Acceptance of Product. You shall be responsible for examining each shipment of Product(s) to determine whether any item or items included in the shipment are in short supply, defective or damaged. Within five (5) business days of receipt of the shipment, you shall notify us in writing of any shortages, defects or damage which you claim existed at the time of delivery and are not a result of shipping. Within twenty (20) days of receipt of such notice, we will investigate the claim of shortage, defects or damage, and inform you of our findings. If we determine that a shortage, defect or damages existed at the time of delivery and was not a result of shipping, we will promptly deliver replacement Product(s) to you. Unless notice is given as provided in this paragraph, you shall be deemed to have accepted each shipment of Product(s) and to have waived all claims for shortages, defects or damage. LIMITED WARRANTY We warrant that each Product sold by us will not infringe any patents, trade secrets, trademarks, or other intellectual property rights of any third party, and that the Product, when delivered to you, shall be free from defects in materials and workmanship for a period of 360 days after receipt of the Product We makes no warranty (express, implied or statutory) for any Product that are modified or subjected to unusual physical stress, misuse, improper storage or handling, or used in any manner or medical procedure for which the Product(s) are not indicated. We shall promptly replace any Product that fails to meet this limited warranty at the time of delivery. This constitutes our sole liability to end users for breach of the foregoing warranty.
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Samples: Exclusive Distribution Agreement (Cynosure Inc), Cynosure Inc
Acceptance of Product. You shall be responsible for examining each shipment of Product(s) Product to determine whether any item or items included in the shipment are in short supply, defective or damaged. Within five (5) business days of receipt of the shipment, you shall notify us in writing of any shortages, defects or damage which you claim existed at the time of delivery and are not a result of shipping. Within twenty (20) days of receipt of such notice, we will investigate the claim of shortage, defects or damage, and inform you of our findings. If we determine that a shortage, defect or damages existed at the time of delivery and was not a result of shipping, we will promptly deliver replacement Product(s) Product to you. Unless notice is given as provided in this paragraph, you shall be deemed to have accepted each shipment of Product(s) Product and to have waived all claims for shortages, defects or damage. LIMITED WARRANTY We warrant that each Product sold by us will not infringe any patentsto the best of our knowledge, as of November 13, 2014, El En has received no written claims or written notices alleging patent, trade secretssecret, trademarks, trademarks or other intellectual property rights of infringement, violation or misappropriation by any third party, and that party related to the Product, and when delivered to you, the Product shall be free from defects in materials and workmanship for a period of 360 days two (2) years after receipt of the Product Product. We makes make no warranty (express, implied or statutory) for any Product that are is modified or subjected to unusual physical stress, misuse, improper storage storage, handling, maintenance, repair or handlingalteration, or used in any manner or medical procedure for which the Product(s) are Product is not indicated. We shall promptly replace any Product that fails to meet this limited warranty at the time of deliverywarranty. This constitutes our sole liability to end users for breach of the foregoing warranty. Neither we nor you shall indemnify each other regarding any third party infringement claim relating to a patent, trade secret, trademark or other intellectual property right arising from your sale of the Product (an “Infringement Claim”), except for our breach of this limited warranty. El En neither assumes nor authorizes any other person to assume for it any other liability in connection with the sale or use of any of the products hereunder. Cynosure acknowledges and agrees that the allocation of risks and limitations contained in the provisions of this Section above are essential to this Agreement for El En, and that El En has expressly relied upon the inclusion of each and every such provision of this Section above as a condition to executing this Agreement. Each party covenants to the other that neither it nor its agents will file, xxx, or otherwise commence or participate in, any complaints, charges, or lawsuits against the other party or its affiliates with any court or government agency or any other tribunal or decision-making body of competent jurisdiction relating to any claim relating to or resulting from an Infringement Claim, or any part or portion thereof (a “Claim”). Each party further covenants to the other it will not assign, pledge, hypothecate or transfer to any person or party any Claim. Each party shall promptly notify the other in the event that the party is put on notice of infringement of any third party intellectual property rights in any jurisdiction, including outside of the Territory. If your sale or your customer’s use of Product is enjoined as the result of an Infringement Claim, we will use commercially reasonable efforts to (1) modify the Product so that it will be free of the infringement, the cost of such modification to be shared equally; or (2) cooperate with you to the extent reasonably necessary to procure a mutually acceptable license or other right to sell and use the Product on the basis of a mutually agreed royalty sharing arrangement. EXCLUSIVITY AND DISCLAIMER THE LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED WARRANTY ARISING OUT OF A COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE IN THE TRADE. YOUR EXCLUSIVE REMEDY FOR A DEFECT IN ANY PRODUCT SHALL BE THAT STATED IN THE LIMITED WARRANTY.
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Acceptance of Product. You shall be responsible for examining each shipment of Product(s) Product to determine whether any item or items included in the shipment are in short supply, defective or damaged. Within five (5) business days of receipt of the shipment, you shall notify us in writing of any shortages, defects or damage which you claim existed at the time of delivery and are not a result of shipping. Within twenty (20) days of receipt of such notice, we will investigate the claim of shortage, defects or damage, and inform you of our findings. If we determine that a shortage, defect or damages existed at the time of delivery and was not a result of shipping, we will promptly deliver replacement Product(s) Product to you. Unless notice is given as provided in this paragraph, you shall be deemed to have accepted each shipment of Product(s) Product and to have waived all claims for shortages, defects or damage. LIMITED WARRANTY We warrant that each the Product sold by us will not infringe any patents, trade secrets, trademarks, or other intellectual property rights of any third party, and that the Product, when delivered to you, shall be free from defects in materials and workmanship for a period of 360 days one (1) year after receipt of the Product We makes make no warranty (express, implied or statutory) for any Product that are is modified or subjected to unusual physical stress, misuse, improper storage or handling, or used in any manner or medical procedure for which the Product(s) are Product is not indicated. We shall promptly replace any Product that fails to meet this limited warranty at the time of deliverywarranty. This constitutes our sole liability to end users for breach of the foregoing warranty.
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