Equipment Warranty. Except as otherwise provided in this Section 7, any Goods sold hereunder which (1) at the Installation Site, (2) have been properly installed and maintained by authorized persons, and (3) have been operated within the limits of rated and normal usage, are warranted to conform to Seller’s quoted Technical Specifications and to be free of defects in material and workmanship, as determined by Seller’s inspection, for a period of one year, or any purchased extended period, coming into effect upon Installation Completion. The terms of this warranty do not apply to any Goods which have a life, under normal usages, that is inherently less than one year. Product demonstrations, test parts, time studies, production estimates and other such particulars furnished to Buyer are only Seller’s estimate and do not create a warranty. Within the warranty period, Seller will repair or replace without cost to Buyer any product or parts covered by the warranty which Seller finds to be defective in material or workmanship, provided that the Buyer gives the Seller prompt notice. This shall be the sole and exclusive remedy of the Buyer under this warranty. To facilitate efficient warranty services delivery, Seller may in its sole discretion deliver to the Installation Site a variety of spare parts such as are reasonably believed to be of potential use in completing the Services (such spare parts, together with those parts removed for replacement during Warranty Services, being collectively “Seller’s Property.”) Buyer will cooperate with Seller in maintaining Seller’s Property in a secure location segregated from Buyer’s Equipment and Inventory during Services and in providing access during normal business hours for delivery and pick up. Seller is solely responsible for the packaging and cost of shipment of Seller’s Property to and from Buyer’s Installation Site. Should Buyer elect to retain any of the unused Spare Parts after close of Warranty Services mission, Buyer will be billed for such Parts at a discount of 5% off Seller’s List Price as of the date of retention. Services under this warranty are provided during normal business hours and using standard freight delivery. Services and delivery may be otherwise provided dependent upon availability and will be invoiced at TRUMPF Service rates in accordance with TRUMPF Service policies and practices, which are incorporated by reference herein. Seller shall not be liable under any warranty or other obligation if the alleged defect in the Goods does not exist or the defect or defective performance is caused in whole or in part by Buyer’s or any third party’s misuse, neglect, modifications or additions, the use of non- TRUMPF spare parts or consumables, unauthorized attempts to repair, or by accident or other hazard outside Seller’s control. Use of a non-TRUMPF spare part shall void the warranty if the TRUMPF spare part is available under the warranty free of charge. The warranty described herein is granted only to the original purchaser of the Goods and original purchaser’s specified end-user and is non-transferrable. DISCLAIMER OF OTHER WARRANTIES: THE WARRANTY DESCRIBED IN THIS PARAGRAPH 7 IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXCLUDED.
Appears in 3 contracts
Samples: www.trumpf.com, www.trumpf.com, www.trumpf.com
Equipment Warranty. Except as otherwise provided in this Section 7, any Goods sold hereunder which (1) at the Installation Site, (2) have been properly installed and maintained by authorized persons, and (3) have been operated within the limits of rated and normal usage, are warranted to conform to Seller’s quoted Technical Specifications and to be free of defects in material and workmanship, as determined by Seller’s inspection, for a period of one year, or any purchased extended period, coming into effect upon Installation Completion. The terms of this warranty do not apply to any Goods which have a life, under normal usages, that is inherently less than one year. Product demonstrations, test parts, time studies, production estimates and other such particulars furnished to Buyer are only Seller’s estimate and do not create a warranty. Within the warranty period, Seller will repair or replace without cost to Buyer any product or parts covered by the warranty which Seller finds to be defective in material or workmanship, provided that the Buyer gives the Seller prompt notice. This shall be the sole and exclusive remedy of the Buyer under this warranty. If Buyer licenses Applications Software to be delivered with Equipment at time of installation, at the end of the Applications Software warranty period Buyer shall receive a free of charge Software Service Agreement for the balance of the Equipment Warranty period. To facilitate efficient warranty services delivery, Seller may in its sole discretion deliver to the Installation Site a variety of spare parts such as are reasonably believed to be of potential use in completing the Services (such spare parts, together with those parts removed for replacement during Warranty Services, being collectively “Seller’s Property.”) Buyer will cooperate with Seller in maintaining Seller’s Property in a secure location segregated from Buyer’s Equipment and Inventory during Services and in providing access during normal business hours for delivery and pick up. Seller is solely responsible for the packaging and cost of shipment of Seller’s Property to and from Buyer’s Installation Site. Should Buyer elect to retain any of the unused Spare Parts after close of Warranty Services mission, Buyer will be billed for such Parts at a discount of 5% off Seller’s List Price as of the date of retention. Services under this warranty are provided during normal business hours and using standard freight delivery. Services and delivery may be otherwise provided dependent upon availability and will be invoiced at TRUMPF Service rates in accordance with TRUMPF Service policies and practices, which are incorporated by reference herein. Seller shall not be liable under any warranty or other obligation if the alleged defect in the Goods does not exist or the defect or defective performance is caused in whole or in part by Buyer’s or any third party’s misuse, neglect, modifications or additions, the use of non- TRUMPF spare parts or consumables, unauthorized attempts to repair, or by accident or other hazard outside Seller’s control. Use of a non-TRUMPF spare part shall void the warranty if the TRUMPF spare part is available under the warranty free of charge. The warranty described herein is granted only to the original purchaser of the Goods and original purchaser’s specified end-user and is non-transferrable. DISCLAIMER OF OTHER WARRANTIES: THE WARRANTY DESCRIBED IN THIS PARAGRAPH SECTION 7 IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXCLUDED.
Appears in 3 contracts
Samples: www.trumpf.com, www.trumpf.com, www.trumpf.com
Equipment Warranty. Except as otherwise provided Company warrants that Purchaser shall acquire Equipment purchased hereunder free and clear of all liens and encumbrances except for Company's purchase money security interest defined in this Section 7Articles I, any Goods sold hereunder which (1) at the Installation Site4, (2) have been properly installed and maintained by authorized persons, and (3) have been operated within the limits of rated and normal usage, are warranted to conform to Seller’s quoted Technical Specifications and above. Company further warrants all Equipment to be free of from defects in material or workmanship under normal use and workmanship, as determined by Seller’s inspection, service for a period of one year[e.g., or any purchased extended period, coming into effect upon Installation Completion. The terms of this warranty do not apply to any Goods which have a life, under normal usages, that is inherently less than one year. Product demonstrations, test parts, time studies, production estimates and other such particulars furnished to Buyer are only Seller’s estimate and do not create a warranty. Within the warranty period, Seller will repair or replace without cost to Buyer any product or parts covered by the warranty which Seller finds to be defective in material or workmanship, provided that the Buyer gives the Seller prompt notice. This shall be the sole and exclusive remedy of the Buyer under this warranty. To facilitate efficient warranty services delivery, Seller may in its sole discretion deliver to the Installation Site a variety of spare parts such as are reasonably believed to be of potential use in completing the Services three hundred sixty (such spare parts, together with those parts removed for replacement during Warranty Services, being collectively “Seller’s Property.”360) Buyer will cooperate with Seller in maintaining Seller’s Property in a secure location segregated days] from Buyer’s Equipment and Inventory during Services and in providing access during normal business hours for delivery and pick up. Seller is solely responsible for the packaging and cost of shipment of Seller’s Property to and from Buyer’s Installation Site. Should Buyer elect to retain any of the unused Spare Parts after close of Warranty Services mission, Buyer will be billed for such Parts at a discount of 5% off Seller’s List Price as of the date of retentiondelivery. Services under All repair covered by this warranty are provided during normal business hours must be done at Company's factory, or other such warranty repair facilities of Company as designated by Company unless Company specifically directs that this service be performed at another location. Any defect corrected within three hundred sixty (360) days and using standard freight delivery. Services and delivery may found to be otherwise provided dependent upon availability and within this scope of the warranty will be invoiced at TRUMPF Service rates repaired by Company and all charges for labor and material, will be borne by Company. If it is determined that either no fault exists in accordance with TRUMPF Service policies and practicesCompany, which are incorporated by reference herein. Seller shall not be liable under any warranty or other obligation if the alleged defect in the Goods does not exist or the defect damage to be repaired was caused by negligence of Purchaser, its agents, employees or defective performance is caused in whole or in part by Buyer’s or any third party’s misusecustomers, neglect, modifications or additions, the use of non- TRUMPF spare parts or consumables, unauthorized attempts Purchaser agrees to pay all charges associated with each such repair, or by accident or other hazard outside Seller’s control. Use of a non-TRUMPF spare part shall void the warranty if the TRUMPF spare part is available under the warranty free of charge. The warranty described herein is granted only to the original purchaser of the Goods and original purchaser’s specified end-user and is non-transferrable. DISCLAIMER OF OTHER WARRANTIES: THIS CONSTITUTES THE SOLE WARRANTY DESCRIBED IN THIS PARAGRAPH 7 IS IN LIEU OF ALL OTHER WARRANTIES, MADE BY COMPANY EITHER EXPRESSED OR IMPLIED. THERE ARE NO OTHER WARRANTIES EXPRESSED OR IMPLIED WHICH EXTEND BEYOND THE FACE HEREOF, INCLUDINGHEREIN, BUT NOT LIMITED TO, ANY INCLUDING THE IMPLIED WARRANTY WARRANTIES OF MERCHANTABILITY OR AND FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXCLUDED. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES AND PURCHASER'S REMEDIES SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF NONCONFORMING UNITS OR PARTS.
