Express Limited Warranty. This Section 6.2 sets forth Flextronics’s sole and exclusive warranty and Customer’s sole and exclusive remedies with respect to a breach by Flextronics of such warranty.
(a) Flextronics hereby warrants to Customer that the Products will have been manufactured in accordance with the Specifications and will be free from defects in workmanship for a period of **** from the date of shipment.
(b) Notwithstanding anything else in this Agreement, this express limited warranty does not apply to, and Flextronics makes no representations or warranties whatsoever with respect to: (i) Materials and/or Customer Controlled 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. Customer shall be liable for costs or expenses incurred by Flextronics related to the foregoing exclusions to Flextronics’s express limited warranty to the extent provided in Section 10.2.
(c) Upon any failure of a Product to comply with this express limited 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 defective Products covered by this warranty freight collect 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, subject to Section 6.1(b).
(d) Customer will provide its own warranties directly to any of its end users or other third parties. Customer will not pass through to end users or other third parties the warranties made by Flextronics under this Agreement. Furthermore, Customer will not make any representations to end users or other third parties on behalf of Flextronics, and Customer 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....
Express Limited Warranty. Flextronics warrants that the Products will ------------------------ conform to Replay Networks' applicable Specifications and will be free from defects in workmanship for a period of [***] days from the date of shipment. Materials are warranted to the same extent that the original manufacturer warrants the materials. This express limited warranty does not apply to (a) materials consigned or supplied by Replay Networks to Flextronics; (b) defects resulting from Replay Networks' design of the Products; (c) any other defects; or (d) Product that has been abused, damaged, altered or misused by any person or entity after title passes to Replay Networks. With respect to first articles, prototypes, pre-production units, test units or other similar Products, Flextronics makes no representations or warranties whatsoever. Notwithstanding anything else in this Agreement, Flextronics assumes no liability for or obligation related to the performance, accuracy, specifications, failure to meet specifications or defects of or due to tooling, designs or instructions produced or supplied by Replay Networks and Replay Networks shall be liable for costs or expenses incurred by Flextronics related thereto. Upon any failure of a Product to comply with the above warranty, Flextronics' sole obligation, and Replay Networks' sole remedy, is for Flextronics, at its option, to promptly repair or replace such unit and return it to Replay Networks freight collect. Replay Networks shall return Products covered by the warranty freight pre-paid after completing a failure report and obtaining a return material authorization number from Flextronics to be displayed on the shipping container. FLEXTRONICS MAKES NO OTHER WARRANTIES OR CONDITIONS ON THE PRODUCTS, EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS AGREEMENT OR COMMUNICATION WITH [***] = CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. REPLAY NETWORKS, AND FLEXTRONICS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Express Limited Warranty. As the sole and exclusive warranty and Nutanix’s sole and exclusive remedy with respect to a breach by Flextronics of such warranty, the following shall apply.
(a) Flextronics warrants that the Products shall have been manufactured in accordance with the applicable Specifications and shall be free from defects in workmanship for a period of [***] from the date of shipment. As used herein, “Specifications” means the written manufacturing/assembly specifications and instructions for the Products provided by Nutanix to Flextronics.
Express Limited Warranty. For the purpose of this Agreement, “
Express Limited Warranty. VEM warrants that the Products-will have been manufactured in accordance with Customer’s applicable Specifications and will be free from defects in workmanship for a period of twelve (12) months from the date of shipment. […***…]. This express limited warranty does not apply to (a) materials consigned or supplied by Customer to VEM; (b) defects resulting from Customer’s Specifications or the design of the Products; (c) Product that has been abused, damaged, altered or misused by any person or entity after title passes to Customer. With respect to first articles, prototypes, pre-production units, test units or other similar Products, VEM makes no representations or warranties whatsoever. Notwithstanding anything else in this Agreement, VEM assumes no liability for or obligation related to the performance, accuracy, specifications, failure to meet specifications or defects of or due to tooling, designs or instructions produced or supplied by Customer and Customer shall be liable for costs or expenses incurred by VEM related thereto. Upon any failure of a Product to comply with the above warranty, VEM’s sole obligation, and Customer’s sole remedy, is for VEM, at its option, to promptly repair or replace such unit and return it to Customer freight prepaid. Customer shall return Products covered by the warranty freight pre-paid after completing a failure report and obtaining a return material authorization number from VEM 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 VEM for which there is no defect found.
Express Limited Warranty a. Consumer Rights You may have the benefit of certain rights or remedies pursuant to the Trade Practices Act and similar state and territory laws in Australia or the Consumer Guarantees Act in New Zealand or any other applicable law, in respect of which certain liability may not be excluded.
Express Limited Warranty. This Section 7.2 sets forth Supplier’s sole and exclusive warranty and Ouster’s sole and exclusive remedies with respect to a breach by Supplier of such warranty.
