Common use of LIMITED WARRANTY AND REMEDIES Clause in Contracts

LIMITED WARRANTY AND REMEDIES. Unless otherwise set forth in the Agreement, Seller warrants for a period of one (1) year from the date of delivery to Buyer that the Product will be free from defects in material and workmanship and will conform to the applicable specifications as stipulated in the Agreement. In the event that the Product(s) is non-conforming with the foregoing warranty, as determined by Seller, Seller’s sole liability to Buyer and Buyer’s sole remedy under this warranty is limited to, at Seller’s option, the repair or replacement of the non-conforming Product(s), Seller’s re-performance of services, or a refund of the purchase price. For clarity, in the event that Seller chooses to repair or replace the non-conforming Product(s), any transportation, travel time, overtime, expedited shipping or other costs beyond the necessary parts and labor shall be the responsibility of the Buyer and shall be invoiced separately by Seller. THE WARRANTIES SPECIFIED IN THIS SECTION 6 ARE EXCLUSIVE AND ARE GIVEN AND ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE REMEDIES OF THE BUYER SHALL BE LIMITED TO THOSE PROVIDED HEREIN TO THE EXCLUSION OF ANY AND ALL OTHER REMEDIES. NO AGREEMENT VARYING OR EXTENDING THE FOREGOING WARRANTIES, REMEDIES OR THIS LIMITATION WILL BE BINDING UPON SELLER UNLESS IN WRITING AND SIGNED BY A DULY AUTHORIZED OFFICER OF SELLER.

LIMITED WARRANTY AND REMEDIES. Unless otherwise set forth in the Agreement, Seller Value Plastics warrants for a period of one (1) year from the date of delivery to Buyer that the Product will Products shall be free from defects in material materials and workmanship workmanship. Any claims for breach of the foregoing warranty shall only be valid if Buyer makes such claim within sixty (60) days of the date of shipment of the Product to which the claim relates, or such shorter period specified on a quote, if any, by notifying Value Plastics Sales Department in writing and will conform obtaining a Return Material Authorization Number for the return of the Products (which is to be referenced on all return shipping documents). Buyer’s exclusive remedy and Value Plastics’ sole liability for any breach of the applicable specifications as stipulated in foregoing warranty shall be for Value Plastics, at Value Plastics’ sole option, to repair, replace or modify the Agreementdefective Product, or refund to Buyer the purchase price paid by Buyer for the defective Product. The warranty service shall be performed at Value Plastics’ factory. In order to receive the event warranty service, Buyer must return the defective Product within 30 days of notification from Buyer hereunder. All warranty claims will be handled pursuant to Value Plastics’ standard RMA procedures. If Value Plastics determines that the Product(s) is non-conforming with the foregoing warrantyoriginal Products were not defective, as determined by SellerBuyer shall reimburse Value Plastics all costs of handling, Seller’s sole liability to Buyer transportation and Buyer’s sole remedy repairs at Value Plastics’ prevailing rates. All defective Products returned under this warranty is limited to, at Seller’s option, the repair which are replaced or replacement of the non-conforming Product(s), Seller’s re-performance of services, or for which a refund of the purchase price. For clarity, in the event that Seller chooses is given to repair or replace the non-conforming Product(s), any transportation, travel time, overtime, expedited shipping or other costs beyond the necessary parts and labor Buyer shall be the responsibility of the Buyer and shall be invoiced separately by Sellerbecome Value Plastics property. THE WARRANTIES SPECIFIED WARRANTY SET FORTH IN THIS SECTION 6 ARE EXCLUSIVE AND ARE GIVEN AND ACCEPTED 10 IS IN LIEU OF ANY AND ALL OTHER WARRANTIESWARRANTIES AND VALUE PLASTICS HEREBY EXPRESSLY DISCLAIMS ALL OTHER WAR- RANTIES, EXPRESSED EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENTUSE. THE REMEDIES OF THE BUYER SHALL BE LIMITED TO THOSE PROVIDED HEREIN TO THE EXCLUSION OF ANY AND ALL OTHER REMEDIESAny repair or attempt to repair Products by anyone other than an authorized representative of Value Plastics automatically voids any warranty on those Products. NO AGREEMENT VARYING OR EXTENDING THE FOREGOING WARRANTIES, REMEDIES OR THIS LIMITATION WILL BE BINDING UPON SELLER UNLESS IN WRITING AND SIGNED BY A DULY AUTHORIZED OFFICER OF SELLERValue Plastics’ parts are not intended for human implantation or use in aircraft applications. Buyer may request free samples for testing and evaluation.