Appears in 2 contracts
Samples: Purchase and Licensing Agreement (World Moto, Inc.), Purchase and Licensing Agreement (World Moto, Inc.)
Equipment Warranty. Except as otherwise provided in this Section 7, any Goods Any Equipment sold hereunder which (1) at the Installation Siteinstallation site, (2) have been properly installed and maintained by authorized persons, and (3) have been operated within the limits of rated and normal usage, are warranted to conform to Seller’s quoted Technical Specifications and to be free of defects in material and workmanship, as determined by Seller’s inspection, for a period of one year, or any purchased extended period, coming into effect upon Installation Completioninstallation completion. To further facilitate efficient warranty services if the Goods are sold as a Smart Factory, the warranty will come into effect upon installation completion. If the Buyer places a portion of the Smart Factory Equipment into production, the warranty will cover that Equipment one year after the entire Smart factory’s installation is completed but in no event longer than eighteen (18) months from the date the Buyer placed that Equipment into production. The terms of this warranty do not apply to any Goods which have a life, under normal usages, that is inherently less than one year. Product demonstrations, test parts, time studies, production estimates and other such particulars furnished to Buyer are only Seller’s estimate and do not create a warranty. Within the warranty period, Seller will repair or replace without cost to Buyer any product or parts covered by the warranty which Seller finds to be defective in material or workmanship, provided that the Buyer gives the Seller prompt notice. This shall be the sole and exclusive remedy of the Buyer under this warranty. If Buyer licenses Applications Software to be delivered with Equipment at time of installation, at the end of the Applications Software warranty period Buyer shall receive a Software Service Agreement for the balance of the Equipment Warranty period. T To facilitate efficient warranty services delivery, Seller may in its sole discretion deliver to the Installation Site a variety of spare parts such as are reasonably believed to be of potential use in completing the Services (such spare parts, together with those parts removed for replacement during Warranty Services, being collectively “Seller’s Property.”) Buyer will cooperate with Seller in maintaining Seller’s Property in a secure location segregated from Buyer’s Equipment and Inventory during Services and in providing access during normal business hours for delivery and pick up. Seller is solely responsible for the packaging and cost of shipment of Seller’s Property to and from Buyer’s Installation Site. Should Buyer elect to retain any of the unused Spare Parts after close of Warranty Services mission, Buyer will be billed for such Parts at a discount of 5% off Seller’s List Price as of the date of retention. Services under this warranty are provided during normal business hours and using standard freight delivery. Services and delivery may be otherwise provided dependent upon availability and will be invoiced at TRUMPF Service rates in accordance with TRUMPF Service policies and practices, which are incorporated by reference herein. Seller shall not be liable under any warranty or other obligation if the alleged defect in the Goods does not exist or the defect or defective performance is caused in whole or in part by Buyer’s or any third party’s misuse, neglect, modifications or additions, the use of non- non-TRUMPF spare parts or consumables, unauthorized attempts to repair, or by accident or other hazard outside Seller’s control. Use of a non-TRUMPF spare part shall void the warranty if the TRUMPF spare part is available under the warranty free of charge. The warranty described herein is granted only to the original purchaser of the Goods and original purchaser’s specified end-user and is non-non- transferrable. DISCLAIMER OF OTHER WARRANTIES: THE WARRANTY DESCRIBED IN THIS PARAGRAPH SECTION 7 IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXCLUDED.
Appears in 2 contracts
Samples: www.trumpf.com, www.trumpf.com
Equipment Warranty. Except as otherwise provided in this Section 7, any Goods sold hereunder which For a one (1) at year period from date of Acceptance (the Installation Site"Warranty Period"), Company warrants that the Equipment provided to Buyer pursuant to this Agreement shall be free from defects in material, manufacturing workmanship, and title, and that the Equipment will operate in conformance with the Specifications set forth in Exhibit C and will operate as described in all marketing and advertising materials provided to Buyer (2the "Warranty"). The Warranty also shall apply to any replacement part or to any Enhancement. Further, Company warrants that all service repairs shall be free from defects in materials and workmanship for the greater of (i) have been the balance of the Warranty Period or (ii) ninety (90) days after the date the repair is completed. To enable Company to properly installed and maintained by authorized personsadminister the Warranty, Buyer shall (i) promptly notify Company of any claim hereunder, and (3ii) have been operated within provide Company with the limits of rated opportunity to inspect and normal usage, are warranted to conform to Seller’s quoted Technical Specifications and test parts claimed by Buyer to be defective. Defective Equipment will be shipped by Buyer to Company’s Technical Service Center under Company’s Loaner program. Under this program Buyer will inform Company of defective Equipment in order to have a “Loaner” piece of equipment shipped to Buyer within twenty-four (24) hours of such notification. Buyer will have full use of the Loaner equipment until defective Equipment has been repaired or replaced and received by Buyer. If during the Warranty Period and after trouble-shooting assistance from Company, it is Buyer's opinion that on-site service is required, warranty service will be available from Company, free of defects charge, on an appointment basis, Monday through Friday, 8:00 a.m. to 5:00 p.m. During the Warranty Period, Company shall provide to Buyer, without additional charge, 24-hour a day, 365-day a year access to a toll-free health care professional hotline for questions and trouble-shooting assistance. EXHIBIT F Vendor Full Disclosure Statement THE XXXXX XXXXXXX HEALTH SYSTEM CORPORATION PURCHASING POLICY It is the policy of The Xxxxx Xxxxxxx Health System Corporation ("JHHS") to conduct its purchasing activities in material accordance with all applicable state and workmanshipfederal laws and regulations regarding the purchasing of goods or services, as determined by Seller’s inspectionincluding, for a period but not limited to, applicable requirements of one yearthe Medicare and Medicaid programs. In addition, all JHHS officers, directors, employees, staff or any purchased extended periodagents ("JHHS Personnel") are required to act fairly, coming into effect upon Installation Completionobjectively and in the best interests of JHHS when conducting business with vendors on behalf of JHHS. The terms JHHS's selection of this warranty do not apply to any Goods which have a lifevendors is based on quality, under normal usagesprice, that is inherently less than one year. Product demonstrations, test parts, time studies, production estimates services offered and other such particulars furnished to Buyer are only Seller’s estimate and do not create features of a warrantycompetitive marketplace. Within the warranty periodAs used herein, Seller will repair or replace without cost to Buyer any product or parts covered by the warranty which Seller finds to be defective in material or workmanshipJHHS shall comprise, provided that the Buyer gives the Seller prompt notice. This shall be the sole and exclusive remedy of the Buyer under this warranty. To facilitate efficient warranty services deliverycollectively, Seller may in its sole discretion deliver to the Installation Site a variety of spare parts such as are reasonably believed to be of potential use in completing the Services (such spare partsJHHS, together with those parts removed for replacement during Warranty the following affiliated entities: The Xxxxx Xxxxxxx Hospital, Xxxxx Xxxxxxx Bayview Medical Center, Inc., Xxxxx Xxxxxxx Medical Services Corporation, Xxxxx Xxxxxxx Home Care Group, Inc., Xxxxx Xxxxxxx Pediatrics At Home, Inc., Xxxxx Xxxxxxx Home Health Services, being collectively “Seller’s Property.”Inc., Xxxxx Xxxxxxx Pharmaquip, Inc., Xxxxxx County General Hospital, Inc., and Xxxxx Xxxxxxx Community Physicians, Inc. GIFTS, SERVICES OR CONSIDERATION Vendor shall submit written notification to JHHS, and receive approval from the JHHS Purchasing Department, prior to providing JHHS Personnel with any "Gifts, Services or Consideration" valued in excess of Fifteen Dollars ($15.00). "Gifts, Services or Consideration" includes, but is not limited to: gifts, gratuities, social entertainment offered or sponsored by the vendor, samples, consulting and research activities, vendor-sponsored travel, educational conferences, seminars, other business courtesies and warranties, discounts and any additional items or services not described in the Agreement. "Gifts, Services or Consideration" does not include items valued less than Fifteen Dollars ($15.00) Buyer will cooperate with Seller in maintaining Seller’s Property in a secure location segregated from Buyer’s Equipment and Inventory during Services and in providing access during normal business hours for delivery and pick up. Seller is solely responsible for the packaging and cost of shipment of Seller’s Property to and from Buyer’s Installation Site. Should Buyer elect to retain any of the unused Spare Parts after close of Warranty Services mission(such as pens, Buyer will be billed for such Parts at a discount of 5% off Seller’s List Price as of the date of retention. Services under this warranty are provided during normal business hours and using standard freight delivery. Services and delivery may be otherwise provided dependent upon availability and will be invoiced at TRUMPF Service rates in accordance with TRUMPF Service policies and practicescoffee mugs, which are incorporated by reference herein. Seller shall not be liable under any warranty calendars or other obligation if the alleged defect in the Goods does not exist small promotional or the defect or defective performance is caused in whole or in part by Buyer’s or any third party’s misuse, neglect, modifications or additions, the use of non- TRUMPF spare parts or consumables, unauthorized attempts to repair, or by accident or other hazard outside Seller’s control. Use of a non-TRUMPF spare part shall void the warranty if the TRUMPF spare part is available under the warranty free of chargenovelty items). The warranty described herein written notice is granted only to the original purchaser of the Goods and original purchaser’s specified end-user and is non-transferrable. DISCLAIMER OF OTHER WARRANTIESbe sent to: THE WARRANTY DESCRIBED IN THIS PARAGRAPH 7 IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXCLUDED.The Xxxxx Xxxxxxx Health System With a copy to: Corporation The Xxxxx Xxxxxxx Health System Attention: Xxxx Xxxxxxx Corporation
