Express Limited Warranties. This Section 7.2 sets forth Flextronics’s sole and exclusive warranties and Customer’s sole and exclusive remedies with respect to a breach by Flextronics of such warranties. [***] Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential Treatment has been requested with respect to the omitted portions. FLEXTRONICS CONFIDENTIAL (a) Flextronics warrants that the Products shall have been manufactured in accordance with [***] applicable Specifications and shall be free from defects in workmanship for a period of one (1) year from the date of shipment. In addition, Flextronics warrants that Production Materials are in compliance with Environmental Regulations. In addition, Flextronics warrants that, upon delivery of Product to Customer or its Affiliates or to a third party designated by Customer of its Affiliates pursuant to this Agreement, Customer or its Affiliate or such third party will acquire good and valid title to the Product free and clear of all liens and encumbrances; provided, however, that this warranty does not include a warranty of non-infringement of any Intellectual Property Rights. (b) Notwithstanding anything else in this Agreement, the express limited warranties set forth in Section 7.2(a) do not apply to, and Flextronics makes no representations or warranties whatsoever with respect to: (i) Materials; (ii) defects resulting from the Specifications or the design of the Products; (iii) Product that has been abused, damaged, altered or misused by any person or entity after title passes to Customer; (iv) first articles, prototypes, pre-production units, test units or other similar Products; (v) defects resulting from tooling, designs or instructions produced or supplied by Customer, or (vi) the compliance of Materials or Products with any Environmental Regulations. (c) Upon any failure of a Product to comply with the express limited warranties set forth in Section 7.2(a), Flextronics’s sole obligation, and Customer’s sole remedy, is for Flextronics, at its option, to promptly repair or replace such unit and return it to Customer freight prepaid. Customer shall return Products covered by this warranty freight prepaid after completing a failure report and obtaining a return material authorization number from Flextronics to be displayed on the shipping container. Customer shall bear all of the risk, and all costs and expenses, associated with Products that have been returned to Flextronics for which there is no defect found. (d) Customer shall provide its own warranties directly to any of its end users or other third parties. Customer shall not pass through to end users or other third parties the warranties made by Flextronics under this Agreement or any Materials warranties passed-through to Customer pursuant to Section 5.2(d); provided, however, that this shall not limit or affect any warranties made by Flextronics to Customer in this Agreement or any rights of Customer related to such warranties. Customer shall not make any representations to end users or other third parties on behalf of Flextronics, and Customer shall expressly indicate that the end users and third parties must look solely to Customer in connection with any problems, warranty claim or other matters concerning the Product.
Appears in 2 contracts
Samples: Manufacturing Agreement (Tintri, Inc.), Manufacturing Agreement (Tintri, Inc.)
Express Limited Warranties. This Section 7.2 sets forth Flextronics’s sole and exclusive warranties and Customer’s sole and exclusive remedies with respect to a breach by Flextronics of such warranties. [***] Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential Treatment has been requested with respect to the omitted portions. FLEXTRONICS CONFIDENTIAL
(a) Flextronics represents and warrants to Customer that:
(i) it will perform the Work in a good, professional and workmanlike manner;
(ii) the Production Materials are in compliance with Environmental Regulations; and
(b) Flextronics represents and warrants to Customer that the Products shall will have been manufactured in accordance compliance with [***] the applicable Specifications and shall will be free from defects in workmanship for a period of one (1) 1 year from the date of shipmentshipment (such 1-year period, the “Warranty Period”). In additionFor ODM Products only (but not for any EMS or other Products), the immediately preceding representation and warranty shall be read as follows: “Flextronics represents and warrants to Customer that Production Materials are the ODM Products will have been manufactured in compliance with Environmental Regulations. In addition, the applicable Specifications and will be free from defects in workmanship and Flextronics warrants that, upon delivery Controlled Materials for a period of Product [***] from the date of shipment (“Warranty Period”) Flextronics’s sole obligation with respect to Materials other than Flextronics Controlled Materials (“Customer or its Affiliates or to a third party designated by Customer of its Affiliates pursuant to this Agreement, Customer or its Affiliate or such third party will acquire good and valid title to the Product free and clear of all liens and encumbrances; provided, however, that this warranty does not include a warranty of non-infringement of any Intellectual Property Rights.
