Hardware Warranty. Subject to the limitations set forth in this Agreement, Geoforce warrants that for one year from that date that title passes to Customer for Hardware (the “Warranty Period”), the Hardware sold will be free of defects in materials and workmanship when installed, operated, and serviced in strict accordance with Geoforce’s and the manufacturer’s requirements. If: (a) Geoforce is timely notified that the Hardware fails to operate because of a defect in materials or workmanship within the Warranty Period; (b) the failed Hardware is actively subscribed to the Service; and (c) Customer’s account is in good standing, Geoforce will, at its sole option and at no charge to Customer, repair or send a replacement for the Hardware to the location of initial export from a Supplier’s Jurisdiction noting Customer as the importer/exporter of record (if outside the US) or arrange for the Hardware’s repair or sending of a replacement or, in its discretion, refund any monies paid for such. Customer is responsible for removal and replacement of any failed Hardware at its own cost and shall return failed Hardware to Geoforce at Customer’s own cost within 30 days of Geoforce’s determination to repair or send a replacement of such failed Hardware or Geoforce will charge Customer the full price of the replacement. Warranty replacements do not extend the warranty therefore while any replacement device will continue to be covered under the original warranty period, it will not begin a new warranty period. THIS PARAGAPH DOES NOT COVER: (a) HARDWARE THAT HAS BEEN TAMPERED WITH OR SERVICED WITHOUT GEOFORCE’S AUTHORIZATION; (b) HARDWARE THAT HAS BEEN LOST OR STOLEN THROUGH NO FAULT OF GEOFORCE; (c) HARDWARE THAT IS DESIGNED TO BE CONSUMABLE, INCLUDING, BUT NOT LIMITED TO, NON-SERVICABLE ACTIVE RFID TAGS; OR (d) HARDWARE SUBJECTED TO ABUSE, MISUSE, NEGLECT, OR HOSTILE OPERATING ENVIRONMENTS AS OPPOSED TO HARSH ENVIRONMENTS. EXCEPT AS SET FORTH IN THIS AGREEMENT THE HARDWARE IS OFFERED “AS IS”. GEOFORCE DOES NOT WARRANT THAT THE HARDWARE WILL MEET CUSTOMER’S NEEDS OR EXPECTATIONS OR THAT ANY PIECE OF HARDWARE WILL WORK ON ANY PARTICULAR NETWORKS. REPLACEMENTS OF HARDWARE OUTSIDE OF THE WARRANTY FOR ANY REASON, INCLUDING BUT NOT LIMITED TO, CUSTOMER INITIATED DAMAGE, SHALL BE PROVIDED UPON REQUEST AT GEOFORCE’S THEN CURRENT PRICE.
Appears in 2 contracts
Samples: Global Purchase Agreement, Global Purchase Agreement
Hardware Warranty. Subject Supplier warrants to Company - that the Hardware furnished shall be - [CONFIDENTIAL TREATMENT REQUESTED] /*/ and shall [CONFIDENTIAL TREATMENT REQUESTED] /*/ the specifications, drawings and samples, when operated in conformance with such specifications, drawings, and samples and instruction manuals, for a period of [CONFIDENTIAL TREATMENT REQUESTED] /*/ from the earlier of (i) date of deployment in Company’s network, or (ii), [CONFIDENTIAL TREATMENT REQUESTED] /*/ after delivery by Supplier to Company or Company’s customer. These warranties extend to the limitations set forth future performance of- the- Hardware through the Warranty period. or) a greater period if specified elsewhere in this Agreement or an accepted Order pursuant to Article 2.1. - Supplier also warrants to Company and its customers that the Hardware shall be new . . . Hardware not meeting the warranties will, be [CONFIDENTIAL TREATMENT REQUESTED] /*/.- Any Hardware repaired or replaced pursuant to this Section shall be warranted for a period of [CONFIDENTIAL TREATMENT REQUESTED] /*/ from the date of delivery of such repair or replacement, or the remainder of the original warranty term, whichever is greater. Supplier also warrants that it is the owner of the intellectual property rights of the Hardware, or, if the Hardware, or other materials contain third party products, that Supplier has the full power and authority to deliver, convey and grant to Customer the related license and other rights granted under this Agreement. Supplier further warrants that Supplier’s provision of Services under this Agreement, Geoforce warrants that grant of the licenses hereunder, and Customer’s use of the Deliverables will not constitute a misappropriation of any trade secrets or constitute a patent, copyright or trademark infringement. Supplier shall not charge Company for one year from that date that any repair or maintenance of Hardware covered by this warranty. Warranties set out in this Section shall not apply to any Hardware or Software installed, repaired or modified by any non-Avici, or non-AT&T certified personnel, or to any Hardware or portion thereof caused not to meet either the specification, drawings, samples and/or instruction manual, due to modifications to Software under 9.7 All warranties shall continue in full force and effect notwithstanding transfer of title passes to Customer for Hardware (the “Warranty Period”), the Hardware sold will be free by Company, so long as Company, or its customers - shall remain the user of defects in materials and workmanship when installed, operated, and serviced in strict accordance with Geoforce’s and the manufacturer’s requirements. If:
(a) Geoforce is timely notified that the Hardware fails to operate because of a defect in materials or workmanship within the Warranty Period; (b) the failed Hardware is actively subscribed to the Service; and (c) Customer’s account is in good standing, Geoforce will, at its sole option and at no charge to Customer, repair or send a replacement for the Hardware to the location of initial export from a Supplier’s Jurisdiction noting Customer as the importer/exporter of record (if outside the US) or arrange for the Hardware’s repair or sending of a replacement or. All warranties shall also survive inspection, in its discretion, refund any monies paid for such. Customer is responsible for removal acceptance and replacement of any failed Hardware at its own cost and shall return failed Hardware to Geoforce at Customer’s own cost within 30 days of Geoforce’s determination to repair or send a replacement of such failed Hardware or Geoforce will charge Customer the full price of the replacement. Warranty replacements do not extend the warranty therefore while any replacement device will continue to be covered under the original warranty period, it will not begin a new warranty period. THIS PARAGAPH DOES NOT COVER: (a) HARDWARE THAT HAS BEEN TAMPERED WITH OR SERVICED WITHOUT GEOFORCE’S AUTHORIZATION; (b) HARDWARE THAT HAS BEEN LOST OR STOLEN THROUGH NO FAULT OF GEOFORCE; (c) HARDWARE THAT IS DESIGNED TO BE CONSUMABLE, INCLUDING, BUT NOT LIMITED TO, NON-SERVICABLE ACTIVE RFID TAGS; OR (d) HARDWARE SUBJECTED TO ABUSE, MISUSE, NEGLECT, OR HOSTILE OPERATING ENVIRONMENTS AS OPPOSED TO HARSH ENVIRONMENTS. EXCEPT AS SET FORTH IN THIS AGREEMENT THE HARDWARE IS OFFERED “AS IS”. GEOFORCE DOES NOT WARRANT THAT THE HARDWARE WILL MEET CUSTOMER’S NEEDS OR EXPECTATIONS OR THAT ANY PIECE OF HARDWARE WILL WORK ON ANY PARTICULAR NETWORKS. REPLACEMENTS OF HARDWARE OUTSIDE OF THE WARRANTY FOR ANY REASON, INCLUDING BUT NOT LIMITED TO, CUSTOMER INITIATED DAMAGE, SHALL BE PROVIDED UPON REQUEST AT GEOFORCE’S THEN CURRENT PRICE.payment
Appears in 1 contract
Hardware Warranty. Subject (a) As to any hardware PRODUCTS purchased by the ASSOCIATE in accordance with the terms of this AGREEMENT, NECAM warrants for fourteen (14) months from the date of shipment to ASSOCIATE that the hardware PRODUCTS:
(1) will conform to the limitations set forth in this Agreementapplicable specifications for such hardware PRODUCTS published by NECAM at the time of sale, Geoforce warrants that for one year from that date that title passes to Customer for Hardware and
(the “Warranty Period”), the Hardware sold 2) will be free of from defects in materials material and workmanship workmanship, under normal use and service when installed, operated, correctly installed and serviced in strict accordance with Geoforce’s and maintained,
(3) will be Year 2000 Compliant only to the manufacturer’s requirements. Ifextent specifically set forth on the NEC Web Page at xxxx://xxx.xxx.xxx.xxx.
(b) NECAM reserves the right to modify the duration or terms of the warranty upon written notice to the ASSOCIATE.
