve (12)-month period herein set forth. Landlord shall assign to Tenant or make Tenant a co-beneficiary of all warranties (including without limitation statutory and implied warranties, rights and remedies) that are assignable and applicable to those portions of the third partyInitial Improvements (including equipment and systems) that Tenant is obligated to maintain or repair under this Lease; and, to the extent such warranties are not assignable or otherwise enforceable by Tenant, Landlord shall use reasonable efforts to enforce such warranties on behalf of Tenant, if and as applicable; provided, however, that such assignment shall not impair or affect Landlord’s actions Warranty or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableother obligations hereunder.
Appears in 1 contract
Warranty. The warranty New Products supplied by Kidde under any purchase order, not otherwise warranted per a separate agreement, are warranted to be, at the time of delivery, and for a period is ninety of twelve (9012) months thereafter, free from defects in material and workmanship, provided that Buyers gives notice to Kidde of any such defect within sixty (60) days and commences on of discovering the date defect. If no later than twelve (12) months after delivery of receipt or deliverythe Product, exceptthat the warranty period for expendable parts such as bulbs and fuses any delivered Product is limited found to thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during the warranty period and repairing or replacing any be defective in material or work performed workmanship, Kidde shall, at its option, repair, replace or extend credit for such defective Product at its expense and with reasonable promptness provided Kidde confirms existence of said defect. This includes defectsSaid notice will contain reasonable proof that the claimed defect is covered by Kidde’s warranty and is subject to confirmation and verification by Kidde. In the event Kidde replaces or extends credit for a defective part, the Buyer shall dispose of the defective part in accordance with Kidde’s instructions. The Warranty applicable to Products repaired or overhauled is twelve (12) months, covering Material and Workmanship on the extent of work performed. Products purchased as Ground Support Equipment (GSE), which have been promptly reported specifically includes, but is not limited to, test equipment, tooling, and Halon recycling equipment, will only be covered by Xxxxx and are so found by Seller upon inspection, during the warranty periodprovided by the original GSE manufacturer, if not manufactured by Kidde or as provided for herein if manufactured by Kidde. Examination and repair or replacement of such Equipment will be performed on location or at Seller’s facilitiesGSE delivered under this order will, at Seller’s optionthe time of delivery thereof, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyerfree from defects in material and workmanship. If examined Equipment within twelve (12) months from the time of delivery of the GSE to Buyer, such GSE is found not to be defective in material or workmanship, Kidde at its option shall repair or replace such defective GSE or part thereof, at its expense and with reasonable promptness. Buyer shall provide Kidde with written notice of a claimed defect within sixty (60) days after the defect becomes apparent to Buyer. Said notice will contain reasonable proof that the claimed defect is for some other reason not within the covered by Kidde’s warranty coverage, Seller’s reasonable service time expended on and off location will be charged is subject to confirmation and paid verification by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for any of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableKidde.
Appears in 1 contract
Samples: www.goodrich.com
