Common use of Express Limited Warranty Clause in Contracts

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. Flextronics TDP warrants that the Products will ------------------------ conform to Replay Networks' Back 2 Health’s applicable Specifications and will be free from defects in workmanship for a period of [***] days from the date of shipment90 days. 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 Back 2 Health to FlextronicsTDP; (b) defects resulting from Replay Networks' Back 2 Health’s design of the ProductsProduct; (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 NetworksBack 2 Health. With respect to first articles, prototypes, pre-production units, test units or other similar Productsproducts, Flextronics TDP makes no representations or warranties whatsoever. Notwithstanding anything else in this Agreement, Flextronics TDP 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 Back 2 Health and Replay Networks Back 2 Health shall be liable for costs or expenses incurred by Flextronics TDP related thereto. Upon any failure of a Product to comply with the above warranty, Flextronics' TDP’s sole obligation, and Replay Networks' Back 2 Health’s sole remedy, is for FlextronicsTDP, at its option, to promptly repair or replace such unit and is limited to the purchase price of the product and return it to Replay Networks Back 2 Health freight collectpre-paid. Replay Networks TDP will bear all costs of repairing defective Product within warranty. Back 2 Health shall return Products covered by the warranty freight pre-paid after completing a failure report and obtaining a return material authorization number (RMA#) from Flextronics TDP to be displayed on the shipping container. FLEXTRONICS TDP 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 NETWORKSBACK 2 HEALTH, AND FLEXTRONICS TDP SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OR CONDITION OF OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

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 warrants that the Products will ------------------------ conform to Replay Networks' have been manufactured in accordance with the applicable Specifications and will be free from defects in workmanship for a period of [***] days from the date of shipment. In addition, Flextronics warrants that (A) Production Materials shall be used in compliance with Environmental Regulations, (B) Flextronics will not manufacture Products using Materials from vendors that are warranted to not on the same extent that the original manufacturer warrants the materials. This Approved Vendor List, unless otherwise agreed in writing by Customer. (b) Notwithstanding anything else in this Agreement, this express limited warranty does not apply to to, and Flextronics makes no representations or warranties whatsoever with respect to: (ai) materials consigned or supplied by Replay Networks to FlextronicsMaterials and/or Customer Controlled Materials; (bii) defects resulting from Replay Networks' the Specifications or the design of the Products; (c) any other defects; or (diii) Product that has been abused, damaged, altered or [***] = CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. -- 5 -- misused by any person or entity after title passes to Replay Networks. With respect to Customer; (iv) 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 ; (v) defects of or due to resulting from tooling, designs or instructions produced or supplied by Replay Networks and Replay Networks 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 thereto. to the foregoing exclusions to Flextronics’s express limited warranty. (c) Upon any failure of a Product to comply with the above this express limited warranty, Flextronics' ’s sole obligation, and Replay Networks' Customer’s sole remedy, is for Flextronics, at its option, to promptly repair or replace such unit and return it to Replay Networks Customer freight collectprepaid. Replay Networks Customer shall return Products covered by the this warranty freight pre-paid prepaid 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 PRODUCTSCustomer shall bear all of the risk, EXPRESSand all costs and expenses, IMPLIEDassociated with Products that have been returned to Flextronics for which there is no defect found. (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, STATUTORYCustomer will not make any representations to end users or other third parties on behalf of Flextronics, 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 NETWORKSand Customer will expressly indicate that the end users and third parties must look solely to Customer in connection with any problems, AND FLEXTRONICS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEwarranty claim or other matters concerning the Product.