Appears in 2 contracts
Samples: Purchase and Sale Agreement, Purchase and Sale Agreement
Equipment Warranty. Except as otherwise provided in this Section 7In addition to the warranty stated on Buyer’s PO terms and conditions, any Goods sold Supplier warrants that all Equipment supplied hereunder which (1) at the Installation Siteand all Software, (2) have been properly installed parts and maintained by authorized persons, components thereof will be of good quality and (3) have been operated within the limits of rated and normal usage, are warranted to conform to Seller’s quoted Technical Specifications and to be free of from defects in material and workmanship, as determined by Seller’s inspection, workmanship for a period of one yearthree (3) years from the Final Acceptance Date or Supplier’s published warranty, whichever is longer. Such warranties shall survive any inspection, delivery, acceptance or payment by Buyer of such Equipment and services, and shall survive the expiration or termination of the PO. Such warranties, together with all other express and implied warranties of Supplier, shall run in favor of Buyer, its successors and assigns. Buyer may charge Supplier all expenses of inspecting, unpackaging, examining, repacking, storing and re-shipping any purchased extended period, coming into effect upon Installation Completiondefective or nonconforming Equipment. The terms Prior testing periods of this warranty do Equipment shall not apply to any Goods which have a life, under normal usages, that is inherently less than one year. Product demonstrations, test parts, time studies, production estimates and other such particulars furnished to Buyer are only Seller’s estimate and do not create a warranty. Within start the running of the warranty period, Seller will . Supplier agrees to repair Equipment or to replace without cost to Buyer any product or necessary parts covered by at Buyer’s site at no charge during the warranty which Seller finds to be defective in material or workmanship, provided that period. When repairs are required the Buyer gives the Seller prompt notice. This warranty period shall be interrupted for the sole repair period. The warranty period will resume when the Equipment is again in complete and exclusive remedy full-time operation according to the Acceptance Criteria. In the event Supplier fails to respond to any of its obligations under this warranty within a reasonable period of time or to complete any warranty work within a timely manner as deemed by Buyer given the facts and circumstances, Buyer shall have the right to perform the necessary corrective action or repairs necessary by itself or by retaining a third party. In such cases, Supplier will be charged any and all direct costs incurred by Buyer to perform the work covered under this warranty. To facilitate efficient warranty services deliveryNotwithstanding the foregoing, Seller where the failure or any delay to correct such failure may in its sole discretion deliver result or threatens to create significant liability or damages or unreasonable costs to Buyer if not immediately repaired, Buyer shall have the right, without notice to Supplier, to immediately perform the necessary repairs or corrective action by itself or through a third party, and Supplier agrees to reimburse Buyer for any and all direct costs incurred by Buyer relating to the Installation Site a variety performance of spare parts such as are reasonably believed to be of potential use in completing the Services (such spare parts, together with those parts removed for replacement during Warranty Services, being collectively “Seller’s Propertywork.”) Buyer will cooperate with Seller in maintaining Seller’s Property in a secure location segregated from Buyer’s Equipment and Inventory during Services and in providing access during normal business hours for delivery and pick up. Seller is solely responsible for the packaging and cost of shipment of Seller’s Property to and from Buyer’s Installation Site. Should Buyer elect to retain any of the unused Spare Parts after close of Warranty Services mission, Buyer will be billed for such Parts at a discount of 5% off Seller’s List Price as of the date of retention. Services under this warranty are provided during normal business hours and using standard freight delivery. Services and delivery may be otherwise provided dependent upon availability and will be invoiced at TRUMPF Service rates in accordance with TRUMPF Service policies and practices, which are incorporated by reference herein. Seller shall not be liable under any warranty or other obligation if the alleged defect in the Goods does not exist or the defect or defective performance is caused in whole or in part by Buyer’s or any third party’s misuse, neglect, modifications or additions, the use of non- TRUMPF spare parts or consumables, unauthorized attempts to repair, or by accident or other hazard outside Seller’s control. Use of a non-TRUMPF spare part shall void the warranty if the TRUMPF spare part is available under the warranty free of charge. The warranty described herein is granted only to the original purchaser of the Goods and original purchaser’s specified end-user and is non-transferrable. DISCLAIMER OF OTHER WARRANTIES: THE WARRANTY DESCRIBED IN THIS PARAGRAPH 7 IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXCLUDED.
Appears in 2 contracts
Samples: www.jabil.mx, www.jabil.com
Equipment Warranty. Except as otherwise provided in this Section 7, any Goods sold hereunder which (1) at the Installation Site, (2) have been properly installed and maintained by authorized persons, and (3) have been operated within the limits of rated and normal usage, are warranted to conform to Seller’s quoted Technical Specifications and to be free of defects in material and workmanship, as determined by Seller’s inspection, for a period of one year, or any purchased extended period, coming into effect upon Installation Completion. The terms of this warranty do not apply to any Goods which have a life, under normal usages, that is inherently less than one year. Product demonstrations, test parts, time studies, production estimates and other such particulars furnished to Buyer are only Seller’s estimate and do not create a warranty. Within the warranty period, Seller will repair or replace without cost to Buyer any product or parts covered by the warranty which Seller finds to be defective in material or workmanship, provided that the Buyer gives the Seller prompt notice. This shall be the sole and exclusive remedy of the Buyer under this warranty. If Buyer licenses Applications Software to be delivered with Equipment at time of installation, at the end of the Applications Software warranty period Buyer shall receive a free of charge Software Service Agreement for the balance of the Equipment Warranty period. To facilitate efficient warranty services delivery, Seller may in its sole discretion deliver to the Installation Site a variety of spare parts such as are reasonably believed to be of potential use in completing the Services (such spare parts, together with those parts removed for replacement during Warranty Services, being collectively “Seller’s Property.”) Buyer will cooperate with Seller in maintaining Seller’s Property in a secure location segregated from Buyer’s Equipment and Inventory during Services and in providing access during normal business hours for delivery and pick up. Seller is solely responsible for the packaging and cost of shipment of Seller’s Property to and from Buyer’s Installation Site. Should Buyer elect to retain any of the unused Spare Parts after close of Warranty Services mission, Buyer will be billed for such Parts at a discount of 5% off Seller’s List Price as of the date of retention. Services under this warranty are provided during normal business hours and using standard freight delivery. Services and delivery may be otherwise provided dependent upon availability and will be invoiced at TRUMPF Service rates in accordance with TRUMPF Service policies and practices, which are incorporated by reference herein. Seller shall not be liable under any warranty or other obligation if the alleged defect in the Goods does not exist or the defect or defective performance is caused in whole or in part by Buyer’s or any third party’s misuse, neglect, modifications or additions, the use of non- TRUMPF spare parts or consumables, unauthorized attempts to repair, or by accident or other hazard outside Seller’s control. Use of a non-TRUMPF spare part shall void the warranty if the TRUMPF spare part is available under the warranty free of charge. The warranty described herein is granted only to the original purchaser of the Goods and original purchaser’s specified end-user and is non-transferrable. DISCLAIMER OF OTHER WARRANTIES: THE WARRANTY DESCRIBED IN THIS PARAGRAPH 7 IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXCLUDED.