Warranty. The warranty 9.1 TOWER hereby warrants to CUSTOMER that Production Wafers supplied hereunder shall be free from defects in material and workmanship, other than normal manufacturing yield loss, and shall conform in all material respects to the specifications set forth in Appendix II ________________________________________________________________________________ * An asterisk indicates confidential material has been omitted from this document filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. and shall have been manufactured pursuant to the Manufacturing Process qualified under Appendix I, for a period is ninety (90) days and commences on of * from the date of receipt acceptance by CUSTOMER (the "Warranty Period"). The foregoing warranty does not apply to (a) any Product which has been subject to misuse, neglect, accident, or deliverymodification or which has been altered and therefore are not capable of being tested by Tower under its normal test conditions, exceptthat the warranty period for expendable parts such as bulbs and fuses is limited (b) non-conformities which result from CUSTOMER's design or process or which result from testing procedures not previously agreed in writing by TOWER, or (c) any Products that are intended to thirty (30) daysbe prototypes, risk production or engineering products. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hoursTOWER's sole obligation, and days during CUSTOMER's sole remedy hereunder for Products failing to meet the aforesaid warranty period and repairing shall be, at TOWER's discretion, to replace the nonconforming Products or replacing any defective material or work performed at its option. This includes defectsissue CUSTOMER a credit for the purchase price of the nonconforming Products, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during where within the warranty period. Examination and repair or replacement : 1) TOWER has received written notice of such Equipment will be performed on location or at Seller’s facilitiesany nonconformity; 2) after TOWER's written authorization to do so (represented by an RMA, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party which shall not be considered unreasonably withheld) CUSTOMER has returned the nonconforming Products to TOWER, freight prepaid; and 3) TOWER determines that the Products are nonconforming. Any replacement Products shall be an agent subject to the foregoing warranty for only the Seller, and the Seller will not be liable for any unexpired term of the third party’s actions or workwarranty with respect to the original nonconforming Products and shall be delivered to CUSTOMER, freight pre-paid by TOWER. The BuyerTOWER warrants that Products sold hereunder shall at the time of delivery be free and clear of liens and encumbrances. THIS WARRANTY EXTENDS TO CUSTOMER AND ITS AFFILIATES ONLY AND TOWER SHALL HAVE NO OBLIGATION TO ACCEPT WARRANTY RETURNS DIRECTLY FROM CUSTOMER'S CUSTOMERS OR ANY OTHER USERS OF CUSTOMER'S PRODUCTS NOR WILL IT BEAR ANY OBLIGATION OR LIABILITY TO SUCH CUSTOMER'S CUSTOMERS WHATSOEVER. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES WHETHER EXPRESS, herebyIMPLIED OR STATUTORY INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. IN NO EVENT SHALL TOWER BE LIABLE FOR ANY INDIRECT, waives all rightsINCIDENTAL, claimsPUNITIVE OR CONSEQUENTIAL DAMAGES DUE TO BREACH OF THIS WARRANTY OR ANY OTHER LIABILITY ARISING UNDER THIS AGREEMENT EVEN IF TOWER HAS BEEN ADVISED OF THE POSSIBILITY OF SAME. TOWER'S TOTAL LIABILITY FOR ALL CLAIMS ARISING UNDER THIS SECTION 9.1, REGARDLESS OF THE LEGAL THEORY FOR SAME, SHALL BE LIMITED TO THE TOTAL AMOUNTS ACTUALLY PAID TO TOWER BY CUSTOMER FOR PRODUCTS PURCHASED HEREUNDER DURING THE ________________________________________________________________________________ * An asterisk indicates confidential material has been omitted from this document filed separately with the Securities and actions against the Seller for any Exchange Commission pursuant to Rule 24b-2 of the third party’s work in the case this Paragraph isapplicableSecurities Exchange Act of 1934, as amended. PRECEDING *, AND CUSTOMER SHALL INDEMNIFY AND HOLD TOWER HARMLESS FROM ANY ADDITIONAL WARRANTY CLAIMS REGARDLESS OF WHETHER SUCH WERE PUT FORTH BY CUSTOMER OR CUSTOMER'S CUSTOMER, OR OTHERWISE BY ANY THIRD PARTY. *.