(c) NECAM's liability for any hardware PRODUCT which is shown to be defective during its warranty is limited to:
(a1) Geoforce is timely notified that replacing the Hardware fails to operate because of hardware PRODUCT or part thereof with a defect in materials functionally equivalent hardware PRODUCT or workmanship within part,
(2) repairing the Warranty Period; hardware PRODUCT, or
(b3) the failed Hardware is actively subscribed to the Service; and (c) Customer’s account is in good standing, Geoforce will, at its sole option and at no charge to Customer, repair or send a replacement issuing credit for the Hardware to the location of initial export from a Supplier’s Jurisdiction noting Customer as the importer/exporter of record hardware PRODUCT
(if outside the USd) or arrange for the Hardware’s repair or sending of a replacement or, in its discretion, refund any monies paid for such. Customer is responsible for removal and replacement of any failed Hardware at its own cost and NECAM shall return failed Hardware to Geoforce at Customer’s own cost within 30 days of Geoforce’s determination to repair or send a replacement of such failed Hardware or Geoforce will charge Customer the full price select which of the replacement. Warranty replacements do not extend above warranty remedies to utilize concerning any particular hardware PRODUCT.
(e) In the warranty therefore while event that any replacement device will continue hardware PRODUCT is shown to be covered under defective during the original warranty period, it the ASSOCIATE, or such Authorized ASSOCIATE as may be providing SERVICE to the end-user to whom such PRODUCT has been sold or leased, shall:
(1) notify NECAM promptly in writing of any claims,
(2) provide NECAM with an opportunity to inspect and test the hardware PRODUCTS claimed to be defective, and
(3) if repair or replacement of the hardware PRODUCT is selected by NECAM, return the hardware PRODUCT to NECAM only in accordance with NECAM's then current Material Return Authorization ("MRA") policy and procedures, which are incorporated herein by reference and are subject to change by NECAM from time to time.
(f) The above warranty excludes coverage for hardware PRODUCTS which were installed, repaired or maintained by an unauthorized service provider or which were subjected to misuse, abuse, improper installation or application, improper maintenance or repair, alteration, accident or negligence in use, improper temperature, humidity or other environmental condition (including, but not limited to, lightning or water damage), storage, transportation or handling, unless caused by NECAM or its authorized representative.
(g) NECAM's hardware PRODUCTS warranty extends only to ASSOCIATE and ASSOCIATE is not authorized to assign this warranty to its customers or to any other party. Rather, the ASSOCIATE agrees to extend a hardware PRODUCTS warranty to its end-user customers which is no greater in substance and scope than that extended by NECAM to ASSOCIATE, and which shall incorporate the warranty exclusions and liability limitations provided in Sections 21 (e), 21 (h) and 31.
(h) All hardware PRODUCTS warranty claims must be forwarded to NECAM by an Authorized ASSOCIATE. NECAM will accept no hardware PRODUCTS warranty claims from former ASSOCIATES whose ASSOCIATE AGREEMENTS have expired or been terminated, or directly from ASSOCIATE's customers. The warranty shall not begin operate to extend the term of ASSOCIATE's AGREEMENT and shall terminate immediately upon termination or nonrenewal of the AGREEMENT or of ASSOCIATE's authorization to sell the covered warranty components. In such event, ASSOCIATE hereby consents to the assignment of the warranty to a new warranty period. then currently Authorized NECAM ASSOCIATE.
(i) THE HARDWARE PRODUCTS WARRANTY CONTAINED IN THIS PARAGAPH DOES NOT COVER: AGREEMENT IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (a) HARDWARE THAT HAS BEEN TAMPERED WITH OR SERVICED WITHOUT GEOFORCE’S AUTHORIZATION; (b) HARDWARE THAT HAS BEEN LOST OR STOLEN THROUGH NO FAULT OF GEOFORCE; (c) HARDWARE THAT IS DESIGNED TO BE CONSUMABLE, INCLUDING, BUT NOT LIMITED TO, NON-SERVICABLE ACTIVE RFID TAGS; ) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR (d) HARDWARE SUBJECTED TO ABUSE, MISUSE, NEGLECT, OR HOSTILE OPERATING ENVIRONMENTS AS OPPOSED TO HARSH ENVIRONMENTS. EXCEPT AS SET FORTH IN THIS AGREEMENT THE HARDWARE IS OFFERED “AS IS”. GEOFORCE DOES NOT WARRANT THAT THE HARDWARE WILL MEET CUSTOMER’S NEEDS OR EXPECTATIONS OR THAT ANY PIECE OF HARDWARE WILL WORK ON ANY FITNESS FOR A PARTICULAR NETWORKS. REPLACEMENTS OF HARDWARE OUTSIDE OF THE WARRANTY FOR ANY REASONPURPOSE, INCLUDING BUT NOT LIMITED TOTO PREVENTION, CUSTOMER INITIATED DAMAGEDETECTION OR DETERRENCE OF TOLL FRAUD, SHALL BE PROVIDED UPON REQUEST AT GEOFORCE’S THEN CURRENT PRICECOMPUTER VIRUSES OR OTHER UNAUTHORIZED OR IMPROPER USE OF THE HARDWARE PRODUCTS.
Appears in 1 contract
Samples: Associate Agreement (Vicom Inc)
Hardware Warranty. Subject to the limitations set forth in this Agreement, Geoforce Seller warrants that for one year the supplied Reftekk branded and/or labeled products (excluding tools) are free from that date that title passes to Customer for Hardware (the “Warranty Period”), the Hardware sold will be free of defects in materials and workmanship when installedunder normal and proper use for twelve (12) months from the sooner of (i) the installed and operational date; or (ii) 6 months after delivery to either the jobsite or installing contractor. Seller warrants that the supplied Reftekk branded and/or labeled tools are free from defects in materials and workmanship under normal and proper use from the sooner of (i) 36 months from the date of sale to Buyer if purchased as inventory for resale; or (ii) 12 months from date of sale to installing contractor. Seller will not be liable or responsible for defects in any part of Goods manufactured by others, operatedbut Seller will, and serviced as an accommodation to Buyer, assign to Buyer any warranties given to it by any such other manufacturers; provided, that the foregoing will not extend Seller’s warranty to any accessory products unless Seller specifically agrees in strict accordance with Geoforcewriting. This warranty will be void if, in Seller’s and reasonable opinion, the manufacturer’s requirements. If:
defect was caused in whole or part by: (a) Geoforce is timely notified that the Hardware fails to operate because of a defect in materials improper handling, use, operation, or workmanship within the Warranty Periodtesting by anyone other than Seller; (b) failure to properly install or maintain the failed Hardware is actively subscribed to the ServiceGoods by anyone other than Seller; and (c) Customerfailure to install, maintain, or service Goods in accordance with the current edition of any applicable safety code or Seller’s account is written instructions; (d) modification, alteration, or unauthorized repair by anyone other than Seller; (e) use with products or components that are incompatible with Seller’s Goods; (f) Force Majeure events or acts of vandalism, sabotage, or hacking; (g) removal from the country where the Goods were purchased, use in good standinga country in which they are not registered for use, Geoforce willand/or use in a country for which they were not designed; (h) use in fail-safe environments in which failure of the Goods could lead to personal injury or significant property damage;
(i) Goods having been subjected to operating conditions outside of specified parameters; or (j) any other cause beyond normal usage in accordance with Seller’s written or video instructions. This includes instructions from Reftekk branded products, at its sole option Reftekk tools, and at no charge products drop-shipped from other manufacturers. Seller’s liability for breach of this hardware warranty will be limited to Customerreplacement, repair repair, or send a replacement for the Hardware to the location of initial export from a Supplier’s Jurisdiction noting Customer as the importer/exporter of record (if outside the US) or arrange for the Hardware’s repair or sending of a replacement orrefund, in its Seller’s sole discretion, refund of any monies paid for suchdefective Goods that have been properly stored, installed, used, and maintained, and have not been damaged in transit; provided such Goods are returned to Seller without further damage, within fourteen (14) days of discovery of the alleged defect and subject to confirmation of the defect by Seller’s inspection. Customer The Goods that Xxxxx considers defective must be returned per Seller’s standard Return Material Authorization procedures. Xxxxx is responsible for removal the cost of shipping Goods to Seller for warranty claims and replacement for the cost of any failed Hardware shipping repaired or replaced Goods to Buyer. In repairing or replacing defective Goods, Seller may use functionally equivalent reconditioned, refurbished, remanufactured, used, or new parts and products. Xxxxx returned to Seller and found to be outside the scope of the warranty will be returned to Buyer at its own cost Buyer’s expense and shall return failed Hardware subject to Geoforce at Customer’s own cost within 30 days a charge for testing not exceeding ten percent (10%) of Geoforce’s determination to repair or send a replacement the invoiced value of such failed Hardware Goods. Seller will not be responsible for labor or Geoforce will charge Customer the full price of the replacementservice for removing or replacing Goods returned under this warranty. Warranty replacements do Repair or replacement does not extend the warranty therefore while for such repaired or replaced Goods. This warranty is made only to Buyer and not to any replacement device will continue to be covered under the original warranty period, it will not begin a new warranty period. THIS PARAGAPH DOES NOT COVER: (a) HARDWARE THAT HAS BEEN TAMPERED WITH OR SERVICED WITHOUT GEOFORCE’S AUTHORIZATION; (b) HARDWARE THAT HAS BEEN LOST OR STOLEN THROUGH NO FAULT OF GEOFORCE; (c) HARDWARE THAT IS DESIGNED TO BE CONSUMABLE, INCLUDING, BUT NOT LIMITED TO, NON-SERVICABLE ACTIVE RFID TAGS; OR (d) HARDWARE SUBJECTED TO ABUSE, MISUSE, NEGLECT, OR HOSTILE OPERATING ENVIRONMENTS AS OPPOSED TO HARSH ENVIRONMENTS. EXCEPT AS SET FORTH IN THIS AGREEMENT THE HARDWARE IS OFFERED “AS IS”. GEOFORCE DOES NOT WARRANT THAT THE HARDWARE WILL MEET CUSTOMER’S NEEDS OR EXPECTATIONS OR THAT ANY PIECE OF HARDWARE WILL WORK ON ANY PARTICULAR NETWORKS. REPLACEMENTS OF HARDWARE OUTSIDE OF THE WARRANTY FOR ANY REASON, INCLUDING BUT NOT LIMITED TO, CUSTOMER INITIATED DAMAGE, SHALL BE PROVIDED UPON REQUEST AT GEOFORCE’S THEN CURRENT PRICEsubsequent purchaser.