Express Limited Warranty. Flextronics Bootz warrants that the Products will ------------------------ conform to Replay Networks' applicable Specifications and will any goods supplied by it shall be free from defects in material and workmanship for a period of [***] days one (1) year from the date of shipment. Materials are warranted to the same extent that the original manufacturer warrants the materialsdelivery. This express limited warranty EXPRESSED LIMITED WARRANTY does not NOT apply to (a) materials consigned or supplied by Replay Networks to Flextronics; (b) defects resulting from Replay Networks' design where there has been failure of the Productsgoods due to improper use; (c) any other defectsbreakage not due to defect; failure on account of faulty or improper installation or handling; or (d) Product that has been abusedfailure on account of installation in a building of faulty design or construction. Said EXPRESS LIMITED WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY OTHER REPRESENTATION OR WARRANTY, 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 EXPRESS OR CONDITIONS ON THE PRODUCTS, EXPRESS, IMPLIED, STATUTORYINCLUDING BUT NOT LIMITED TO, 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. This exclusion applies to original and replacement goods. Sales representatives of Bootz are not authorized to make warranties about the goods. Bootz' sales representatives' ORAL STATEMENTS DO NOT CONTSTITUTE WARRANTIES, shall not be relied upon by Buyer, and are not part of the contract for sale. If Xxxxx believes it has purchased defective goods as described above, Xxxxx must notify Bootz immediately in writing why Xxxxx believes the goods are defective. Bootz may then request the Buyer to return the allegedly defective goods (or a sample) to Bootz; have Bootz' representative inspect the goods at the job site, as installed, or at Bootz' address; and/or rely upon the information Buyer has provided to determine whether the goods are defective as described above. If any goods are proven to be defective as described above, then Bootz will, at Bootz' sole discretion, either repair or replace the defective goods or issue to Buyer a credit equal to the price of the defective goods charged by Bootz to Buyer. Said repair or replacement of defective goods or issuance of credit shall constitute fulfillment of all liabilities of Bootz to Buyer with respect to, or arising out of, the goods, whether based on contract, negligence, strict tort or otherwise. Bootz reserves the right to change design, color, models and to discontinue the manufacture of any goods. THE PROVISIONS OF THE PARAGRAPH 7 ARE SUBJECT, WHERE APPLICABLE, TO THE PROVISION OF PARAGRAPH 8.

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 warrants that the Products will ------------------------ conform to Replay Networks' have been manufactured in accordance with the applicable Specifications and will be free from defects in workmanship for a period of [***] days from the date of shipment. In addition, Flextronics warrants that (A) Production Materials shall be used in compliance with Environmental Regulations, (B) Flextronics will not manufacture Products using Materials from vendors that are warranted to not on the same extent that the original manufacturer warrants the materials. This Approved Vendor List, unless otherwise agreed in writing by Customer. (b) Notwithstanding anything else in this Agreement, this express limited warranty does not apply to to, and Flextronics makes no representations or warranties whatsoever with respect to: (ai) materials consigned or supplied by Replay Networks to FlextronicsMaterials and/or Customer Controlled Materials; (bii) defects resulting from Replay Networks' the Specifications or the design of the Products; (c) any other defects; or (diii) Product that has been abused, damaged, altered or [***] = CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS. misused by any person or entity after title passes to Replay Networks. With respect to Customer; (iv) 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 ; (v) defects of or due to resulting from tooling, designs or instructions produced or supplied by Replay Networks and Replay Networks 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 thereto. to the foregoing exclusions to Flextronics’s express limited warranty. (c) Upon any failure of a Product to comply with the above this express limited warranty, Flextronics' ’s sole obligation, and Replay Networks' Customer’s sole remedy, is for Flextronics, at its option, to promptly repair or replace such unit and return it to Replay Networks Customer freight collectprepaid. Replay Networks Customer shall return Products covered by the this warranty freight pre-paid prepaid 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 PRODUCTSCustomer shall bear all of the risk, EXPRESSand all costs and expenses, IMPLIEDassociated with Products that have been returned to Flextronics for which there is no defect found. (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, STATUTORYCustomer will not make any representations to end users or other third parties on behalf of Flextronics, 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 NETWORKSand Customer will expressly indicate that the end users and third parties must look solely to Customer in connection with any problems, AND FLEXTRONICS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSEwarranty claim or other matters concerning the Product.

Express Limited Warranty. Flextronics warrants that the Products will ------------------------ conform to Replay Networks' have been manufactured in accordance with Customer's applicable Specifications and will be free from defects in workmanship for a period of [***] days twelve (12) months 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 Customer to Flextronics; (b) defects resulting from Replay Networks' Customer's Specifications or the 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 NetworksCustomer. With respect to first articles, prototypes, pre-production units, test units or other similar Products, Flextronics makes no representations or warranties whatsoever. Notwithstanding Not - withstanding 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 Customer and Replay Networks Customer 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' Customer's sole remedy, is for Flextronics, at its option, to promptly repair or replace such unit and return it to Replay Networks Customer freight collectprepaid. Replay Networks Customer 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. 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. Flextronics accepts liability for all components unusable as a result of mishandling or negligent manufacturing practices. If inventory is lost, damaged, or otherwise not receiveable by customer while in possession of Flextronics, it will be replaced at no cost to Customer. 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 NETWORKSCUSTOMER, AND FLEXTRONICS SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.