LIMITED WARRANTY AND REMEDIES. Unless otherwise set forth in the Agreement, Seller Coala Life warrants for a period of one (1) year from the date of delivery to Buyer you that the Licensed Product will materially conform to published specifications and be free from defects in material materials, at the time that Coala Life ships the Licensed Product. Commencing upon the expiration of the Trial Period and workmanship continuing for twelve (12) months (the “Warranty Period”), Coala Life warrants solely to you that the Licensed Product shall perform the functions set forth in the Documentation existing on the Effective Date. If failure occurs during Warranty Period, you must notify Coala Life within four (4) weeks of the failure. Coala Life, at its sole option and will expense, shall use commercially reasonable efforts to promptly correct any failure of the Licensed Product to perform in accordance with the foregoing limited warranty if the failure is reported during the Warranty Period. If Coala Life is unable, after using commercially reasonable efforts, to correct the failure of the Licensed Product to perform in accordance with the foregoing limited warranty, your sole and exclusive remedy shall be to terminate this Agreement and receive a refund of the payments actually received by Coala Life from you for the applicable Licensed Product during the monthly periods in which Coala Life was in breach of the foregoing limited warranty after you provided notice to Coala Life of your warranty claim. Coala Life shall have no obligation to make corrections, repairs, or replacements which result, in whole or in part, from your fault or negligence, or use of the Licensed Product in a manner not specified in the applicable Documentation. This Limited Warranty shall be void if the Licensed Product has been misused, neglected, improperly handled, altered, abused or used for any purpose other than the one for which it was manufactured or if the Licensed Product’s failure to conform to the Limited Warranty was due in whole or in part to conditions beyond the control of Coala Life. This Limited Warranty shall also be void, and Coala Life assumes no liability, with respect to the Licensed Product being altered in anyway or otherwise not used consistent with applicable specifications as stipulated in the AgreementProduct Instruction for Use. This Limited Warranty does not cover normal wear and tear. See Subscription Services and Purchase Terms sections for software and hardware specific coverage terms. In the event that Coala Life determines that a problem under investigation by Coala Life is not the Product(s) result of the Licensed Product, you may, at the discretion of Coala Life, be required to reimburse Coala Life for any costs which Coala Life has incurred as a result of investigating and correcting the problem, plus any service charges based on Coala Life’s then-current rates. See Purchase Term Section. Third party Software is nonwarranted only to the extent warranted to you by the third-conforming with party manufacturer. This Limited Warranty does not apply to any mobile device or the foregoing warrantycellular and/or other network or system on which the Licensed Product operates. Therefore, as determined by Seller, Seller’s sole liability to Buyer and Buyer’s sole remedy Coala Life will not accept any responsibility under this warranty is limited toLimited Warranty for the operation, at Seller’s optionavailability, the repair coverage, services or replacement range of the non-conforming Product(s), Seller’s re-performance of services, or a refund of the purchase price. For clarity, in the event that Seller chooses to repair or replace the non-conforming Product(s), any transportation, travel time, overtime, expedited shipping cellular or other costs beyond the necessary parts and labor shall be the responsibility of the Buyer and shall be invoiced separately by Seller. THE WARRANTIES SPECIFIED IN THIS SECTION 6 ARE EXCLUSIVE AND ARE GIVEN AND ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE REMEDIES OF THE BUYER SHALL BE LIMITED TO THOSE PROVIDED HEREIN TO THE EXCLUSION OF ANY AND ALL OTHER REMEDIES. NO AGREEMENT VARYING OR EXTENDING THE FOREGOING WARRANTIES, REMEDIES OR THIS LIMITATION WILL BE BINDING UPON SELLER UNLESS IN WRITING AND SIGNED BY A DULY AUTHORIZED OFFICER OF SELLERnetwork system.