(bControlled Materials”) Notwithstanding anything else in this Agreement, the express limited warranties is as set forth in Section 7.2(a) do not apply to, and Flextronics makes no representations or warranties whatsoever with respect to: (i) Materials; (ii) defects resulting from the Specifications or the design of the Products; (iii) Product that has been abused, damaged, altered or misused by any person or entity after title passes to Customer; (iv) first articles, prototypes, pre-production units, test units or other similar Products; (v) defects resulting from tooling, designs or instructions produced or supplied by Customer, or (vi) the compliance of Materials or Products with any Environmental Regulations.
(c) 4.5”. Upon any failure of a Product to comply with the this express limited warranties set forth in Section 7.2(a)warranty, Flextronics’s sole obligation, and Customer’s sole remedy, is for Flextronics, at its option, to promptly repair or replace such unit Product and return it to Customer freight prepaid. Customer shall return Products covered by this warranty freight prepaid after completing a failure report and obtaining a return material authorization number from Flextronics to be displayed on the shipping container. Repaired or replaced Products supplied by Flextronics under this Section will be warranted for the period of time remaining in the original Warranty Period for the Product, but not less than [***] days. Customer shall bear the risk of loss or damage to, as well as all of the risk, and all shipping costs and expensesexpenses associated with, associated with Products that have been returned to Flextronics under warranty, but for which there is no defect is found.
(c) Notwithstanding anything else in this Agreement, this express limited warranty does not apply to, and, except as otherwise set forth in this Agreement, Flextronics makes no representations or warranties whatsoever with respect to: (i) Materials and/or Customer Controlled Materials; (ii) defects resulting from the Specifications (including the design of the Products); (iii) Products that have been abused, damaged, altered or misused by any person or entity other than Flextronics or its subcontractors or agents; (iv) first articles, prototypes, pre-production units, test units or other products not intended for commercial resale; (v) defects resulting from tooling, designs or written instructions produced or supplied by Customer, or (vi) the compliance of Materials or Products with any Environmental Regulations. Customer shall be liable for costs or expenses incurred by Flextronics related to the foregoing exclusions to Flextronics’s express limited warranty; provided that, to the extent reasonably feasible, Flextronics provides Customer with prior written notice of any costs, expenses or other amounts that Flextronics (or any Flextronics Affiliate) intends to incur and receives Customer’s prior written approval of such costs, expenses or other amounts. In no event shall Customer be responsible for any costs, expenses or other amounts that Flextronics (or any Flextronics Affiliate) incurs pursuant to this Section 6.2(c) if Flextronics (or any Flextronics Affiliate) does not comply with the foregoing conditions as to notice and approval.
(d) Customer shall will provide its own warranties (if any) directly to any of its end users or other third parties. Customer shall will not pass through to end users or other third parties the warranties made by Flextronics under this Agreement or any Materials warranties passed-through to Agreement. Furthermore, Customer pursuant to Section 5.2(d); provided, however, that this shall not limit or affect any warranties made by Flextronics to Customer in this Agreement or any rights of Customer related to such warranties. Customer shall will not make any representations to end users or other third parties on behalf of Flextronics, and Customer shall will expressly indicate that the end users and third parties must look solely to Customer in connection with disclaim any problems, liability by its suppliers for any warranty claim or other matters liability concerning the Product.
