Common use of Manufacturing Warranty Clause in Contracts

Manufacturing Warranty. Sony warrants that the units of Licensed Product that are manufactured by Sony for Licensee pursuant to Section 7 of this Agreement shall, at time to delivery to Licensee, be free from defects in material. The sole obligation of Sony under this warranty shall be, for a period of one year from the date of shipment of such discs by Sony to Licensee, at Sony's election, either to replace, to issue credit, or to refund to Licensee the purchase price paid to Sony for any such defective discs. Such warranty is the only warranty applicable to the Licensed Product manufactured by Sony for Licensee pursuant to Section 7 of this Agreement. This warranty shall not apply to damage resulting from accident, alteration, negligence or misuse of the Licensed Products. If, during the aforesaid period, a defective disc is received by Licensee, Licensee shall notify Sony and, upon request by Sony, provide Sony with the returned disc(s) and a written description of the defect claimed. Sony shall not accept the return of any disc(s) except factory defective disc(s) (i.e., those discs that are not free from defects in material), and all such returns must be authorized by Sony in writing and in advance. All discs for which return is authorized will be sent to a place designated by Sony at Sony's expense. If the defect did not arise from causes placing liability on Sony under the above warranty, Licensee shall reimburse Sony for expenses incurred in shipping, processing and analyzing the discs. Sony's judgment as to the origin of the defect shall be final and binding.

Appears in 2 contracts

Samples: Sale and License Agreement (Lightspan Partnership Inc), Sale and License Agreement (Lightspan Partnership Inc)

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Manufacturing Warranty. Sony warrants that the units of Licensed Product that are manufactured by Sony for Licensee pursuant to Section 7 of this Agreement shall, at time to of delivery to Licensee, be free from defects in material[*]. The sole obligation of Sony under this warranty shall be, for a period of one year from [*] the date of shipment of such discs by Sony to Licensee, at Sony's election, either to replace, to issue credit, or to refund to Licensee the purchase price paid to Sony for any such defective discs[*]. Such warranty is the only warranty applicable to the Licensed Product manufactured by Sony for Licensee pursuant to Section 7 of this Agreement. This warranty shall not apply to damage resulting from accident, alteration, negligence or misuse of the Licensed Products. If, during the aforesaid period, a defective disc [*] is received by Licensee, Licensee shall notify Sony and, upon request by Sony, provide Sony with the returned disc(s) and a written description of the defect claimed[*]. Sony shall not accept the return of any disc(s) except factory defective disc(s) [*] (i.e., those discs that are not free from defects in material)[*], and all such returns must be authorized by Sony in writing and in advance. All discs for which return is authorized will be sent to a place designated by Sony at Sony's expense. If the defect did not arise from causes placing liability on Sony under the above warranty, Licensee shall reimburse Sony for expenses incurred in shipping, processing and analyzing the discs. Sony's judgment as to the origin of the defect [*] shall be final and binding.

Appears in 2 contracts

Samples: License Agreement (Interplay Entertainment Corp), License Agreement (Interplay Entertainment Corp)

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Manufacturing Warranty. Sony warrants that the units of Licensed Product that are manufactured by Sony for Licensee pursuant to Section 7 of this Agreement shall, at time to of delivery to Licensee, be free from defects in material. The sole obligation of Sony under this warranty shall be, for a period of one year from the date of shipment of such discs by Sony to Licensee, at Sony's election, either to replace, to issue credit, or to refund to Licensee the purchase price paid to Sony for any such defective discs. Such warranty is the only warranty applicable to the Licensed Product manufactured by Sony for Licensee pursuant to Section 7 of this Agreement. This warranty shall not apply to damage resulting from accident, alteration, negligence or misuse of the Licensed Products. If, during the aforesaid period, a defective disc is received by Licensee, Licensee shall notify Sony and, upon request by Sony, provide Sony with the returned disc(s) and a written description of the defect claimed. Sony shall not accept the return of any disc(s) except factory defective disc(s) (i.e., those discs that are not free from defects in material), and all such returns must be authorized by Sony in writing and in advance. All discs for which return is authorized will be sent to a place designated by Sony at Sony's expense. If the defect did not arise from causes placing liability on Sony under the above warranty, Licensee shall reimburse Sony for expenses incurred in shipping, processing and analyzing the discs. , Sony's judgment as to the origin of the defect shall be final and binding.

Appears in 1 contract

Samples: License Agreement (Acclaim Entertainment Inc)

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