Warranty Remedies. Contractor acknowledges that all warranties granted to the Department by the Uniform Commercial Code of the State of Utah apply to the Contract. Product liability disclaimers and/or warranty disclaimers from Contractor are not applicable to the Contract. For any goods or service that the Department determines does not conform with this warranty, the Department may arrange to have the item repaired or replaced, or the service performed either by Contractor or by a third party at the Department's option, at Contractor's expense. If any item or services does not conform to this warranty, Contractor shall refund the full amount of any payments made. Nothing in this warranty will be construed to limit any rights or remedies the Department may otherwise have under the contract.
Warranty Remedies. Customer shall notify Service Provider without undue delay of any alleged Defects of the Service in writing, including a description of the alleged Defect, where the term Defect shall mean a material deviation of the warranty pursuant to section 7.1 above. All legitimate Defects will be cured by the Service Provider within a reasonable time as set forth by Service Provider; Service Provider may decide at its sole discretion whether to cure a given Defect by means of repair (e.g. workaround) or replacement delivery. Service Provider may also cure a Defect by using remote means and for this purpose may remotely access Customer Data, systems and/or devices. If Service Provider is unable to cure the Defect within the reasonable time, the Customer may (i) request a reasonable reduction of the Subscription Fee for the Services or (ii), if Service Provider has failed to cure the same Defect for two consecutive times within the reasonable time, either Party may terminate the Agreement with immediate effect. In such case, Customer may also claim damages subject to section 8.
Warranty Remedies. 1. After receipt of proper written notice of claim, The Mohawk Group will designate a representative to inspect the carpet with the Owner's representative and The Mohawk Group will meet all warranty obligations.
Warranty Remedies. During the applicable warranty period for a product, Buyer shall promptly provide written notification to Seller of any defect covered by Seller’s warranty, and in no event later than thirty (30) days after discovery of any such defect. Buyer’s notice must identify the specific product subject to warranty claim and the nature of the discovered defect. No product will be accepted for return or replacement without written acknowledgement and authorization of Seller. Upon such authorization, and in accordance with Seller’s packing and shipping instructions, the product will be returned with transportation and insurance fully prepaid by Buyer.
Warranty Remedies. Following notice of any defect and submission of a Warranty Claim, Products deemed by Krown Lab, Inc. to be defective in material or workmanship will be, at Krown Lab, Inc.’s option, replaced, repaired, or credited for its original purchase price provided that Buyer returns such Product in accordance with Krown Lab, Inc.’s instructions. If Krown Lab, Inc. decides to do a product replacement, Krown Lab, Inc. reserves the right to replace with what Krown Lab, Inc. determine to be the most similar Product available in its current Product offering.
Warranty Remedies a. In the event of breach of any of the warranties in Section a or 9.b, and without prejudice to any other right or remedy available to Buyer (including Buyer’s indemnification rights hereunder), Supplier will, at Buyer’s option and Supplier’s expense, refund the purchase price for, or correct or replace the affected Goods, or re-perform the affected Services, within 10 day(s) after notice by Buyer to Supplier of warranty breach. All associated costs, including costs of re-performance, costs to inspect the Goods and/or Services, transport the Goods from Buyer to Supplier, and return shipment to Buyer, and costs resulting from supply chain interruptions, will be borne by Supplier. If Goods are corrected or replaced or Services are re-performed, the warranties in Section 9.a will continue as to the corrected or replaced Goods for a further Goods Warranty Period commencing on the date of Acceptance of the corrected or replaced Goods by Buyer. If Supplier fails to repair or replace the Product within the time periods required above, Buyer may repair or replace the Goods at Supplier’s expense.
Warranty Remedies. Upon breach of the hardware or software warranty, Contractor will repair or replace (at no charge to DTS) the Goods or Custom Deliverables whose nonconformance is discovered and made known to Contractor. If the repaired and/or replaced products prove to be inadequate, or fail to meet the performance of its essential purpose, Contractor will refund the full amount of any payments that have been made for the failing products. The rights and remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or equity.
Warranty Remedies. In no event shall M-DCPS be liable to the Student, Parent or any other person for any damages, including any incidental or consequential damages, expenses, lost profits, lost savings, or other damages arising out of the use of or inability to use the mobile device computer.
Warranty Remedies. 1. After receipt of proper written notice of the claim, Mohawk Group may designate a representative to inspect the carpet with the Owner’s representative.
Warranty Remedies. Subrecipient acknowledges that all warranties granted to the Department by the Uniform Commercial Code of the State of Utah apply to the Contract. Product liability disclaimers and/or warranty disclaimers from Subrecipient are not applicable to the Contract. For any goods or service that the Department determines does not conform with this warranty, the Department may arrange to have the item repaired or replaced, or the service performed either by Subrecipient or by a third party at the Department's option, at Subrecipient's expense. If any item or services does not conform to this warranty, Subrecipient shall refund the full amount of any payments made. Nothing in this warranty will be construed to limit any rights or remedies the Department may otherwise have under the contract.
