Replacement Product. In order to avoid or limit any liability for infringement, the Company may, at any time and irrespective of whether it will be obligated to do so by order of any court, at its own expense and option, replace any Product with a non-infringing item providing substantially the same performance.
Replacement Product. 4.5.1 If the ordered Product has been replaced with a new product with essentially the same characteristics, the Supplier may deliver the replacement product instead of the ordered product.
Replacement Product. Where new Product is purchased as replacement for original Product during the Limited Warranty period, the new Limited Warranty shall apply to the new Product but only for the unexpired portion of the Limited Warranty period relating to the original Product. SOLE WARRANTY. THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER GUARANTEES AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND SHALL NOT BE EXTENDED OR ALTERED EXCEPT BY WRITTEN INSTRUMENT SIGNED BY THE MANUFACTURER AND THE OWNER. THERE ARE NO WARRANTIES OR GUARANTEES WHICH EXTEND BEYOND THE DESCRIPTION SET FORTH IN THIS LIMITED WARRANTY. This Limited Warranty contains all of the provisions of the Owner's remedies from the Manufacturer. The Manufacturer's liability is limited to the provisions of this Limited Warranty, whether any claim against the Manufacturer is based upon strict liability, negligence, breach of warranty or any other theory or cause of action. No agent, salesperson, employee, or representative of the Manufacturer is authorized to give any representation or warranty regarding the Product beyond that given in the Halo Product literature, or to assume any further obligation on behalf of the Manufacturer, either orally or in writing. LIMITATION OF LIABILITY. Obligations under this Limited Warranty are applicable to Products manufactured by the Manufacturer on or after January 1, 2014. THE TOTAL MANUFACTURER OBLIGATION TO THE OWNER FOR THE DURATION OF THIS LIMITED WARRANTY SHALL BE LIMITED TO THE ORIGINAL PURCHASE PRICE FOR THE ELIGIBLE PRODUCTS. IN NO INSTANCE SHALL THE MANUFACTURER BE RESPONSIBLE FOR OTHER DIRECT DAMAGES, OR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OF ANY NATURE OR KIND, ARISING FROM THE USE OF THE PRODUCT, EVEN IF THE MANUFACTURER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL THE MANUFACTURER BE LIABLE FOR DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OF ANY NATURE OR KIND, TO THE STRUCTURE OR BUILDING UPON WHICH THE PRODUCT IS INSTALLED OR TO ITS CONTENTS, OR OCCUPANTS. THIS LIMITED WARRANTY DOES NOT COVER ANY DAMAGE TO THE PRODUCTS DIRECTLY OR INDIRECTLY, OR WHOLLY OR PARTIALLY ATTRIBUTABLE TO PROLONGED EXPOSURE TO NATURAL ELEMENTS OR LIGHTNING, FIRE, HURRICANE, TORNADO OR OTHER ACT OF GOD.
Replacement Product. During the Shortfall Makeup Period, the amount of Shortfall Energy shall first be reduced by the amount of any (a) Facility Energy or Deemed Generated Energy delivered or deemed to be delivered above the Guaranteed Generation, including Excess Energy, during the applicable Shortfall Makeup Period, and (b) Replacement Product delivered by Seller during the Shortfall Makeup Period. Such Replacement Product shall be delivered to the Point of Delivery or such other point of delivery as is mutually agreed upon by the Parties (which point of delivery shall be deemed the “Point of Delivery” for such Replacement Product for purposes of ARTICLE VII and the other Scheduling and delivery provisions hereof) and on a delivery schedule mutually agreed to by Seller and Buyer. Any additional costs or expenses associated with delivery of Replacement Product to a Point of Delivery designated under this Section 9.2 shall be borne by Seller. To the extent Seller is unable to deliver or provide sufficient Facility Energy, Deemed Generated Energy, or Replacement Product to make up the remaining Shortfall Energy, then Seller shall, at the end of the Shortfall Makeup Period, pay Buyer damages in accordance with Section 9.3. Notwithstanding the foregoing, at the end of each RPS Compliance Period during the Delivery Term, if there is any Shortfall Energy at such time, Seller shall pay Buyer damages in accordance with Section 9.3 for the amount of Shortfall Energy in the last calendar year of such RPS Compliance Period.
