Common use of AND CLAIMS Clause in Contracts

AND CLAIMS. 11.1 Westermo warrants that the Products, subject to what is set forth below regarding software, are free from defects in materials and workmanship arising from normal use, and any material non-conformances with Westermo published specifications, for a period of five (5) years from the date the Product was shipped from Westermo. Westermo warrants that formal production software releases have passed rigorous regression testing that ensures a stable industry leading software quality level over time. However, Westermo does not warrant that the software or any portion thereof is error free. Notwithstanding the foregoing, (i) for a product in the life cycle phase Limited (which means any product that is inactive and generally not available, but may be available on a case-by-case basis as a spare part) at the time of order placement, the warranty period is limited to three (3) months from the date the Product was shipped from Westermo, and (ii) for the VA Products, the warranty period is limited to three (3) years from the date the VA Product was shipped from Westermo. The Buyer shall without undue delay inform Westermo in writing about any claim of defects in the Products when the Buyer has discovered or ought to have discovered any defect in the Products. A claim may in no event be made later than seven (7) days after the expiration of the applicable warranty period, mentioned earlier. Where the defect is such that it may cause damage, notice shall be given immediately.

Appears in 2 contracts

Samples: www.westermo.se, www.westermo.com

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AND CLAIMS. 11.1 Westermo warrants that the Products, subject to what is set forth below regarding software, are free from defects in materials and workmanship arising from normal use, and any material non-conformances with Westermo published specifications, for a period of five (5) years from the date the Product was shipped from Westermo. Westermo warrants that formal production software releases have passed rigorous regression testing that ensures a stable industry leading software quality level over time. However, Westermo does not warrant that the software or any portion thereof is error free. Notwithstanding the foregoing, (i) for a product in the life cycle phase Limited (which means any product that is inactive and generally not available, but may be available on a case-by-case basis as a spare part) at the time of order placement, the warranty period is limited to three (3) months from the date the Product was shipped from Westermo, and (ii) for the VA Products, the warranty period is limited to three (3) years from the date the VA Product was shipped from Westermo. The Buyer shall without undue delay inform Westermo Xxxxxxxx in writing about any claim of defects in the Products when the Buyer has discovered or ought to have discovered any defect in the Products. A claim may in no event be made later than seven (7) days after the expiration of the applicable warranty period, mentioned earlier. Where the defect is such that it may cause damage, notice shall be given immediately.

Appears in 2 contracts

Samples: www.westermo.com, www.westermo.se

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