LIMITED WARRANTY AND REMEDIES. Unless otherwise set forth in Subject to the Agreementterms of Section 17 below, Seller Norwia AS warrants for a period of one (1) year from to the date of delivery original purchaser the products hereunder to Buyer that the Product will be free from defects in material and workmanship upon delivery. If such products are not as warranted and will conform Buyer notifies Norwia AS during the warranty period applicable to the applicable specifications as stipulated in the Agreement. In the event that the Product(s) is non-conforming with the foregoing warrantyproducts sold hereunder, as determined by Seller, Seller’s sole liability to Buyer and Buyer’s sole remedy under this warranty is limited toNorwia AS will, at Seller’s its option, repair, replace or refund the repair or replacement purchase price of any products that prove defective within the warranty period. The warranty period shall be three (3) years, on most products, except as noted in section 17 below, from the date of shipment of the non-conforming Product(s)product or such different period specified on the Norwia AS quotation or sales order applicable to such product. REPAIR OR REPLACEMENT OF THESE PRODUCTS OR REFUND OF THE PURCHASE PRICE AS PROVIDED UNDER THIS WARRANTY, Seller’s re-performance IS THE BUYER’S EXCLUSIVE REMEDY. This exclusive remedy will not be deemed to have failed of services, or a refund of the purchase price. For clarity, in the event that Seller chooses its essential purpose as long as Norwia AS is willing and able to repair or replace any defective product, or refund the non-conforming Product(s)purchase price, any transportation, travel time, overtime, expedited shipping or other costs beyond in the necessary parts and labor shall be the responsibility of the Buyer and shall be invoiced separately by Sellerprescribed manner. THE WARRANTIES SPECIFIED IN THIS SECTION 6 ARE EXCLUSIVE AND ARE GIVEN AND ACCEPTED WARRANTY IS IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, INCLUDINGSTATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENTUSE. THE REMEDIES OF THE BUYER SHALL BE LIMITED TO THOSE PROVIDED HEREIN TO THE EXCLUSION OF ANY AND ALL OTHER REMEDIESNorwia AS makes no other warranties of any kind and any repair or attempt to repair goods by anyone other than an authorized representative of Norwia AS automatically voids any warranty on those goods. NO AGREEMENT VARYING OR EXTENDING THE FOREGOING WARRANTIES, REMEDIES OR THIS LIMITATION WILL BE BINDING UPON SELLER UNLESS IN WRITING AND SIGNED BY A DULY AUTHORIZED OFFICER OF SELLERWarranty is also void if goods are misused or abused. Any oral or written statement concerning goods inconsistent with the warranty contained herein shall be of no force or effect.

LIMITED WARRANTY AND REMEDIES. Unless Except as otherwise set forth in the Agreementspecified herein, Seller warrants for a period of one the Products and Services purchased by Buyer from Seller shall (1i) year from the date of delivery to Buyer that the Product will be free from defects in material and workmanship workmanship; and will conform to the applicable specifications as stipulated (ii) perform in the Agreementmanner and under the conditions specified in the relevant purchase order, for a period of twelve (12) months from date of shipment (the “Warranty Period”) without regard to whether any claimed defects were discoverable or latent on the date of shipment. In During the event that Warranty Period, Seller shall repair or replace the Product(s) is non-conforming with the foregoing warranty, as determined by Seller, Product at Seller’s sole liability to Buyer option. Such repair or replacement shall be Seller’s sole obligation and Buyer’s sole remedy under this warranty is limited tohereunder, and shall be conditioned upon Seller receiving written notice of such claimed defect within ten (10) days after its discovery and, at Seller’s option, the repair or replacement return of the non-conforming Product(s)Product and any accessories packaged with the Product to Seller, F.O.B. Seller’s re-performance facility, per Section 11. The foregoing limited warranty shall be void and of servicesno effect if: (a) anyone other than Seller or a person acting on Seller’s express or written instructions, makes or attempts to make any modifications, repairs, attachments or additions to the Product; (b) the Product is not maintained or operated in accordance with