Breach of Warranty. Upon breach of the warranty set forth above, the Contractor will repair or replace (at no charge to the Purchasing Entity) the Product whose nonconformance is discovered and made known to the Contractor. If the repaired and/or replaced Product proves to be inadequate, or fails of its essential purpose, the Contractor will refund the full amount of any payments that have been made.
Appears in 61 contracts
Samples: Participating Addendum, Naspo Valuepoint Master Agreement, Contract Amendment
Breach of Warranty. Upon breach of the warranty set forth above, the Contractor will repair or replace (at no charge to the Purchasing Entity) the Product whose nonconformance is discovered and made known to the Contractor. If the repaired and/or replaced Product proves to be inadequate, or fails of its essential purpose, the Contractor will refund the full amount of any payments that have been made. Purchasing Entity’s remedy under Section 10.3 shall be limited to repair, replacement, or refund detailed above.
Appears in 5 contracts
Samples: Participating Addendum, Master Agreement, Master Agreement
Breach of Warranty. Upon breach of the warranty set forth above, the Contractor will repair or repairor replace (at no charge to the Purchasing Entity) the Product whose nonconformance is discovered and made known to the Contractor. If the repaired and/or replaced Product proves to be inadequate, or fails of its essential purpose, the Contractor will refund the full amount of any payments made on the Product that have been madeis being replaced.
Appears in 4 contracts
Samples: Standard Contract for Naspo Distributor/Fulfillment Partner, Participating Addendum, Participating Addendum
Breach of Warranty. Upon breach of the warranty set forth above, the Contractor will repair or replace (at no charge to the Purchasing Entity) the Product whose nonconformance is discovered and made known to the Contractor. If the repaired and/or replaced Product proves to be inadequate, or fails of its essential purpose, the Contractor will refund the full amount of any payments that have been made. Purchasing Entity's remedy under Section 10.3 shall be limited to repair, replacement, or refund detailed above.
Appears in 2 contracts
Samples: Master Agreement, Master Agreement
Breach of Warranty. Upon breach of the warranty set forth above, the Contractor will repair or replace (at no charge to the Purchasing Entity) the Product whose nonconformance is discovered and made known to the Contractor. If the repaired and/or replaced Product proves to be inadequate, or fails of its essential purpose, the Contractor will refund the full amount of any payments that have been made.be
Appears in 1 contract
Samples: Master Agreement
Breach of Warranty. Upon breach of the warranty set forth above, the Contractor will repair or replace (at no charge to the Purchasing Entity) the Product whose nonconformance is discovered and made known to the Contractor. If the repaired and/or replaced Product proves to be inadequate, or fails in breach of its essential purposethe warranty in Section 10.2, the Contractor contractor will have another opportunity to repair or replace the product if such repair or replacement does not cure the warranty issue, the contractor will refund the full amount of any payments that have been mademade for such product.
Appears in 1 contract
Samples: Procurement Master Agreement