Common use of INSPECTION AND WARRANTY Clause in Contracts

INSPECTION AND WARRANTY. 10.1 Upon receipt of shipment hereunder, Buyer shall inspect the Products under such shipment. Claims for shortages, incorrect materials or invoicing errors must be made by Buyer within twenty (20) days after receipt of shipment. Claims for non-receipt of shipment must be made within twenty (20) days after receipt of invoice. Claims for defects in material, workmanship or failure to meet specifications must be made within the time period specified below. 10.2 Division warrants that the Products furnished hereunder will at the time of shipment, and for the period specified in Appendix 2 ("Warranty Period"), be free from defects in material and workmanship under normal use and service and will conform to Division's applicable standard written specifications. 10.3 Should any Product prove defective by reason of improper material or workmanship or failure to meet the specifications, and if Buyer shall have so notified Division in writing within the period specified above and shall have specified in such notice the alleged defects and/or failures, and if such Product is found to Division's satisfaction to be nonconforming, Division shall, at Division's option, either repair or replace such defective Product at Division's cost or refund the purchase price of such defective Product within sixty (60) days after receipt of such defective Product. Division shall not be required to remove or install any Products from or into Buyer's product(s) or system(s) for the purpose of such repair or replacement. 10.4 Notwithstanding the above, Division shall have no warranty, liability or obligation to the Buyer with respect to any software which may be contained on any media Products; or any Products which have been subjected to operating and/or environmental conditions in excess of the maximum values therefor in the applicable specifications or otherwise have been subjected to abuse, misuse, improper use, improper testing, negligence, accident, alteration, tampering or faulty repair, such as, by way of example, any Product that has been reconfigured by Buyer; or any Product which has been altered, repaired or modified other than upon Division's prior written approval; or any Product subjected to unusual physical, electrical or environmental stress or improper installation; or any Product that has any foreign equipment or component, either residing in Buyer's chassis or connecting to it other than via a Division-supplied interface device, unless such foreign equipment or component is first removed, and no defect has been induced by its incorporation. Nor shall this warranty extend to subsequent purchasers or end users of Buyer's product(s) in which Division's Products may be incorporated. 10.5 Division hereby disclaims any representations or warranty that the Products are or will be compatible with any combination of non-Sony products Buyer may choose to connect to the Products. It shall be Buyer's responsibility to determine for itself the suitability and compatibility of the Products in each instance. 10.6 Continued use or possession of the Products after expiration of the applicable warranty period stated above shall be conclusive evidence that the warranty is fulfilled to the full satisfaction of Buyer. Division's warranties as hereinabove set forth shall not be enlarged, diminished or affected by, and no obligation or liability shall arise or grow out of, Division's rendering of technical advice or service in connection with Buyer's order of the Products furnished hereunder. 10.7 THE BUYER ACKNOWLEDGES THAT, EXCEPT AS EXPRESSLY PROVIDED ABOVE, NO WARRANTIES WITH REGARD TO THE PRODUCTS, WHETHER OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, ARE CREATED BY THIS AGREEMENT AND THE DIVISION HEREBY DISCLAIMS AND EXCLUDES ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

INSPECTION AND WARRANTY. 10.1 Upon receipt 7.1 Customer shall promptly after receipt, inspect each shipment of shipment hereunderthe Lens Blanks to: (1) verify the quantity; (2) identify damage, Buyer shall inspect if any; and (3) determine compliance with the Products under Specifications. Customer will notify Corning in writing of any such shipment. Claims for shortages, incorrect materials or invoicing errors must be made by Buyer noncompliance of Lens Blanks within twenty thirty (2030) days after receipt of shipment. Claims for non-receipt of shipment must be made within twenty (20) days after receipt of invoice. Claims for defects in material, workmanship or failure delivery to meet specifications must be made within the time period specified belowCustomer. 10.2 Division 7.2 Subject to Section 7.1 above, Corning warrants to Customer that the Products furnished Lens Blanks sold hereunder will at shall meet the time of shipment, Specifications and for the period specified in Appendix 2 ("Warranty Period"), be free from defects in material materials and workmanship under normal use and service and will conform to Division's applicable standard written specifications. 10.3 Should any Product prove defective by reason of improper material or workmanship or failure the acceptable quality levels set forth on Appendix A. Lens Blanks which fail to meet the specifications, foregoing warranty shall be replaced or Corning shall issue a credit for such Lens Blanks which fail to meet the Specifications and if Buyer shall have so notified Division in writing within the period specified above and shall have specified in such notice the alleged defects and/or failures, and if such Product is found to Division's satisfaction to be nonconforming, Division shall, at Division's option, either repair or replace such defective Product at Division's cost or refund the purchase price of such defective Product within sixty (60) days after receipt of such defective Product. Division shall not be required to remove or install any Products from or into Buyer's product(s) or system(s) for the purpose of such repair or replacement. 