Common use of Equipment and Services Remedy Clause in Contracts

Equipment and Services Remedy. If a nonconformity to the foregoing warranty is discovered in the Equipment or Services during the applicable Warranty Remedy Period, as specified above, under normal and proper use and provided the Equipment has been properly stored, installed, operated, and maintained, and written notice containing a description of the nonconformity is provided to Extrel promptly after such discovery and within the applicable Warranty Remedy Period, Extrel shall, at its option, either: (i) repair or replace the nonconforming portion of the Equipment or re-perform the nonconforming Services; or (ii) refund the portion of the price applicable to the nonconforming portion of Equipment or Services. If any portion of the Equipment or Services so repaired, replaced or re-performed fails to conform to the foregoing warranty, and written notice of such nonconformity is provided to Extrel promptly after discovery and within the original Warranty Remedy Period applicable to such Equipment or Services or thirty (30) calendar days from completion of such repair, replacement or re-performance, whichever is later, Extrel will repair or replace such nonconforming Equipment or re-perform the nonconforming Services. The original Warranty Remedy Period will not otherwise be extended.

Equipment and Services Remedy. If a nonconformity to the foregoing warranty is discovered discov- ered in the Equipment or Services during the applicable Warranty Remedy Period, as specified speci- fied above, under normal and proper use and provided the Equipment has been properly stored, installed, operated, operated and maintained, maintained and written notice containing a description of the such nonconformity is provided pro- vided to Extrel ABB promptly after such discovery and within the applicable Warranty Remedy PeriodPe- riod, Extrel ABB shall, at its option, either: either (i) repair or replace the nonconforming portion of the Equipment or re-perform the nonconforming Services; Services or (ii) refund the portion of the price applicable ap- plicable to the nonconforming portion of Equipment or Services. If any portion of the Equipment Equip- ment or Services so repaired, replaced or re-performed fails to conform to the foregoing warrantywar- ranty, and written notice of such nonconformity is provided to Extrel ABB promptly after discovery and within the original Warranty Remedy Period applicable to such Equipment or Services or thirty (30) calendar days from completion of such repair, replacement or re-performance, whichever is later, Extrel ABB will repair or replace such nonconforming Equipment or re-perform the nonconforming noncon- forming Services. The original Warranty Remedy Period will shall not otherwise be extended.