Common use of Equipment and Software Media Warranty Remedies Clause in Contracts

Equipment and Software Media Warranty Remedies. In case of a defect notified to RSA, RSA shall, at its option, either remedy the defect or replace the affected Product. If RSA is unable to effect such within a reasonable time and Customer has notified RSA in writing of the breach with the request to remedy the defect within a reasonable time period to no avail (whereby Customer shall grant to RSA a reasonable number of attempts (but no less than three) to cure the defect), then Customer has the right to reduce the remuneration or to rescind the purchase order for the Product concerned. Customer is entitled to the foregoing rights also without setting a grace period if RSA has seriously and definitely refused to cure a defect. If Customer rescinds the purchase order, RSA shall refund the amount paid by Customer for the Product concerned as depreciated on a straight-line basis over a five (5) year period, upon return of such Product to RSA. All replaced Products or portions thereof shall be returned to and be-come the property of RSA. If such replacement is not so returned, Customer shall pay RSA’s then current spare parts price therefore. RSA shall have no liability hereunder after expiration of the applicable warranty period.