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 RedSeal, RedSeal shall, at its option, either remedy the defect or replace the affected Product. If RedSeal is unable to effect such within a reasonable time and Customer has notified RedSeal 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 RedSeal 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 RedSeal has seriously and definitely refused to cure a defect. If Customer rescinds the purchase order, RedSeal 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 RedSeal. All replaced Products or portions thereof shall be returned to and be-come the property of RedSeal. If such replacement is not so returned, Customer shall pay RedSeal’s then current spare parts price therefore. RedSeal shall have no liability hereunder after expiration of the applicable warranty period.

Equipment and Software Media Warranty Remedies. In case of a defect notified to RedSealSecurID, RedSeal SecurID shall, at its option, either remedy the defect or replace the affected Product. If RedSeal SecurID is unable to effect such within a reasonable time and Customer has notified RedSeal SecurID 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 RedSeal SecurID 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 RedSeal SecurID has seriously and definitely refused to cure a defect. If Customer rescinds the purchase order, RedSeal SecurID 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 RedSealSecurID. All replaced Products or portions thereof shall be returned to and be-come the property of RedSealSecurID. If such replacement is not so returned, Customer shall pay RedSealSecurID’s then current spare parts price therefore. RedSeal SecurID shall have no liability hereunder after expiration of the applicable warranty period.

Equipment and Software Media Warranty Remedies. In case of a defect notified to RedSealNetWitness, RedSeal NetWitness shall, at its option, either remedy the defect or replace the affected Product. If RedSeal NetWitness is unable to effect such within a reasonable time and Customer has notified RedSeal NetWitness 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 RedSeal NetWitness 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 RedSeal NetWitness has seriously and definitely refused to cure a defect. If Customer rescinds the purchase order, RedSeal NetWitness 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 RedSealNetWitness. All replaced Products or portions thereof shall be returned to and be-come the property of RedSealNetWitness. If such replacement is not so returned, Customer shall pay RedSeal’s NetWitness’ then current spare parts price therefore. RedSeal NetWitness shall have no liability hereunder after expiration of the applicable warranty period.