Appears in 2 contracts
Samples: Manufacturing Services Agreement, Manufacturing Services Agreement (Palo Alto Networks Inc)
Express Limited Warranties. This Section 7.2 sets forth Flextronics’s sole and exclusive warranties and Customer’s sole and exclusive remedies with respect to a breach by Flextronics of such warranties. [***] Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential Treatment has been requested with respect to the omitted portions. FLEXTRONICS CONFIDENTIAL
(a) Flextronics represents and warrants to Customer that:
(i) it will perform the Work in a good, professional and workmanlike manner;
(ii) the Production Materials are in compliance with Environmental Regulations; and
(b) Flextronics represents and warrants to Customer that the Products shall will have been manufactured in accordance compliance with [***] the applicable Specifications and shall will be free from defects in workmanship for a period of one (1) 1 year from the date of shipmentshipment (such 1-year period, the “Warranty Period”). In additionFor ODM Products only (but not for any EMS or other Products), the immediately preceding representation and warranty shall be read as follows: "Flextronics represents and warrants to Customer that Production Materials are the ODM Products will have been manufactured in compliance with Environmental Regulations. In addition, the applicable Specifications and will be free from defects in workmanship and Flextronics warrants that, upon delivery Controlled Materials for a period of Product [***] from the date of shipment ("Warranty Period") Flextronics's sole obligation with respect to Materials other than Flextronics Controlled Materials ("Customer or its Affiliates or to a third party designated by Customer of its Affiliates pursuant to this Agreement, Customer or its Affiliate or such third party will acquire good and valid title to the Product free and clear of all liens and encumbrances; provided, however, that this warranty does not include a warranty of non-infringement of any Intellectual Property Rights.
(bControlled Materials") Notwithstanding anything else in this Agreement, the express limited warranties is as set forth in Section 7.2(a) do not apply to, and Flextronics makes no representations or warranties whatsoever with respect to: (i) Materials; (ii) defects resulting from the Specifications or the design of the Products; (iii) Product that has been abused, damaged, altered or misused by any person or entity after title passes to Customer; (iv) first articles, prototypes, pre-production units, test units or other similar Products; (v) defects resulting from tooling, designs or instructions produced or supplied by Customer, or (vi) the compliance of Materials or Products with any Environmental Regulations.
(c) 4.5”. Upon any failure of a Product to comply with the this express limited warranties set forth in Section 7.2(a)warranty, Flextronics’s 's sole obligation, and Customer’s 's sole remedy, is for Flextronics, at its option, to promptly repair or replace such unit Product and return it to Customer freight prepaid. Customer shall return Products covered by this warranty freight prepaid after completing a failure report and obtaining a return material authorization number from Flextronics to be displayed on the shipping container. Repaired or replaced Products supplied by Flextronics under this Section will be warranted for the period of time remaining in the original Warranty Period for the Product, but not less than [***] days. Customer shall bear the risk of loss or damage to, as well as all of the risk, and all shipping costs and expensesexpenses associated with, associated with Products that have been returned to Flextronics under warranty, but for which there is no defect is found.
(c) Notwithstanding anything else in this Agreement, this express limited warranty does not apply to, and, except as otherwise set forth in this Agreement, Flextronics makes no representations or warranties whatsoever with respect to: (i) Materials and/or Customer Controlled Materials; (ii) defects resulting from the Specifications (including the design of the Products); (iii) Products that have been abused, damaged, altered or misused by any person or entity other than Flextronics or its subcontractors or agents; (iv) first articles, prototypes, pre-production units, test units or other products not intended for commercial resale; (v) defects resulting from tooling, designs or written instructions produced or supplied by Customer, or (vi) the compliance of Materials or Products with any Environmental Regulations. Customer shall be liable for costs or expenses incurred by Flextronics related to the foregoing exclusions to Flextronics's express limited warranty; provided that, to the extent reasonably feasible, Flextronics provides Customer with prior written notice of any costs, expenses or other amounts that Flextronics (or any Flextronics Affiliate) intends to incur and receives Customer's prior written approval of such costs, expenses or other amounts. In no event shall Customer be responsible for any costs, expenses or other amounts that Flextronics (or any Flextronics Affiliate) incurs pursuant to this Section 6.2(c) if Flextronics (or any Flextronics Affiliate) does not comply with the foregoing conditions as to notice and approval.
(d) Customer shall will provide its own warranties (if any) directly to any of its end users or other third parties. Customer shall will not pass through to end users or other third parties the warranties made by Flextronics under this Agreement or any Materials warranties passed-through to Agreement. Furthermore, Customer pursuant to Section 5.2(d); provided, however, that this shall not limit or affect any warranties made by Flextronics to Customer in this Agreement or any rights of Customer related to such warranties. Customer shall will not make any representations to end users or other third parties on behalf of Flextronics, and Customer shall will expressly indicate that the end users and third parties must look solely to Customer in connection with disclaim any problems, liability by its suppliers for any warranty claim or other matters liability concerning the Product.