Appears in 1 contract
Warranty. The Seller warrants that the Products will operate or perform substantially in conformance with Seller's published specifications and be free from defects in material and workmanship, when subjected to normal, proper and intended usage by properly trained personnel, for the period of time set forth in the product documentation, published specifications or package inserts. If a period of time is not specified in Seller's product documentation, published specifications or package inserts, the warranty period is shall be one (1) year from the date of shipment to Buyer for equipment and ninety (90) days and commences on for all other products (the date of receipt or delivery, exceptthat the warranty period for expendable parts such as bulbs and fuses is limited to thirty (30) days"Warranty Period"). Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days Seller agrees during the warranty period and repairing or replacing any defective material or work performed at its option. This includes defectsWarranty Period, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and to repair or replacement of such Equipment will be performed on location or at Seller’s facilitiesreplace, at Seller’s 's option, defective Products so as to cause the same to operate in substantial conformance with no charge to said published specifications; provided that Buyer for shall (a) promptly notify Seller in writing upon the discovery of any defect, which notice shall include the product model and serial number (if applicable) and details of the warranty claim; and (b) after Seller's review, Seller will provide Buyer with service time expended. Equipment tobe examineddata and/or a Return Material Authorization ("RMA"), replacedwhich may include biohazard decontamination procedures and other product-specific handling instructions, or repaired at Seller’s facilities must be returned then, if applicable, Buyer may return the defective Products to Seller by Buyer within the warranty period with transportation charges all costs prepaid by Buyer. If examined Equipment is found not Replacement parts may be new or refurbished, at the election of Seller. All replaced parts shall become the property of Seller. Shipment to be defective Buyer of repaired or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer replacement Products shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all made in accordance with procedures outlined in the Delivery provisions of the Seller’s maintenance literature's Terms and Conditions of Sale. In regard Consumables are expressly excluded from this warranty. Notwithstanding the foregoing, Products supplied by Seller that are obtained by Seller from an original manufacturer or third party supplier are not warranted by Seller, but Seller agrees to this paragraph, the radius for repair will be fivehundred (500) miles maximum assign to Buyer any warranty rights in such Product that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses have from the original manufacturer or allow a third-third party contractor, carrying its own insurancesupplier, to be elected the extent such assignment is allowed by such original manufacturer or third party supplier. In no event shall Seller have any obligation to perform make repairs, replacements or corrections required, in whole or in part, as the result of (i) normal wear and tear, (ii) accident, disaster or event of force majeure, (iii) misuse, fault or negligence of or by Buyer, (iv) use of the Products in a manner for which they were not designed, (v) causes external to the Products such as, but not limited to, power failure or electrical power surges, (vi) improper storage and handling of the Products or (vii) use of the Products in combination with equipment or software not supplied by Seller. If Seller determines that Products for which Buyer has requested warranty services are not covered by the warranty hereunder, Buyer shall pay or reimburse Seller for all costs of investigating and responding to such request at Seller's then prevailing time and materials rates. If Seller provides repair services or replacement parts that are not covered by this warranty, remedialBuyer shall pay Seller therefor at Seller's then prevailing time and materials rates. ANY INSTALLATION, or damage services on the Tiny HomeMAINTENANCE, REPAIR, SERVICE, RELOCATION OR ALTERATION TO OR OF, OR OTHER TAMPERING WITH, THE PRODUCTS PERFORMED BY ANY PERSON OR ENTITY OTHER THAN SELLER WITHOUT SELLER'S PRIOR WRITTEN APPROVAL, OR ANY USE OF REPLACEMENT PARTS NOT SUPPLIED BY SELLER, SHALL IMMEDIATELY VOID AND CANCEL ALL WARRANTIES WITH RESPECT TO THE AFFECTED PRODUCTS. This third party shall not be considered to be an agent for the SellerTHE OBLIGATIONS CREATED BY THIS WARRANTY STATEMENT TO REPAIR OR REPLACE A DEFECTIVE PRODUCT SHALL BE THE SOLE REMEDY OF BUYER IN THE EVENT OF A DEFECTIVE PRODUCT. EXCEPT AS EXPRESSLY PROVIDED IN THIS WARRANTY STATEMENT, and the Seller will not be liable for any of the third party’s actions or workSELLER DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE PRODUCTS, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableSELLER DOES NOT WARRANT THAT THE PRODUCTS ARE ERROR-FREE OR WILL ACCOMPLISH ANY PARTICULAR RESULT.