(a) Supplier warrants that the Products will have been manufactured in accordance with IPC 610 Class 2 or other agreed to in writing applicable Specifications and will be free from defects in Workmanship for a period of one (1) year from the date of shipment. In addition, Supplier warrants that (A) Materials shall be used in manufacturing in compliance with Product Content Regulations, and (B) Supplier will not manufacture Products using Materials from vendors that are not on the Approved Vendor List, unless otherwise agreed in writing by Ouster. In addition, Supplier will pass on, transfer and/or assign to Ouster all Materials manufacturer warranties to the extent possible, but Supplier does not independently warrant any Materials.
(b) Notwithstanding anything else in this Agreement, this express limited warranty does not apply to, and Supplier makes no representations or warranties whatsoever with respect to: (i) Materials and/or [***]; (ii) defects resulting from the Specifications or the design of the Products; (iii) Product that has been abused, damaged, altered or misused or stored, handled or installed improperly by any person or entity after title passes to Ouster; (iv) first articles, prototypes, pre-production units, test units or other similar Products; (v) defects resulting from tooling, equipment, designs or instructions produced or supplied by Ouster; (vi) the compliance of Materials or Products with any Product Content Regulations; and/or (vii) Products without specified functional tests to allow adequate failure diagnosis. Ouster shall be liable for costs or expenses incurred by Supplier related to the foregoing exclusions to Supplier’s express limited warranty.
(c) Upon any failure of a Product to comply with this express limited warranty (a “Nonconforming Product”), Supplier’s sole obligation, and Ouster’s sole remedy, is for Supplier, at its option, to promptly repair or replace such Nonconforming Product unit and return it to Ouster freight prepaid Ouster shall return Nonconforming Products covered by this warranty freight prepaid after completing a failure report and obtaining a return material authorization (RMA) number from Supplier to be displayed on the shipping container. All returns shall state the specific reason for such return and will be processed in accordance with...
Express Limited Warranty. This Section 5.2 sets forth Representative’s sole and exclusive warranty and IDO’s sole and exclusive remedies with respect to a breach by Representative of such warranty.
5.2.1 Representative warrants that the Products will have been manufactured in accordance with the applicable Specifications and will be free from defects in workmanship for a period which is the lessor of one year from the date of shipment to end user and eighteen months from shipments from Representative’s facility under section 4.2. In addition, Representative warrants that the Products will be free from defects in Materials to the same extent that the original manufacturer of the Material provides a warranty for the Materials to Representative, provided, however, in the event of a defect in Material provided by a third party the Representative’s sole liability and obligation shall be to use best commercial efforts to act as IDO’s agent in procuring warranty rights from such third party.
5.2.2 Notwithstanding anything else in this Agreement, this express limited warranty does not apply to, and Representative makes no representations or warranties whatsoever with respect to: (i) IDO Controlled 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 IDO; (iv) first articles, prototypes, pre-production units, test units or other similar Products or (v) defects resulting from tooling, designs or instructions produced or supplied by IDO.
5.2.3 Upon any failure of a Product to comply with this express limited warranty, Representative’s sole obligation, and IDO’s sole remedy, is for Representative, at its option, to promptly repair or replace such unit and return it to IDO freight prepaid. IDO shall return Products covered by this warranty freight prepaid after completing a failure report and obtaining a return material authorization number from Representative to be displayed on the shipping container.
Express Limited Warranty. Compusoft GB Ltd warrants that the software will per- form substantially in accordance with the product manu- al/help section and that the software will be free from defects in materials and workmanship under normal use and service. The purchaser is held responsible to install and test the software within 14 days after receipt. The purchaser is obliged to give written notice of obvious defects in the software to Compusoft GB Ltd within 14 days of detection of any defect. In the case where the purchaser does not fulfil this obligation they will lose any claim under warranty.
Express Limited Warranty. This Section sets forth Flextronics’s sole and exclusive warranty and Customer’s sole and exclusive remedies with respect to a breach by Flextronics of such warranty.
(a) Flextronics warrants that the Products shall have been manufactured in accordance with the applicable Specifications and shall be free from defects in workmanship [***] from the date of shipment. In addition, Flextronics warrants that Production Materials are in compliance with Environmental Regulations.
(b) Notwithstanding anything else in this Agreement, this express limited warranty does not apply to, and [***].
(c) Upon any failure of a Product to comply with this express limited warranty, Flextronics’s sole obligation, and Customer’s sole remedy, is for Flextronics, at Flextronics’s option, to promptly repair or replace such unit and return it to Customer, freight prepaid. In the event that such unit cannot be repaired or replaced using commercially reasonable efforts, Flextronics shall refund the price paid by the Customer to Flextronics for such unit. 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. This warranty will not apply to any Product that is returned more than [***] after the expiration of the warranty period set forth in Section 7.2(a). Furthermore, this warranty shall not apply if the Customer has removed from Flextronics’s possession, for any reason, any tools or equipment that are necessary to repair the Product. 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) [***].
