Common use of Equipment Warranty Clause in Contracts

Equipment Warranty. In addition to the warranty stated in the GTCs, Supplier warrants that all Equipment supplied hereunder and all Software, parts and components thereof will be of good quality and free from defects in material and workmanship for a period of three (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 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. The 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 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 costs incurred by Buyer to perform the work covered under this warranty. Notwithstanding the foregoing, where the failure or any delay to correct such failure may 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 performance of such work.

Equipment Warranty. In addition to the warranty stated in the GTCson Buyer’s PO terms and conditions, Supplier warrants that all Equipment supplied hereunder hereunder, and all Software, parts and components thereof will be of good quality and free from defects in material and workmanship for a period of three (3) years from the Final Acceptance Date or Supplier’s published warranty, whichever is longer (the “Warranty Period”)longer. Such warranties shall survive any inspection, delivery, acceptance or payment by Buyer of such Equipment and Services, services and shall survive the expiration or termination (including cancellation) of the PO or the AgreementPO. Such warranties, together with all other express and implied warranties of Supplier, shall run in favor of Xxxxx, its successors successors, and assigns. Buyer may charge Supplier all expenses of inspecting, unpackaging, examining, repacking, storing, returning and re-shipping any defective or nonconforming Equipment. Any Prior testing periods of Equipment, which is prior to the Final Acceptance, Equipment shall not start the running of the Warranty Periodwarranty period. Supplier agrees to repair Equipment or to replace any necessary parts at the premises designated by Buyer Buyer’s site at no charge during the Warranty Periodwarranty period. When repairs are required, required the Warranty Period warranty period shall be interrupted for the repair period. The Warranty Period warranty period will resume when the Equipment is again in complete and full-time operation according to the Equipment SpecificationAcceptance 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. Notwithstanding the foregoing, where the failure or any delay to correct such failure may 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 performance of such work.

Equipment Warranty. In addition to the warranty stated in the GTCson Xxxxx’s PO terms and conditions, Supplier warrants that all Equipment supplied hereunder and all Software, parts and components thereof will be of good quality and free from defects in material and workmanship for a period of three (3) years from the Final Acceptance Date or Supplier’s published warranty, whichever is longer (the “Warranty Period”)longer. Such warranties shall survive any inspection, delivery, acceptance or payment by Buyer of such Equipment and Servicesservices, and shall survive the expiration or termination (including cancellation) of the PO or the AgreementPO. 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 storing and re-shipping any defective or nonconforming Equipment. Any Prior testing periods of Equipment, which is prior to the Final Acceptance, Equipment shall not start the running of the Warranty Periodwarranty period. Supplier agrees to repair Equipment or to replace any necessary parts at the premises designated by Buyer Buyer’s site at no charge during the Warranty Periodwarranty period. When repairs are required, required the Warranty Period warranty period shall be interrupted for the repair period. The Warranty Period warranty period will resume when the Equipment is again in complete and full-time operation according to the Equipment SpecificationAcceptance 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. Notwithstanding the foregoing, where the failure or any delay to correct such failure may 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 performance of such work.