Appears in 1 contract
Samples: Terms and Conditions of Sale
Hardware Warranty. Subject to Buyer’s compliance with the limitations set forth in this Agreement, Geoforce Cellebrite warrants to Buyer that each Product, but not Software, related services or prototypes of any such Product, shall be materially in conformance with the written specification furnished or agreed to by Cellebrite for one year from that date that title passes to Customer for Hardware six (6) months after delivery (the “Warranty Period”). If any failure to materially conform to such specification (“Defect”) is suspected in any Product during the Warranty Period, Buyer, after obtaining return authorization information from Cellebrite, shall ship suspected defective samples of the Hardware sold Product to Cellebrite in accordance with Cellebrite’s instructions. No Product will be free accepted for repair, replacement, credit or refund without the written authorization of defects Cellebrite. Cellebrite shall analyze the failures, making use, when appropriate, of technical information provided by Xxxxx relating to the circumstances surrounding such failures. Cellebrite will verify whether any Defect appears in materials the applicable Product. If a returned Product does not have a Defect, Buyer shall pay Cellebrite all costs of handling, inspection, repairs and workmanship when installedtransportation at Cellebrite’s then-prevailing rates. If a returned Product has a Defect, operatedCellebrite shall, and serviced in strict accordance at Cellebrite's sole option, either repair or replace the defective Product with Geoforcethe same or equivalent Product without charge or, if such repair or replacement has not occurred by the forty fifth (45th) day following Cellebrite’s and receipt of the manufacturerreturned Product, credit or refund (at Buyer’s requirements. Ifoption) the purchase price within ten (10) days after such forty fifth (45th) day; provided:
(ai) Geoforce is timely notified that Buyer notifies Cellebrite in writing of the Hardware fails to operate because claimed Defect within thirty (30) days after Xxxxx knows or reasonably should know of a defect in materials or workmanship the claimed Defect, (ii) the claimed Defect actually exists, and (iii) the Defect appears within the Warranty Period; . Cellebrite shall deliver any replacement Product to Buyer (bEx Works Cellebrite’s loading dock, Incoterms 2010). Any replaced Product or replaced parts of any Product shall become Cellebrite’s property. In no event shall Cellebrite be responsible for de-installation or reinstallation of any Product or for the expenses thereof. Repairs and replacements covered by the above warranty are warranted to be free from Defects as set forth above with respect to any Defect that appears (i) within three (3) months after the failed Hardware is actively subscribed date of repair or replacement or (ii) prior to the Service; and (c) Customer’s account is in good standing, Geoforce will, at its sole option and at no charge to Customer, repair or send a replacement for the Hardware to the location of initial export from a Supplier’s Jurisdiction noting Customer as the importer/exporter of record (if outside the US) or arrange for the Hardware’s repair or sending of a replacement or, in its discretion, refund any monies paid for such. Customer is responsible for removal and replacement of any failed Hardware at its own cost and shall return failed Hardware to Geoforce at Customer’s own cost within 30 days of Geoforce’s determination to repair or send a replacement of such failed Hardware or Geoforce will charge Customer the full price expiration of the replacement. original Warranty replacements do not extend the warranty therefore while any replacement device will continue to be covered under the original warranty periodPeriod, it will not begin a new warranty period. THIS PARAGAPH DOES NOT COVER: (a) HARDWARE THAT HAS BEEN TAMPERED WITH OR SERVICED WITHOUT GEOFORCE’S AUTHORIZATION; (b) HARDWARE THAT HAS BEEN LOST OR STOLEN THROUGH NO FAULT OF GEOFORCE; (c) HARDWARE THAT IS DESIGNED TO BE CONSUMABLE, INCLUDING, BUT NOT LIMITED TO, NON-SERVICABLE ACTIVE RFID TAGS; OR (d) HARDWARE SUBJECTED TO ABUSE, MISUSE, NEGLECT, OR HOSTILE OPERATING ENVIRONMENTS AS OPPOSED TO HARSH ENVIRONMENTS. EXCEPT AS SET FORTH IN THIS AGREEMENT THE HARDWARE IS OFFERED “AS IS”. GEOFORCE DOES NOT WARRANT THAT THE HARDWARE WILL MEET CUSTOMER’S NEEDS OR EXPECTATIONS OR THAT ANY PIECE OF HARDWARE WILL WORK ON ANY PARTICULAR NETWORKS. REPLACEMENTS OF HARDWARE OUTSIDE OF THE WARRANTY FOR ANY REASON, INCLUDING BUT NOT LIMITED TO, CUSTOMER INITIATED DAMAGE, SHALL BE PROVIDED UPON REQUEST AT GEOFORCE’S THEN CURRENT PRICEwhichever is later.
