Common use of GOODS REMEDY Clause in Contracts

GOODS REMEDY. If Goods do not comply with the Goods Warranty or any defects develop during normal use, at Purchaser’s election, Contractor promptly shall remedy the defect by replacing any defective Goods. Contractor’s Goods Warranty support shall include, at Contractor’s sole expense, all technical support, parts, materials and equipment, and labor, including freight and “in/out” costs required to address the defect. If, in Purchaser’s judgment, replacement is inadequate, or fails of its essential purpose, Contractor shall refund the full amount of any payments that have been made. The rights and remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or equity, including, without limitation, actual damages, and, as applicable and awarded under the law, to a prevailing party, reasonable attorneys’ fees and costs.

Appears in 7 contracts

Samples: Washington Statewide Contract, Washington Statewide Contract, Washington Statewide Contract

AutoNDA by SimpleDocs

GOODS REMEDY. If Goods do not comply with the Goods Warranty or any defects develop during under normal use, at Purchaser’s election, Contractor promptly shall remedy the defect by replacing any defective Goods. Contractor’s Goods Warranty support shall include, at Contractor’s sole expense, all technical support, parts, materials and equipment, and labor, including freight and “in/out” costs required to address the defect. If, in Purchaser’s judgment, replacement is inadequate, or fails of its essential purpose, Contractor shall refund the full amount of any payments that have been made. The rights and remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or equity, including, without limitation, actual damages, and, as applicable and awarded under the law, to a prevailing party, reasonable attorneys’ fees and costs.

Appears in 4 contracts

Samples: Statewide Contract, Statewide Contract, Statewide Contract for Linen and Laundry Services

GOODS REMEDY. If Goods do not comply with the Goods Warranty or any defects develop during under normal use, at Purchaser’s election, Contractor promptly shall remedy the defect by removing and replacing any defective Goods. Contractor’s Goods Warranty support shall include, at Contractor’s sole expense, all technical support, parts, materials and equipment, and labor, including freight and “in/out” costs required to address the defect. If, in Purchaser’s judgment, replacement is inadequate, or fails of its essential purpose, Contractor shall refund the full amount of any payments that have been made. The rights and remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or equity, including, without limitation, actual damages, and, as applicable and awarded under the law, to a prevailing party, reasonable attorneys’ fees and costs.

Appears in 3 contracts

Samples: Cooperative Purchasing Agreement, Cooperative Purchasing Agreement, Cooperative Purchasing Agreement

AutoNDA by SimpleDocs

GOODS REMEDY. If Goods do not comply with the Goods Warranty or any defects develop during normal use, at Purchaser’s election, Contractor promptly shall remedy the defect by replacing any defective Goods. Contractor’s Goods Warranty support shall include, at Contractor’s sole expense, all technical support, parts, materials and equipment, and labor, including freight and “in/out” costs required to address the defect. If, in Purchaser’s judgment, replacement is inadequate, or fails of its essential purpose, Contractor shall refund the full amount of any payments that have been made. The rights and remedies of the parties under this warranty are in addition to any other rights and remedies of the parties provided by law or equity, including, without limitation, actual damages, and, as applicable and awarded under the law, to a prevailing party, reasonable attorneys’ fees fees, and costs.

Appears in 1 contract

Samples: Washington Statewide Contract

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!