Appears in 2 contracts
Samples: www.trumpf.com, www.trumpf.com
Equipment Warranty. Except as otherwise provided in this Section 7In addition to the warranty stated on Xxxxx’s PO terms and conditions, any Goods sold Supplier warrants that all Equipment supplied hereunder which (1) at the Installation Siteand all Software, (2) have been properly installed parts and maintained by authorized persons, components thereof will be of good quality and (3) have been operated within the limits of rated and normal usage, are warranted to conform to Seller’s quoted Technical Specifications and to be free of from defects in material and workmanship, as determined by Seller’s inspection, workmanship for a period of one yearthree (3) years from the Final Acceptance Date or Supplier’s published warranty, whichever is longer. Such warranties shall survive any inspection, delivery, acceptance or payment by Buyer of such Equipment and services, and shall survive the expiration or termination of the PO. Such warranties, together with all other express and implied warranties of Supplier, shall run in favor of Xxxxx, its successors and assigns. Buyer may charge Supplier all expenses of inspecting, unpackaging, examining, repacking, storing and re-shipping any purchased extended period, coming into effect upon Installation Completiondefective or nonconforming Equipment. The terms Prior testing periods of this warranty do Equipment shall not apply to any Goods which have a life, under normal usages, that is inherently less than one year. Product demonstrations, test parts, time studies, production estimates and other such particulars furnished to Buyer are only Seller’s estimate and do not create a warranty. Within start the running of the warranty period, Seller will . Supplier agrees to repair Equipment or to replace without cost to Buyer any product or necessary parts covered by at Buyer’s site at no charge during the warranty which Seller finds to be defective in material or workmanship, provided that period. When repairs are required the Buyer gives the Seller prompt notice. This warranty period shall be interrupted for the sole repair period. The warranty period will resume when the Equipment is again in complete and exclusive remedy full-time operation according to the Acceptance Criteria. In the event Supplier fails to respond to any of its obligations under this warranty within a reasonable period of time or to complete any warranty work within a timely manner as deemed by Buyer given the facts and circumstances, Buyer shall have the right to perform the necessary corrective action or repairs necessary by itself or by retaining a third party. In such cases, Supplier will be charged any and all direct costs incurred by Buyer to perform the work covered under this warranty. To facilitate efficient warranty services deliveryNotwithstanding the foregoing, Seller where the failure or any delay to correct such failure may in its sole discretion deliver result or threatens to create significant liability or damages or unreasonable costs to Buyer if not immediately repaired, Buyer shall have the right, without notice to Supplier, to immediately perform the necessary repairs or corrective action by itself or through a third party, and Supplier agrees to reimburse Buyer for any and all direct costs incurred by Buyer relating to the Installation Site a variety performance of spare parts such as are reasonably believed to be of potential use in completing the Services (such spare parts, together with those parts removed for replacement during Warranty Services, being collectively “Seller’s Propertywork.”) Buyer will cooperate with Seller in maintaining Seller’s Property in a secure location segregated from Buyer’s Equipment and Inventory during Services and in providing access during normal business hours for delivery and pick up. Seller is solely responsible for the packaging and cost of shipment of Seller’s Property to and from Buyer’s Installation Site. Should Buyer elect to retain any of the unused Spare Parts after close of Warranty Services mission, Buyer will be billed for such Parts at a discount of 5% off Seller’s List Price as of the date of retention. Services under this warranty are provided during normal business hours and using standard freight delivery. Services and delivery may be otherwise provided dependent upon availability and will be invoiced at TRUMPF Service rates in accordance with TRUMPF Service policies and practices, which are incorporated by reference herein. Seller shall not be liable under any warranty or other obligation if the alleged defect in the Goods does not exist or the defect or defective performance is caused in whole or in part by Buyer’s or any third party’s misuse, neglect, modifications or additions, the use of non- TRUMPF spare parts or consumables, unauthorized attempts to repair, or by accident or other hazard outside Seller’s control. Use of a non-TRUMPF spare part shall void the warranty if the TRUMPF spare part is available under the warranty free of charge. The warranty described herein is granted only to the original purchaser of the Goods and original purchaser’s specified end-user and is non-transferrable. DISCLAIMER OF OTHER WARRANTIES: THE WARRANTY DESCRIBED IN THIS PARAGRAPH 7 IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXCLUDED.
Appears in 2 contracts
Samples: www.jabil.com, www.jabil.com
Equipment Warranty. Except as otherwise provided In addition to the warranty stated in this Section 7the GTCs, any Goods sold Supplier warrants that all Equipment supplied hereunder which (1) at the Installation Siteand all Software, (2) have been properly installed parts and maintained by authorized persons, components thereof will be of good quality and (3) have been operated within the limits of rated and normal usage, are warranted to conform to Seller’s quoted Technical Specifications and to be free of from defects in material and workmanship, as determined by Seller’s inspection, workmanship for a period of one yearthree (3) years from the Final Acceptance Date or Supplier’s published warranty, whichever is longer (the “Warranty Period”). Such warranties shall survive any inspection, delivery, acceptance or payment by Buyer of such Equipment and Services, and shall survive the expiration or termination (including cancellation) of the PO or the Agreement. Such warranties, together with all other express and implied warranties of Supplier, shall run in favor of Xxxxx, its successors and assigns. Buyer may charge Supplier all expenses of inspecting, unpackaging, examining, repacking, storing, returning and re-shipping any purchased extended defective or nonconforming Equipment. Any testing of Equipment, which is prior to the Final Acceptance, shall not start the running of the Warranty Period. Supplier agrees to repair Equipment or to replace any necessary parts at the premises designated by Buyer at no charge during the Warranty Period. When repairs are required, the Warranty Period shall be interrupted for the repair period, coming into effect upon Installation Completion. The terms Warranty Period will resume when the Equipment is again in complete and full-time operation according to the Equipment Specification. In the event Supplier fails to respond to any of its obligations under this warranty do not apply within a reasonable period of time or to complete any Goods which warranty work within a timely manner as deemed by Buyer given the facts and circumstances, Buyer shall have the right to perform the necessary corrective action or repairs necessary by itself or by retaining a lifethird party. In such cases, under normal usages, that is inherently less than one year. Product demonstrations, test parts, time studies, production estimates Supplier will be charged any and other such particulars furnished all costs incurred by Buyer to Buyer are only Seller’s estimate and do not create a warranty. Within perform the warranty period, Seller will repair or replace without cost to Buyer any product or parts work covered by the warranty which Seller finds to be defective in material or workmanship, provided that the Buyer gives the Seller prompt notice. This shall be the sole and exclusive remedy of the Buyer under this warranty. To facilitate efficient warranty services deliveryNotwithstanding the foregoing, Seller where the failure or any delay to correct such failure may in its sole discretion deliver result or threatens to create significant liability or damages or costs to Buyer if not immediately repaired, Buyer shall have the right, without notice to Supplier, to immediately perform the necessary repairs or corrective action by itself or through a third party, and Supplier agrees to reimburse Buyer for any and all costs incurred by Buyer relating to the Installation Site a variety performance of spare parts such as are reasonably believed to be of potential use in completing the Services (such spare parts, together with those parts removed for replacement during Warranty Services, being collectively “Seller’s Propertywork.”) Buyer will cooperate with Seller in maintaining Seller’s Property in a secure location segregated from Buyer’s Equipment and Inventory during Services and in providing access during normal business hours for delivery and pick up. Seller is solely responsible for the packaging and cost of shipment of Seller’s Property to and from Buyer’s Installation Site. Should Buyer elect to retain any of the unused Spare Parts after close of Warranty Services mission, Buyer will be billed for such Parts at a discount of 5% off Seller’s List Price as of the date of retention. Services under this warranty are provided during normal business hours and using standard freight delivery. Services and delivery may be otherwise provided dependent upon availability and will be invoiced at TRUMPF Service rates in accordance with TRUMPF Service policies and practices, which are incorporated by reference herein. Seller shall not be liable under any warranty or other obligation if the alleged defect in the Goods does not exist or the defect or defective performance is caused in whole or in part by Buyer’s or any third party’s misuse, neglect, modifications or additions, the use of non- TRUMPF spare parts or consumables, unauthorized attempts to repair, or by accident or other hazard outside Seller’s control. Use of a non-TRUMPF spare part shall void the warranty if the TRUMPF spare part is available under the warranty free of charge. The warranty described herein is granted only to the original purchaser of the Goods and original purchaser’s specified end-user and is non-transferrable. DISCLAIMER OF OTHER WARRANTIES: THE WARRANTY DESCRIBED IN THIS PARAGRAPH 7 IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXCLUDED.