Equipment Warranty. In addition to For a one (1) year period from date of Acceptance (the warranty stated in the GTCs"Warranty Period"), Supplier Company warrants that all the Equipment supplied hereunder and all Software, parts and components thereof will provided to Buyer pursuant to this Agreement shall be of good quality and free from defects in material 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 (the "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) the balance of the Warranty Period or (ii) ninety (90) days after the date the repair is completed. To enable Company to properly administer the Warranty, Buyer shall (i) promptly notify Company of any claim hereunder, and (ii) provide Company with the opportunity to inspect 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 period “Loaner” piece of three equipment shipped to Buyer within twenty-four (324) years 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 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 It is the policy of The Xxxxx Xxxxxxx Health System Corporation ("JHHS") to conduct its purchasing activities in accordance with all applicable state and federal laws and regulations regarding the purchasing of goods or services, including, but not limited to, applicable requirements of the Medicare and Medicaid programs. In addition, all JHHS officers, directors, employees, staff or agents ("JHHS Personnel") are required to act fairly, objectively and in the best interests of JHHS when conducting business with vendors on behalf of JHHS. JHHS's selection of vendors is based on quality, price, services offered and other features of a competitive marketplace. As used herein, JHHS shall comprise, collectively, JHHS, together with 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, 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 Final Acceptance Date JHHS Purchasing Department, prior to providing JHHS Personnel with any "Gifts, Services or Supplier’s published warranty, whichever is longer Consideration" valued in excess of Fifteen Dollars (the “Warranty Period”$15.00). Such warranties shall survive "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 inspection, delivery, acceptance additional items or payment by Buyer of such Equipment and Services, and shall survive the expiration or termination (including cancellation) of the PO or services not described in the Agreement. Such warranties"Gifts, together with all Services or Consideration" does not include items valued less than Fifteen Dollars ($15.00) (such as pens, coffee mugs, calendars or 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 defective small promotional 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 periodnovelty items). The Warranty Period will resume when the Equipment written notice 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 within be sent to: The Xxxxx Xxxxxxx Health System With 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 costs incurred by Buyer to perform the work covered under this warranty. Notwithstanding the foregoing, where the failure or any delay to correct such failure may 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 performance of such work.copy to: Corporation The Xxxxx Xxxxxxx Health System Attention: Xxxx Xxxxxxx Corporation

Equipment Warranty. In addition to Contractor represents and warrants, as previously certified in Contractor’s Submitted Exhibit B – Performance Requirements, that those goods and/or services provided by Contractor set forth in Exhibit A – Included Goods/Services will meet the equipment warranty stated set forth in the GTCs, Supplier warrants that all Equipment supplied hereunder this Master Contract. Contractor must provide technical support and all Software, parts and components thereof will be of good quality and free from defects in material and workmanship reasonable equipment modifications for a period of three ninety (390) years from calendar days after the Final Acceptance Date or Supplierdate the equipment is reported in service per manufacturer and/or factory warranty requirements. This is to ensure that the purchased equipment is capable of performing the specified operational functions. Contractor must include the factory and/or manufacturer’s published one-year warranty, whichever which must cover 100% parts and labor for the entire unit offered. This warranty must be honored by all authorized factory and/or manufacturer’s dealerships. (a) Contractor is longer (the “Warranty Period”liable for all costs associated with warranty repair(s). Such warranties shall survive any inspection, deliveryincluding, acceptance or payment by Buyer of such Equipment and Servicesbut not limited to, materials, parts, labor, and shall survive transport of equipment that are disabled due to the expiration or termination (including cancellation) failure of the PO or equipment during 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 defective or nonconforming Equipment. Any testing of Equipment, which warranty period. (b) Warranty coverage will not commence until the date the completed equipment is prior placed into service as reported by Purchaser pursuant to the Final Acceptancewarranty requirements, shall not start or thirty (30) days after final payment for the running equipment, whichever occurs first. (c) During the warranty period, Contractor must begin physical repairs on equipment failures within seventy-two (72) hours after Purchaser has notified the Contractor of an equipment failure. Should Contractor fail to begin equipment repairs within seventy-two (72) hours after notification, Purchaser may elect (based on operational requirements) to make the Warranty Periodwarranty repairs. Supplier Should Purchaser elect to make such warranty repairs, Contractor 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 requiredfully reimburse Purchaser for all parts, the Warranty Period shall be interrupted for the repair period. The Warranty Period will resume when the Equipment is again in complete materials, labor, shipping and full-time operation according to the Equipment Specification. 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 travel costs incurred by Buyer to perform the work covered under this warrantyPurchaser for such warranty repairs. Notwithstanding the foregoing, where the failure or any delay to correct such failure may 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 Purchaser must provide Contractor with a third partydetailed invoice, and Supplier Contractor agrees to remit payment to the Purchaser within thirty (30) days after receipt of the invoice. Failure to provide and complete warranty service/repair within fourteen (14) calendar days of vehicle/equipment entering Contractor’s facility may be sufficient grounds for Enterprise Services to deny Contractor from bidding in future procurements due to poor performance. (d) During warranty period the Contractor may, upon notification of a warranty failure, authorize Purchaser equipment repair technicians to make warranty repairs when it advantages Purchaser and Contractor. Contractor must reimburse Buyer Purchaser for any and all costs incurred by Buyer relating to associated with the performance of such workwarranty repair.

