Warranty for Hardware. Oxford warrants to Customer during the term of this Agreement that: (a) Devices will perform according to Specifications in all material respects and (b) the number of Single Pores per Flow Cell shall be greater than or equal to the number of Single Pores specified in the applicable Order, solely as determined by reference to Instrument Data collected by Oxford’s Software from completion of the quality control testing required under Section 3.3. The foregoing warranty does not apply to the extent non- conformance is due to (a) abuse, misuse, neglect, negligence, accident, improper storage or use contrary to the Documentation, Specifications or this Agreement, including, without limitation, provisions regarding useful life; (b) improper handling, installation, maintenance or repair (unless performed by Oxford’s personnel); (c) unauthorized alterations; (d) Force Majeure events or (e) use with a third party’s good not provided by Oxford.
Warranty for Hardware. Contractor warrants that hardware provided is free from defects in materials and workmanship and conforms to the specifications. The warranty period for provided hardware is a fixed period commencing on the date specified in a statement of work or applicable Contract. If the hardware does not function as warranted during the warranty period and Contractor is unable to either: i) make it do so; or ii) replace it with one that is at least functionally equivalent, State may return it to Contractor for a full refund. The parties agree that the warranties set forth above do not require uninterrupted or error-free operation of hardware or services unless otherwise stated in the specifications. These warranties are State’s exclusive warranties and replace all other warranties or conditions, express or implied, including, but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose.
Warranty for Hardware. Illumina warrants that Illumina Hardware, other than Upgraded Components, will conform to its Specifications for a period of […***…] from Illumina unless the Illumina Hardware includes Illumina-provided installation in which case the warranty period begins on the date of installation or […***…], whichever occurs first (such warranty to be known as the “Base Hardware Warranty”); provided that, the Base Hardware Warranty period for Illumina Hardware that requires Customer’s signature of document after passing certain testing criteria starts on the date that the Illumina Hardware passed such testing criteria. “Upgraded Components” means Illumina-provided components, modifications, or enhancements to Hardware that was acquired by Customer prior to the date Illumina provides these Upgraded Components. Illumina warrants that Upgraded Components will conform to their Specifications for a period of […***…]. Upgraded Components do not extend the warranty for the Hardware unless the upgrade was conducted by Illumina at Illumina’s facilities in which case the upgraded Hardware shipped to Customer comes with a Base Hardware Warranty.
Warranty for Hardware. Oxford warrants to Customer during the term of this Agreement that: (a) the Device will perform according to Specifications in all material respects and (b) the number of Single Pores per Flow Cell shall be greater than or equal to the number of Single Pores specified in the applicable Order, solely as determined by reference to Instrument Data collected by Oxford’s Software from completion of the quality control testing required under Section
Warranty for Hardware. Grass Valley warrants to Customer that Hardware will be free from material defects in materials and workmanship under normal authorized use consistent with the Technical Hardware Specifications for a period of fifteen (15) months from the date of shipment from factory (the “Hardware Warranty Period”). If any such Hardware proves defective under the foregoing warranty during the Hardware Warranty Period, Grass Valley, at its option, will either (i) repair the defective Hardware without charge for parts and labor or (ii) provide a replacement in exchange for the defective Hardware. Hardware, replacement Products, parts and components may include materials that are reconditioned.
Warranty for Hardware. 3.1 We warrant to you that the Hardware is free from defects of workmanship and materials. We undertake (subject to the remainder of this clause 3), at our option, to repair or replace Hardware (other than consumable items) which is found to be defective as a result of faulty materials or workmanship within five years of delivery and installation.
Warranty for Hardware. The “Hardware Warranty Period” shall be for a period of […***…] ([…***…]) months. In the case of Hardware that includes installation, the Hardware Warranty Period shall commence upon installation of the Hardware. For all other Hardware, the Hardware Warranty Period commences upon delivery. During the Hardware Warranty Period, the Hardware (other than Software, the warranty for which is set forth in Section 27) will conform to the Specifications. This limited warranty extends only to Customer as original purchaser unless otherwise agreed upon in writing by Illumina. The foregoing warranty shall not apply if the Hardware or any component thereof (i) has been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling or use contrary to any instructions issued by Illumina or has been used in any manner inconsistent with the rights conferred upon Customer under this Agreement, (ii) has been repaired, altered, disassembled or reassembled, or removed from the Facility by persons not expressly authorized by Illumina, (iii) has not been installed, operated, repaired and maintained in accordance with the Documentation, (iv) has failed due to an act of God, including but not limited to fire, flood, tornado, earthquake, hurricane, lightning, threat of or actual acts of terrorism or war, or (v) has been used with any third party software, hardware, or item including, without limitation, reagent which has not been previously approved in writing by Illumina. If during the Hardware Warranty Period: (i) Illumina’s authorized service or support representative is notified promptly upon discovery of any failure of the Hardware to conform to the warranty set forth in this Section, including a detailed description of such alleged failure, (ii) at Illumina’s option, either access to the Hardware is provided to Illumina on-site at the Facility or such applicable component(s) are returned, transportation charges prepaid, to Illumina’s designated facility in accordance with Illumina’s then-current return procedures, and (iii) Illumina’s inspections and tests determine that the Hardware or the applicable component indeed fails to conform and has not been subjected to any of the conditions set forth in this Section, then, as Customer’s sole remedy (except for any indemnification obligations of Illumina pursuant to Section 23(a) and 23(c)) and Illumina’s sole obligation under the foregoing warranty, Illumina ...
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Warranty for Hardware. Oxford warrants to Customer during the Device Warranty Period Devices will perform according to Specifications in all material respects, and Oxford warrants to Customer that during the Flow Cell Warranty Period the number of Single Pores per Flow Cell shall be greater than or equal to the number of Single Pores specified in the applicable Order, solely as determined by reference to Instrument Data collected by Oxford’s Software from completion of the quality control testing required under Section 3.4. The foregoing warranties do not apply to the extent non-conformance is due to (a) abuse, misuse, neglect, negligence, accident, improper storage or use contrary to the Documentation, Specifications or this Agreement, including, without limitation, provisions regarding Useful Life; (b) improper handling, installation, maintenance or repair (unless performed by Oxford’s personnel); (c) unauthorized alterations; (d) Force Majeure events or (e) use with a third party’s good not provided by Oxford.
Warranty for Hardware. Contractor warrants that Hardware, other than Upgraded Components, will conform to its Specifications for a period of 12 months after its shipment date from Contractor unless the Hardware includes Contractor provided installation in which case the warranty period begins on the date of installation or 30 days after the date it was delivered, whichever occurs first (“Base Hardware Warranty”). “Upgraded Components” means Contractor provided components, modifications, or enhancements to Hardware that was previously acquired by State. Contractor warrants that Upgraded Components will conform to their Specifications for a period of 90 days from the date the Upgraded Components are installed. Upgraded Components do not extend the warranty for the Hardware unless the upgrade was conducted by Contractor at Contractor’s facilities in which case the upgraded Hardware shipped to State comes with a Base Hardware Warranty.
