Replacement of Product. In accordance with the terms set forth in this Agreement, IPC shall replace, at its sole expense, any Product that does not comply with the Product Warranty in Section 5.1(a) or, at Tris’s election, refund the Transfer Price thereof subject to the ruling of the consultant or the independent testing laboratory.
Replacement of Product. For clarification purposes it is hereby expressly stated that ADRES and/or CAATS shall be offered for a limited time period, not exceeding the term of this Licence. In the event that the Seller should offer a replacement product, the conditions for using such product shall be subject to a separate agreement which will be consistent to the terms hereof.
Replacement of Product. Unless any nonconformity is caused by a negligent or wrongful act or omission by Purchaser or its agents, Supplier shall, at no cost to Purchaser, and at Purchaser’s election: (a) replace any Product order, or portion thereof, that is not Acceptable Product within [***] days; or (b) cancel any order or portion of an order for which non-Acceptable Product was delivered.
Replacement of Product. Within four (4) months after receipt of properly rejected Products, Immuron shall, at its expense, replace Products confirmed by it to be defective. Immuron shall pay all shipping charges (inbound and outbound) for properly rejected Products; otherwise, Paladin shall be responsible for all shipping charges.
Replacement of Product. AHP shall replace any Product order, or portion thereof, which is not Acceptable Product (unless such non-conformance is due to any negligent or wrongful act or omission by Horizon or its agents or subcontractors), at its cost and expense, including shipping costs.
Replacement of Product. Upon request from Blue Coat, Vendor will deliver a replacement of any product that does not meet the Warranty requirements (whether or not under the Warranty Period).
Replacement of Product. (s) Where Customer requests the replacement of Product(s) media, Product(s) security or licensing devices, or supporting documentation, in part or entirety, due to loss, damage, misuse or any other reason, Mintra reserves the right to reclaim the costs of reproduction. Should such loss involve a device or facility used for the control and / or distribution of Event(s) (defined in section 1.1.19) for Product(s) supplied under a Price per License, Mintra may include the cost of any Event(s) that cannot be verified by Mintra as unused. Mintra will disclose the details of any such potential cost and gain authorisation from Customer before any action is taken.
Replacement of Product. In the event of failure of Product to conform to warranty in Section 10.1 or Product that was damaged prior to delivery (“Defective Product”), whether as determined by Cardinal Health or an independent laboratory under Section 5.2, Cardinal Health shall replace all such Product with conforming Product. THE OBLIGATION OF CARDINAL HEALTH TO (i) REPLACE PRODUCT PURSUANT TO THIS SECTION 5.4 AND (ii) REIMBURSE CUBIST FOR ITS ACTUAL COST OF ANY LOST, DAMAGED, OR DESTROYED API OR API THAT IS NO LONGER USABLE AS A RESULT OF BEING USED FOR DEFECTIVE PRODUCT IN AN AMOUNT NOT TO EXCEED THE LIMITATION SET FORTH IN SECTION 16.1 SHALL BE CUBIST’S SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT FOR DEFECTIVE PRODUCT [ ]* AND IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED.
Replacement of Product. Upon request from ABWN, ViaLight will deliver a replacement of any Product that does not meet the Warranty requirements (whether or not under the Warranty Period).
Replacement of Product. During the Warranty Period, 7Base will repair any hardware returned to it that is determined by 7Base to be defective in materials or workmanship. If 7Base is not able to repair such hardware, 7Base will replace it with a comparable product that is new or refurbished. If a repair is needed, 7Base will issue a Return Material Authorization Number (“RMAN”) for the Customer to include with the return. The Customer must return the Products to 7Base in their original or equivalent packaging, prepay shipping charges, and insure the shipment or accept the risk if the product is lost or damaged in shipment. 7Base will return the repaired or replacement products to the Customer. 7Base will pay to ship the repaired or replaced products to the Customer if the Customer uses an address in the United States (excluding Puerto Rico and U.S. possessions and territories). Otherwise, 7Base will ship the product to Customer freight collect. If 7Base determines that the problem is not covered under its Warranty, 7Base will notify the Customer and inform Tapout and the Customer of service alternatives that are available on a fee basis.
