Common use of Disetronic Obligations Clause in Contracts

Disetronic Obligations. Disetronic shall have responsibility ---------------------- for handling Customer returns for allegedly non-conforming FreeStyle Products. Disetronic shall make no warranties with respect to any of the FreeStyle Products that exceed the warranty made by TheraSense to its customers. The warranty made by TheraSense to its customers may be changed by TheraSense at its sole discretion; as of the Effective Date, TheraSense warrants the Meters for five years. Disetronic shall receive an initial pool of warranty Meters *** for use solely to replace allegedly faulty Meters. Thereafter, Disetronic will forecast and order warranty Meters and Strips at no charge. In the event TheraSense is unable to replace an allegedly faulty product, TheraSense's sole and exclusive liability and Disetronic's exclusive remedy shall be to credit Disetronic's account for the net amount actually paid for any such FreeStyle Product. Disetronic shall dispose of returned FreeStyle Product as instructed by TheraSense. In the event the parties should not agree as to whether a certain Freestyle Product is faulty, then the parties shall select an independent laboratory which shall test such Product for conformance to the applicable Product Specification. The party whose position does not prevail upon such laboratory testing shall pay the costs associated with such testing.

Disetronic Obligations. Disetronic shall have responsibility ---------------------- for handling Customer returns for allegedly non-conforming FreeStyle Products. Disetronic shall make no warranties with respect to any of the FreeStyle Products that exceed the warranty made by TheraSense to its customers. The warranty made by TheraSense to its customers may be changed by TheraSense at its sole discretion; as of the Effective Date, TheraSense warrants the Meters for five years. Disetronic shall receive an initial pool of warranty Meters *** for use solely to replace allegedly faulty Meters. Thereafter, Disetronic will forecast and order warranty Meters and Strips at no charge. In the event TheraSense is unable to replace an allegedly faulty product, TheraSense's sole and exclusive liability and Disetronic's exclusive remedy shall be to credit Disetronic's account for the net amount actually paid for any such FreeStyle Product. Disetronic shall dispose of returned FreeStyle Product as instructed by TheraSense. In the event the parties should not agree as to whether a certain Freestyle Product is faulty, then the parties shall select an independent laboratory which shall test such Product for conformance to the applicable Product Specification. The party whose position does not prevail upon such laboratory testing shall pay the costs associated with such testing.