Appears in 1 contract
Samples: End User License Agreement (Eula)
Hardware Warranty. Subject If any computer hardware or other type of electrical equipment ("Hardware") will be a part of any Deliverable, the following warranties apply. The Contractor warrants that the Hardware fully complies with all applicable government environmental and safety standards applicable to the limitations Hardware. The Contractor warrants that commencing from the date of shipment to the State (and in case of resale by a reseller, commencing not more than ninety (90) days after original shipment by Contractor), and continuing for a period of the longer of (a) ninety (90) days or (b) as otherwise set forth in this Agreement, Geoforce warrants that for one year from that date that title passes to Customer for Hardware (the “Warranty Period”)at xxxxx://xxx.xxxxx.xxx/go/warranty, the Hardware sold will be free of from defects in materials material and workmanship when under normal use. The date of shipment of a product by Contractor is set forth on the packaging material in which the product is shipped. This limited warranty extends only to the original user of the product. The State’s sole and exclusive remedy and the entire liability of Contractor and its suppliers under this limited warranty will be, at Contractor’s or its service center's option, shipment of replacement Hardware within the warranty period and according to the replacement process described in the warranty card (if any), or if no warranty card, as described on the Contractor Product Warranties web page xxxxx://xxx.xxxxx.xxx/go/warranty or a refund of the purchase price if the Hardware is returned to the party supplying it to the State, freight and insurance prepaid. Contractor replacement parts used in Hardware replacement may be new or equivalent to new. Contractor's obligations hereunder are conditioned upon the return of affected Hardware in accordance with Contractor's or its service center's then-current Return Material Authorization (RMA) procedures. This limited warranty does not apply if the Hardware (a) has been altered, except by Contractor or its authorized representative, (b) has not been installed, operated, and serviced repaired, or maintained in strict accordance with Geoforce’s and the manufacturer’s requirements. If:
(a) Geoforce is timely notified that the Hardware fails to operate because of a defect in materials or workmanship within the Warranty Period; (b) the failed Hardware is actively subscribed to the Service; and instructions supplied by Contractor, (c) Customer’s account has been subjected to abnormal physical or electrical stress, abnormal environmental conditions, misuse, negligence, or accident; or (d) is in good standinglicensed for beta, Geoforce willevaluation, at its sole option and at no charge to Customertesting or demonstration purposes. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, repair or send a replacement for the Hardware to the location of initial export from a Supplier’s Jurisdiction noting Customer as the importer/exporter of record (if outside the US) or arrange for the Hardware’s repair or sending of a replacement orALL EXPRESS OR IMPLIED CONDITIONS, in its discretionREPRESENTATIONS, refund any monies paid for such. Customer is responsible for removal and replacement of any failed Hardware at its own cost and shall return failed Hardware to Geoforce at Customer’s own cost within 30 days of Geoforce’s determination to repair or send a replacement of such failed Hardware or Geoforce will charge Customer the full price of the replacement. Warranty replacements do not extend the warranty therefore while any replacement device will continue to be covered under the original warranty period, it will not begin a new warranty period. THIS PARAGAPH DOES NOT COVER: (a) HARDWARE THAT HAS BEEN TAMPERED WITH OR SERVICED WITHOUT GEOFORCE’S AUTHORIZATION; (b) HARDWARE THAT HAS BEEN LOST OR STOLEN THROUGH NO FAULT OF GEOFORCE; (c) HARDWARE THAT IS DESIGNED TO BE CONSUMABLE, AND WARRANTIES INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-SERVICABLE ACTIVE RFID TAGS; OR (d) HARDWARE SUBJECTED TO ABUSEINFRINGEMENT, MISUSESATISFACTORY QUALITY, NEGLECTNON-INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR HOSTILE OPERATING ENVIRONMENTS AS OPPOSED ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO HARSH ENVIRONMENTSTHE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY CONTRACTOR, ITS SUPPLIERS AND LICENSORS. EXCEPT AS SET FORTH TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN THIS AGREEMENT DURATION TO THE HARDWARE IS OFFERED “AS IS”EXPRESS WARRANTY PERIOD. GEOFORCE DOES BECAUSE SOME STATES OR JURISDICTIONS DO NOT WARRANT THAT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE HARDWARE WILL MEET CUSTOMER’S NEEDS OR EXPECTATIONS OR THAT ANY PIECE OF HARDWARE WILL WORK ON ANY PARTICULAR NETWORKSABOVE LIMITATION MAY NOT APPLY. REPLACEMENTS OF HARDWARE OUTSIDE OF THESE WARRANTIES GIVE THE WARRANTY FOR ANY REASONSTATE SPECIFIC LEGAL RIGHTS, INCLUDING BUT NOT LIMITED TO, CUSTOMER INITIATED DAMAGE, SHALL BE PROVIDED UPON REQUEST AT GEOFORCE’S THEN CURRENT PRICEAND THE STATE MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose.
Appears in 1 contract
Samples: State Term Contract
Hardware Warranty. Subject A. BISYS warrants that the Client will acquire good and clear title to the limitations set forth in this Agreement, Geoforce Equipment purchased. BISYS further warrants that for one year from that date that title passes to Customer for Hardware one-hundred eighty (the “Warranty Period”)180) days after shipment, the Hardware sold will Equipment shall be free of from defects in materials design, material and workmanship when installedand shall not fail in any material respect to execute its programming instructions. Written notice of any claimed defect must be received by BISYS within such 180-day period. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, operatedEXPRESSED OR IMPLIED (INCLUDING, and serviced WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). IN THE EVENT OF ANY LOSS OR DAMAGE TO THE CLIENT, WHETHER UNDER WARRANTY, CONTRACT OR OTHERWISE, DIRECT OR INDIRECT, INCIDENTAL OR CONSEQUENTIAL, BISYS SHALL HAVE NO LIABILITY BEYOND REPAIR OR REPLACEMENT OF DEFECTIVE ITEMS, COMPONENTS OR PARTS AS SET FORTH HEREIN. IN NO EVENT WILL BISYS BE LIABLE FOR DAMAGES IN EXCESS OF ALL CHARGES PAID BY THE CLIENT IN RESPECT OF ANY DEFECTIVE ITEM, COMPONENT OR PART UNDER THIS AGREEMENT
B. BISYS warranty is contingent upon proper use of the Equipment in strict accordance with Geoforce’s BISYS installation and the manufacturer’s requirements. If:
operating manuals and (a) Geoforce is timely notified that does not cover the Hardware fails to operate because of a defect in materials Equipment if modified by anyone other than BISYS or workmanship within the Warranty PeriodBISYS' authorized representatives; (b) the failed Hardware is actively subscribed to the Service; and (c) Customer’s account is in good standingdoes not apply if adjustment, Geoforce will, at its sole option and at no charge to Customercorrection, repair or send a replacement for the Hardware to the location of initial export from a Supplier’s Jurisdiction noting Customer as the importer/exporter of record (if outside the US) or arrange for the Hardware’s repair or sending of a replacement or, in its discretion, refund any monies paid for such. Customer is responsible for removal and replacement of any failed Hardware at its own cost and shall return failed Hardware to Geoforce at Customer’s own cost within 30 days the Equipment, wholly or partially, is required because of Geoforce’s determination to repair accident, neglect or send a replacement operating conditions outside of such failed Hardware or Geoforce will charge Customer the full price of the replacement. Warranty replacements do not extend the warranty therefore while any replacement device will continue to be covered under the original warranty period, it will not begin a new warranty period. THIS PARAGAPH DOES NOT COVER: (a) HARDWARE THAT HAS BEEN TAMPERED WITH OR SERVICED WITHOUT GEOFORCE’S AUTHORIZATION; (b) HARDWARE THAT HAS BEEN LOST OR STOLEN THROUGH NO FAULT OF GEOFORCEspecifications; (c) HARDWARE THAT IS DESIGNED TO BE CONSUMABLEdoes not cover defects in any central processing unit, INCLUDINGassociated software, BUT NOT LIMITED TOterminals, NON-SERVICABLE ACTIVE RFID TAGScontrollers or telephone equipment used with the System and associated equipment; OR (d) HARDWARE SUBJECTED TO ABUSEdoes not cover malfunctions caused by defects in or arising from the installation, MISUSEtraining or servicing other than by authorized BISYS representatives; and (e) does not apply if the Client has rejected any corrections, NEGLECT, OR HOSTILE OPERATING ENVIRONMENTS AS OPPOSED TO HARSH ENVIRONMENTS. EXCEPT AS SET FORTH IN THIS AGREEMENT THE HARDWARE IS OFFERED “AS IS”. GEOFORCE DOES NOT WARRANT THAT THE HARDWARE WILL MEET CUSTOMER’S NEEDS OR EXPECTATIONS OR THAT ANY PIECE OF HARDWARE WILL WORK ON ANY PARTICULAR NETWORKS. REPLACEMENTS OF HARDWARE OUTSIDE OF THE WARRANTY FOR ANY REASON, INCLUDING BUT NOT LIMITED TO, CUSTOMER INITIATED DAMAGE, SHALL BE PROVIDED UPON REQUEST AT GEOFORCE’S THEN CURRENT PRICEupdates or modifications made available or supplied by BISYS.
Appears in 1 contract
Hardware Warranty. Subject A. BISYS warrants that the Client will acquire good and clear title to the limitations set forth in this Agreement, Geoforce Equipment purchased. BISYS further warrants that for one year from that date that title passes to Customer for Hardware one-hundred eighty (the “Warranty Period”)180) days after shipment, the Hardware sold will Equipment shall be free of from defects in materials design, material and workmanship when installedand shall not fail in any material respect to execute its programming instructions. Written notice of any claimed defect must be received by BISYS within such 180-day period. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, operatedEXPRESSED OR IMPLIED (INCLUDING, and serviced WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). IN THE EVENT OF ANY LOSS OR DAMAGE TO THE CLIENT, WHETHER UNDER WARRANTY, CONTRACT OR OTHERWISE, DIRECT OR INDIRECT, INCIDENTAL OR CONSEQUENTIAL, BISYS SHALL HAVE NO LIABILITY BEYOND REPAIR OR REPLACEMENT OF DEFECTIVE ITEMS, COMPONENTS OR PARTS AS SET FORTH HEREIN. IN NO EVENT WILL BISYS BE LIABLE FOR DAMAGES IN EXCESS OF ALL CHARGES PAID TOTAL ACCESS BANKING ADDITIONAL SERVICES ADDENDUM - CONTINUED BY THE CLIENT IN RESPECT OF ANY DEFECTIVE ITEM, COMPONENT OR PART UNDER THIS AGREEMENT.