Appears in 1 contract
Samples: Terms and Conditions of Sale
Warranty. The warranty period is ninety Seller warrants that goods and services furnished hereunder will conform to the requirements of this order (90) days including all descriptions, specifications and commences on the date drawings made a part of receipt or delivery, exceptthat the warranty period for expendable parts such as bulbs and fuses is limited to thirty (30) days. Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hoursthis order), and days during the warranty such goods will by merchantable, fit for their intended purposes, free from all defects in materials and workmanship. Buyer’s approval of designs or specifications furnished by seller shall not relieve seller of its obligations under this warranty. Seller shall honor all warranties for a period and repairing or replacing any defective material or work performed of five (5) years after delivery of goods to Buyer. In addition to Buyer’s other remedies, Buyer may, at its option. This includes defectsseller’s expense, which have been promptly reported by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and repair require prompt correction or replacement of such Equipment will be performed on location or at any goods and services failing to meet Seller’s facilitieswarranties herein. Goods and services corrected or replaced by Seller shall by subject to all of the provisions of this order in a manner and to the extent as goods and services originally furnished hereunder. Upon receipt of a defective item for correction, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replacedrepair, or repaired at Seller’s facilities must be returned maintenance under this warranty, seller shall perform any required work within sixty (60 days) from the receipt of such defective item and the authority to proceed from buyer or such other time as set forth in this order. Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined further warrants that it shall not furnish “Counterfeit Goods” under this contract, defined as Products or separately-identifiable items or components of Products that: (i) are an unauthorized copy or substitute of an Original Equipment is found Manufacturer or Original Component Manufacturer (collectively, “OEM”) item; (ii) are not traceable to be defective an OEM sufficient to ensure authenticity in OEM design and manufacture; (iii) do not contain proper external or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid internal materials or components required by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all OEM or are not constructed in accordance with procedures outlined in the Seller’s maintenance literatureOEM design; (iv) have been re-worked, re-marked, re-labeled, repaired, refurbished, or otherwise modified from OEM design but are represented as OEM authentic or as new; or (v) have not passed successfully all OEM required testing, verification, screening, and quality control processes. In regard Counterfeit Goods shall be deemed non-conforming to this paragraph, contract and shall be subject to the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable for any of the third party’s actions or work. The Buyer, hereby, waives all rights, claims, and actions against the Seller for any of the third party’s work remedies set forth in the case this Paragraph isapplicableSection 12.2.
Appears in 1 contract
Samples: Basic Purchase Agreement
Warranty. The warranty period is ninety (90) days and commences on the date of receipt or delivery, exceptthat 5.1 GSI warrants during the warranty period set forth under Article 5.2 below that the OEM Balloon Dissectors delivered to Ethicon under this Agreement shall be manufactured in accordance with the mutually agreed-upon specifications, and that the OEM Balloon Dissectors so delivered shall be free from material defects in design, construction, materials and workmanship (except for expendable parts such as bulbs components and fuses is limited to design supplied solely by Ethicon). Ethicon may inspect the OEM Balloon Dissectors within thirty (30) daysdays of receipt of a shipment, on a sample basis, to determine conformity with such specifications. Seller’s warranty obligation is limited If this inspection shows a failure to providing remedial service during Seller’s normal business hoursmeet CONFIDENTIAL TREATMENT REQUESTED such specifications, then Ethicon may return the entire lot in question to GSI for a full credit, including credit for freight and insurance costs incurred by Ethicon, with a written reasonably detailed description of the reasons for rejection. Prior to issuing credit, GSI shall have thirty (30) days to modify or correct the OEM Balloon Dissectors to conform to such specification. Notwithstanding failure of Ethicon to inspect or return any shipment, or its acceptance of any shipment, Ethicon shall be entitled during the warranty period to return to GSI for exchange or full credit at Ethicon's original cost, including incurred freight and repairing insurance costs, OEM Balloon Dissectors returned by a customer of Ethicon for material defects in design, construction, materials or replacing any defective material workmanship or work performed at its optionfailure to meet mutually agreed upon specifications, except