Common use of Defective Products Clause in Contracts

Defective Products. Dead on Arrival (DOA). Tech Data shall have the right to --------------------------------------- return to NetIQ for Return Credit any DOA Product that is returned to Tech Data within ninety (90) days after the initial delivery date to the End User and any Product that fails to perform in accordance with NetIQ's Product warranty. NetIQ shall bear all costs of shipping and risk of loss of DOA and in-warranty Products to NetIQ's location and back to Tech Data or Tech Data's Customer.

Appears in 3 contracts

Samples: Software Distribution Agreement (Netiq Corp), Software Distribution Agreement (Netiq Corp), Software Distribution Agreement (Netiq Corp)

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Defective Products. Dead on Arrival (DOA). Tech Data shall have the right ---------------------------------------- to --------------------------------------- return to NetIQ VENDOR for Return Credit any DOA Product that is returned to Tech Data within ninety (90) days after the initial delivery date to the End User Tech Data's Customer and any Product that fails to perform in accordance with NetIQVENDOR's Product warranty. NetIQ VENDOR shall bear all costs of shipping and risk of loss of DOA and in-warranty Products to NetIQVENDOR's location and back to Tech Data or Tech Data's Customerlocation.

Appears in 2 contracts

Samples: Distribution Agreement (Sonicwall Inc), Distribution Agreement (Sonicwall Inc)

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