B. BISYS warranty is contingent upon proper use of the Equipment in strict accordance with Geoforce’s BISYS installation and the manufacturer’s requirements. If:
operating manuals and (a) Geoforce is timely notified that does not cover the Hardware fails to operate because of a defect in materials Equipment if modified by anyone other than BISYS or workmanship within the Warranty PeriodBISYS' authorized representatives; (b) the failed Hardware is actively subscribed to the Service; and (c) Customer’s account is in good standingdoes not apply if adjustment, Geoforce will, at its sole option and at no charge to Customercorrection, repair or send a replacement for the Hardware to the location of initial export from a Supplier’s Jurisdiction noting Customer as the importer/exporter of record (if outside the US) or arrange for the Hardware’s repair or sending of a replacement or, in its discretion, refund any monies paid for such. Customer is responsible for removal and replacement of any failed Hardware at its own cost and shall return failed Hardware to Geoforce at Customer’s own cost within 30 days the Equipment, wholly or partially, is required because of Geoforce’s determination to repair accident, neglect or send a replacement operating conditions outside of such failed Hardware or Geoforce will charge Customer the full price of the replacement. Warranty replacements do not extend the warranty therefore while any replacement device will continue to be covered under the original warranty period, it will not begin a new warranty period. THIS PARAGAPH DOES NOT COVER: (a) HARDWARE THAT HAS BEEN TAMPERED WITH OR SERVICED WITHOUT GEOFORCE’S AUTHORIZATION; (b) HARDWARE THAT HAS BEEN LOST OR STOLEN THROUGH NO FAULT OF GEOFORCEspecifications; (c) HARDWARE THAT IS DESIGNED TO BE CONSUMABLEdoes not cover defects in any central processing unit, INCLUDINGassociated software, BUT NOT LIMITED TOterminals, NON-SERVICABLE ACTIVE RFID TAGScontrollers or telephone equipment used with the System and associated equipment; OR (d) HARDWARE SUBJECTED TO ABUSEdoes not cover malfunctions caused by defects in or arising from the installation, MISUSEtraining or servicing other than by authorized BISYS representatives; and (e) does not apply if the Client has rejected any corrections, NEGLECT, OR HOSTILE OPERATING ENVIRONMENTS AS OPPOSED TO HARSH ENVIRONMENTS. EXCEPT AS SET FORTH IN THIS AGREEMENT THE HARDWARE IS OFFERED “AS IS”. GEOFORCE DOES NOT WARRANT THAT THE HARDWARE WILL MEET CUSTOMER’S NEEDS OR EXPECTATIONS OR THAT ANY PIECE OF HARDWARE WILL WORK ON ANY PARTICULAR NETWORKS. REPLACEMENTS OF HARDWARE OUTSIDE OF THE WARRANTY FOR ANY REASON, INCLUDING BUT NOT LIMITED TO, CUSTOMER INITIATED DAMAGE, SHALL BE PROVIDED UPON REQUEST AT GEOFORCE’S THEN CURRENT PRICEupdates or modifications made available or supplied by BISYS.
Appears in 1 contract
Samples: Services Agreement (Netbank Inc)
Hardware Warranty. Subject to For a period of twelve (12) months from the limitations set forth in this AgreementGo-Live Date of the applicable Hardware at its initial Premises, Geoforce 6RS warrants that for one year such Hardware will be free from that date that title passes to Customer for Hardware material defects in material and workmanship and shall perform in all material respects in accordance with its documentation and specifications under normal use (the “Warranty”). In the event of a breach of the foregoing Warranty Period(a “Defect” or “Defective”), the Hardware sold will be free of defects in materials and workmanship when installed, operated, and serviced in strict accordance with Geoforce’s and the manufacturer’s requirements. If:
(a) Geoforce is timely notified that the Hardware fails to operate because of a defect in materials or workmanship within the Warranty Period; (b) the failed Hardware is actively subscribed to the Service; and (c) Customer’s account is in good standing, Geoforce 6RS will, at its sole option and at no charge option, provide one of the following two remedies to Customer, whatever extent it shall deem necessary to satisfy a proper claim under this Warranty:
1. Elect to repair or send facilitate the repair of any Defect within a replacement reasonable period of time, free of any charge for the necessary parts and labor to complete the repair and restore the Hardware to its proper operating condition.
2. Replace the location of initial export from Defective Hardware with a Supplier’s Jurisdiction noting Customer direct replacement or with similar Hardware deemed by 6RS to perform substantially the same function as the importer/exporter original Hardware. Replacement may constitute, at 6RS’s option, a new, refurbished or functionally equivalent item. 6RS shall not be liable for a breach of record (Warranty if outside the US) or arrange for the Hardware’s repair or sending of a replacement or, in its discretion, refund any monies paid for such. Customer is responsible for removal and replacement of any failed Hardware at its own cost and shall return failed Hardware to Geoforce at Customer’s own cost within 30 days of Geoforce’s determination to repair or send a replacement of such failed Hardware or Geoforce will charge Customer the full price of the replacement. Warranty replacements do not extend the warranty therefore while any replacement device will continue to be covered under the original warranty period, it will not begin a new warranty period. THIS PARAGAPH DOES NOT COVERDefect arises because: (a) HARDWARE THAT HAS BEEN TAMPERED WITH OR SERVICED WITHOUT GEOFORCE’S AUTHORIZATIONCustomer failed to follow 6RS’s written instructions as to the storage, installation, use or maintenance of the Fulfillment System; (b) HARDWARE THAT HAS BEEN LOST OR STOLEN THROUGH NO FAULT OF GEOFORCECustomer modifies or alters the Fulfillment System; or (c) HARDWARE THAT IS DESIGNED TO BE CONSUMABLECustomer repairs the Fulfillment System without the express prior instruction of 6RS. Hardware that fails as a result of abuse, INCLUDINGrather than as a result of defective material or workmanship, BUT NOT LIMITED TO, NON-SERVICABLE ACTIVE RFID TAGS; OR (d) HARDWARE SUBJECTED TO ABUSE, MISUSE, NEGLECT, OR HOSTILE OPERATING ENVIRONMENTS AS OPPOSED TO HARSH ENVIRONMENTSshall not be regarded as Defective. EXCEPT AS FOR THE EXPRESS LIMITED WARRANTY SET FORTH IN THIS AGREEMENT SECTION, 6RS IS PROVIDING THE HARDWARE IS OFFERED FULFILLMENT SYSTEM “AS IS” AND “WHERE IS”, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR ARISING BY CUSTOM OR TRADE USAGE, WITH RESPECT TO THE FULFILLMENT SYSTEM OR ITS USE OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT INCLUDING (1) AS TO THE QUALITY OR PERFORMANCE OF THE FULFILLMENT SYSTEM, OR (2) ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. GEOFORCE 6RS DOES NOT WARRANT THAT THE HARDWARE FULFILLMENT SYSTEM WILL MEET CUSTOMER’S NEEDS EXPECTATIONS, BE SECURE, TIMELY, ERROR-FREE OR EXPECTATIONS UNINTERRUPTED. 6RS DOES NOT OFFER A WARRANTY DocuSign Envelope ID: C3676368-BB77-43DB-9290-645E2F53A6A696E60 36 2C60-4F95-B913-03968E1ED0BF OR THAT MAKE ANY PIECE REPRESENTATION REGARDING THE RESULTS OF HARDWARE WILL WORK ON ANY PARTICULAR NETWORKS. REPLACEMENTS USING THE FULFILLMENT SYSTEM IN TERMS OF HARDWARE OUTSIDE ACCURACY, RELIABILITY, COMMERCIAL ADVANTAGE, OR RISK OF THE WARRANTY FOR ANY REASON, INCLUDING BUT NOT LIMITED TO, CUSTOMER INITIATED DAMAGE, SHALL BE PROVIDED UPON REQUEST AT GEOFORCEINJURY TO CUSTOMER’S THEN CURRENT PRICESYSTEMS OR NETWORK.
Appears in 1 contract
Hardware Warranty. Subject (a) As to any hardware PRODUCTS purchased by the ASSOCIATE in accordance with the terms of this AGREEMENT, NECAM warrants that the hardware PRODUCTS:
(1) will conform to the limitations set forth in this Agreementapplicable specifications for such hardware PRODUCTS published by NECAM at the time of sale, Geoforce warrants that for one year from that date that title passes to Customer for Hardware and
(the “Warranty Period”), the Hardware sold 2) will be free of from defects in materials material and workmanship workmanship, under normal use and service when installedcorrectly installed and maintained, operated, and serviced in strict accordance with Geoforce’s and for a period of fourteen (14) months from date of shipment to ASSOCIATE. NECAM reserves the manufacturer’s requirements. Ifright to modify such warranty period on written notice to ASSOCIATE.