Appears in 2 contracts
Samples: www.jabil.com, www.jabil.com
Equipment Warranty. Except as otherwise provided in this Section 7In addition to the warranty stated on Buyer’s PO terms and conditions, any Goods sold hereunder which (1) at the Installation Site, (2) have been properly installed and maintained by authorized personsSupplier warrants that all Equipment supplied hereunder, and (3) have been operated within the limits all Software, parts and components thereof will be of rated good quality and normal usage, are warranted to conform to Seller’s quoted Technical Specifications and to be free of from defects in material and workmanship, as determined by Seller’s inspection, workmanship for a period of one yearthree (3) years from the Final Acceptance Date or Supplier’s published warranty, whichever is longer. Such warranties shall survive any inspection, delivery, acceptance or payment by Buyer of such Equipment and services and shall survive the expiration or termination of the PO. Such warranties, together with all other express and implied warranties of Supplier, shall run in favor of Xxxxx, its successors, and assigns. Buyer may charge Supplier all expenses of inspecting, unpackaging, examining, repacking, storing, and re-shipping any purchased extended period, coming into effect upon Installation Completiondefective or nonconforming Equipment. The terms Prior testing periods of this warranty do Equipment shall not apply to any Goods which have a life, under normal usages, that is inherently less than one year. Product demonstrations, test parts, time studies, production estimates and other such particulars furnished to Buyer are only Seller’s estimate and do not create a warranty. Within start the running of the warranty period, Seller will . Supplier agrees to repair Equipment or to replace without cost to Buyer any product or necessary parts covered by at Buyer’s site at no charge during the warranty which Seller finds to be defective in material or workmanship, provided that period. When repairs are required the Buyer gives the Seller prompt notice. This warranty period shall be interrupted for the sole repair period. The warranty period will resume when the Equipment is again in complete and exclusive remedy full-time operation according to the Acceptance Criteria. In the event Supplier fails to respond to any of its obligations under this warranty within a reasonable period of time or to complete any warranty work within a timely manner as deemed by Buyer given the facts and circumstances, Buyer shall have the right to perform the necessary corrective action or repairs necessary by itself or by retaining a third party. In such cases, Supplier will be charged any and all direct costs incurred by Buyer to perform the work covered under this warranty. To facilitate efficient warranty services deliveryNotwithstanding the foregoing, Seller where the failure or any delay to correct such failure may in its sole discretion deliver result or threatens to create significant liability or damages or unreasonable costs to Buyer if not immediately repaired, Buyer shall have the right, without notice to Supplier, to immediately perform the necessary repairs or corrective action by itself or through a third party, and Supplier agrees to reimburse Buyer for any and all direct costs incurred by Buyer relating to the Installation Site a variety performance of spare parts such as are reasonably believed to be of potential use in completing the Services (such spare parts, together with those parts removed for replacement during Warranty Services, being collectively “Seller’s Propertywork.”) Buyer will cooperate with Seller in maintaining Seller’s Property in a secure location segregated from Buyer’s Equipment and Inventory during Services and in providing access during normal business hours for delivery and pick up. Seller is solely responsible for the packaging and cost of shipment of Seller’s Property to and from Buyer’s Installation Site. Should Buyer elect to retain any of the unused Spare Parts after close of Warranty Services mission, Buyer will be billed for such Parts at a discount of 5% off Seller’s List Price as of the date of retention. Services under this warranty are provided during normal business hours and using standard freight delivery. Services and delivery may be otherwise provided dependent upon availability and will be invoiced at TRUMPF Service rates in accordance with TRUMPF Service policies and practices, which are incorporated by reference herein. Seller shall not be liable under any warranty or other obligation if the alleged defect in the Goods does not exist or the defect or defective performance is caused in whole or in part by Buyer’s or any third party’s misuse, neglect, modifications or additions, the use of non- TRUMPF spare parts or consumables, unauthorized attempts to repair, or by accident or other hazard outside Seller’s control. Use of a non-TRUMPF spare part shall void the warranty if the TRUMPF spare part is available under the warranty free of charge. The warranty described herein is granted only to the original purchaser of the Goods and original purchaser’s specified end-user and is non-transferrable. DISCLAIMER OF OTHER WARRANTIES: THE WARRANTY DESCRIBED IN THIS PARAGRAPH 7 IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXCLUDED.
Appears in 1 contract
Samples: www.jabil.com
Equipment Warranty. Except as otherwise provided in this Section 7, any Goods sold hereunder which For a one (1) at year period from date of Acceptance (the Installation Site"Warranty Period"), Seller warrants that the Equipment provided to Buyer pursuant to this Agreement shall be free from defects in material, manufacturing workmanship, and title, and that the Equipment will operate in conformance with the Specifications set forth in Schedule A and will operate as described in all marketing and advertising materials provided to Buyer (2the "Warranty"). The Warranty also shall apply to any replacement part or to any Enhancement. Further, Seller warrants that all service repairs shall be free from defects in materials and workmanship for the greater of (i) have been the balance of the Warranty Period or (ii) ninety (90) days after the date the repair is completed. To enable Seller to properly installed and maintained by authorized personsadminister the Warranty, Buyer shall (i) promptly notify Seller of any claim hereunder, and (3ii) have been operated within provide Seller with the limits of rated opportunity to inspect and normal usage, are warranted to conform to Seller’s quoted Technical Specifications and test parts claimed by Buyer to be free of defects in material and workmanship, as determined by Seller’s inspection, for a period of one year, or any purchased extended period, coming into effect upon Installation Completiondefective. The terms of this warranty do not apply to any Goods which have a life, under normal usages, that is inherently less than one year. Product demonstrations, test parts, time studies, production estimates and other such particulars furnished to Buyer are only Seller’s estimate and do not create a warranty. Within the warranty period, Seller will repair or arrange for Defective Equipment to Seller and Seller will replace without cost to the Unit with a “Loaner” piece of equipment within twenty-four (24) hours of such notification. Buyer any product or parts covered by the warranty which Seller finds to be defective in material or workmanship, provided that the Buyer gives the Seller prompt notice. This shall be the sole and exclusive remedy will have full use of the Buyer under this warrantyLoaner equipment until Defective Equipment has been repaired or replaced and received by Buyer. To facilitate efficient If during the Warranty Period on-site service is required, warranty services delivery, Seller may in its sole discretion deliver to the Installation Site a variety of spare parts such as are reasonably believed to be of potential use in completing the Services (such spare parts, together with those parts removed for replacement during Warranty Services, being collectively “Seller’s Property.”) Buyer will cooperate with Seller in maintaining Seller’s Property in a secure location segregated from Buyer’s Equipment and Inventory during Services and in providing access during normal business hours for delivery and pick up. Seller is solely responsible for the packaging and cost of shipment of Seller’s Property to and from Buyer’s Installation Site. Should Buyer elect to retain any of the unused Spare Parts after close of Warranty Services mission, Buyer service will be billed for such Parts at a discount of 5% off available from Seller’s List Price as of the date of retention. Services under this warranty are provided during normal business hours and using standard freight delivery. Services and delivery may be otherwise provided dependent upon availability and will be invoiced at TRUMPF Service rates in accordance with TRUMPF Service policies and practices, which are incorporated by reference herein. Seller shall not be liable under any warranty or other obligation if the alleged defect in the Goods does not exist or the defect or defective performance is caused in whole or in part by Buyer’s or any third party’s misuse, neglect, modifications or additions, the use of non- TRUMPF spare parts or consumables, unauthorized attempts to repair, or by accident or other hazard outside Seller’s control. Use of a non-TRUMPF spare part shall void the warranty if the TRUMPF spare part is available under the warranty free of charge, on an appointment basis, Monday through Friday, 8:00 a.m. to 5:00 p.m. SCHEDULE A Visual Entertainment Systems, LLC NetStar Kiosks Components Overview The NetStar Kiosk is where the customer can reveal their sweepstakes entries by playing entertaining games. The warranty described herein is granted NetStar Kiosk also has a user interface where a customer can browse easily to various web sites. The customer’s identity and current data are protected via the NetStar Kiosk’s security. The NetStar Kiosk supports the following functionality: · Secure login for the customer by supplying a user id/password or by swiping a player card and entering a password (only where allowed). · Front end support browsing various web sites · Ability to Purchase more internet time, and in turn earn more sweepstakes points · A multitude of entertaining games for revealing sweepstakes entries The NetStar Kiosk displays and tracks the original purchaser of the Goods following critical data: · Customer login information · Remaining internet time · Sweepstakes entries that are still available for revealing sweepstakes · Amount won from revealed sweepstakes entries Cabinet specifications · Custom steel cabinet · Paint Electro-static powder coat with baked-on finish · Graphics decal Hardware specifications · 22" or 19" touch screen monitor (size varies based upon cabinet configuration) · Bxxx acceptor (where applicable) · Printer · Customized CPU · Power supply · All pertinent wiring/cables · Programmed for operation · Video Card/On board video · Hard Drive · OS: appropriate to run software · Internet connection · Card Swipe (only where applicable or required) · Power Single grounded plug (115V/15A circuit). · Overall power consumption <400W typ. · Display Viewable image size: o Resolution: up to 1440 x 900 · Touch screen o Capacitive: Input: finger, stylus. o Touch transmission: 85% +/- 2%. o Resistive: Input: finger, gloved hand, and original purchaser’s specified end-user and is non-transferrablestylus. DISCLAIMER OF OTHER WARRANTIESo Touch transmission: THE WARRANTY DESCRIBED IN THIS PARAGRAPH 7 IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXCLUDED91.5% +/- 1.5%.
