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. 11.2 The above warranty does not apply if updates of software supplied by Westermo are not installed properly and in a timely manner or if the relevant Product or software is used for an application not listed in Westermo’s published technical specifications for such Product or for an application that cannot be reasonably foreseen by Westermo. Beta versions of software is not to be seen as formal production software and may have only undergone limited regression testing. Beta software releases supplied for demonstration or testing purposes as well as supplemental software (not part of the software) shipped with a Product are excluded from the above warranty. 11.3 Westermo warrants that SFP transceivers have the same warranty terms as the Products whilst all other accessories, as set forth on the Westermo web xxx.xxxxxxxx.xxx, 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 two (2) years from the date the Product was shipped from Westermo. Notwithstanding the foregoing, for an accessory 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. The Buyer shall without undue delay inform Westermo in writing about any claim of defects in the accessories when the Buyer has discovered or ought to have discovered any defect in the accessories. A claim may in no event be made later than seven (7) days after the period of two (2) years mentioned earlier. Where the defect is such that it may cause damage, notice shall be given immediately. 11.4 Warranty claims, returns and repairs need to be handled by a Westermo authorized dealer or distributor. To return a defective Product or accessory under any applicable warranty, the purchaser needs a shipment address and a Return Merchandise Authorization (RMA) number, which may be obtained from Westermo. 11.5 Westermo shall, at its own option, repair, replace or refund the purchase price of any Product or accessory with defects that is subject to its warranty. This is the Buyer´s sole and exclusive remedy for Products or accessories that do not meet the specified warranty and it shall replace any other warranties, express or implied, by law or otherwise. The Buyer shall at its own risk and expense carry out any dismantling and reinstallation of the repaired or replaced Product or accessory and bear the cost for transport of such Product or accessory to Westermo. Westermo reserves the right to authorise third parties to undertake repairs during the warranty period. 11.6 During the repair period, the Products may not be available to the Buyer. Westermo shall not be liable for any losses resulting from any disruption to the Buyer’s system while the relevant Product(s) is unavailable/not working. 11.7 In addition to the above, the following items are expressly excluded from these warranties: a) Defects resulting from ordinary wear and tear; b) Defects attributed to any accidental damage, improper use, modification, adaptation, purchaser’s or its representatives’ neglect, improper storage or installation, installation in toxic or acid environment or in mobile and/or instable environments not in accordance with the specifications or external electrical fault; c) Defects resulting from use of the Product or accessory not in accordance with Westermo published technical specifications or other documentation supplied with the Product (e.g. Management Guide etc.) or accessory; and d) Defects resulting from any service, maintenance or repair executed by another party than Westermo, a Westermo authorised service provider or a Westermo authorised third party. 11.8 Should repair or replacement under these warranties be impossible or unreasonably expensive, Westermo will recommend a substitute product, which shall be of equivalent fit, form and function so as not to jeopardize the performance and safe operation of such component or product. 11.9 Westermo’s liability in regard of any nonconformity, defect or deficiency in any Product is expressively limited to what is set out in Sections 11.1-11.8. 11.10 Products and accessories not covered by the above warranties may be repaired by Westermo at a price quoted by Westermo. 11.11 If the returned units show not to be faulty, Westermo will invoice an inspection and return cost even though the Product or accessory are under warranty.

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. 11.2 The above warranty does not apply if updates of software supplied by Westermo are not installed properly and in a timely manner or if the relevant Product or software is used for an application not listed in Westermo’s published technical specifications for such Product or for an application that cannot be reasonably foreseen by Westermo. Beta versions of software is not to be seen as formal production software and may have only undergone limited regression testing. Beta software releases supplied for demonstration or testing purposes as well as supplemental software (not part of the software) shipped with a Product are excluded from the above warranty. 11.3 Westermo warrants that SFP transceivers have the same warranty terms as the Products whilst all other accessories, as set forth on the Westermo web xxx.xxxxxxxx.xxx, 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 two (2) years from the date the Product was shipped from Westermo. Notwithstanding the foregoing, for an accessory 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. The Buyer shall without undue delay inform Westermo Xxxxxxxx in writing about any claim of defects in the accessories when the Buyer has discovered or ought to have discovered any defect in the accessories. A claim may in no event be made later than seven (7) days after the period of two (2) years mentioned earlier. Where the defect is such that it may cause damage, notice shall be given immediately. 11.4 Warranty claims, returns and repairs need to be handled by a Westermo authorized dealer or distributor. To return a defective Product or accessory under any applicable warranty, the purchaser needs a shipment address and a Return Merchandise Authorization (RMA) number, which may be obtained from Westermo. 11.5 Westermo shall, at its own option, repair, replace or refund the purchase price of any Product or accessory with defects that is subject to its warranty. This is the Buyer´s sole and exclusive remedy for Products or accessories that do not meet the specified warranty and it shall replace any other warranties, express or implied, by law or otherwise. The Buyer shall at its own risk and expense carry out any dismantling and reinstallation of the repaired or replaced Product or accessory and bear the cost for transport of such Product or accessory to Westermo. Westermo Xxxxxxxx reserves the right to authorise third parties to undertake repairs during the warranty period. 11.6 During the repair period, the Products may not be available to the Buyer. Westermo Xxxxxxxx shall not be liable for any losses resulting from any disruption to the Buyer’s system while the relevant Product(s) is unavailable/not working. 11.7 In addition to the above, the following items are expressly excluded from these warranties: a) Defects resulting from ordinary wear and tear; b) Defects attributed to any accidental damage, improper use, modification, adaptation, purchaser’s or its representatives’ neglect, improper storage or installation, installation in toxic or acid environment or in mobile and/or instable environments not in accordance with the specifications or external electrical fault; c) Defects resulting from use of the Product or accessory not in accordance with Westermo published technical specifications or other documentation supplied with the Product (e.g. Management Guide etc.) or accessory; and d) Defects resulting from any service, maintenance or repair executed by another party than WestermoXxxxxxxx, a Westermo authorised service provider or a Westermo authorised third party. 11.8 Should repair or replacement under these warranties be impossible or unreasonably expensive, Westermo will recommend a substitute product, which shall be of equivalent fit, form and function so as not to jeopardize the performance and safe operation of such component or product. 11.9 Westermo’s liability in regard of any nonconformity, defect or deficiency in any Product is expressively limited to what is set out in Sections 11.1-11.8. 11.10 Products and accessories not covered by the above warranties may be repaired by Westermo at a price quoted by WestermoXxxxxxxx. 11.11 If the returned units show not to be faulty, Westermo will invoice an inspection and return cost even though the Product or accessory are under warranty.