Appears in 1 contract
Samples: Manufacturing Services Agreement (Palo Alto Networks Inc)
Express Limited Warranties. This Section 7.2 sets forth Flextronics’s sole and exclusive warranties and Customer’s sole and exclusive remedies with respect to Flextronics warrants that for a breach by Flextronics period of such warranties. [***] Information has been omitted and filed separately with thirteen (13) months from the Securities and Exchange Commission. Confidential Treatment has been requested with respect to date of shipment the omitted portions. FLEXTRONICS CONFIDENTIAL
Products will (a) Flextronics warrants that the Products shall have been be manufactured in accordance with [***] Customer's applicable Specifications and shall will be free from defects in workmanship for a period workmanship, (b) consist of one new materials (1not used, recycled, except as may be approved in advance by Customer, (c) year from the date of shipment. In addition, Flextronics warrants that Production Materials are in compliance with Environmental Regulations. In addition, Flextronics warrants that, upon delivery of Product be delivered to Customer or its Affiliates or to a third party designated by Customer of its Affiliates pursuant to this Agreement, Customer or its Affiliate or such third party will acquire good and valid title to the Product free and clear of all liens any third party right. Materials are warranted to the same extent that the original manufacturer warrants the Materials and encumbrances; provided, however, that this Flextronics passes such warranties through to Customer. This express limited warranty does not include a warranty of non-infringement of any Intellectual Property Rights.
apply to (a) Materials consigned or supplied by Customer to Flextronics; (b) Notwithstanding anything else in this Agreement, the express limited warranties set forth in Section 7.2(a) do not apply to, and Flextronics makes no representations or warranties whatsoever with respect to: (i) Materials; (ii) defects resulting from the Customer's Specifications or the design of the Products; and (iiic) Product that has been abused, damaged, altered or misused by any person or entity after title passes to Customer; (iv) . With respect to first articles, prototypes, pre-production units, test units or other similar Products; (v) , Flextronics makes no representations or warranties whatsoever. Notwithstanding anything else in this Agreement or otherwise, Flextronics assumes no liability for or obligation related to the performance, accuracy, Specifications, failure to meet Specifications or defects resulting from of or due to tooling, designs or instructions produced or supplied by Customer, or (vi) the compliance of Materials or Products with any Environmental Regulations.
(c) . Upon any failure of a Product to comply with the express limited warranties set forth in Section 7.2(a)above warranty, Flextronics’s ’ sole obligation, and Customer’s 's sole remedy, is for Flextronics, at its option, to promptly repair or replace such unit and return it to Customer freight prepaid. Customer shall return Products covered by this the warranty freight prepaid after completing a failure report and obtaining a return material authorization number from Flextronics to be displayed on the shipping container. Customer shall bear all of the risk, and all costs and expenses, associated with Products that have been returned to Flextronics for which there is no defect found.
(d) . Customer shall will provide its own warranties directly to any of its end users or other third parties. Customer shall will not pass through to end users or other third parties the warranties made by Flextronics under this Agreement or any Materials warranties passed-through to Agreement. Furthermore, Customer pursuant to Section 5.2(d); provided, however, that this shall not limit or affect any warranties made by Flextronics to Customer in this Agreement or any rights of Customer related to such warranties. Customer shall will not make any representations to end users or other third parties on behalf of Flextronics, and Customer shall will expressly indicate that the end users and third parties must look solely to Customer in connection with any problems, warranty claim or other matters concerning the Product. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, FLEXTRONICS MAKES NO OTHER WARRANTIES OR CONDITIONS ON THE PRODUCTS, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH CUSTOMER, AND FLEXTRONICS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Appears in 1 contract
Samples: Manufacturing Services Agreement (Allot Communications Ltd.)