Appears in 1 contract
Equipment Warranty. Except as otherwise provided in this Section 7, any Goods sold hereunder which (1) at the Installation Site, (2) have been properly installed and maintained by authorized persons, and (3) have been operated within the limits of rated and normal usage, are warranted to conform to Seller’s quoted Technical Specifications and to be free of defects in material and workmanship, as determined by Seller’s inspection, for a period of one year, or any purchased extended period, coming into effect upon Installation Completion. The terms of this warranty do not apply to any Goods which have a life, under normal usages, that is inherently less than one year. Product demonstrations, test parts, time studies, production estimates and other such particulars furnished to Buyer are only Seller’s estimate and do not create a warranty. Within the warranty period, Seller will repair or replace without cost to Buyer any product or parts covered by the warranty which Seller finds to be defective in material or workmanship, provided that the Buyer gives the Seller prompt notice. This shall be the sole and exclusive remedy of the Buyer under this warranty. To facilitate efficient warranty services delivery, Seller may in its sole discretion deliver to the Installation Site a variety of spare parts such as are reasonably believed to be of potential use in completing the Services (such spare parts, together with those parts removed for replacement during Warranty Services, being collectively “Seller’s Property.”) Buyer will cooperate with Seller in maintaining Seller’s Property in a secure location segregated from Buyer’s Equipment and Inventory during Services and in providing access during normal business hours for delivery and pick up. Seller is solely responsible for the packaging and cost of shipment of Seller’s Property to and from Buyer’s Installation Site. Should Buyer elect to retain any of the unused Spare Parts after close of Warranty Services mission, Buyer will be billed for such Parts at a discount of 5% off Seller’s List Price as of the date of retention. Services under this warranty are provided during normal business hours and using standard freight delivery. Services and delivery may be otherwise provided dependent upon availability and will be invoiced at TRUMPF Service rates in accordance with TRUMPF Service policies and practices, which are incorporated by reference herein. Seller shall not be liable under any warranty or other obligation if the alleged defect in the Goods does not exist or the defect or defective performance is caused in whole or in part by Buyer’s or any third party’s misuse, neglect, modifications or additions, the use of non- non-TRUMPF spare parts or consumables, unauthorized attempts to repair, or by accident or other hazard outside Seller’s control. Use of a non-TRUMPF spare part shall void the warranty if the TRUMPF spare part is available under the warranty free of charge. The warranty described herein is granted only to the original purchaser of the Goods and original purchaser’s specified end-user and is non-transferrable. DISCLAIMER OF OTHER WARRANTIES: . THE WARRANTY DESCRIBED IN THIS PARAGRAPH 7 IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXCLUDED.
Appears in 1 contract
Samples: www.trumpf.com
Equipment Warranty. Except as otherwise provided In addition to the warranty stated in this Section 7the GTCs, any Goods sold Supplier warrants that all Equipment supplied hereunder which (1) at the Installation Siteand all Software, (2) have been properly installed parts and maintained by authorized persons, components thereof will be of good quality and (3) have been operated within the limits of rated and normal usage, are warranted to conform to Seller’s quoted Technical Specifications and to be free of from defects in material and workmanship, as determined by Seller’s inspection, workmanship for a period of one yearthree (3) years from the Final Acceptance Date or Supplier’s published warranty, whichever is longer (the “Warranty Period”). Such warranties shall survive any inspection, delivery, acceptance or payment by Buyer of such Equipment and Services, and shall survive the expiration or termination (including cancellation) of the PO or the Supply Agreement. Such warranties, together with all other express and implied warranties of Supplier, shall run in favor of Buyer, its successors and assigns. Buyer may charge Supplier all expenses of inspecting, unpackaging, examining, repacking, storing, returning and re-shipping any purchased extended defective or nonconforming Equipment. Any testing of Equipment, which is prior to the Final Acceptance, shall not start the running of the Warranty Period. Supplier agrees to repair Equipment or to replace any necessary parts at the premises designated by Buyer at no charge during the Warranty Period. When repairs are required, the Warranty Period shall be interrupted for the repair period, coming into effect upon Installation Completion. The terms Warranty Period will resume when the Equipment is again in complete and full-time operation according to the Equipment Specification. In the event Supplier fails to respond to any of its obligations under this warranty do not apply within a reasonable period of time or to complete any Goods which warranty work within a timely manner as deemed by Buyer given the facts and circumstances, Buyer shall have the right to perform the necessary corrective action or repairs necessary by itself or by retaining a lifethird party. In such cases, under normal usages, that is inherently less than one year. Product demonstrations, test parts, time studies, production estimates Supplier will be charged any and other such particulars furnished all costs incurred by Buyer to Buyer are only Seller’s estimate and do not create a warranty. Within perform the warranty period, Seller will repair or replace without cost to Buyer any product or parts work covered by the warranty which Seller finds to be defective in material or workmanship, provided that the Buyer gives the Seller prompt notice. This shall be the sole and exclusive remedy of the Buyer under this warranty. To facilitate efficient warranty services deliveryNotwithstanding the foregoing, Seller where the failure or any delay to correct such failure may in its sole discretion deliver result or threatens to create significant liability or damages or costs to Buyer if not immediately repaired, Buyer shall have the right, without notice to Supplier, to immediately perform the necessary repairs or corrective action by itself or through a third party, and Supplier agrees to reimburse Buyer for any and all costs incurred by Buyer relating to the Installation Site a variety performance of spare parts such as are reasonably believed to be of potential use in completing the Services (such spare parts, together with those parts removed for replacement during Warranty Services, being collectively “Seller’s Propertywork.”) Buyer will cooperate with Seller in maintaining Seller’s Property in a secure location segregated from Buyer’s Equipment and Inventory during Services and in providing access during normal business hours for delivery and pick up. Seller is solely responsible for the packaging and cost of shipment of Seller’s Property to and from Buyer’s Installation Site. Should Buyer elect to retain any of the unused Spare Parts after close of Warranty Services mission, Buyer will be billed for such Parts at a discount of 5% off Seller’s List Price as of the date of retention. Services under this warranty are provided during normal business hours and using standard freight delivery. Services and delivery may be otherwise provided dependent upon availability and will be invoiced at TRUMPF Service rates in accordance with TRUMPF Service policies and practices, which are incorporated by reference herein. Seller shall not be liable under any warranty or other obligation if the alleged defect in the Goods does not exist or the defect or defective performance is caused in whole or in part by Buyer’s or any third party’s misuse, neglect, modifications or additions, the use of non- TRUMPF spare parts or consumables, unauthorized attempts to repair, or by accident or other hazard outside Seller’s control. Use of a non-TRUMPF spare part shall void the warranty if the TRUMPF spare part is available under the warranty free of charge. The warranty described herein is granted only to the original purchaser of the Goods and original purchaser’s specified end-user and is non-transferrable. DISCLAIMER OF OTHER WARRANTIES: THE WARRANTY DESCRIBED IN THIS PARAGRAPH 7 IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXCLUDED.
Appears in 1 contract
Samples: General Terms
Equipment Warranty. Except as otherwise provided in this Section 7, any Goods sold hereunder which (1) at THE SELLER hereby warrants that the Installation Site, (2) have been properly installed Tagged Major Equipment and maintained by authorized persons, Materials will be new and (3) have been operated within the limits of rated suitable grade for their intended purpose and normal usage, are warranted to conform to Seller’s quoted Technical Specifications and to be free of liens and defects in material and workmanship. However, THE SELLER does not warrant the Tagged Major Equipment and Materials to be free from defects caused by or related to damage caused by improper handling and/or installation at THE BUYERs Plant site (hereinafter the “Equipment Warranty”) unless such damage was caused as determined a result of following the installation procedures specified by Seller’s inspection, for a period THE SELLER any contractor or agent of one yearTHE SELLER, or THE SELLER’s equipment vendor. THE BUYER shall promptly notify THE SELLER of any purchased extended periodbreach of the Equipment Warranty but in no event later than 15 (fifteen) days after the date THE BUYER has knowledge of such breach. If THE SELLER breaches the Equipment Warranty and is timely notified thereof, coming into effect upon Installation Completionand does not make substantial progress to remedy the breach within 30 (thirty) days after receipt of THE BUYER’s written notice, then THE BUYER may obtain work and services elsewhere or wait until THE SELLER in fact performs under the Service Warranty, and Seller shall ITHE SELLER shall not be responsible for installation of defective equipment if THE BUYER knows prior to installation the equipment was defective. El Dorado 11/29/12 The terms Equipment Warranty shall expire 12 (twelve) months after the “Initial Operation of this warranty do not apply the Plant”, A failure to give THE SELLER notice of any Goods which have breach of the Equipment Warranty prior to ten (10) days following the expiration of the Equipment Warranty period shall be deemed a life, under normal usages, that is inherently less than one year. Product demonstrations, test parts, time studies, production estimates and other waiver by THE BUYER of such particulars furnished to Buyer are only Seller’s estimate and do not create a warranty. Within In the event the Article 12 Performance Guarantees are not met as a result of faulty design or manufacture of equipment which must be corrected to meet the performance guarantees, the Equipment Warranty for the faulty design or parts of the equipment shall be extended 12 (twelve) months beyond the date on which such correction of the faulty equipment has been completed. THE SELLER shall include in its purchase orders for the supply of Tagged Major Equipment and Materials, written provisions whereby the manufacturer, supplier or vendor agrees to repair or replace at its own expense any defects in material or workmanship which may develop within the equipment warranty period, Seller will repair or replace without such longer period as THE SELLER may be able to obtain, and such other warranty provisions as may customarily be obtainable in the circumstances. Each purchase order shall also provide that all warranties granted hereunder shall extend directly to THE BUYER. THE SELLER shall cooperate with and assist THE BUYER in the enforcement of all such warranties on behalf of THE BUYER during the equipment warranty period but shall not be required to commence any action or proceeding in connection with such warranties. Any additional cost to Buyer any product which may be charged by a manufacturer, supplier or parts covered vendor of equipment for extending its warranty coverage beyond its normal warranty period, if approved by the warranty which Seller finds to be defective in material or workmanshipTHE BUYER, provided that the Buyer gives the Seller prompt notice. This shall be the sole and exclusive remedy of the Buyer under this warranty. To facilitate efficient warranty services delivery, Seller may in its sole discretion deliver reimbursed to the Installation Site a variety of spare parts such as are reasonably believed to be of potential use in completing the Services (such spare parts, together with those parts removed for replacement during Warranty Services, being collectively “Seller’s Property.”) Buyer will cooperate with Seller in maintaining Seller’s Property in a secure location segregated from Buyer’s Equipment and Inventory during Services and in providing access during normal business hours for delivery and pick up. Seller is solely responsible for the packaging and cost of shipment of Seller’s Property to and from Buyer’s Installation Site. Should Buyer elect to retain any of the unused Spare Parts after close of Warranty Services mission, Buyer will be billed for such Parts at a discount of 5% off Seller’s List Price as of the date of retention. Services under this warranty are provided during normal business hours and using standard freight delivery. Services and delivery may be otherwise provided dependent upon availability and will be invoiced at TRUMPF Service rates THE SELLER by THE BUYER in accordance with TRUMPF Service policies and practices, which are incorporated by reference herein. Seller shall not be liable under any warranty or other obligation if the alleged defect in the Goods does not exist or the defect or defective performance is caused in whole or in part by Buyer’s or any third party’s misuse, neglect, modifications or additions, the use of non- TRUMPF spare parts or consumables, unauthorized attempts to repair, or by accident or other hazard outside Seller’s control. Use of a non-TRUMPF spare part shall void the warranty if the TRUMPF spare part is available under the warranty free of charge. The warranty described herein is granted only to the original purchaser of the Goods and original purchaser’s specified end-user and is non-transferrable. DISCLAIMER OF OTHER WARRANTIES: THE WARRANTY DESCRIBED IN THIS PARAGRAPH 7 IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXCLUDEDArticle 9.