10.4 Notwithstanding the above, Division shall have no warranty, liability or obligation to the Buyer with respect to any software which may be contained on any media Products; or any Products which have been subjected purchased and paid for by Customer. The option to operating and/or environmental conditions in excess replace or issue a credit shall be determined solely by Customer. The foregoing shall be Customer's sole and exclusive remedies notwithstanding any of the maximum values therefor provisions of this Agreement and under no circumstances will Corning be liable to Customer or any third party for any special, consequential, or indirect damage or damages including, without limitation the loss of profits or production arising from any cause whatsoever (and expressly excluding third party claims for personal injury or property damage), even if Corning has been advised of the possibility of such damage or damages. 7.3 Corning warrants to Customer that the Lens Blanks sold hereunder and delivered by Corning do not infringe upon any patent rights of third parties when used for their intended purpose and Corning will hold the Customer harmless from any such claim; provided however that no such warranty is extended to any Lens Blanks made in the applicable accordance with specifications or otherwise have been subjected to abuse, misuse, improper use, improper testing, negligence, accident, alteration, tampering or faulty repair, such as, designs supplied by way of example, any Product that has been reconfigured by Buyer; or any Product which has been altered, repaired or modified other than upon Division's prior written approval; or any Product subjected to unusual physical, electrical or environmental stress or improper installation; or any Product that has any foreign equipment or component, either residing in Buyer's chassis or connecting to it other than via a Division-supplied interface device, unless such foreign equipment or component is first removed, and no defect has been induced by its incorporation. Nor shall this warranty extend to subsequent purchasers or end users of Buyer's product(s) in which Division's Products may be incorporatedCustomer. 10.5 Division hereby disclaims any representations or warranty that the Products are or will be compatible with any combination of non-Sony products Buyer may choose to connect to the Products. It shall be Buyer's responsibility to determine for itself the suitability and compatibility of the Products in each instance. 10.6 Continued use or possession of the Products after expiration of the applicable warranty period stated above shall be conclusive evidence that the warranty is fulfilled to the full satisfaction of Buyer. Division's warranties as hereinabove set forth shall not be enlarged, diminished or affected by, and no obligation or liability shall arise or grow out of, Division's rendering of technical advice or service in connection with Buyer's order of the Products furnished hereunder. 10.7 7.4 THE BUYER ACKNOWLEDGES THAT, EXCEPT AS EXPRESSLY PROVIDED ABOVE, NO FOREGOING WARRANTIES WITH REGARD TO THE PRODUCTSARE IN LIEU OF ALL OTHER WARRANTIES, WHETHER OF MERCHANTABILITY EXPRESSED OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISEIMPLIED, ARE CREATED BY THIS AGREEMENT AND THE DIVISION HEREBY DISCLAIMS AND EXCLUDES ALL INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

INSPECTION AND WARRANTY. 10.1 Upon 15.1 Manufacturer warrants that all Product Components and Products will be free of defects in design, manufacturing and raw materials for a period of three (3) months from the date of receipt of shipment hereunder, Buyer shall such Product Components and Products by Purchaser at its facilities. 15.2 Purchaser will inspect the Product Components or Products at Purchaser's facilities. If Purchaser finds that any such Product Component or First Set does not conform to the relevant accepted purchase order, Purchaser will notify Manufacturer within ten (10) days of its receipt of such goods at its facilities. 15.3 All claims under such shipment. Claims for shortages, incorrect materials or invoicing errors the inspection and warranty rights in this Article 15 must be made received by Buyer within twenty Manufacturer before the expiration of the ten (2010) day inspection period or the three (3) month warranty period, respectively, accompanied by written notice (each a "Warranty Notice") giving a reasonably detailed description of the nonconformity or defect in goods, respectively. Within fifteen (15) days after receipt of shipment. Claims receiving a Warranty Notice, Manufacturer will, at its option, (i) repair or replace the defective goods (with shipping and insurance for non-receipt Manufacturer's account and at its risk), or issue a credit or refund for the defective goods or (ii) request a return of shipment must be made the goods in question, in which case Purchaser will return the goods in question within twenty five (205) days after receipt of invoiceManufacturer's request (with shipping and insurance for Manufacturer's account and at its risk). Claims Manufacturer will inspect the returned goods and if the -14- goods are nonconforming, Manufacturer will issue a credit or refund for defects in materialthe defective goods. If Manufacturer reasonably believes the goods are conforming, workmanship Manufacturer will communicate its findings to Purchaser and Manufacturer and Purchaser will take appropriate actions to resolve such dispute (including good faith discussions between the parties). 