Limited Equipment Warranty. The Supplier warrants that during the Warranty Period, all Equipment provided: (a) will be free from defects in materials and workmanship, and (b) will substantially conform to the Supplier's specifications for such Equipment (the "Limited Warranty"). This Limited Warranty does not extend to the following events unless Supplier has caused or contributed to such failures: (i) any failure in the Equipment due to accident, abuse, misuse or negligent use of the Equipment; (ii) any failure resulting from use in other than a normal and customary manner under normal environmental conditions and conforming to the Equipment's instructions; (iii) any failure in the Equipment caused by failing to follow prescribed operating maintenance procedures; (iv) any failure in the Equipment due to modifications, alterations, additions or changes to the Equipment not made or authorised to be made by the Supplier; or (v) damage caused by force of nature, external causes, or act of any third party (other than the Supplier or its duly authorised representative). This Limited Warranty shall be void and of no force or effect if any Equipment is installed or serviced by any party other than the Supplier or a thirdparty (including the Customer) authorised and certified by the Supplier to perform such services: (A) the Customer will notify the Supplier in writing via email to xxxxxxx@xxxxxxxxxxxx.xxx of any Equipment with defects the Customer believes to be covered by the Limited Warranty. Upon receipt of such written notice, the Supplier will first attempt to resolve the defect remotely. In the event such remote troubleshooting fails to cure the defect, and provided the defect complained of is covered by the Limited Warranty, the Supplier shall issue a Returned Material Authorisation ("RMA") number to the Customer. (B) upon issue of the RMA number to the Customer, the Supplier shall ship replacement Equipment to the Customer, and shall include written RMA instructions. The Customer shall promptly return the defective Equipment to the Supplier in accordance with such written RMA instructions. (C) if the defective Equipment is received by the Supplier within 7 days of the Customer receiving the RMA, and provided the Supplier verifies, in its sole reasonable discretion, that the defect in such Equipment is covered by the Limited Warranty, the Supplier will not charge the Customer any additional charges or fees for the replacement Equipment. (D) if the replacement Equipment is received after expiration of the Warranty Period, or if the Supplier determines that the defective Equipment is not covered by the Limited Warranty, the Supplier shall charge the Customer, and the Customer shall pay the Supplier, for the replacement Equipment at the Supplier's thencurrent standard prices. (E) the Customer shall be liable for any shipping and insurance charges incurred in connection with shipment of the defective Equipment or replacement Equipment (as the case may be). (c) This Clause 3 and Clause 12 state the Customer's sole remedies, and the sole liability of the Supplier, arising out of any defect in the equipment supplied.
Appears in 2 contracts
Samples: Terms and Conditions Agreement, Terms and Conditions Agreement
Limited Equipment Warranty. The Supplier warrants that during the Warranty Period, all Equipment provided:
(a) will be free from defects in materials and workmanship, and
(b) will substantially conform to the Supplier's specifications for such Equipment (the "Limited Warranty"). This Limited Warranty does not extend to the following events unless Supplier has caused or contributed to such failures:
(i) any failure in the Equipment due to accident, abuse, misuse or negligent use of the Equipment;
(ii) any failure resulting from use in other than a normal and customary manner under normal environmental conditions and conforming to the Equipment's instructions;
(iii) any failure in the Equipment caused by failing to follow prescribed operating maintenance procedures;
(iv) any failure in the Equipment due to modifications, alterations, additions or changes to the Equipment not made or authorised to be made by the Supplier; or
(v) damage caused by force of nature, external causes, or act of any third party (other than the Supplier or its duly authorised representative). This Limited Warranty shall be void and of no force or effect if any Equipment is installed or serviced by any party other than the Supplier or a thirdparty (including the Customer) authorised and certified by the Supplier to perform such services:
(A) the Customer will notify the Supplier in writing via email to xxxxxxx@xxxxxxxxxxxx.xxx xxxxxxx@xxxxxxxx.xxx of any Equipment with defects the Customer believes to be covered by the Limited Warranty. Upon receipt of such written notice, the Supplier will first attempt to resolve the defect remotely. In the event such remote troubleshooting fails to cure the defect, and provided the defect complained of is covered by the Limited Warranty, the Supplier shall issue a Returned Material Authorisation ("RMA") number to the Customer.
(B) upon issue of the RMA number to the Customer, the Supplier shall ship replacement Equipment to the Customer, and shall include written RMA instructions. The Customer shall promptly return the defective Equipment to the Supplier in accordance with such written RMA instructions.
(C) if the defective Equipment is received by the Supplier within 7 days of the Customer receiving the RMA, and provided the Supplier verifies, in its sole reasonable discretion, that the defect in such Equipment is covered by the Limited Warranty, the Supplier will not charge the Customer any additional charges or fees for the replacement Equipment.
(D) if the replacement Equipment is received after expiration of the Warranty Period, or if the Supplier determines that the defective Equipment is not covered by the Limited Warranty, the Supplier shall charge the Customer, and the Customer shall pay the Supplier, for the replacement Equipment at the Supplier's thencurrent standard prices.
(E) the Customer shall be liable for any shipping and insurance charges incurred in connection with shipment of the defective Equipment or replacement Equipment (as the case may be).
(c) This Clause 3 and Clause 12 state the Customer's sole remedies, and the sole liability of the Supplier, arising out of any defect in the equipment supplied.
