Com21 Cable Modem definition
Examples of Com21 Cable Modem in a sentence
Excess Product Failure" shall mean more than one percent (1%), but less than three percent (3%), of the units of the Com21 Cable Modem delivered to Philips during any rolling twelve (12) month period, or any other representative period, fail to comply with the above warranty.
In the case of a Catastrophic Product Failure, Com21's obligations shall be, as soon as practicable, to propose a corrective action plan to fix the failure of any affected unit of Com21 Cable Modem and to implement this action plan upon Philips' acceptance thereof.
The parties agree to make commercially reasonable efforts to complete the repair or replacement of all of the affected units of Com21 Cable Modem within a reasonable time after written notice of Catastrophic Product Failure by Philips to Com21.
Com21 will use commercially reasonable efforts to repair or replace defective units of the Com21 Cable Modem and Com21 Headend, whether such repair or replacement is in-warranty or out-of-warranty, and ship the repaired or replaced Com21 Product to Philips within ten (10) business days, but in no event more than fifteen (15) business days, after Com21's receipt of the defective Com21 Product.
Such Com21 Products shall be of commercial grade, except that Philips may elect to accept (a) a late beta version of the Com21 Software, provided that modifications of such beta version of the Com21 Software prior to commercial availability will be limited to updates and (b) beta versions of the Com21 Cable Modem and the Com21 Headend, provided that Com21 will exchange each such beta version for a commercial grade version when it becomes available.
If the action plan is not acceptable to Philips, Philips can require Com21 to repair or replace, at Com21's option, the affected units of Com21 Cable Modem.
The repair or replacement shall be done at mutually agreed-upon location(s); provided, however, that costs of repair or replacement together with the shipping, transportation and other costs of gathering and redisseminating such units of the Com21 Cable Modem shall be borne by Com21.
Com21 shall use its commercially reasonable efforts to ensure that not greater than one percent (1%) of the units of the Com21 Cable Modem delivered to Philips during any consecutive rolling twelve (12) month period fail to comply with the above warranty.
Philips may obtain an extended warranty for the Com21 Cable Modem and Com21 Headend in accordance with the terms and conditions set forth in Exhibit F (Com21 Products Extended Warranty).