Express Limited Warranties. This Section 7.2 sets forth Flextronics’s sole (a) Flextronics represents and exclusive warranties warrants to Customer that:
(i) it will perform the Work in a good, professional and Customer’s sole and exclusive remedies with respect to a breach by Flextronics of such warranties. workmanlike manner; [***] Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential Treatment has been requested with respect to the omitted portions. Confidential Treatment Requested by Palo Alto Networks, Inc. FLEXTRONICS AND PALO ALTO NETWORKS CONFIDENTIAL
(aii) the Production Materials are in compliance with Environmental Regulations; and
(b) Flextronics represents and warrants to Customer that the Products shall will have been manufactured in accordance compliance with [***] the applicable Specifications and shall will be free from defects in workmanship for a period of one (1) 1 year from the date of shipment. In addition, Flextronics warrants that Production Materials are in compliance with Environmental Regulations. In addition, Flextronics warrants that, upon delivery of Product to Customer or its Affiliates or to a third party designated by Customer of its Affiliates pursuant to this Agreement, Customer or its Affiliate or shipment (such third party will acquire good and valid title to the Product free and clear of all liens and encumbrances; provided, however, that this warranty does not include a warranty of non-infringement of any Intellectual Property Rights.
(b) Notwithstanding anything else in this Agreementl - year period, the express limited warranties set forth in Section 7.2(a) do not apply to, and Flextronics makes no representations or warranties whatsoever with respect to: (i) Materials; (ii) defects resulting from the Specifications or the design of the Products; (iii) Product that has been abused, damaged, altered or misused by any person or entity after title passes to Customer; (iv) first articles, prototypes, pre-production units, test units or other similar Products; (v) defects resulting from tooling, designs or instructions produced or supplied by Customer, or (vi) the compliance of Materials or Products with any Environmental Regulations.
(c) “Warranty Period”). Upon any failure of a Product to comply with the this express limited warranties set forth in Section 7.2(a)warranty, Flextronics’s sole obligation, and Customer’s sole remedy, is for Flextronics, at its option, to promptly repair or replace such unit Product and return it to Customer freight prepaid. Customer shall return Products covered by this warranty freight prepaid after completing a failure report and obtaining a return material authorization number from Flextronics to be displayed on the shipping container. Repaired or replaced Products supplied by Flextronics under this Section will be warranted for the period of time remaining in the original Warranty Period for the Product, but not less than ninety (90) days. Customer shall bear the risk of loss or damage to, as well as all of the risk, and all shipping costs and expensesexpenses associated with, associated with Products that have been returned to Flextronics under warranty, but for which there is no defect is found.
(c) Notwithstanding anything else in this Agreement, this express limited warranty does not apply to, and, except as otherwise set forth in this Agreement, Flextronics makes no representations or warranties whatsoever with respect to: (i) Materials and/or Customer Controlled Materials; (ii) defects resulting from the Specifications (including the design of the Products); (iii) Products that have been abused, damaged, altered or misused by any person or entity other than Flextronics or its subcontractors or agents; (iv) first articles, prototypes, pre-production units, test units or other products not intended for commercial resale; (v) defects resulting from tooling, designs or written instructions produced or supplied by Customer, or (vi) the compliance of Materials or Products with any Environmental Regulations. Customer shall be liable for costs or expenses incurred by Flextronics related to the foregoing exclusions to Flextronics’s express limited warranty; provided that, to the extent reasonably feasible, Flextronics provides Customer with prior written notice of any costs, expenses or other amounts that Flextronics (or any Flextronics Affiliate) intends to incur and receives Customer’s prior written approval of such costs, expenses or other amounts. In no event shall Customer be responsible for any costs, expenses or other amounts that Flextronics (or any Flextronics Affiliate) incurs pursuant to this Section 6.2(c) if Flextronics (or any Flextronics Affiliate) does not comply with the foregoing conditions as to notice and approval.
