Limited Warranty Remedies. 4.1 If the Owner submits a timely and eligible claim under the Limited Product Workmanship Warranty or the Limited Power Output Warranty set forth above, Panasonic USA will provide one of the following remedies in its sole discretion: (1) an additional new or refurbished Product, (2) repair and replace the Product, or (3) a provide a refund to Owner in limited circumstances only in accordance with Section 4-2 below.
Limited Warranty Remedies. Panasonic, at is sole discretion, will take one of following remedies
Limited Warranty Remedies. Unless otherwise set forth below, or otherwise provided in an applicable Proposal, a defective or nonconforming Product or part thereof will be repaired or, at Seller’s option, replaced free of charge, FCA, if a warranty claim with regard to such defective or nonconforming part is made within twelve (12) months from the date of shipment (the “Limited Warranty”). Unless provided in an applicable Proposal, Seller does not warrant any Product beyond this twelve (12) month period (the “Limited Warranty Period”). The Limited Warranty does not cover or extend to: (a) any Product that has a life, under rated and normal usage, inherently shorter than the applicable warranty period (e.g., perishable tooling) or consumables, including without limitation, coolant, cryogenic seals, bulbs, filters, fuses, inserts, or recommended spare Parts or (b) normal adjustments or calibration, or the failures arising from Customer’s failure to perform adjustments or calibrations; or (c) defect or nonconformance resulting from Customer’s use of any Product in a manner that is inconsistent with Seller’s documentation for such Product or is outside of Seller’s anticipated use of such Product. Seller may condition warranty replacement upon return of any defective or nonconforming Product or Part. Customer shall pay the then-current list price for any replacement Parts unless the defective or nonconforming Part is returned to Seller within thirty (30) days of receipt of the replacement Part. Seller reserves the right to deny a warranty claim if the Customer denies the Seller access to the information reasonably requested by Seller related to the defective or nonconforming Product or Part.
Limited Warranty Remedies. Customer's exclusive remedy with respect to any breach of the express warranties set forth in Section 7.1 shall be limited to, at CMC's option, (a) the repair or correction of any defective or nonconforming Licensed Program, or (b) the replacement of any defective or nonconforming Licensed Program. CMC shall have no obligation to make corrections, repairs or replacements for any material non-conformity or defect which results, in whole or in part, from (i) any force majeure event (as described below in Section 13.7) related to Customer, (ii) the fault or negligence of Customer, (iii) use of the Licensed Program in a manner for which it was not designed, including, without limitation, use of the Licensed Program with computer hardware and/ software other than the Supported Systems, (iv) modifications of the Licensed Program by anyone other than authorized employees or agents of CMC, (v) causes external to the Licensed Program such as, but not limited to, power failure or electrical power surges, (vi) the interaction of the Licensed Program with software not provided by CMC, or (vii) Customer's failure to install any update provided by CMC which would have avoided the defect. CMC shall not be obligated to correct, cure, or otherwise remedy any such nonconformity or defect in the Licensed Program if Customer has not reported to CMC the existence and nature of such nonconformity or defect within thirty (30) days following discovery thereof. Notwithstanding anything to the contrary in this Agreement, CMC reserves the right at its sole discretion, at any to time, to supersede versions of the Licensed Program with newer versions which may add, modify, or replace specific features or characteristics of earlier versions. Customer shall agree to accept, install and use such replacements, which versions shall also be deemed warranty replacements for purposes of this Section 8.1-
Limited Warranty Remedies. 10.1. Licensor warrants that the Software will perform substantially in accordance with the accompanying Documentation for a period of ninety (90) days from the date of Licensee’s receipt (“Initial Warranty Period”). Licensee must immediately report any nonconformance to Licensor in writing during the Warranty Period. Any implied warranties that cannot be disclaimed by contract are hereby limited to the Initial Warranty Period. Licensee’s exclusive remedy for any breach of the foregoing limited warranty shall be, at Licensor’s option, either for Licensor to modify, correct, or replace the Software or, if Licensor is unable to provide a reasonable replacement or work-around for the reported nonconformance, Licensor will accept the return of the defective Software and terminate this Agreement. Licensor will refund the License Fee received by Licensor for such Software. This warranty shall not apply to any Software which has been modified by Licensee or by any party other than Licensor or which has been improperly installed or used in any manner other than as authorized under this Agreement.
Limited Warranty Remedies a. SANYO may repair or replace the Product with new or refurbished Product; or
Limited Warranty Remedies a. PANASONIC may repair or replace the Product with new or refurbished Product; or
Limited Warranty Remedies. With the exception of Certified Pre-Owned or demonstration (“demo”) equipment for which only a six (6) month warranty is applicable, the Company warrants that equipment sold shall be free from defects in materials and workmanship for a period of twelve (12) months after delivery (“Limited Warranty”). THE FOREGOING IS THE SOLE WARRANTY AND EXCLUSIVE REMEDY PROVIDED, AND THE COMPANY HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The sole and exclusive remedy related to the Limited Warranty shall be for repair or refurbishment of the equipment at Company’s principal place of business in Arlington, Washington or its service facility in Port Saint Lucie, Florida. Customer acknowledges that with respect to any Limited Warranty claim, Customer must give Company written notice of such claim within five (5) business days of discovery, or the Limited Warranty shall be void. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY COSTS OR DAMAGES, INCLUDING WITHOUT LIMITATION, COMPENSATION FOR LOSS OF USE OF THE EQUIPMENT DURING THE LIMITED WARRANTY REPAIR WINDOW. Customer further acknowledges that the foregoing Limited Warranty is contingent on the following: (a) Customer must maintain the equipment as specified by the Company in any manuals pertaining to the equipment and/or other correspondence directed to Customer by the Company; (b) Customer agrees to operate/use the equipment in its intended manner and only for its intended purpose; and (c) Customer, its employees, agents and contractors shall not cause damage to the equipment through their negligent use, operation or storage of the equipment. In the event that Customer fails to comply with (a), (b) or (c), then the Limited Warranty provided herein shall be inapplicable and automatically voided. Any repairs or replacement of parts outside of the Limited Warranty shall be at Customer’s sole cost and expense. Customer acknowledges that some equipment is manufactured with a system that provides automatic notifications regarding recommended service and maintenance, and that the notifications cannot be disabled.
Limited Warranty Remedies. Arvio and its supplier’s entire liability and the Customer’s exclusive remedy shall be, at Xxxxx’x discretion if it determines the Product to be defective in materials or workmanship under the terms of this Limited Warranty, either (a) return of the price paid for the Product, or (b) repair or replacement of the Product that does not meet this Limited Warranty with new or refurbished equivalent device, and which is returned to Arvio with a copy of Customer’s receipt. All parts or faulty product that have been replaced or exchanged become the property of Arvio.
Limited Warranty Remedies. Company warrants that (a) the Equipment sold shall be free from defects in materials and workmanship for a period of twelve (12) months after delivery; and (b) Services rendered shall be performed consistent with generally accepted industry standards and shall be warranted for period of six (6) months from the date of performance of the Services; provided, however, that the Company-certified “pre-owned” and/or demonstration Equipment have a limited warranty period of six