Appears in 1 contract
Samples: Terms and Conditions Agreement
Limited Equipment Warranty. The Supplier warrants that during the Warranty Period, all Equipment provided:
(a) will be free from defects in materials and workmanship, and
(b) will substantially conform to the Supplier's specifications for such Equipment (the "Limited Warranty"). This Limited Warranty does not extend to the following events unless Supplier has caused or contributed to such failures:
(i) any failure in the Equipment due to accident, abuse, misuse or negligent use of the Equipment;
(ii) any failure resulting from use in other than a normal and customary manner under normal environmental conditions and conforming to the Equipment's instructions;
(iii) any failure in the Equipment caused by failing to follow prescribed operating maintenance procedures;
(iv) any failure in the Equipment due to modifications, alterations, additions or changes to the Equipment not made or authorised to be made by the Supplier; or
(v) damage caused by force of nature, external causes, or act of any third party (other than the Supplier or its duly authorised representative). This Limited Warranty shall be void and of no force or effect if any Equipment is installed or serviced by any party other than the Supplier or a thirdparty (including the Customer) authorised and certified by the Supplier to perform such services:
(A) the Customer will notify the Supplier in writing via email to xxxxxxx@xxxxxxxxxxxx.xxx xxxxxxx@XXXXXXxx.xxx of any Equipment with defects the Customer believes to be covered by the Limited Warranty. Upon receipt of such written notice, the Supplier will first attempt to resolve the defect remotely. In the event such remote troubleshooting fails to cure the defect, and provided the defect complained of is covered by the Limited Warranty, the Supplier shall issue a Returned Material Authorisation ("RMA") number to the Customer.
(B) upon issue of the RMA number to the Customer, the Supplier shall ship replacement Equipment to the Customer, and shall include written RMA instructions. The Customer shall promptly return the defective Equipment to the Supplier in accordance with such written RMA instructions.
(C) if the defective Equipment is received by the Supplier within 7 days of the Customer receiving the RMA, and provided the Supplier verifies, in its sole reasonable discretion, that the defect in such Equipment is covered by the Limited Warranty, the Supplier will not charge the Customer any additional charges or fees for the replacement Equipment.
(D) if the replacement Equipment is received after expiration of the Warranty Period, or if the Supplier determines that the defective Equipment is not covered by the Limited Warranty, the Supplier shall charge the Customer, and the Customer shall pay the Supplier, for the replacement Equipment at the Supplier's thencurrent standard prices.
(E) the Customer shall be liable for any shipping and insurance charges incurred in connection with shipment of the defective Equipment or replacement Equipment (as the case may be).
(c) This Clause 3 and Clause 12 state the Customer's sole remedies, and the sole liability of the Supplier, arising out of any defect in the equipment supplied.
Appears in 1 contract
Samples: Terms and Conditions Agreement
Limited Equipment Warranty. The Supplier warrants that during the Warranty Period, all Equipment provided:
(a) will be free from defects in materials and workmanship, and
(b) will substantially conform to the Supplier's specifications for such Equipment (the "Limited Warranty"). This Limited Warranty does not extend to the following events unless Supplier has caused or contributed to such failures:
(i) any failure in the Equipment due to accident, abuse, misuse or negligent use of the Equipment;
(ii) any failure resulting from use in other than a normal and customary manner under normal environmental conditions and conforming to the Equipment's instructions;
(iii) any failure in the Equipment caused by failing to follow prescribed operating maintenance procedures;
(iv) any failure in the Equipment due to modifications, alterations, additions or changes to the Equipment not made or authorised to be made by the Supplier; or
(v) damage caused by force of nature, external causes, or act of any third party (other than the Supplier or its duly authorised representative). This Limited Warranty shall be void and of no force or effect if any Equipment is installed or serviced by any party other than the Supplier or a thirdparty (including the Customer) authorised and certified by the Supplier to perform such services:
(A) the Customer will notify the Supplier in writing via email to xxxxxxx@xxxxxxxxxxxx.xxx xxxxxxx@xxxxxxxxxxxxx.xxx.xx of any Equipment with defects the Customer believes to be covered by the Limited Warranty. Upon receipt of such written notice, the Supplier will first attempt to resolve the defect remotely. In the event such remote troubleshooting fails to cure the defect, and provided the defect complained of is covered by the Limited Warranty, the Supplier shall issue a Returned Material Authorisation ("RMA") number to the Customer.
(B) upon issue of the RMA number to the Customer, the Supplier shall ship replacement Equipment to the Customer, and shall include written RMA instructions. The Customer shall promptly return the defective Equipment to the Supplier in accordance with such written RMA instructions.
(C) if the defective Equipment is received by the Supplier within 7 days of the Customer receiving the RMA, and provided the Supplier verifies, in its sole reasonable discretion, that the defect in such Equipment is covered by the Limited Warranty, the Supplier will not charge the Customer any additional charges or fees for the replacement Equipment.
(D) if the replacement Equipment is received after expiration of the Warranty Period, or if the Supplier determines that the defective Equipment is not covered by the Limited Warranty, the Supplier shall charge the Customer, and the Customer shall pay the Supplier, for the replacement Equipment at the Supplier's thencurrent standard prices.
(E) the Customer shall be liable for any shipping and insurance charges incurred in connection with shipment of the defective Equipment or replacement Equipment (as the case may be).
(c) This Clause 3 and Clause 12 state the Customer's sole remedies, and the sole liability of the Supplier, arising out of any defect in the equipment supplied.
Appears in 1 contract
Samples: Terms and Conditions Agreement