Appears in 1 contract
Samples: LSB Industries Inc
Equipment Warranty. Except as otherwise provided The warranty for Plant production rates, product quality, efficiencies and emissions standards is covered in this Section 7Exhibit M. This Exhibit M specifically defines DESIGN/BUILDER’s operating warranty for Plant equipment inside the battery limit. DESIGN/BUILDER reserves the right at its own discretion, to void any Goods sold hereunder which and all warranty if the operation of the Plant and/or its subsystems, exceeds nameplate capacity by five percent (15%) at or more. DESIGN/BUILDER is OWNER’s first point of contact for any claim of warranty by OWNER against DESIGN/BUILDER concerning Plant equipment, during the Installation Sitewarranty period. The cost of labor performed by vendors other than DESIGN/BUILDER to settle a warranty claim situation, (without written permission from DESIGN/BUILDER, will not be covered under any warranty expressed or implied by DESIGN/BUILDER. What is furnished under the warranty: The warranty will furnish replacement consumables and parts covered under the warranty. Labor will only be furnished by DESIGN/BUILDER to repair items warranted for workmanship and originally built by DESIGN/BUILDER. What is covered by the warranty: Workmanship and materials on all plant equipment including pumps, instruments, controls, DCS, switchgear, wiring, conveyors, gearboxes, auger flighting, valves 2) have been properly installed ” size and maintained by authorized personsabove, valve actuators, tanks, vessels, air compressors, boilers, cooling towers, motors, couplers, belts, sheaves, chains, sprockets, heat exchangers, agitators, centrifuges, fans, blowers, Hvac units, and other related equipment. Warranty will cover failures of seals for lack of coolant flush during the seven (37) have been operated within day performance test described in Exhibit G. Warranty will cover failure of seals and couplers caused by misalignment during the limits seven (7) day performance test described in Exhibit G. Warranty will cover failure of rated pump seals caused by product misapplication. Warranty will cover labor and normal usageparts to repair all leakage from pipes, are warranted exchangers and valves during the seven (7) day performance test described in Exhibit G. What is not covered by the warranty: Warranty does not cover damage to conform to Seller’s quoted Technical Specifications and to be free process equipment of defects any kind from improper maintenance, improper operation, operator negligence or abuse. Warranty does not cover catastrophic failures of the critical path equipment by chain reaction, from improper operation, abuse or neglect of other equipment or procedures in material and workmanshipthe process equipment critical path and/or acts of God, as determined whether upstream or downstream. Warranty does not cover damage caused by Seller’s inspection, for a period customer modification of one year, or any purchased extended period, coming into effect upon Installation Completion. The terms of this equipment included in the warranty do not apply to any Goods which have a life, under normal usages, that is inherently less than one year. Product demonstrations, test parts, time studies, production estimates and other such particulars furnished to Buyer are only Seller’s estimate and do not create a warranty. Within list during the warranty period, Seller without the written consent of DESIGN/BUILDER. Warranty does not cover pipe gaskets, sight glasses, valves under 2” in size, door knobs, walk in doors and closers, pipe and border painting, man-way gaskets, countertops and window glasses after the seven (7) day performance test described in Exhibit G. Warranty does not cover pump seals, pump motors and bearings that fail for lack of coolant flush after the seven (7) day performance test described in Exhibit G. Warranty does not cover pump seals or couplers after the seven (7) day performance test described in Exhibit G that fail from misalignment. Warranty will repair not cover failure of any size valve when failure is determined to be a result of owner welding on or replace without cost near the valve. Warranty will not cover failure of any equipment due to Buyer improper grounding of welding equipment as a result of OWNER’s welding operations after Substantial Completion. Warranty will not cover any product equipment damaged by lightning strikes, power surges, power outages or parts poor quality power from the electricity supplier. Warranty will not cover leaking plate and frame exchangers after the seven (7) day performance test described in Exhibit G. Procedure for warranty claim: DESIGN/BUILDER does not expect OWNER to remain out of service with equipment that has failed during the warranty period while trying to settle the warranty claim. DESIGN/BUILDER warrants and represents that whether covered by warranty or not, the plant must and shall operate, and DESIGN/BUILDER shall be responsible for insuring the continued operation of the plant during the warranty which Seller finds period while trying to settle a warranty claim made in good faith by OWNER. Consumable items such as motors, gearboxes, seals, switchgear and similar equipment should be defective in material replaced and the damaged unit returned to DESIGN/BUILDER or workmanship, provided that made available for inspection by DESIGN/BUILDER. DESIGN/BUILDER reserves the Buyer gives right to return the Seller prompt notice. This shall be the sole and exclusive remedy of the Buyer under this warranty. To facilitate efficient warranty services delivery, Seller may in its sole discretion deliver item to the Installation Site manufacturer for evaluation before settling a variety of spare warranty issue. Failure to return or produce for inspection the damaged parts such as are reasonably believed to be of potential use in completing the Services (such spare parts, together with those parts removed for replacement during Warranty Services, being collectively “Seller’s Property.”) Buyer or equipment will cooperate with Seller in maintaining Seller’s Property in a secure location segregated from Buyer’s Equipment and Inventory during Services and in providing access during normal business hours for delivery and pick up. Seller is solely responsible for the packaging and cost of shipment of Seller’s Property to and from Buyer’s Installation Site. Should Buyer elect to retain any of the unused Spare Parts after close of Warranty Services mission, Buyer will be billed for such Parts at a discount of 5% off Seller’s List Price as of the date of retention. Services under this warranty are provided during normal business hours and using standard freight delivery. Services and delivery may be otherwise provided dependent upon availability and will be invoiced at TRUMPF Service rates in accordance with TRUMPF Service policies and practices, which are incorporated by reference herein. Seller shall not be liable under void any warranty expressed or other obligation if the alleged defect in the Goods does not exist or the defect or defective performance is caused in whole or in part by Buyer’s or any third party’s misuse, neglect, modifications or additions, the use of non- TRUMPF spare parts or consumables, unauthorized attempts to repair, or by accident or other hazard outside Seller’s control. Use of a non-TRUMPF spare part shall void the warranty if the TRUMPF spare part is available under the warranty free of charge. The warranty described herein is granted only to the original purchaser of the Goods and original purchaser’s specified end-user and is non-transferrable. DISCLAIMER OF OTHER WARRANTIES: THE WARRANTY DESCRIBED IN THIS PARAGRAPH 7 IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXCLUDEDimplied.
