Limitations to Warranty. McDATA shall notify BROCADE of a failure by the Product to substantially perform in accordance with the relevant standards set forth in Section 15.2, as applicable, during the applicable Hardware Warranty Period or Software Warranty Period. If BROCADE confirms such Product is defective after McDATA, at McDATA's expense, has returned the Product to a BROCADE-authorized repair center for inspection, then, BROCADE will at its election promptly repair or replace any such Product within [*] days of receipt thereof, at no charge to McDATA. Replacement Product may be either new or re-manufactured and certified as new (in accordance with BROCADE's * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.
Limitations to Warranty. McDATA shall notify BROCADE of a failure by the Product to substantially perform in accordance with the relevant standards set forth in Section 15.2, as applicable, during the applicable Hardware Warranty Period or Software Warranty Period. If BROCADE confirms such Product is defective after McDATA, at McDATA's expense, has returned the Product to a BROCADE-authorized repair center for inspection, then, BROCADE will at its election promptly repair or replace any such Product within [*] days of receipt thereof, at no charge to McDATA. Replacement Product may be either new or re-manufactured and certified as new (in accordance with BROCADE's standard manufacturing test processes or, with regard to the Licensed Software, the applicable specifications). In the event that the Product returned is not defective, McDATA will be responsible for freight costs for return shipment to McDATA. The foregoing warranties shall not apply to Products that have been (i) damaged by accident through no fault of BROCADE, Acts of God, shipment, improper installation, abnormal physical or electrical stress, misuse or misapplication, as determined by BROCADE in its sole reasonable discretion, or (ii) modified without BROCADE's express written acceptance of such modification for warranty purposes. BROCADE reserves the right to charge additional fees for repairs or replacements performed on Products after the Hardware Warranty Period or Software Warranty Period, as applicable, has terminated.
Limitations to Warranty. The Company is not responsible for repairs, disassembly, or re-assembly of other products that are not supplied,provided, or sold by the Company. • The Company is not liable for any losses, expenses, damages, or costs incurred by you incidental or collateral to the Warranty, including, but not limited to, shipping, retrieval, and redeployment of the Product. • This Warranty is not transferable or assignable by you and only applies to you. Upon written notice to you, the Company may assign this Warranty. In other words, warranty claims can only be made by the company that purchased the products from the Company. • The Company does not warrant the results obtained from the implementation of recommendations made by the Company or its authorized distributors concerning the use, design, or application of the Product. • You assume all responsibility and liability for loss or damage resulting from your handling or use of the Product. • The onus is on you to provide evidence satisfactory to the Company that any event that may invalidate the Warranty has not occurred, including, but not limited to, providing evidence of specific storage, maintenance, or operational procedures to assure Product performance. • The Company has the sole discretion in determining the validity of any Warranty claim and reserves the right to determine the cause of Product defect including examining patterns in Product usage, trends in Product failure, and to review your documentation of installation, use, maintenance, storage procedures, and test results. • The Company's liability on any claim, whether in warranty, contract, negligence, or any other legal theory, for loss,damage, or injury arising directly or indirectly from or in relation to the use of the Product shall in no event exceedthe purchase price paid by you for the Product as stated in the original invoice. • The repair or replacement of the Product or granting of credit by the Company in accordance with the Warranty Coverage shall be your sole remedy and IN NO EVENT SHALL THE COMPANY BE LIABLE FOR PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCURRED BY YOU WHETHER FORSEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE OF GOODS (EXCLUDING THE PRODUCT), LOSS OF BARGAIN, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, OR LOSS OF REPUTATION. • The Warranty set out above is the sole warranty granted by the Company with respect to the Product. No oral understanding, representations or warranti...
Limitations to Warranty. Maintenance and repairs during the Warranty term shall be the responsibility of Purchaser. This warranty does not cover any damage to Products or injury to an operator or patient due to misuse, alteration of the product, improper site selection, and maintenance or operation by Purchaser or any others which is contrary to recommended instructions and design parameters for the Products. This warranty does not cover damage or defects resulting from repair of the Products by anyone other than a Wand Dental representative. Certain items which are refurbished or otherwise reconditioned are also excluded from the terms of this warranty. This warranty does not cover any damage due to accidents, vandalism, fire, flood, other environmental factors or any other Force Majeure. If you have questions regarding warranty coverage, please contact Wand Dental Purchaser Service. THIS WARRANTY IS MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; ANY IMPLIED WARRANTY ARISING OUT OF A COURSE OF DEALING OR OF PERFORMANCE, CUSTOM OR USAGE OF TRADE; OR ANY IMPLIED WARRANTY AGAINST PATENT INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL WAND DENTAL BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, REVENUE OR BUSINESS) RESULTING FROM OR IN ANY WAY RELATED TO THE PRODUCTS. These limitations apply regardless of whether such damages are sought based on breach of contract, negligence, strict liability in tort, or any other legal theory. The liability of Wand Dental relating to any order by Purchaser shall in no event exceed the total amount of the payments received by Wand Dental relating to such order. Without regard to any applicable statute of limitations, Purchaser agrees that any legal action related to any order must be commenced within ninety (90) days of the purchase date.
Limitations to Warranty. McDATA shall notify BROCADE of a failure by the Product to substantially perform in accordance with the relevant standards set forth in Section 15.2, as applicable, during the applicable Hardware Warranty Period or Software Warranty Period. If BROCADE confirms such Product is defective after McDATA, at McDATA's expense, has returned the Product to a BROCADE-authorized repair center for inspection, then, BROCADE will at its election promptly repair or replace any such Product within [*] days of receipt thereof, at no charge to McDATA. Replacement Product may be either new or re-manufactured and certified as new (in accordance with BROCADE's standard manufacturing test processes or, with regard to the Licensed Software, the applicable specifications). In the event that the Product returned is not defective, McDATA will be responsible for * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.
