Common use of Liability for Breach of Product Warranty Clause in Contracts

Liability for Breach of Product Warranty. If any failure to conform to the representation and warranty set forth in Section 8.1.7 appears within the applicable warranty period, Tutogen will, at its option and expense, correct any such failure by either replacing the defective or non-conforming Product or by repairing such Product. In no event shall the liability of Tutogen in connection with such warranty exceed the cost of replacing or repairing the defective Product. The foregoing shall constitute the exclusive remedy of Sulzer and the sole liability of Tutogen whether in contract or in tort or otherwise relating to a defect of a Product.

Appears in 1 contract

Samples: u.s. Service Agreement (Tutogen Medical Inc)

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Liability for Breach of Product Warranty. If any failure to conform to the representation and warranty set forth in Section 8.1.7 8.1.9 appears within the applicable warranty period, Tutogen will, at its option and expense, correct any such failure by either replacing the defective or non-conforming Product or by repairing such Product. In no event shall the liability of Tutogen in connection with such warranty exceed the cost of replacing or repairing the defective Product. The foregoing shall constitute the exclusive remedy of Sulzer and the sole liability of Tutogen whether in contract or in tort or otherwise relating to a defect of a Product.

Appears in 1 contract

Samples: International Distribution Agreement (Tutogen Medical Inc)

Liability for Breach of Product Warranty. If any failure to conform to ---------------------------------------- the representation and warranty set forth in Section 8.1.7 appears within the applicable warranty period, Tutogen will, at its option and expense, correct any such failure by either replacing the defective or non-conforming Product or by repairing such Product. In no event shall the liability of Tutogen in connection with such warranty exceed the cost of replacing or repairing the defective Product. The foregoing shall constitute the exclusive remedy of Sulzer and the sole liability of Tutogen whether in contract or in tort or otherwise relating to a defect of a Product.

Appears in 1 contract

Samples: Xenograft Distribution Agreement (Sulzer Medica Usa Holding Co)

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Liability for Breach of Product Warranty. If any failure to conform to ---------------------------------------- the representation and warranty set forth in Section 8.1.7 8.1.9 appears within the applicable warranty period, Tutogen will, at its option and expense, correct any such failure by either replacing the defective or non-conforming Product or by repairing such Product. In no event shall the liability of Tutogen in connection with such warranty exceed the cost of replacing or repairing the defective Product. The foregoing shall constitute the exclusive remedy of Sulzer and the sole liability of Tutogen whether in contract or in tort or otherwise relating to a defect of a Product.

Appears in 1 contract

Samples: International Distribution Agreement (Sulzer Medica Usa Holding Co)

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