Common use of Manufacturer Warranties Clause in Contracts

Manufacturer Warranties. Supplier shall assign to Purchaser all manufacturer’s warranties for Goods not manufactured by or for Supplier, and shall take all necessary steps as required by such third party manufacturers to effect assignment of such warranties to Purchaser. In the event of breach of any of the warranties listed above and without prejudice to any other right or remedy available to Purchaser (including Purchaser’s indemnification rights hereunder), Supplier will, at Purchaser’s option and Supplier’s expense, refund the purchase price for, or correct or replace the affected Goods, or re-perform the affected Services, within 7 (five) day(s) after notice by Purchaser to Supplier of warranty breach. All associated costs, including costs of re-performance, costs to inspect the Goods and/or Services, transport the Goods from Purchaser to Supplier, and return shipment to Purchaser, and costs resulting from supply chain interruptions, will be borne by Supplier. If Goods are corrected or replaced or Services are re-performed, the warranties in this Agreement will continue as to the corrected or replaced Goods for a further Goods warranty period commencing on the date of Acceptance of the corrected or replaced Goods by Purchaser. If Supplier fails to repair or replace the Goods or perform the Services within the time periods required above, Purchaser may contract a third party supplier to; repair or replace the Goods or to perform the Services, at Supplier’s expense. In the event that any Goods provided by Supplier to Purchaser are subject to a claim or allegation of infringement of Intellectual Property Rights of a third party, Supplier shall, at its own option and expense, without prejudice to any other right or remedy of Purchaser (including Purchaser’s indemnification rights hereunder), promptly provide Purchaser with a commercially reasonable alternative, including the procurement for Purchaser of the right to continue using the Goods in question, the replacement of such Goods with a non-infringing alternative satisfactory to Purchaser, or the modification of such Goods (without affecting functionality) to render them non-infringing.

Manufacturer Warranties. Supplier shall assign to Purchaser all manufacturer’s warranties for Goods not manufactured by or for Supplier, Supplier and shall take all necessary steps as required by such third third-party manufacturers to effect assignment of such warranties to Purchaser. In the event of breach of any of the warranties listed above and without prejudice to any other right or remedy available to Purchaser (including Purchaser’s indemnification rights hereunder), Supplier will, at Purchaser’s option and Supplier’s expense, refund the purchase price for, or correct or replace the affected Goods, or re-perform the affected Services, within 7 (five) day(s) after notice by Purchaser to Supplier of warranty breach. All associated costs, including costs of re-performance, costs to inspect the Goods and/or Services, transport the Goods from Purchaser to Supplier, and return shipment to Purchaser, and costs resulting from supply chain interruptions, will be borne by Supplier. If Goods are corrected or replaced or Services are re-performed, the warranties in this Agreement will continue as to the corrected or replaced Goods for a further Goods warranty period commencing on the date of Acceptance of the corrected or replaced Goods by Purchaser. If Supplier fails to repair or replace the Goods or perform the Services within the time periods required above, Purchaser may contract a third third-party supplier to; repair or replace the Goods or to perform the Services, at Supplier’s expense. In the event that any Goods provided by Supplier to Purchaser are subject to a claim or allegation of infringement of Intellectual Property Rights of a third party, Supplier shall, at its own option and expense, without prejudice to any other right or remedy of Purchaser (including Purchaser’s indemnification rights hereunder), promptly provide Purchaser with a commercially reasonable alternative, including the procurement for Purchaser of the right to continue using the Goods in question, the replacement of such Goods with a non-infringing alternative satisfactory to Purchaser, or the modification of such Goods (without affecting functionality) to render them non-infringing.