Appears in 1 contract
Equipment Warranty. Except as otherwise provided In addition to the warranty stated in this Section 7the GTCs, any Goods sold Supplier warrants that all Equipment supplied hereunder which (1) at the Installation Siteand all Software, (2) have been properly installed parts and maintained by authorized persons, components thereof will be of good quality and (3) have been operated within the limits of rated and normal usage, are warranted to conform to Seller’s quoted Technical Specifications and to be free of from defects in material and workmanship, as determined by Seller’s inspection, workmanship for a period of one yearthree (3) years from the Final Acceptance Date or Supplier’s published warranty, whichever is longer (the “Warranty Period”). Such warranties shall survive any inspection, delivery, acceptance or payment by Buyer of such Equipment and Services, and shall survive the expiration or termination (including cancellation) of the PO or the Supply Agreement. Such warranties, together with all other express and implied warranties of Supplier, shall run in favor of Xxxxx, its successors and assigns. Buyer may charge Supplier all expenses of inspecting, unpackaging, examining, repacking, storing, returning and re-shipping any purchased extended defective or nonconforming Equipment. Any testing of Equipment, which is prior to the Final Acceptance, shall not start the running of the Warranty Period. Supplier agrees to repair Equipment or to replace any necessary parts at the premises designated by Buyer at no charge during the Warranty Period. When repairs are required, the Warranty Period shall be interrupted for the repair period, coming into effect upon Installation Completion. The terms Warranty Period will resume when the Equipment is again in complete and full-time operation according to the Equipment Specification. In the event Supplier fails to respond to any of its obligations under this warranty do not apply within a reasonable period of time or to complete any Goods which warranty work within a timely manner as deemed by Buyer given the facts and circumstances, Buyer shall have the right to perform the necessary corrective action or repairs necessary by itself or by retaining a lifethird party. In such cases, under normal usages, that is inherently less than one year. Product demonstrations, test parts, time studies, production estimates Supplier will be charged any and other such particulars furnished all costs incurred by Buyer to Buyer are only Seller’s estimate and do not create a warranty. Within perform the warranty period, Seller will repair or replace without cost to Buyer any product or parts work covered by the warranty which Seller finds to be defective in material or workmanship, provided that the Buyer gives the Seller prompt notice. This shall be the sole and exclusive remedy of the Buyer under this warranty. To facilitate efficient warranty services deliveryNotwithstanding the foregoing, Seller where the failure or any delay to correct such failure may in its sole discretion deliver result or threatens to create significant liability or damages or costs to Buyer if not immediately repaired, Buyer shall have the right, without notice to Supplier, to immediately perform the necessary repairs or corrective action by itself or through a third party, and Supplier agrees to reimburse Buyer for any and all costs incurred by Buyer relating to the Installation Site a variety performance of spare parts such as are reasonably believed to be of potential use in completing the Services (such spare parts, together with those parts removed for replacement during Warranty Services, being collectively “Seller’s Propertywork.”) Buyer will cooperate with Seller in maintaining Seller’s Property in a secure location segregated from Buyer’s Equipment and Inventory during Services and in providing access during normal business hours for delivery and pick up. Seller is solely responsible for the packaging and cost of shipment of Seller’s Property to and from Buyer’s Installation Site. Should Buyer elect to retain any of the unused Spare Parts after close of Warranty Services mission, Buyer will be billed for such Parts at a discount of 5% off Seller’s List Price as of the date of retention. Services under this warranty are provided during normal business hours and using standard freight delivery. Services and delivery may be otherwise provided dependent upon availability and will be invoiced at TRUMPF Service rates in accordance with TRUMPF Service policies and practices, which are incorporated by reference herein. Seller shall not be liable under any warranty or other obligation if the alleged defect in the Goods does not exist or the defect or defective performance is caused in whole or in part by Buyer’s or any third party’s misuse, neglect, modifications or additions, the use of non- TRUMPF spare parts or consumables, unauthorized attempts to repair, or by accident or other hazard outside Seller’s control. Use of a non-TRUMPF spare part shall void the warranty if the TRUMPF spare part is available under the warranty free of charge. The warranty described herein is granted only to the original purchaser of the Goods and original purchaser’s specified end-user and is non-transferrable. DISCLAIMER OF OTHER WARRANTIES: THE WARRANTY DESCRIBED IN THIS PARAGRAPH 7 IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXCLUDED.
Appears in 1 contract
Samples: www.jabil.com
Equipment Warranty. Except as otherwise provided in this Section 7, any Goods sold hereunder which (1) at the Installation Site, (2) have been properly installed and maintained by authorized persons, and (3) have been operated within the limits of rated and normal usage, are warranted to conform to Seller’s quoted Technical Specifications and to be free of defects in material and workmanship, as determined by Seller’s inspection, for a period of one year, or any purchased extended period, coming into effect upon Installation Completion. The terms of this warranty do not apply to any Goods which have a life, under normal usages, that is inherently less than one year. Product demonstrations, test parts, time studies, production estimates and other such particulars furnished to Buyer are only Seller’s estimate and do not create a warranty. Within the warranty period, Seller will repair or replace without cost to Buyer any product or parts covered by the warranty which Seller finds to be defective in material or workmanship, provided that the Buyer gives the Seller prompt notice. This shall be the sole and exclusive remedy of the Buyer under this warranty. If Buyer licenses Applications Software to be delivered with Equipment at time of installation, at the end of the Applications Software warranty period Buyer shall receive a free of charge Software Service Agreement for the balance of the Equipment Warranty period. To facilitate efficient warranty services delivery, Seller may in its sole discretion deliver to the Installation Site a variety of spare parts such as are reasonably believed to be of potential use in completing the Services (such spare parts, together with those parts removed for replacement during Warranty Services, being collectively “Seller’s PropertySeller’sProperty.”) Buyer will cooperate with Seller in maintaining Seller’s Property in a secure location segregated from Buyer’s Equipment and Inventory during Services and in providing access during normal business hours for delivery and pick up. Seller is solely responsible for the packaging and cost of shipment of Seller’s Property to and from Buyer’s Installation Xxxxx’xXxxxxxxxxxxx Site. Should Buyer elect to retain any of the unused Spare Parts after close of Warranty Services mission, Buyer Xxxxx will be billed for such Parts at a discount of 5% off Seller’s List Price as of the date of retention. Services under this warranty are provided during normal business hours and using standard freight delivery. Services and delivery may be otherwise provided dependent upon availability and will be invoiced at TRUMPF TR Service rates in accordance with TRUMPF TR Service policies and practices, which are incorporated by reference herein. Seller shall not be liable under any warranty or other obligation if the alleged defect in the Goods does not exist or the defect or defective performance is caused in whole or in part by Buyer’s or any third party’s misuse, neglect, modifications or additions, the use of non- TRUMPF TR spare parts or consumables, unauthorized attempts to repair, or by accident or other orother hazard outside Seller’s control. Use of a non-TRUMPF TR spare part shall void the warranty if the TRUMPF TR spare part is available under the warranty free of charge. The warranty described herein is granted only to the original purchaser of the Goods and original purchaser’s specified end-user and is non-transferrable. DISCLAIMER OF OTHER WARRANTIES: THE WARRANTY DESCRIBED IN THIS PARAGRAPH 7 IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXCLUDED.
Appears in 1 contract
Samples: www.trumpf.com
Equipment Warranty. Except as otherwise provided in this Section 7, any Goods sold hereunder which (1) at the Installation Site, (2) have been properly installed and maintained by authorized persons, and (3) have been operated within the limits of rated and normal usage, are warranted to conform to Seller’s quoted Technical Specifications and to be free of defects in material and workmanship, as determined by Seller’s inspection, for a period of one year, or any purchased extended period, coming into effect upon Installation Completion. The terms of this warranty do not apply to any Goods which have a life, under normal usages, that is inherently less than one year. Product demonstrations, test parts, time studies, production estimates and other such particulars furnished to Buyer are only Seller’s estimate and do not create a warranty. Within the warranty period, Seller will repair or replace without cost to Buyer any product or parts covered by the warranty which Seller finds to be defective in material or workmanship, provided that the Buyer gives the Seller prompt notice. This shall be the sole and exclusive remedy of the Buyer under this warranty. To facilitate efficient warranty services delivery, Seller may in its sole discretion deliver to the Installation Site a variety of spare parts such as are reasonably believed to be of potential use in completing the Services (such spare parts, together with those parts removed for replacement during Warranty Services, being collectively “Seller’s Property.”) Buyer will cooperate with Seller in maintaining Seller’s Property in a secure location segregated from Buyer’s Equipment and Inventory during Services and in providing access during normal business hours for delivery and pick up. Seller is solely responsible for the packaging and cost of shipment of Seller’s Property to and from Buyer’s Installation Site. Should Buyer elect to retain any of the unused Spare Parts after close of Warranty Services mission, Buyer will be billed for such Parts at a discount of 5% off Seller’s List Price as of the date of retention. Services under this warranty are provided during normal business hours and using standard freight delivery. Services and delivery may be otherwise provided dependent upon availability and will be invoiced at TRUMPF Service rates in accordance with TRUMPF Service policies and practices, which are incorporated by reference herein. Seller shall not be liable under any warranty or other obligation if the alleged defect in the Goods does not exist or the defect or defective performance is caused in whole or in part by Buyer’s or any third party’s misuse, neglect, modifications or additions, the use of non- non-TRUMPF spare parts or consumables, unauthorized attempts to repair, or by accident or other hazard outside Seller’s control. Use of a non-TRUMPF spare part shall void the warranty if the TRUMPF spare part is available under the warranty free of charge. The warranty described herein is granted only to the original purchaser of the Goods and original purchaser’s specified end-user and is non-transferrable. DISCLAIMER OF OTHER WARRANTIES: THE WARRANTY DESCRIBED IN THIS PARAGRAPH 7 IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXCLUDED.
Appears in 1 contract
Samples: www.trumpf.com