Replacement Product. If the problem cannot be resolved remotely, HP will replace the failed product with a new or equivalent-to-new product free of major cosmetic defects. The failed product must be returned within the timeframe specified herein and becomes the property of HP. * Coverage Window and Geographic Coverage Calls must be received before 2:30 p.m. Central Standard Time, Monday through Friday, to activate an exchange service with next-business-day-delivery for eligible geographic locations in the U.S. HP holidays may delay the delivery. This service provides a replacement product the next business day in most areas within the continental United States and in limited areas of Hawaii and Alaska. Add 1 to 2 business days for service in Hawaii and Alaska. Service is not available within Puerto Rico and the Virgin Islands. Service level and response times may vary depending on the customer’s geographical location. The customer should check with a local HP authorized representative to determine if the customer’s location is eligible for this service. Other restrictions and limitations apply. Shipping Instructions HP will ship the replacement product in a container suitable for returning the failed product to HP. HP is not able to ship to, or receive the customer’s failed product from, any location outside of the United States. Packaging instructions and a prepaid shipping label for the return of the failed product will be included in the replacement product shipping container. At HP’s discretion, HP may choose to collect failed product at the customer’s location. Service Limitations At HP’s discretion, service will be provided using remote diagnosis and support or other service delivery methods. Other service delivery methods, in lieu of shipping a replacement product, may include the overnight shipment of parts specified by HP as customer replaceable like, for example a keyboard or mouse. HP will determine the appropriate delivery method required. Services excluded from this exchange service include, but are not limited to, the following: • Diagnosis or maintenance at the customer site. If onsite diagnosis or maintenance is required, customer will be billed at HP's standard service rates. HP Service Plan Descriptions – United States • Set-up and installation of the replacement product at the customer site. • Recovery of the operating system, other software, and data. • Troubleshooting for interconnectivity or compatibility problems. • Services required due to failure of cu...
Replacement Product. The Contractor shall provide replacement products for products that are no longer in production during the agreement period or if the Contractor wishes to replace an item required by the Purchaser with another similar item, for instance due to change of producer etc. Replacement products shall at least have the same quality and lower or same price as the replaced product. Replacement products must be approved by a competent authority at the Norwegian Armed Forces. In the event the Contractor fails to deliver in accordance with the Purchaser's order, the Contractor must initiate a dialogue with the Purchaser in order to ensure a good solution and potentially an alternative delivery. 6 Volume discount When the Contractor is awarded relevant volume discounts by their subcontractors or producers, such volume discount shall benefit the Purchaser. The Contractor undertakes to inform the Purchaser of such agreements/discounts.
Replacement Product. If the problem cannot be resolved remotely, Authorized Service Provider will replace the failed product with a new or equivalent-to-new product free of major cosmetic defects. The failed product must be returned within the timeframe specified herein and becomes the property of Authorized Service Provider. *Coverage Window and Geographic Coverage Calls must be received before 2:30 pm Central Standard Time, Monday through Friday, to activate an exchange service with next-business-day delivery for eligible geographic locations in the U.S. Authorized Service Provider holidays may delay the delivery. This service provides a replacement product the next business day in most areas within the continental United States and in limited areas of Hawaii and Alaska. Add 1 to 2 business days for service in Hawaii and Alaska. Service is not available within Puerto Rico and the Virgin Islands. Service level and response times may vary depending on the customer’s geographical location. The customer should check with an Authorized Service Provider representative to determine if the customer’s location is eligible for this service. Other restrictions and limitations apply.
Replacement Product. Within * * * after issuing the RMA number, SSI will ship replacement Product or Part against OEM’s Order, at SSI’s expense freight prepaid, to the ship-to location specified by OEM and will invoice OEM for the cost of the replacement Product or Part as specified in the then-current SSI price list as of the shipment date. Packaging material and a return address label will be included with the replacement Product or Part. OEM shall use such material and label when returning the failed Product or Part to SSI. SSI must receive the failed Product or Part from OEM within * * * from the date of issuance of the RMA number. Upon receipt of the failed Product or Part within such * * * period, SSI will credit OEM for the cost of the replacement Product or Part. If OEM fails to return the failed Product or Part within such * * * period, OEM must pay for the replacement Product or Part.
Replacement Product. SSI will ship a replacement Product or Part to the ship-to location specified by OEM within * * * after issuing the RMA number, and will invoice OEM for the cost of the replacement Product or Part as specified in the then-current price list. Packaging material and a return address label will be included with the replacement Product or Part for OEM’s use in returning the failed Product or Part to SSI. OEM must return the failed Product or Part within * * * from the date of issuance of the RMA number. Upon receipt of the failed Product or Part within such * * * period, SSI will credit OEM for the cost of the replacement Product or Part. If OEM fails to return the failed Product or Part within such * * * period, OEM must pay for the replacement Product or Part.
Replacement Product. If either Corgenix or BG Medicine determine, pursuant to Section 2.7(a), that a Lot or Product does not comply with all of the applicable Specifications, then Corgenix shall replace such Lot or Product at no cost or expense to BG Medicine; provided, however, that if a Product has been properly stored by Corgenix expires before shipment, BG Medicine shall pay the cost of replacing it if BG Medicine informs Corgenix in writing that BG Medicine desires to replace such Lot or Product. Corgenix shall also be responsible to pay for the BGM Critical Components necessary for the replacement Product or Lot if it is determined that Product failure is due to materials provided by or activities performed by Corgenix. If Product failure is due to failure of Critical Components provided by BG Medicine, BG Medicine shall be responsible to pay for Critical Components necessary for replacement Product or Lot, unless the failure of the Critical Components is due to the mishandling of such components by Corgenix. In the event that the failure of the Critical Components is due to Corgenix’ mishandling, then Corgenix shall remain responsible to pay for Critical Components necessary for replacement Product or Lot.