15.4 Manufacturer shall have no liability whatsoever under this limited product warranty or otherwise if the defect or failure to meet conform to specifications must be made within is due to transportation conditions, improper storage, handling or conditions of use of the time period specified belowProduct Components or Products by Purchaser or by any third party. 10.2 Division warrants that the Products furnished hereunder will at the time of shipment, 15.5 This limited warranty is extended by Manufacturer solely to Purchaser and for the period specified in Appendix 2 ("Warranty Period"), be free from defects in material and workmanship under normal use and service and will conform to Division's applicable standard written specifications. 10.3 Should any Product prove defective by reason of improper material or workmanship or failure to meet the specifications, and if Buyer shall have so notified Division in writing within the period specified above and shall have specified in such notice the alleged defects and/or failures, and if such Product is found to Division's satisfaction to be nonconforming, Division shall, at Division's option, either repair or replace such defective Product at Division's cost or refund the purchase price of such defective Product within sixty (60) days after receipt of such defective Product. Division shall not be required to remove or install any Products from or into Buyer's product(s) or system(s) for the purpose of such repair or replacement. 10.4 Notwithstanding the above, Division shall have no warranty, liability or obligation applies only to the Buyer Product Components and Products which were manufactured and delivered by Manufacturer. Manufacturer hereby disclaims and excludes all warranties, express or implied, or any liability whatsoever with respect to assembled Products integrating the Product Components, other than First Sets. 15.6 Any warranty replacement of a part cannot have the effect of extending the initial warranty period. 15.7 Manufacturer declines any software which may be contained on any media Products; or any Products which have been subjected to operating and/or environmental conditions in excess of the maximum values therefor in the applicable specifications or otherwise have been subjected to abuse, misuse, improper use, improper testing, negligence, accident, alteration, tampering or faulty repair, such as, by way of example, liability for any Product that has been reconfigured or Product Component not delivered by Buyer; itself and, in particular, for other products or any components used by Purchaser and integrated into an assembly. Manufacturer will not be liable if the failure of one of its Product Components is caused by other neighboring components or by components to which has been altered, repaired it is linked by Purchaser or modified other than upon Division's prior written approval; or any Product subjected to unusual physical, electrical or environmental stress or improper installation; or any Product that has any foreign equipment or component, either residing in Buyer's chassis or connecting to it other than via a Division-supplied interface device, unless such foreign equipment or component is first removed, and no defect has been induced by its incorporation. Nor shall this warranty extend to subsequent purchasers or end users of Buyer's product(s) in which Division's Products may be incorporatedthird party. 10.5 Division hereby disclaims any representations 15.8 Under no circumstances shall Manufacturer or warranty that the Products are or will Purchaser be compatible with any combination of non-Sony products Buyer may choose to connect liable to the Products. It shall be Buyer's responsibility to determine other for itself the suitability and compatibility of the Products any special, incidental, consequential, indirect or exemplary losses or damages pertaining in each instance. 10.6 Continued use or possession of the Products after expiration of the applicable warranty period stated above shall be conclusive evidence that the warranty is fulfilled any way to the full satisfaction of Buyer. Division's warranties as hereinabove set forth shall not be enlarged, diminished products or affected by, and no obligation or liability shall arise or grow out of, Division's rendering of technical advice or service in connection with Buyer's order of the Products furnished hereunderproduct components under this Agreement. 10.7 THE BUYER ACKNOWLEDGES THAT, EXCEPT AS EXPRESSLY PROVIDED ABOVE, NO WARRANTIES WITH REGARD TO THE PRODUCTS, WHETHER OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, ARE CREATED BY THIS AGREEMENT AND THE DIVISION HEREBY DISCLAIMS AND EXCLUDES ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