(3) will be Year 2000 Compliant only to the extent specifically set forth on the NEC Web Page at xxxx://xxx.xxx.xxx.xxx.
(b) NECAM's liability for any hardware PRODUCT which is shown to be defective during its warranty is limited to:
(a1) Geoforce is timely notified that replacing the Hardware fails to operate because of hardware PRODUCT or part thereof with a defect in materials functionally equivalent hardware PRODUCT or workmanship within part,
(2) repairing the Warranty Period; hardware PRODUCT, or
(b3) issuing credit for the failed Hardware is actively subscribed to the Service; and hardware PRODUCT
(c) Customer’s account is in good standing, Geoforce will, at its sole option and at no charge to Customer, repair or send a replacement for the Hardware to the location of initial export from a Supplier’s Jurisdiction noting Customer as the importer/exporter of record (if outside the US) or arrange for the Hardware’s repair or sending of a replacement or, in its discretion, refund any monies paid for such. Customer is responsible for removal and replacement of any failed Hardware at its own cost and NECAM shall return failed Hardware to Geoforce at Customer’s own cost within 30 days of Geoforce’s determination to repair or send a replacement of such failed Hardware or Geoforce will charge Customer the full price select which of the replacement. Warranty replacements do not extend above warranty remedies to utilize concerning any particular hardware PRODUCT.
(d) In the warranty therefore while event that any replacement device will continue hardware PRODUCT is shown to be covered under defective during the original warranty period, it the ASSOCIATE, or such Authorized ASSOCIATE as may be providing service to the end-user to whom such PRODUCT has been sold or leased, shall:
(1) notify NECAM promptly in writing of any claims,
(2) provide NECAM with an opportunity to inspect and test the hardware PRODUCTS claimed to be defective, and
(3) if repair or replacement of the hardware PRODUCT is selected by NECAM, return the hardware PRODUCT to NECAM only in accordance with NECAM's prevailing Material Return Authorization ("MRA") policy and procedures, which are incorporated herein by reference and are subject to change by NECAM from time to time.
(e) The above warranty excludes coverage for hardware PRODUCTS which were installed, repaired or maintained by an unauthorized service provider or which were subjected to misuse, abuse, improper installation or application, improper maintenance or repair, alteration, accident or negligence in use, improper temperature, humidity or other environmental condition (including, but not limited to, lightning or water damage), storage, transportation or handling, unless caused by NECAM or its authorized representative.
(f) NECAM's hardware PRODUCTS warranty extends only to ASSOCIATE and ASSOCIATE is not authorized to ASSIGN this warranty to its customers or to any other party. Rather, the ASSOCIATE agrees to extend a hardware PRODUCTS warranty to its end-user customers which is no greater in substance and scope than that extended by NECAM to ASSOCIATE, and which shall incorporate the warranty exclusions and liability limitations provided in Sections 21 (e), 21 (h) and 31.
(g) All hardware PRODUCTS warranty claims must be forwarded to NECAM by an Authorized ASSOCIATE. NECAM will not begin a new accept no hardware PRODUCTS warranty period. claims from former ASSOCIATES whose ASSOCIATE AGREEMENTS have expired or been terminated, or directly from ASSOCIATE's customers.
(h) THE HARDWARE PRODUCTS WARRANTY CONTAINED IN THIS PARAGAPH DOES NOT COVER: AGREEMENT IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (a) HARDWARE THAT HAS BEEN TAMPERED WITH OR SERVICED WITHOUT GEOFORCE’S AUTHORIZATION; (b) HARDWARE THAT HAS BEEN LOST OR STOLEN THROUGH NO FAULT OF GEOFORCE; (c) HARDWARE THAT IS DESIGNED TO BE CONSUMABLE, INCLUDING, BUT NOT LIMITED TO, NON-SERVICABLE ACTIVE RFID TAGS; ) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR (d) HARDWARE SUBJECTED TO ABUSE, MISUSE, NEGLECT, OR HOSTILE OPERATING ENVIRONMENTS AS OPPOSED TO HARSH ENVIRONMENTS. EXCEPT AS SET FORTH IN THIS AGREEMENT THE HARDWARE IS OFFERED “AS IS”. GEOFORCE DOES NOT WARRANT THAT THE HARDWARE WILL MEET CUSTOMER’S NEEDS OR EXPECTATIONS OR THAT ANY PIECE OF HARDWARE WILL WORK ON ANY FITNESS FOR A PARTICULAR NETWORKS. REPLACEMENTS OF HARDWARE OUTSIDE OF THE WARRANTY FOR ANY REASONPURPOSE, INCLUDING BUT NOT LIMITED TOTO PREVENTION, CUSTOMER INITIATED DAMAGEDETECTION OR DETERRENCE OF TOLL FRAUD, SHALL BE PROVIDED UPON REQUEST AT GEOFORCE’S THEN CURRENT PRICECOMPUTER VIRUSES OR OTHER UNAUTHORIZED OR IMPROPER USE OF THE HARDWARE PRODUCTS.
Appears in 1 contract
Hardware Warranty. Subject A. BISYS warrants that the Client will acquire good and clear title to the limitations set forth in this Agreement, Geoforce Equipment purchased. BISYS further warrants that for one year from that date that title passes to Customer for Hardware one-hundred eighty (the “Warranty Period”)180) days after shipment, the Hardware sold will Equipment shall be free of from defects in materials design, material and workmanship when installedand shall not fail in any material respect to execute its programming instructions. Written notice of any claimed defect must be received by BISYS within such 180-day period. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, operatedEXPRESSED OR IMPLIED (INCLUDING, and serviced WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). IN THE EVENT OF ANY LOSS OR DAMAGE TO THE CLIENT, WHETHER UNDER WARRANTY, CONTRACT OR OTHERWISE, DIRECT OR INDIRECT, INCIDENTAL OR CONSEQUENTIAL, BISYS SHALL HAVE NO LIABILITY BEYOND REPAIR OR REPLACEMENT OF DEFECTIVE ITEMS, COMPONENTS OR PARTS AS SET FORTH HEREIN. IN NO EVENT WILL SISYS BE LIABLE FOR DAMAGES IN EXCESS OF ALL CHARGES PAID BY THE CLIENT IN RESPECT OF ANY DEFECTIVE ITEM, COMPONENT OR PART UNDER THIS AGREEMENT.
B. BISYS warranty is contingent upon proper use of the Equipment in strict accordance with Geoforce’s BISYS installation and the manufacturer’s requirements. If:
operating manuals and (a) Geoforce is timely notified that does not cover the Hardware fails to operate because of a defect in materials Equipment if modified by anyone other than BISYS or workmanship within the Warranty PeriodBISYS' authorized representatives; (b) the failed Hardware is actively subscribed to the Service; and (c) Customer’s account is in good standingdoes not apply if adjustment, Geoforce will, at its sole option and at no charge to Customercorrection, repair or send a replacement for the Hardware to the location of initial export from a Supplier’s Jurisdiction noting Customer as the importer/exporter of record (if outside the US) or arrange for the Hardware’s repair or sending of a replacement or, in its discretion, refund any monies paid for such. Customer is responsible for removal and replacement of any failed Hardware at its own cost and shall return failed Hardware to Geoforce at Customer’s own cost within 30 days the Equipment, wholly or partially, is required because of Geoforce’s determination to repair accident, neglect or send a replacement operating conditions outside of such failed Hardware or Geoforce will charge Customer the full price of the replacement. Warranty replacements do not extend the warranty therefore while any replacement device will continue to be covered under the original warranty period, it will not begin a new warranty period. THIS PARAGAPH DOES NOT COVER: (a) HARDWARE THAT HAS BEEN TAMPERED WITH OR SERVICED WITHOUT GEOFORCE’S AUTHORIZATION; (b) HARDWARE THAT HAS BEEN LOST OR STOLEN THROUGH NO FAULT OF GEOFORCEspecifications; (c) HARDWARE THAT IS DESIGNED TO BE CONSUMABLEdoes not cover defects in any central processing unit, INCLUDINGassociated software, BUT NOT LIMITED TOterminals, NON-SERVICABLE ACTIVE RFID TAGScontrollers or telephone equipment used with the System and associated equipment; OR (d) HARDWARE SUBJECTED TO ABUSEdoes not cover malfunctions caused by defects in or arising from the installation, MISUSEtraining or servicing other than by authorized BISYS representatives; and (e) does not apply if the Client has rejected any corrections, NEGLECT, OR HOSTILE OPERATING ENVIRONMENTS AS OPPOSED TO HARSH ENVIRONMENTS. EXCEPT AS SET FORTH IN THIS AGREEMENT THE HARDWARE IS OFFERED “AS IS”. GEOFORCE DOES NOT WARRANT THAT THE HARDWARE WILL MEET CUSTOMER’S NEEDS OR EXPECTATIONS OR THAT ANY PIECE OF HARDWARE WILL WORK ON ANY PARTICULAR NETWORKS. REPLACEMENTS OF HARDWARE OUTSIDE OF THE WARRANTY FOR ANY REASON, INCLUDING BUT NOT LIMITED TO, CUSTOMER INITIATED DAMAGE, SHALL BE PROVIDED UPON REQUEST AT GEOFORCE’S THEN CURRENT PRICEupdates or modifications made available or supplied by BISYS.
