Exclusive Warranty Remedy Sample Clauses

Exclusive Warranty Remedy. With each order of Products delivered to Sonim, at no charge to Sonim, Company will deliver additional Product units equal to two percent (2%) of the ordered quantity for use as immediate warranty exchange units (“Swap Units”) as the sole and exclusive Product and Service Warranty remedy, except as otherwise provided in this Agreement.
Sample 1
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Exclusive Warranty Remedy. Epson will repair or replace (Epson to select the option) within [****************************************] at Epson’s designated repair location or give a credit (subject to mutual agreement of Epson and Buyer) for any System or component in breach of the warranty in the previous section. [*********************************************************]. Buyer shall bear all freight charges for Systems returned to Epson; Epson shall bear all freight costs for Systems returned or replaced. When warranty service involves the exchange of the System or of a part, the item replaced becomes Epson’s property. The exchanged System or part may be new or previously repaired and refurbished to like-new condition. Exchange or replacement Systems or parts are warranted for the remaining warranty period of the replaced System or 90 days, whichever is longer. Epson reserves the right to inspect returned Systems under warranty claim at Buyer’s facility. Notwithstanding anything to the contrary in this section, for a DOA unit, Epson shall provide a new (not refurbished) replacement unit. In this Agreement, a “DOA” unit means one that fails to operate the first time an attempt is made to operate it. Buyer’s exclusive warranty remedy for any System in breach of warranty is limited to repair, replacement or credit as set forth in this section 8.2.
Sample 1
Exclusive Warranty Remedy. For any breach of the above warranty specified in Paragraph 5.2, Customer’s exclusive remedy, and Solution Junkies' entire liability, shall be the re-performance of the Services at no additional cost. If Solution Junkies is unable to re-perform the Services as warranted, Customer shall be entitled to recover the portion of any fees paid to Solution Junkies for the deficient Services.
Sample 1
Exclusive Warranty Remedy. During the applicable warranty period stated in this Agreement, HID will provide the following sole and exclusive remedy in the event a Product is determined by HID to be defective in materials or assembly: 1. For defective Credentials (i.e., Cards, Key fobs, Tags), HID will credit Customer with the price paid by Customer for the defective Credentials. 2. For defective Readers, VertX Products, “Dorado by HID” Products, and MR Access Magnetic Stripe Readers, HID at its sole discretion will either repair the defective Product without charge or replace it with a new or refurbished Product. 3. For all other defective Products, HID at its sole discretion will either credit Customer with the price paid by Customer for the defective Product, repair the defective Product without charge, or replace the defective Product with a new or refurbished Product. Customer must deliver its warranty claim to HID during the warranty period in the manner described in Section III (B) below as a condition to receiving warranty service from HID. Return of the defective Product to HID is required (unless otherwise approved by an HID representative).
Sample 1

Related to Exclusive Warranty Remedy

  • Warranty Remedy If the Software, Cloud Services, or Hardware does not perform as warranted during the applicable warranty period, Company shall use commercially reasonable efforts to correct Errors. Customer shall promptly notify Company in writing of its claim within the applicable warranty period. Provided that such claim is determined by Licensor to be Company's responsibility, Customer's exclusive remedy under warranty as Customer's exclusive remedy for any warranty claim, Company shall, within 30 days of its receipt of Customer's written notice, (i) correct such Error; (ii) provide Customer with a plan reasonably acceptable to Customer for correcting the Error, or (iii) if neither (i) nor (ii) can be accomplished with reasonable commercial efforts from Company, then Company may terminate the license for the affected Product and issue Customer a refund of the license Fees paid for the affected Product. The preceding warranty cure constitutes Company's entire liability and Customer's exclusive remedy for Company's breach of the warranties stated in this Section

  • Warranty Remedies Contractor acknowledges that all warranties granted to the Department by the Uniform Commercial Code of the State of Utah apply to the Contract. Product liability disclaimers and/or warranty disclaimers from Contractor are not applicable to the Contract. For any goods or service that the Department determines does not conform with this warranty, the Department may arrange to have the item repaired or replaced, or the service performed either by Contractor or by a third party at the Department's option, at Contractor's expense. If any item or services does not conform to this warranty, Contractor shall refund the full amount of any payments made. Nothing in this warranty will be construed to limit any rights or remedies the Department may otherwise have under the contract.

  • Exclusive Remedy The foregoing shall constitute the Parties' sole and exclusive remedies and obligations with respect to a third party claim of intellectual property infringement arising out of the conduct of business under this Agreement.

  • Exclusive Remedies Subject to Section 9.12, the parties acknowledge and agree that their sole and exclusive remedy with respect to any and all claims (other than claims arising from intentional fraud on the part of a party hereto in connection with the transactions contemplated by this Agreement) for any breach of any representation, warranty, covenant, agreement or obligation set forth herein or otherwise relating to the subject matter of this Agreement, shall be pursuant to the indemnification provisions set forth in this ARTICLE VII. In furtherance of the foregoing, each party hereby waives, to the fullest extent permitted under the law, any and all rights, claims and causes of action for any breach of any representation, warranty, covenant, agreement or obligation set forth herein or otherwise relating to the subject matter of this Agreement it may have against the other parties hereto and their affiliates and each of their respective representatives arising under or based upon any law, rule or regulation, except pursuant to the indemnification provisions set forth in this ARTICLE VII. Nothing in this Section 7.05 shall limit any person’s right to seek and obtain any equitable relief to which any person shall be entitled pursuant to Section 9.12 or to seek any remedy on account of any intentional fraud by any party hereto.

  • Nonexclusive Remedy Except as expressly set forth in this Agreement, the exercise by either party of any of its remedies under this Agreement will be without prejudice to its other remedies under this Agreement or otherwise.

  • Non-Exclusive Remedy Notwithstanding anything herein to the contrary, termination of this Agreement by a Party shall be without prejudice to other remedies such Party may have at law or equity.

  • Nonexclusive Remedies All remedies provided in this Agreement may be exercised individually or in combination with any other available remedy. Contractor shall notify the JBE immediately if Contractor is in default, or if a third party claim or dispute is brought or threatened that alleges facts that would constitute a default under this Agreement. If Contractor is in default, the JBE may do any of the following: (i) withhold all or any portion of a payment otherwise due to Contractor, and exercise any other rights of setoff as may be provided in this Agreement or any other agreement between a Judicial Branch Entity and Contractor; (ii) require Contractor to enter into nonbinding mediation; (iii) exercise, following Notice, the JBE’s right of early termination of this Agreement as provided herein; and (iv) seek any other remedy available at law or in equity.

  • Non-Exclusive Remedies The remedies provided for in this Section 7 are not exclusive and shall not limit any rights or remedies which may otherwise be available to any Indemnified Person at law or in equity.

  • Breach; Remedies Failure of either party to perform any obligation of this Contract shall be deemed a breach. Except as otherwise provided for by law or this Contract, the rights and remedies of the parties shall not be exclusive and are in addition to any other rights and remedies provided by law or equity, including but not limited to actual damages, and to a prevailing party reasonable attorneys' fees and costs. It is specifically agreed that reasonable attorneys' fees shall not exceed $150.00 per hour.

  • Specific Remedy In addition to such other rights and remedies as the Company may have at equity or in law with respect to any breach of this Agreement, if you commit a material breach of any of the provisions of Sections 9.1, 9.2, or 10, the Company shall have the right and remedy to have such provisions specifically enforced by any court having equity jurisdiction, it being acknowledged and agreed that any such breach or threatened breach will cause irreparable injury to the Company.

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