for components provided by Ethicon. This includes defects, which have been promptly reported Any inspection by Xxxxx and are so found by Seller upon inspection, during the warranty period. Examination and repair or replacement of such Equipment will be performed on location or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned to Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party Ethicon shall not be considered relieve GSI of its obligation to be an agent for manufacture OEM Balloon Dissectors which meet the SellerSpecifications and comply with good manufacturing practices. EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN THIS ARTICLE 5.1, and the Seller will not be liable for any of the third party’s actions or work. The BuyerGSI GRANTS NO WARRANTIES FOR THE OEM BALLOON DISSECTORS, herebyEXPRESS OR IMPLIED, waives all rightsEITHER IN FACT OR BY OPERATION OF LAW, claimsBY STATUTE OR OTHERWISE, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableAND GSI SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OF QUALITY, WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
Appears in 1 contract
Samples: Oem Supply Agreement (General Surgical Innovations Inc)
Warranty. The warranty period is ninety (90) days Seller expressly warrants that all goods or services furnished under this agreement shall conform to all specifications and commences on the appropriate standards, will be new, and will be free from defects in material or workmanship for 18 months from date of receipt or deliveryshipment. In the event returns with the same manufacturing defect exceed 5% of product shipped in one calendar year, exceptthat this will be considered an epidemic failure and the warranty period for expendable parts this defect will not be time limited. Seller warrants that all such goods or services will conform to any statements made for such goods or services, and that any products will be adequately contained, packaged, marked, and labeled as bulbs agreed to by Purchaser and fuses is Seller through quotations and specifications. Services are to include but not be limited to thirty (30) daysthe management of material and process through the entire production cycle. If Seller knows or has reason to know the particular purpose for which Purchaser intends to use the goods or services, Seller warrants that such goods or services will be fit for such particular purpose. Seller warrants that goods or services furnished will conform in all respects to samples and specifications provided by Purchaser, and that Seller shall not modify the specifications of the goods with respect to form fit or function without written authorization from Purchaser. Inspection, test, acceptance or use of the goods or services furnished hereunder shall not affect the Seller’s obligation under this warranty, and such warranties shall survive inspection, test, acceptance and use. Seller’s warranty obligation is limited Warranty shall run to providing remedial service during Seller’s normal business hoursPurchaser, its successors, Assigns and customers, and days during users of products sold by Purchaser. Seller agrees to replace or correct defects of any goods or services not conforming to the foregoing warranty period and repairing or replacing any defective material or work performed at its option. This includes defectspromptly, which have been promptly reported by Xxxxx and are so found by Seller upon inspectionwithout expense to Purchaser, during the warranty period. Examination and repair or replacement when notified of such Equipment will be performed on location nonconformity by Purchaser, provided Purchaser elects to provide Seller with the opportunity to do so. In the event of failure of Seller to correct defects in or at Seller’s facilities, at Seller’s option, with no charge to Buyer for service time expended. Equipment tobe examined, replacedreplace nonconforming goods or services promptly, or repaired at Seller’s facilities must be returned to Purchaser and Seller by Buyer within the warranty period with transportation charges prepaid by Buyer. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum agree that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not perform repairs, Purchaser, after reasonable notice to Seller, may make such corrections or replace such goods and services and charge Seller for the cost incurred by Purchaser in doing so. Price Warranty. Seller warrants that the prices for the articles sold Purchaser hereunder are not less favorable than those currently extended to any other customer for the same or similar articles in similar quantities. In the event Seller reduces its price for such article during the term of this order, Seller agrees to reduce the prices hereof correspondingly. Seller warrants that prices shown on this purchase order shall be liable for any of the third party’s actions or work. The Buyer, hereby, waives all rights, claimscomplete as per Sellers quotation, and actions against the Seller for no additional charges of any of the third partytype shall be added without Purchaser’s work in the case this Paragraph isapplicableexpress written consent. Such additional charges include, but are not limited to, shipping, packaging, labeling, custom duties, taxes, storage, insurance, boxing, crating.