Appears in 1 contract
Hardware Warranty. Subject to the limitations set forth in this Agreement, Geoforce APPLICABLE TO PURCHASE HARDWARE ONLY
9.1. MSite warrants that on delivery of the Hardware and for one year the Warranty Period the Hardware shall be free from that date that title passes to Customer for material defects in design, material and workmanship.
9.2. If at any time during the Warranty Period , the Hardware or any part thereof is in need of adjustment, repair or replacement (the “Warranty PeriodUnavailable”), then the Customer shall notify MSite of the issue via the helpdesk and MSite shall at its discretion:
9.2.1. carry out the necessary adjustment or repair at the Site; or
9.2.2. replace the Hardware sold will be free of defects in materials and workmanship when installed, operated, and serviced in strict accordance with Geoforce’s and the manufacturer’s requirementsor part thereof.
9.3. If:
(a) Geoforce is timely notified that If the Hardware fails is Unavailable for consecutive periods, the Customer may be eligible to operate because of a defect in materials or workmanship receive the relevant credit as described within the Warranty Period; (b) service level agreement appended to these Conditions.
9.4. If in MSite’s reasonable opinion, the failed Hardware is actively subscribed to cause of the Service; and (c) Customer’s account is in good standing, Geoforce will, at its sole option and at no charge to Customeradjustment, repair or send replacement of the Hardware arises in whole or in part from a failure by the Customer to comply with clause 8.4 and/or any cause other than a material defect or fair wear and tear then (except to the extent the Parties have agreed otherwise in writing) the Customer shall be liable for all additional costs of inspection, loading, unloading and transport in connection with the carrying out of the adjustment, repairs, or replacement, together with the costs of the adjustment, repair or replacement of the Hardware (as applicable) and no credits shall be payable under clause 9.3.
9.5. If in MSite’s reasonable opinion, the cause of the adjustment, repair or replacement of the Hardware is solely attributable to a material defect or fair wear and tear in the Hardware then, save for where such material defect or fair wear and tear is caused (in whole or part) by the Customer failing to comply with clause 8.4, then MSite shall be liable for all such costs as are mentioned in clause 9.4 and the provisions of clause 9.3. shall apply.
9.6. The Customer shall at all reasonable times permit MSite and its Representatives access to the Site and to the Hardware to the location of initial export from a Supplier’s Jurisdiction noting Customer as the importer/exporter of record (if outside the US) inspect, test, adjust, repair or arrange for replace the Hardware’s repair , such work to be carried out during normal working hours. If MSite is not permitted access in a reasonable time, this time will be deducted from any “Unavailable” period.
9.7. MSite shall not be liable for any Hardware’ failure to comply with the warranty given in clause 9.1 if:
9.7.1. the defect arises because of improper storage, accident, misuse, abuse, wilful damage or sending negligence; or
9.7.2. the Customer alters or repairs any Hardware, or replaces any of its components, without the prior written approval of MSite. For the avoidance of doubt, carrying out any of these actions in respect of hired Hardware without the prior written approval of MSite shall constitute a replacement breach of clause 8.4.5 and/or clause 8.4.6;; or
9.7.3. the Customer has not paid all sums due to MSite in full by the due date.
9.8. Except as provided in this clause 9, MSite shall have no liability to the Customer in its discretion, refund any monies paid for such. Customer is responsible for removal and replacement of any failed Hardware at its own cost and shall return failed Hardware to Geoforce at Customer’s own cost within 30 days of Geoforce’s determination to repair or send a replacement of such failed Hardware or Geoforce will charge Customer the full price respect of the replacement. Warranty replacements do not extend Hardware's failure to comply with the warranty therefore while any replacement device will continue to be covered under the original warranty period, it will not begin a new warranty period. THIS PARAGAPH DOES NOT COVER: (a) HARDWARE THAT HAS BEEN TAMPERED WITH OR SERVICED WITHOUT GEOFORCE’S AUTHORIZATION; (b) HARDWARE THAT HAS BEEN LOST OR STOLEN THROUGH NO FAULT OF GEOFORCE; (c) HARDWARE THAT IS DESIGNED TO BE CONSUMABLE, INCLUDING, BUT NOT LIMITED TO, NON-SERVICABLE ACTIVE RFID TAGS; OR (d) HARDWARE SUBJECTED TO ABUSE, MISUSE, NEGLECT, OR HOSTILE OPERATING ENVIRONMENTS AS OPPOSED TO HARSH ENVIRONMENTS. EXCEPT AS SET FORTH IN THIS AGREEMENT THE HARDWARE IS OFFERED “AS IS”. GEOFORCE DOES NOT WARRANT THAT THE HARDWARE WILL MEET CUSTOMER’S NEEDS OR EXPECTATIONS OR THAT ANY PIECE OF HARDWARE WILL WORK ON ANY PARTICULAR NETWORKS. REPLACEMENTS OF HARDWARE OUTSIDE OF THE WARRANTY FOR ANY REASON, INCLUDING BUT NOT LIMITED TO, CUSTOMER INITIATED DAMAGE, SHALL BE PROVIDED UPON REQUEST AT GEOFORCE’S THEN CURRENT PRICEset out in clause 9.1.