Seller’s instructions, or a refund has been subjected to misuse, abnormal conditions or negligent handling or operation, including damage caused by electro-static discharge; (c) the Product is resold, leased or rented to or for the use by any person other than the original Buyer; or (d) Buyer fails to make complete payment to Seller. The accessories packaged with the Product only have such warranties (if any) as may be provided by the manufacturer of such accessories and are not warranted by Seller. Any warranty claim related to such accessories must be made directly to the manufacturer of the accessory. If Buyer shall fail to pay when due any portion of the purchase price. For clarityprice or any other payment required from Buyer to Seller under any contract or purchase order or otherwise, in all warranties and remedies granted under this Section 13 may, at Seller’s sole discretion, be terminated as to the event that Seller chooses to repair or replace the non-conforming Product(s), any transportation, travel time, overtime, expedited shipping or other costs beyond the necessary parts and labor shall be the responsibility of the Buyer and shall be invoiced separately by Seller. THE WARRANTIES SPECIFIED IN THIS SECTION 6 ARE EXCLUSIVE AND ARE GIVEN AND ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE REMEDIES OF THE BUYER SHALL BE LIMITED TO THOSE PROVIDED HEREIN TO THE EXCLUSION OF ANY AND ALL OTHER REMEDIES. NO AGREEMENT VARYING OR EXTENDING THE FOREGOING WARRANTIES, REMEDIES OR THIS LIMITATION WILL BE BINDING UPON SELLER UNLESS IN WRITING AND SIGNED BY A DULY AUTHORIZED OFFICER OF SELLER.specific Products not paid for

LIMITED WARRANTY AND REMEDIES. Unless otherwise set forth in the Agreement, Seller Coala Life warrants for a period of one (1) year from the date of delivery to Buyer you that the Licensed Product will materially conform to published specifications and be free from defects in material materials, at the time that Coala Life ships the Licensed Product. Commencing upon the expiration of the Trial Period and workmanship continuing for twelve (12) months (the “Warranty Period”), Coala Life warrants solely to you that the Licensed Product shall perform the functions set forth in the Documentation existing on the Effective Date. If failure occurs during Warranty Period, you must notify Coala Life within two (2) weeks of the failure. Coala Life, at its sole option and will expense, shall use commercially reasonable efforts to promptly correct any failure of the Licensed Product to perform in accordance with the foregoing limited warranty if the failure is reported during the Warranty Period. If Coala Life is unable, after using commercially reasonable efforts, to correct the failure of the Licensed Product to perform in accordance with the foregoing limited warranty, your sole and exclusive remedy shall be to terminate this Agreement and receive a refund of the payments actually received by Coala Life from you for the applicable Licensed Product during the monthly periods in which Coala Life was in breach of the foregoing limited warranty after you provided notice to Coala Life of your warranty claim. Coala Life shall have no obligation to make corrections, repairs, or replacements which result, in whole or in part, from your fault or negligence, or use of the Licensed Product in a manner not specified in the applicable Documentation. This Limited Warranty shall be void if the Licensed Product has been misused, neglected, improperly handled, altered, abused or used for any purpose other than the one for which it was manufactured or if the Licensed Product’s failure to conform to the Limited Warranty was due in whole or in part to conditions beyond the control of Coala Life. This Limited Warranty shall also be void, and Coala Life assumes no liability, with respect to the Licensed Product being altered in anyway or otherwise not used consistent with applicable specifications as stipulated in the AgreementProduct Instruction for Use. This Limited Warranty does not cover normal wear and tear. See Subscription Services and Purchase Terms sections for software and hardware specific coverage terms. In the event that Coala Life determines that a problem under investigation by Coala Life is not the Product(s) result of the Licensed Product, you may, at the discretion of Coala Life, be required to reimburse Coala Life for any costs which Coala Life has incurred as a