(d) Customer shall will provide its own warranties (if any) directly to any of its end users or other third parties. Customer shall will not pass through to end users or other third parties the warranties made by Flextronics under this Agreement or any Materials warranties passed-through to Agreement. Furthermore, Customer pursuant to Section 5.2(d); provided, however, that this shall not limit or affect any warranties made by Flextronics to Customer in this Agreement or any rights of Customer related to such warranties. Customer shall will not make any representations to end users or other third parties on behalf of Flextronics, and Customer shall will expressly indicate that the end users and third parties must look solely to Customer in connection with disclaim any problems, liability by its suppliers for any warranty claim or other matters liability concerning the Product.. [***] Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential Treatment has been requested with respect to the omitted portions. Confidential Treatment Requested by Palo Alto Networks, Inc. FLEXTRONICS AND PALO ALTO NETWORKS CONFIDENTIAL
Appears in 1 contract
Samples: Manufacturing Services Agreement
Express Limited Warranties. This Section 7.2 sets forth Flextronics’s sole and exclusive warranties and Customer’s sole and exclusive remedies with respect to Flextronics warrants that for a breach by Flextronics period of such warranties. [***] Information has been omitted and filed separately with thirteen (13) months from the Securities and Exchange Commission. Confidential Treatment has been requested with respect to date of shipment the omitted portions. FLEXTRONICS CONFIDENTIAL
Products will (a) Flextronics warrants that the Products shall have been be manufactured in accordance with [***] Customer’s applicable Specifications and shall will be free from defects in workmanship for a period workmanship, (b) consist of one new materials (1not used, recycled, except as may be approved in advance by Customer, (c) year from the date of shipment. In addition, Flextronics warrants that Production Materials are in compliance with Environmental Regulations. In addition, Flextronics warrants that, upon delivery of Product be delivered to Customer or its Affiliates or to a third party designated by Customer of its Affiliates pursuant to this Agreement, Customer or its Affiliate or such third party will acquire good and valid title to the Product free and clear of all liens any third party right. Materials are warranted to the same extent that the original manufacturer warrants the Materials and encumbrances; provided, however, that this Flextronics passes such warranties through to Customer. This express limited warranty does not include a warranty of non-infringement of any Intellectual Property Rights.
apply to (a) Materials consigned or supplied by Customer to Flextronics; (b) Notwithstanding anything else in this Agreement, the express limited warranties set forth in Section 7.2(a) do not apply to, and Flextronics makes no representations or warranties whatsoever with respect to: (i) Materials; (ii) defects resulting from the Customer’s Specifications or the design of the Products; and (iiic) Product that has been abused, damaged, altered or misused by any person or entity after title passes to Customer; (iv) . With respect to first articles, prototypes, pre-production units, test units or other similar Products; (v) , Flextronics makes no representations or warranties whatsoever. Notwithstanding anything else in this Agreement or otherwise, Flextronics assumes no liability for or obligation related to the performance, accuracy, Specifications, failure to meet Specifications or defects resulting from of or due to tooling, designs or instructions produced or supplied by Customer, or (vi) the compliance of Materials or Products with any Environmental Regulations.
(c) . Upon any failure of a Product to comply with the express limited warranties set forth in Section 7.2(a)above warranty, Flextronics’s ’ sole obligation, and Customer’s sole remedy, is for Flextronics, at its option, to promptly repair or replace such unit and return it to Customer freight prepaid. Customer shall return Products covered by this the warranty freight prepaid after completing a failure report and obtaining a return material authorization number from Flextronics to be displayed on the shipping container. Customer shall bear all of the risk, and all costs and expenses, associated with Products that have been returned to Flextronics for which there is no defect found.
(d) . Customer shall will provide its own warranties directly to any of its end users or other third parties. Customer shall will not pass through to end users or other third parties the warranties made by Flextronics under this Agreement or any Materials warranties passed-through to Agreement. Furthermore, Customer pursuant to Section 5.2(d); provided, however, that this shall not limit or affect any warranties made by Flextronics to Customer in this Agreement or any rights of Customer related to such warranties. Customer shall will not make any representations to end users or other third parties on behalf of Flextronics, and Customer shall will expressly indicate that the end users and third parties must look solely to Customer in connection with any problems, warranty claim or other matters concerning the Product.
Appears in 1 contract
Samples: Manufacturing Services Agreement (Allot Communications Ltd.)