Equipment Warranty. In addition to the warranty stated in the GTCs, Supplier warrants that all Equipment supplied hereunder and all Software, parts and components thereof will be of good quality and free from defects in material and workmanship for a period of three (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 XxxxxBuyer, its successors and assigns. Buyer may charge Supplier all expenses of inspecting, unpackaging, examining, repacking, storing, returning and re-shipping any 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. The 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 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 costs incurred by Buyer to perform the work covered under this warranty. Notwithstanding the foregoing, where the failure or any delay to correct such failure may 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 performance of such work.

Equipment Warranty. (a) The Equipment You have acquired is covered by the warranty offered by the relevant manufacturer. However, certain packages or bundles offered by us also include the D-Scope Systems Gold Service Plan. If you purchased any offered bundle, the right to the extended service will be set forth in your Purchase Order and will governed by the terms and conditions in the Gold Service Plan Agreement (the “Gold Service Plan"). In addition addition, upon the expiration of the term of any included or separately purchased Gold Service Plan, your warranty rights will be limited to the warranty stated provided by the manufacturer. (b) Replacement or repair of failed D-Scope System components is not available as to Equipment found to be damaged by your misuse, neglect or other actions by You which void the warranty. If You discover a defect with respect to any Equipment purchased from D-Scope Systems, You must notify us promptly. Any delay in notifying D-Scope Systems with respect to the Equipment which results in additional damage shall be your responsibility. D-Scope Systems, or its authorized Value Added Reseller (“VAR”), will provide support to repair or replace the defective components. As to Equipment covered by the warranty, reasonable attempts will be made by authorized D-Scope Systems service personnel or its authorized VAR to repair the Equipment via phone. If reasonable attempts to repair are not successful, D-Scope Systems will issue a Return Merchandise Authorization number (“RMA #”) and provide return shipping labels and instructions for shipping the defective Equipment to D-Scope Systems or its VAR at no cost to You. If we find the returned components to be in full working order or if any damage was caused by your misuse, neglect or actions that void the warranty, You may be charged a service fee. On- site repair is only available if included in the GTCs, Supplier warrants that all Equipment supplied hereunder express terms of the D-Scope Systems Quote and all Software, parts and components thereof will be of good quality and free from defects in material and workmanship for a period of three associated Client Purchase Order. (3c) years from Other than the Final Acceptance Date or Supplier’s published foregoing 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 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. The Warranty Period will resume when the Equipment is again provided "as is." D- Scope does not make any representations or warranties in complete connection with the Equipment, or modifications or improvements thereto, or services delivered hereunder, express, implied, statutory or under any provision of this Agreement or communication between D-Scope and fullYou. We specifically disclaim all implied representations or warranties, including representations or warranties of merchantability, non-time operation according infringement and fitness for a particular purpose, or arising from a course of dealing, usage or trade practice. Notwithstanding anything else herein, the aggregated liability of D-Scope Systems, its licensors, its VARs or its suppliers under this Agreement or otherwise shall be limited to the Equipment Specificationinvoiced price. In the no event Supplier fails shall D-Scope Systems, its licensors, its VARs or its suppliers be liable for any incidental, special or consequential damages, lost profits or lost data, damage to respond to any of its obligations under this warranty within a reasonable period of time other hardware or to complete any warranty work within a timely manner as deemed by Buyer given the facts and circumstancessoftware, 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 costs incurred by Buyer to perform the work covered under this warranty. Notwithstanding the foregoing, where the failure or any delay to correct such failure may result or threatens to create significant liability or damages or costs to Buyer other indirect damages, even if not immediately repaired, Buyer shall we have been informed of 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 performance of such workpossibility thereof.