Appears in 1 contract
Samples: www.cellwatch.com
Warranty. The Subject to the limitations set forth in this Section, Seller warrants that each Product will: (i) be free from all defects, whether patent or latent, in materials, design and workmanship; (ii) be suitable for the purposes intended, whether expressed or reasonably implied, and be repairable to the extent set forth in and in accordance with the Instructions of Continued Airworthiness (ICA) instructions; and (iii) be free and clear of all liens, charges and encumbrances of any kind whatsoever resulting from Seller's sale, manufacture, or delivery thereof. To the extent any Product or part thereof is covered by any warranty period is ninety (90) days made by the manufacturer or supplier thereof, Seller hereby assigns to Buyer all of Seller's right, title, and commences on interest to such warranty. In the date event that Buyer discovers any breach of receipt or delivery, exceptthat the warranty period set forth above with respect to any Product within three (3) years after shipment of Product by Seller, Buyer shall notify Seller of such breach. At such time, Seller, at Seller's expense (including round-trip transportation), shall have the option to repair, replace, or pay Buyer for expendable parts repair or replacement of all or the necessary portion of not only the defective Product, but also the immediate higher assembly equipment, including any other subcomponents of such immediate higher assembly that has been returned to Seller and can be sufficiently proven to have suffered damage as bulbs and fuses is limited to a direct result of the defective Product. Such repairs/replacements shall be performed within thirty (30) daysdays of Buyer's notice to Seller, or, if thirty (30) days is not reasonably possible, as soon thereafter as is reasonably possible. In the event that Buyer, upon explicit agreement with Seller’s warranty obligation is limited to providing remedial service during Seller’s normal business hours, and days during the warranty period and repairing repairs or replacing replaces any defective material Product or work performed any item damaged as a direct result of the defective Product, then Seller shall reimburse Buyer all costs and expenses incurred by Buyer in connection with the repairs/replacements (including, without limitation round-trip transportation at its option. This includes defectsBuyer’s cost, which have been promptly reported labor and parts at Buyer’s cost) as substantiated by Xxxxx and are so found by Seller upon inspectionBuyer to Seller, during the warranty period. Examination and repair or replacement of such Equipment will be performed on location or at Seller’s facilities, at Seller’s option, with no charge to as long as Buyer for service time expended. Equipment tobe examined, replaced, or repaired at Seller’s facilities must be returned provides to Seller proof of the itemized costs incurred by Buyer within the warranty period with transportation charges prepaid by Buyerthirty (30) days that said cost or expense was incurred. If examined Equipment is found not to be defective or is for some other reason not within the warranty coverage, Seller’s reasonable service time expended on and off location will be charged to and paid by the buyer. The buyer shall be responsible for all maintenance services consisting of lubricating and cleaning the Equipment, replacing expendable parts, making minor adjustments, and performing operating checks, all in accordance with procedures outlined in the Seller’s maintenance literature. In regard to this paragraph, the radius for repair will be fivehundred (500) miles maximum that Seller may electto travel to perform services under this contract. Furthermore, Xxxxx agrees to allow and provide reasonable travel expenses or allow a third-party contractor, carrying its own insurance, to be elected by Seller to perform warranty, remedial, or damage services on the Tiny Home. This third party shall not be considered to be an agent for the Seller, and the Seller will not be liable under this warranty for any defect resulting from a Product having been exposed to or subjected to: (i) any alteration, modification, maintenance, repair, installation, handling, transportation, storage, operation or use that is improper or otherwise not in compliance with Seller’s or FAA or Instructions of the third party’s actions Continued Airworthiness (ICA) instructions, unless caused by Seller; or work. The (ii) any accident, contamination, foreign object damage, abuse, neglect or negligence after delivery to Buyer, herebyunless caused by Seller; or (iii) any damage caused by any part not supplied by Seller. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OF SELLER TO CUSTOMER WITH RESPECT TO THE PRODUCTS PROVIDED TO CUSTOMER, waives all rightsWHETHER WRITTEN, claimsORAL, and actions against the Seller for any of the third party’s work in the case this Paragraph isapplicableEXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY, WHICH IS HEREBY EXPRESSLY DISCLAIMED. NO EXTENSION OF THIS WARRANTY SHALL BE BINDING UPON SELLER UNLESS SET FORTH IN WRITING AND SIGNED BY SELLER’S PRESIDENT. IN NO EVENT WILL SELLER BE LIABLE OR HAVE ANY OBLIGATION FOR LOSS OF USE, REVENUE, OR PROFIT FOR: (i) ANY OTHER SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE, WHETHER ANY CLAIM FOR SUCH RECOVERY IS BASED UPON THEORIES OF CONTRACT, NEGLIGENCE, TORT (INCLUDING STRICT LIABILITY), OR OTHERWISE, AND EVEN IF SELLER HAS KNOWLEDGE OF THE POSSIBILITY OF THE POTENTIAL LOSS OR DAMAGE; OR (ii) CLAIMS, DEMANDS, OR SUITS AGAINST BUYER BY ANY PERSON OR ENTITY.
Appears in 1 contract
Samples: www.jetpartsengineering.com