Common use of DEFECTIVE GOODS Clause in Contracts

DEFECTIVE GOODS. (i) Seller warrants to Buyer that the goods will be free from defects in material and workmanship for the period of [defined in Attachment “A”: Xxxxxx Xxx, Xxxxxxxx, Xxxx, and YZ Products. Attachment B: LMI products] from the Invoice Date or as otherwise agreed to by the parties in the order. Seller's liability and Buyer's remedy under this warranty are limited to the repair or replacement, at Seller's election, of goods or parts thereof returned to Seller which are shown to Seller's reasonable satisfaction to have been defective; provided that written notice of the defect is provided by Buyer to Seller within thirty (30) days of identification of defect. Transportation charges for the return of defective goods to Seller and their reshipment to Buyer and the risk of loss thereof will be borne by Seller only if returned in accordance with written shipping instructions from Seller. If services or data are to be furnished, Seller warrants to Buyer that such services will be performed, or such data prepared in a good workmanlike manner. Seller's liability and Buyer's remedy under this warranty are limited to the correction of such services or data as are shown to Seller's reasonable satisfaction to have been defective; provided that written notice of such defective services or data has been provided by Buyer to Seller within thirty (30) days after the performance of such services or delivery of such data by Seller. (ii) Seller’s warranty does not extend to used product or products or services not manufactured or provided by Seller; however, Seller will provide to Buyer the benefits of any supplier’s warranty. (iii) Seller’s warranty does not extend to any product found to have been subjected to abnormal operating conditions, the use of unapproved parts to the extent such parts are found to be the cause of the failure, or failure to follow the installation, operation and maintenance instructions provided by Seller.

Appears in 2 contracts

Samples: Standard Terms and Conditions of Sale, Standard Terms and Conditions of Sale

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DEFECTIVE GOODS. (i) Seller warrants to Buyer that the goods will be free from defects in material and workmanship for the period of [defined in Attachment “A”: Xxxxxx Xxx, Xxxxxxxx, Xxxx, Durameter and YZ Products. Attachment B: LMI products or Attachment C: Xxxxxxx products] from the Invoice Date or as otherwise agreed to by the parties in the order. Seller's liability and Buyer's remedy under this warranty are limited to the repair or replacement, at Seller's election, of goods or parts thereof returned to Seller which are shown to Seller's reasonable satisfaction to have been defective; provided that written notice of the defect is provided by Buyer to Seller within thirty (30) days of identification of defect. Transportation charges for the return of defective goods to Seller and their reshipment to Buyer and the risk of loss thereof will be borne by Seller only if returned in accordance with written shipping instructions from Seller. If services or data are to be furnished, Seller warrants to Buyer that such services will be performed, performed or such data prepared in a good workmanlike manner. Seller's liability and Buyer's remedy under this warranty are limited to the correction of such services or data as are shown to Seller's reasonable satisfaction to have been defective; provided that written notice of such defective services or data has been provided by Buyer to Seller within thirty (30) days after the performance of such services or delivery of such data by Seller. (ii) Seller’s warranty does not extend to used product or products or services not manufactured or provided by Seller; however, Seller will provide to Buyer the benefits of any supplier’s warranty. (iii) Seller’s warranty does not extend to any product found to have been subjected to abnormal operating conditions, the use of unapproved parts to the extent such parts are found to be the cause of the failure, or failure to follow the installation, operation and maintenance instructions provided by Seller.

Appears in 1 contract

Samples: Terms & Conditions

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DEFECTIVE GOODS. (i) Seller warrants to Buyer that the goods will be free from defects in material and workmanship for the period of [defined in Attachment “A”: Xxxxxx Xxx, Xxxxxxxx, Xxxx, and YZ Products. Attachment B: LMI products] from the Invoice Date or as otherwise agreed to by the parties in the order. Seller's liability and BuyerXxxxx's remedy under this warranty are limited to the repair or replacement, at Seller's election, of goods or parts thereof returned to Seller which are shown to Seller's reasonable satisfaction to have been defective; provided that written notice of the defect is provided by Buyer to Seller within thirty (30) days of identification of defect. Transportation charges for the return of defective goods to Seller and their reshipment to Buyer and the risk of loss thereof will be borne by Seller only if returned in accordance with written shipping instructions from Seller. If services or data are to be furnished, Seller warrants to Buyer that such services will be performed, or such data prepared in a good workmanlike manner. Seller's liability and BuyerXxxxx's remedy under this warranty are limited to the correction of such services or data as are shown to Seller's reasonable satisfaction to have been defective; provided that written notice of such defective services or data has been provided by Buyer to Seller within thirty (30) days after the performance of such services or delivery of such data by Seller. (ii) Seller’s warranty does not extend to used product or products or services not manufactured or provided by Seller; however, Seller will provide to Buyer the benefits of any supplier’s warranty. (iii) Seller’s warranty does not extend to any product found to have been subjected to abnormal operating conditions, the use of unapproved parts to the extent such parts are found to be the cause of the failure, or failure to follow the installation, operation and maintenance instructions provided by Seller.

Appears in 1 contract

Samples: Standard Terms and Conditions of Sale

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