INSPECTION AND WARRANTY. 10.1 Upon receipt Supplier warrants that: (1) for a period of shipment hereunder, Buyer shall inspect 12 months from the date of delivery the Products under such shipmentwill be in good working order and will operate in all material respects in accordance with the relevant Product specifications; and (2) it will produce the Products in accordance with the requirements set forth by the UK RoHS and RoHS European Directive (EU 2015/863 or later), Restriction of Hazardous Substances) and any other applicable safety standards. Claims If (a) Customer notifies Supplier of the failure of any of the Products to perform in accordance with the applicable specifications during the warranty period within a reasonable time of discovery, and (b) Customer arranges for shortages, incorrect materials or invoicing errors must be made by Buyer within twenty (20) days after receipt the delivery of shipment. Claims for the non-receipt conforming Products to Supplier so that they may be examined and, if necessary, repaired, then Customer’s exclusive remedy and Supplier’s sole liability under this warranty will be for Supplier to provide during the warranty period, at no additional charge to Customer, the parts and labour necessary to restore the Products to good working order. In the case of shipment a defect apparent on a reasonable inspection, Customer must be made notify Supplier within twenty five (205) business days of delivery of the Products. In the case of a defect not apparent on reasonable inspection, Customer must notify Supplier within a reasonable time of the defect becoming apparent, and in any event no later than twelve (12) months after receipt of invoicedelivery. Claims for defects in material, workmanship Supplier disclaims all warranty liability under this section to the extent that a defect or failure to meet specifications must be made within is caused by or arises out of: (i) the time period specified below. 10.2 Division warrants that the Products furnished hereunder will at the time of shipment, and specific designs for the period Product as specified in Appendix 2 by the Customer; ("Warranty Period"), be free from ii) defects in material and workmanship under normal use and service and will conform to Division's applicable standard written specifications. 10.3 Should any Product prove defective by reason of improper material or workmanship of components or failure raw materials provided by third party suppliers that Customer requires Supplier to meet use in the specifications, and if Buyer shall manufacture of the Product (but not including defects that reasonably should have so notified Division been identified by Supplier in any testing or inspection procedures agreed to in writing within by the period specified above and shall have specified in such notice the alleged defects and/or failures, and if such Product is found to Division's satisfaction to be nonconforming, Division shall, at Division's option, either repair parties); (iii) misuse or replace such defective Product at Division's cost or refund the purchase price of such defective Product within sixty (60) days after receipt of such defective Product. Division shall not be required to remove or install any Products from or into Buyer's product(s) or system(s) for the purpose of such repair or replacement. 10.4 Notwithstanding the above, Division shall have no warranty, liability or obligation to the Buyer with respect to any software which may be contained on any media Products; or any Products which have been subjected to operating and/or environmental conditions in excess of the maximum values therefor in the applicable specifications or otherwise have been subjected to abuse, misuse, improper use, improper testingabuse, negligence, accident, alteration, tampering or faulty repair, such as, by way unauthorised repair or alteration of example, any Product that has been reconfigured by Buyerthe Product; or any Product which has been altered(iv) the Customer's failure to follow Supplier’s oral or written instructions as to the storage, repaired or modified other than upon Division's prior written approval; or any Product subjected to unusual physical, electrical or environmental stress or improper installation; or any Product that has any foreign equipment or component, either residing in Buyer's chassis or connecting to it other than via a Division-supplied interface device, unless such foreign equipment or component is first removeduse, and no defect has been induced by its incorporationmaintenance of the Products. Nor shall this Except as provided in the limited warranty extend to subsequent purchasers or end users of Buyer's product(s) in which Division's Products may be incorporated. 10.5 Division hereby disclaims any representations or warranty that above, the Products are or will be compatible with any combination of non-Sony products Buyer may choose to connect to the Products. It shall be Buyer's responsibility to determine for itself the suitability provided “as is” and compatibility of the Products in each instance. 10.6 Continued use or possession of the Products after expiration of the applicable warranty period stated above shall be conclusive evidence that the warranty is fulfilled to the full satisfaction of Buyer. Division's warranties as hereinabove set forth shall not be enlarged, diminished or affected bywithout warranty, and no obligation Supplier expressly disclaims all other warranties, representations and guarantees, whether express, implied, or liability shall arise or grow out ofstatutory, Division's rendering including without limitation any implied warranties of technical advice or service in connection with Buyer's order of the Products furnished hereunderfitness for a particular purpose, noninfringement, and satisfactory quality. 10.7 THE BUYER ACKNOWLEDGES THAT, EXCEPT AS EXPRESSLY PROVIDED ABOVE, NO WARRANTIES WITH REGARD TO THE PRODUCTS, WHETHER OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, ARE CREATED BY THIS AGREEMENT AND THE DIVISION HEREBY DISCLAIMS AND EXCLUDES ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.