Express Limited Warranties. This Section 7.2 sets forth Flextronics’s sole (a) Flextronics represents and exclusive warranties warrants to Customer that:
(i) it will perform the Work in a good, professional and Customer’s sole and exclusive remedies with respect to a breach by Flextronics of such warranties. workmanlike manner; [***] Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential Treatment has been requested with respect to the omitted portions. FLEXTRONICS AND PALO ALTO NETWORKS CONFIDENTIAL
(aii) the Production Materials are in compliance with Environmental Regulations; and
(b) Flextronics represents and warrants to Customer that the Products shall will have been manufactured in accordance compliance with [***] the applicable Specifications and shall will be free from defects in workmanship for a period of one (1) 1 year from the date of shipment. In addition, Flextronics warrants that Production Materials are in compliance with Environmental Regulations. In addition, Flextronics warrants that, upon delivery of Product to Customer or its Affiliates or to a third party designated by Customer of its Affiliates pursuant to this Agreement, Customer or its Affiliate or shipment (such third party will acquire good and valid title to the Product free and clear of all liens and encumbrances; provided, however, that this warranty does not include a warranty of non-infringement of any Intellectual Property Rights.
(b) Notwithstanding anything else in this Agreementl - year period, the express limited warranties set forth in Section 7.2(a) do not apply to, and Flextronics makes no representations or warranties whatsoever with respect to: (i) Materials; (ii) defects resulting from the Specifications or the design of the Products; (iii) Product that has been abused, damaged, altered or misused by any person or entity after title passes to Customer; (iv) first articles, prototypes, pre-production units, test units or other similar Products; (v) defects resulting from tooling, designs or instructions produced or supplied by Customer, or (vi) the compliance of Materials or Products with any Environmental Regulations.
(c) “Warranty Period”). Upon any failure of a Product to comply with the this express limited warranties set forth in Section 7.2(a)warranty, Flextronics’s sole obligation, and Customer’s sole remedy, is for Flextronics, at its option, to promptly repair or replace such unit Product and return it to Customer freight prepaid. Customer shall return Products covered by this warranty freight prepaid after completing a failure report and obtaining a return material authorization number from Flextronics to be displayed on the shipping container. Repaired or replaced Products supplied by Flextronics under this Section will be warranted for the period of time remaining in the original Warranty Period for the Product, but not less than ninety (90) days. Customer shall bear the risk of loss or damage to, as well as all of the risk, and all shipping costs and expensesexpenses associated with, associated with Products that have been returned to Flextronics under warranty, but for which there is no defect is found.
(c) Notwithstanding anything else in this Agreement, this express limited warranty does not apply to, and, except as otherwise set forth in this Agreement, Flextronics makes no representations or warranties whatsoever with respect to: (i) Materials and/or Customer Controlled Materials; (ii) defects resulting from the Specifications (including the design of the Products); (iii) Products that have been abused, damaged, altered or misused by any person or entity other than Flextronics or its subcontractors or agents; (iv) first articles, prototypes, pre-production units, test units or other products not intended for commercial resale; (v) defects resulting from tooling, designs or written instructions produced or supplied by Customer, or (vi) the compliance of Materials or Products with any Environmental Regulations. Customer shall be liable for costs or expenses incurred by Flextronics related to the foregoing exclusions to Flextronics’s express limited warranty; provided that, to the extent reasonably feasible, Flextronics provides Customer with prior written notice of any costs, expenses or other amounts that Flextronics (or any Flextronics Affiliate) intends to incur and receives Customer’s prior written approval of such costs, expenses or other amounts. In no event shall Customer be responsible for any costs, expenses or other amounts that Flextronics (or any Flextronics Affiliate) incurs pursuant to this Section 6.2(c) if Flextronics (or any Flextronics Affiliate) does not comply with the foregoing conditions as to notice and approval.
(d) Customer shall will provide its own warranties (if any) directly to any of its end users or other third parties. Customer shall will not pass through to end users or other third parties the warranties made by Flextronics under this Agreement or any Materials warranties passed-through to Agreement. Furthermore, Customer pursuant to Section 5.2(d); provided, however, that this shall not limit or affect any warranties made by Flextronics to Customer in this Agreement or any rights of Customer related to such warranties. Customer shall will not make any representations to end users or other third parties on behalf of Flextronics, and Customer shall will expressly indicate that the end users and third parties must look solely to Customer in connection with disclaim any problems, liability by its suppliers for any warranty claim or other matters liability concerning the Product.. [***] Information has been omitted and filed separately with the Securities and Exchange Commission. Confidential Treatment has been requested with respect to the omitted portions. FLEXTRONICS AND PALO ALTO NETWORKS CONFIDENTIAL
Appears in 1 contract