result of investigating and correcting the problem, plus any service charges based on Coala Life’s then-current rates. See Purchase Term Section. Third party Software is nonwarranted only to the extent warranted to you by the third-conforming with party manufacturer. This Limited Warranty does not apply to any mobile device or the foregoing warrantycellular and/or other network or system on which the Licensed Product operates. Therefore, as determined by Seller, Seller’s sole liability to Buyer and Buyer’s sole remedy Coala Life will not accept any responsibility under this warranty is limited toLimited Warranty for the operation, at Seller’s optionavailability, the repair coverage, services or replacement range of the non-conforming Product(s), Seller’s re-performance of services, or a refund of the purchase price. For clarity, in the event that Seller chooses to repair or replace the non-conforming Product(s), any transportation, travel time, overtime, expedited shipping cellular or other costs beyond the necessary parts and labor shall be the responsibility of the Buyer and shall be invoiced separately by Seller. THE WARRANTIES SPECIFIED IN THIS SECTION 6 ARE EXCLUSIVE AND ARE GIVEN AND ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE REMEDIES OF THE BUYER SHALL BE LIMITED TO THOSE PROVIDED HEREIN TO THE EXCLUSION OF ANY AND ALL OTHER REMEDIES. NO AGREEMENT VARYING OR EXTENDING THE FOREGOING WARRANTIES, REMEDIES OR THIS LIMITATION WILL BE BINDING UPON SELLER UNLESS IN WRITING AND SIGNED BY A DULY AUTHORIZED OFFICER OF SELLERnetwork system.

LIMITED WARRANTY AND REMEDIES. Unless otherwise set forth in the Agreement, Seller Scienstry warrants for a period of one (1) year from the date of delivery to Buyer that the Product will Products shall be free from defects in material materials and workmanship and will conform to the applicable specifications as stipulated in the Agreementupon delivery. In the event that the Product(s) is non-conforming with Any claims for breach of the foregoing warrantywarranty shall only be valid if Buyer makes such claim within 60 days of the date of shipment of the Product to which the claim relates, as determined or such shorter period specified on the quote, by Seller, Sellernotifying Scienstry in writing and obtaining a Return Authorization Number for the return of the Products (which is to be referenced on all return shipping documents). Buyer’s exclusive remedy and Scienstry’s sole liability for any breach of the foregoing warranty shall be for Scienstry, at Scienstry’s sole option, to repair, replace or modify the defective Product, or refund to Buyer the purchase price paid by Buyer for the defective Product. The warranty service shall be performed at Scienstry’s factory. In order to receive the warranty service, Buyer must return the defective Product within 30 days of notification from Buyer hereunder. All warranty claims will be handled pursuant to Scienstry’s standard RMA procedures. If Scienstry determines that the original Products were not defective, Buyer shall reimburse Scienstry all costs of handling, transportation and Buyerrepairs at’ Scienstry’s sole remedy prevailing rates. All defective Products returned under this warranty is limited to, at Seller’s option, the repair which are replaced or replacement of the non-conforming Product(s), Seller’s re-performance of services, or for which a refund of the purchase price. For clarity, in the event that Seller chooses is given to repair or replace the non-conforming Product(s), any transportation, travel time, overtime, expedited shipping or other costs beyond the necessary parts and labor Buyer shall be the responsibility of the Buyer and shall be invoiced separately by Sellerbecome Scienstry’s property. THE WARRANTIES SPECIFIED WARRANTY SET FORTH IN THIS SECTION 6 ARE EXCLUSIVE AND ARE GIVEN AND ACCEPTED 9 IS IN LIEU OF ANY ALL OTHER WARRANTIES AND SCIENSTRY HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENTUSE. THE REMEDIES OF THE BUYER SHALL BE LIMITED TO THOSE PROVIDED HEREIN TO THE EXCLUSION OF ANY AND ALL OTHER REMEDIES. NO AGREEMENT VARYING OR EXTENDING THE FOREGOING WARRANTIES, REMEDIES OR THIS LIMITATION WILL BE BINDING UPON SELLER UNLESS IN WRITING AND SIGNED BY A DULY AUTHORIZED OFFICER OF SELLERAny modification or repair or attempt to repair Products by anyone other than an authorized representative of Scienstry automatically voids any warranty on those Products.