Appears in 1 contract
Samples: Master Agreement
Hardware Warranty. Subject to the limitations set forth in this Agreement, Geoforce BRONE ELECTRIC CO LTD. warrants that for one year from that date that title passes to Customer for Hardware (any hardware item of the “Warranty Period”)Equipment manufactured by BRONE ELECTRIC CO LTD. shall, at the Hardware sold will time of shipment and thereafter during the warranty period, be free of defects from any defect in materials and workmanship when installedand conform to BRONE ELECTRIC CO LTD. published and effective specifications. This warranty with respect to any hardware item of the BRONE ELECTRIC CO LTD. 20-20 products shall expire after eighteen (18) months from the date of shipment or twelve (12) months from the date of installation if installation is purchased by the Customer and provided directly by BRONE ELECTRIC CO LTD. whichever is earlier. The warranty service shall be administered in accordance with BRONE ELECTRIC CO LTD. published Customer Support Guide in effect at the time of shipment (which is hereby incorporated in its entirety by reference). Customer shall notify BRONE ELECTRIC CO LTD. in writing immediately upon discovery of any defects within the warranty period for return authorization and instructions. Upon receipt of the returned Equipment prepaid by Customer, operatedBRONE ELECTRIC CO LTD. sole obligation shall be to repair, replace, or refund the purchase price, at its option. Replacement Equipment may be new, refurbished or remanufactured. Returned replaced Equipment shall become BRONE ELECTRIC CO LTD. property. Replacement Equipment shall be warranted for the unexpired portion of the returned Equipment's warranty. If Customer is a reseller of the Equipment purchased under this agreement, the warranty is passed through to Customer's customer, but the warranty period shall begin as stated above. BRONE ELECTRIC CO LTD. sole responsibility to Customer with respect to any equipment, device, component and part manufactured by a third party and incorporated into the Equipment shall be to pass through to Customer such original equipment manufacturer's available product warranty. The warranty provided by BRONE ELECTRIC CO LTD. does not cover (i) any item of the Equipment not manufactured by BRONE ELECTRIC CO LTD. (ii) any item of the Equipment which has been altered or modified including any change, addition, or improvement, and serviced in strict accordance with Geoforce’s and the manufacturer’s requirements. If(iii) any damage, defects, malfunctions or service failures caused by:
(a) Geoforce is timely notified that the Hardware fails Customer's failure to operate because of a defect in materials follow BRONE ELECTRIC CO LTD. environmental, installation, operation or workmanship within the Warranty Period; maintenance specifications or instructions;
(b) the failed Hardware is actively subscribed to the Service; and Modifications, alterations or repairs made other than by BRONE ELECTRIC CO LTD. (c) Customer’s account is in good standing's mishandling, Geoforce willabuse, at its sole option and at no charge to Customermisuse, repair negligence, or send a replacement for the Hardware to the location of initial export from a Supplier’s Jurisdiction noting Customer as the importer/exporter of record (if outside the US) improper storage, servicing or arrange for the Hardware’s repair or sending of a replacement or, in its discretion, refund any monies paid for such. Customer is responsible for removal and replacement of any failed Hardware at its own cost and shall return failed Hardware to Geoforce at Customer’s own cost within 30 days of Geoforce’s determination to repair or send a replacement of such failed Hardware or Geoforce will charge Customer the full price operation of the replacement. Warranty replacements do not extend the warranty therefore while any replacement device will continue to be covered under the original warranty period, it will not begin a new warranty period. THIS PARAGAPH DOES NOT COVER: Equipment (a) HARDWARE THAT HAS BEEN TAMPERED WITH OR SERVICED WITHOUT GEOFORCE’S AUTHORIZATIONincluding without limitation use with incompatible equipment); (b) HARDWARE THAT HAS BEEN LOST OR STOLEN THROUGH NO FAULT OF GEOFORCE; (c) HARDWARE THAT IS DESIGNED TO BE CONSUMABLE, INCLUDING, BUT NOT LIMITED TO, NON-SERVICABLE ACTIVE RFID TAGS; OR (d) HARDWARE SUBJECTED TO ABUSE, MISUSE, NEGLECT, OR HOSTILE OPERATING ENVIRONMENTS AS OPPOSED TO HARSH ENVIRONMENTS. EXCEPT AS SET FORTH IN THIS AGREEMENT THE HARDWARE IS OFFERED “AS IS”. GEOFORCE DOES NOT WARRANT THAT THE HARDWARE WILL MEET CUSTOMER’S NEEDS OR EXPECTATIONS OR THAT ANY PIECE OF HARDWARE WILL WORK ON ANY PARTICULAR NETWORKS. REPLACEMENTS OF HARDWARE OUTSIDE OF THE WARRANTY FOR ANY REASON, INCLUDING BUT NOT LIMITED TO, CUSTOMER INITIATED DAMAGE, SHALL BE PROVIDED UPON REQUEST AT GEOFORCE’S THEN CURRENT PRICE.or
Appears in 1 contract
Samples: Product Purchase Agreement
Hardware Warranty. Subject (a) As to any hardware PRODUCTS purchased by the limitations set forth ASSOCIATE in accordance with the terms of this Agreement, Geoforce NECAM warrants for fourteen (14) months from the date of shipment to ASSOCIATE that the hardware PRODUCTS: Revised 5/2000
(1) will conform to the applicable specifications for one year from that date that title passes to Customer for Hardware such hardware PRODUCTS published by NECAM at the time of sale, and
(the “Warranty Period”), the Hardware sold 2) will be free of from defects in materials material and workmanship workmanship, under normal use and service when installed, operated, correctly installed and serviced in strict accordance with Geoforce’s and maintained,
(3) will be Year 2000 Compliant only to the manufacturer’s requirements. Ifextent specifically set forth on the NEC Web Page at http://www.cng.nec.com.
(b) NECAM reserves the right to modixx xxx xxxxxxxx xx terms of the warranty upon written notice to the ASSOCIATE.
(c) NECAM's liability for any hardware PRODUCT which is shown to be defective during its warranty is limited to:
(a1) Geoforce is timely notified that replacing the Hardware fails to operate because of hardware PRODUCT or part thereof with a defect in materials functionally equivalent hardware PRODUCT or workmanship within part,
(2) repairing the Warranty Period; hardware PRODUCT, or
(b3) the failed Hardware is actively subscribed to the Service; and (c) Customer’s account is in good standing, Geoforce will, at its sole option and at no charge to Customer, repair or send a replacement issuing credit for the Hardware to the location of initial export from a Supplier’s Jurisdiction noting Customer as the importer/exporter of record hardware PRODUCT
(if outside the USd) or arrange for the Hardware’s repair or sending of a replacement or, in its discretion, refund any monies paid for such. Customer is responsible for removal and replacement of any failed Hardware at its own cost and NECAM shall return failed Hardware to Geoforce at Customer’s own cost within 30 days of Geoforce’s determination to repair or send a replacement of such failed Hardware or Geoforce will charge Customer the full price select which of the replacement. Warranty replacements do not extend above warranty remedies to utilize concerning any particular hardware PRODUCT.
(e) In the warranty therefore while event that any replacement device will continue hardware PRODUCT is shown to be covered under defective during the original warranty period, it the ASSOCIATE, or such Authorized ASSOCIATE as may be providing service to the end-user to whom such PRODUCT has been sold or leased, shall:
(1) notify NECAM promptly in writing of any claims,
(2) provide NECAM with an opportunity to inspect and test the hardware PRODUCTS claimed to be defective, and
(3) if repair or replacement of the hardware PRODUCT is selected by NECAM, return the hardware PRODUCT to NECAM only in accordance with NECAM's then current Material Return Authorization ("MRA") policy and procedures, which are incorporated herein by reference and are subject to change by NECAM from time to tune.
(f) The above warranty excludes coverage for hardware PRODUCTS which were installed, repaired or maintained by an unauthorized service provider or which were subjected to misuse, abuse, improper installation or application, improper maintenance or repair, alteration, accident or negligence in use, improper temperature, humidity or other Revised 5/2000 environmental condition (including, but not limited to, lightning or water damage), storage, transportation or handling, unless caused by NECAM or its authorized representative.
(g) NECAM's hardware PRODUCTS warranty extends only to ASSOCIATE and ASSOCIATE is not authorized to assign this warranty to its customers or to any other party. Rather, the ASSOCIATE agrees to extend a hardware PRODUCTS warranty to its end-user customers which is no greater in substance and scope than that extended by NECAM to ASSOCIATE, and which shall incorporate the warranty exclusions and liability limitations provided in Sections 21(e), 21(h) and 31.
(h) All hardware PRODUCTS warranty claims must be forwarded to NECAM by an Authorized ASSOCIATE. NECAM will accept no hardware PRODUCTS warranty claims from former ASSOCIATES whose ASSOCIATE Agreements have expired or been terminated, or directly from ASSOCIATE's customers. The warranty shall not begin operate to extend the term of ASSOCIATE's Agreement and shall terminate immediately upon termination or nonrenewal of the Agreement or of ASSOCIATE's authorization to sell the covered warranty components. In such event, ASSOCIATE hereby consents to the assignment of the warranty to a new warranty period. then currently Authorized NECAM ASSOCIATE.
(i) THE HARDWARE PRODUCTS WARRANTY CONTAINED IN THIS PARAGAPH DOES NOT COVER: AGREEMENT IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (a) HARDWARE THAT HAS BEEN TAMPERED WITH OR SERVICED WITHOUT GEOFORCE’S AUTHORIZATION; (b) HARDWARE THAT HAS BEEN LOST OR STOLEN THROUGH NO FAULT OF GEOFORCE; (c) HARDWARE THAT IS DESIGNED TO BE CONSUMABLE, INCLUDING, BUT NOT LIMITED TO, NON-SERVICABLE ACTIVE RFID TAGS; ) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR (d) HARDWARE SUBJECTED TO ABUSE, MISUSE, NEGLECT, OR HOSTILE OPERATING ENVIRONMENTS AS OPPOSED TO HARSH ENVIRONMENTS. EXCEPT AS SET FORTH IN THIS AGREEMENT THE HARDWARE IS OFFERED “AS IS”. GEOFORCE DOES NOT WARRANT THAT THE HARDWARE WILL MEET CUSTOMER’S NEEDS OR EXPECTATIONS OR THAT ANY PIECE OF HARDWARE WILL WORK ON ANY FITNESS FOR A PARTICULAR NETWORKS. REPLACEMENTS OF HARDWARE OUTSIDE OF THE WARRANTY FOR ANY REASONPURPOSE, INCLUDING BUT NOT LIMITED TOTO PREVENTION, CUSTOMER INITIATED DAMAGEDETECTION OR DE REFERENCE OF TOLL FRAUD, SHALL BE PROVIDED UPON REQUEST AT GEOFORCE’S THEN CURRENT PRICECOMPUTER VIRUSES OR OTHER UNAUTHORIZED OR IMPROPER USE OF THE HARDWARE PRODUCTS.
Appears in 1 contract
Samples: Associate Agreement (Pinnacle Business Management Inc)