Equipment Warranty. In addition to the warranty stated in the GTCs, Supplier THE SELLER hereby warrants that all the Tagged Major Equipment supplied hereunder and all Software, parts and components thereof Materials will be new and of good quality suitable grade for their intended purpose and free from of liens and defects in material and workmanship for a period of three 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 (3) years from the Final Acceptance Date or Supplier’s published warranty, whichever is longer (hereinafter the “Equipment Warranty”) unless such damage was caused as a result of following the installation procedures specified by THE SELLER any contractor or agent of THE SELLER, or THE SELLER’s equipment vendor. THE BUYER shall promptly notify THE SELLER of any breach of the Equipment Warranty Period”). Such warranties shall survive any inspection, delivery, acceptance or payment by Buyer 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 Servicesis timely notified thereof, and 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 survive ITHE SELLER shall not be responsible for installation of defective equipment if THE BUYER knows prior to installation the equipment was defective. The Equipment Warranty shall expire 12 (twelve) months after the “Initial Operation of the Plant”, A failure to give THE SELLER notice of any breach of the Equipment Warranty prior to ten (10) days following 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 defective or nonconforming Equipment. Any testing of Equipment, which is prior to the Final Acceptance, shall not start the running of the Equipment 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 period shall be interrupted for the repair period. The Warranty Period will resume when the Equipment is again in complete and full-time operation according to the Equipment Specificationdeemed a waiver by THE BUYER of such warranty. In the event Supplier fails the Article 12 Performance Guarantees are not met as a result of faulty design or manufacture of equipment which must be corrected to respond 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, or 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 its obligations under this all such warranties on behalf of THE BUYER during the equipment warranty within a reasonable period of time or but shall not be required to complete commence 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 partyproceeding in connection with such warranties. In such cases, Supplier will Any additional cost which may be charged any and all costs incurred by Buyer a manufacturer, supplier or vendor of equipment for extending its warranty coverage beyond its normal warranty period, if approved by THE BUYER, shall be reimbursed to perform the work covered under this warranty. Notwithstanding the foregoing, where the failure or any delay to correct such failure may 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 THE SELLER by itself or through a third party, and Supplier agrees to reimburse Buyer for any and all costs incurred by Buyer relating to the performance of such workTHE BUYER in accordance with Article 9.

Equipment Warranty. In addition to the warranty stated in the GTCs, Supplier warrants that all Equipment supplied hereunder and all Software, parts and components thereof will be of good quality and free from defects in material and workmanship for a period of three (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 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. The 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 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 costs incurred by Buyer to perform the work covered under this warranty. Notwithstanding the foregoing, where the failure or any delay to correct such failure may 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 performance of such work.

Equipment Warranty. In addition to the warranty stated in the GTCson Buyer’s PO terms and conditions, Supplier warrants that all Equipment supplied hereunder and all Software, parts and components thereof will be of good quality and free from defects in material and workmanship for a period of three (3) years from the Final Acceptance Date or Supplier’s published warranty, whichever is longer (the “Warranty Period”)longer. Such warranties shall survive any inspection, delivery, acceptance or payment by Buyer of such Equipment and Servicesservices, and shall survive the expiration or termination (including cancellation) of the PO or the AgreementPO. Such warranties, together with all other express and implied warranties of Supplier, shall run in favor of XxxxxBuyer, its successors and assigns. Buyer may charge Supplier all expenses of inspecting, unpackaging, examining, repacking, storing, returning storing and re-shipping any defective or nonconforming Equipment. Any Prior testing periods of Equipment, which is prior to the Final Acceptance, Equipment shall not start the running of the Warranty Periodwarranty period. Supplier agrees to repair Equipment or to replace any necessary parts at the premises designated by Buyer Buyer’s site at no charge during the Warranty Periodwarranty period. When repairs are required, required the Warranty Period warranty period shall be interrupted for the repair period. The Warranty Period warranty period will resume when the Equipment is again in complete and full-time operation according to the Equipment SpecificationAcceptance 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. Notwithstanding the foregoing, where the failure or any delay to correct such failure may 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 performance of such work.