Common use of OEM Warranty Clause in Contracts

OEM Warranty. Any standard warranties provided by the original equipment manufacturer (“OEM”) of the Purchased Equipment are, to the fullest extent permitted by the OEM, passed through to Company at no additional cost to Company; and the OEM (and not Elavon) will be responsible for honoring any such OEM warranty. With respect to any POS Device purchased from Elavon, Elavon and/or its equipment vendor will facilitate the OEM warranty service as follows: Prior to returning any POS Device under an OEM warranty, Company must first obtain a return merchandise authorization number (“RMA Number”) from Elavon. Company must then ship such POS Device to Elavon’s equipment vendor at the address provided by Elavon, with reference to the RMA Number. Elavon’s equipment vendor will either handle the OEM warranty issue itself or ship the POS Device to the OEM for further handling. Upon Elavon’s equipment vendor either handling the warranty issue itself or receiving a repaired or replacement POS Device from the OEM, Elavon’s equipment vendor will ship the repaired or replacement POS Device to Company. Company will bear the risk of loss of any returned POS Device until the time of delivery to Elavon’s equipment vendor with proper reference to the RMA Number. For any repaired or replacement POS Device shipped to Company, the risk of loss will transfer to Company at the time of delivery to Company. In all cases, Company will be responsible for all shipping and handling costs associated with such OEM warranty service, including reimbursing Elavon for any shipping and handling costs paid by Elavon on Company’s behalf. If Company has selected additional warranty options for POS Devices purchased from Elavon, as indicated on the Enrollment Form, the following terms will apply, as applicable, limited only to such POS Devices purchased from Elavon (and specifically excluding any other peripheral equipment purchased from Elavon and all equipment purchased from a third party):

OEM Warranty. Any standard warranties provided by the original equipment manufacturer (“OEM”) of the Purchased Equipment are, to the fullest extent permitted by the OEM, passed through to Company Customer at no additional cost to CompanyCustomer; and the OEM (and not Elavon) will shall be responsible for honoring any such OEM warranty. With respect to any POS Device purchased from Elavon, Elavon and/or its equipment vendor will facilitate the OEM warranty service as follows: Prior to returning any POS Device under an OEM warranty, Company Customer must first obtain a return merchandise authorization number (“RMA Number”) from Elavon. Company Customer must then ship such POS Device to Elavon’s equipment vendor at the address provided by Elavon, with reference to the RMA Number. Elavon’s equipment vendor will either handle the OEM warranty issue itself or ship the POS Device to the OEM for further handling. Upon Elavon’s equipment vendor either handling the warranty issue itself or receiving a repaired or replacement POS Device from the OEM, Elavon’s equipment vendor will ship the repaired or replacement POS Device to CompanyCustomer. Company Customer will bear the risk of loss of any returned POS Device until the time of delivery to Elavon’s equipment vendor with proper reference to the RMA Number. For any repaired or replacement POS Device shipped to CompanyCustomer, the risk of loss will transfer to Company Customer at the time of delivery to CompanyCustomer. In all cases, Company will Customer shall be responsible for all shipping and handling costs associated with such OEM warranty service, including reimbursing Elavon for any shipping and handling costs paid by Elavon on CompanyCustomer’s behalf. If Company Customer has selected additional warranty options for POS Devices purchased from Elavon, as indicated on the Enrollment Form, the following terms will shall apply, as applicable, limited only to such POS Devices purchased from Elavon (and specifically excluding any other peripheral equipment purchased from Elavon and all equipment purchased from a third party):

OEM Warranty. Any standard warranties provided by the original equipment manufacturer (“OEM”) of the Purchased Equipment are, to the fullest extent permitted by the OEM, passed through to Company at no additional cost to Company; and the OEM (and not Elavon) will be responsible for honoring any such OEM warranty. With respect to any POS Device purchased from Elavon, Elavon and/or its equipment vendor will facilitate the OEM warranty service as follows: Prior to returning any POS Device under an OEM warranty, Company must first obtain a return merchandise authorization number (“RMA Number”) from Elavon. Company must then ship such POS Device to Elavon’s equipment vendor at the address provided by ElavonXxxxxx, with reference to the RMA Number. Elavon’s equipment vendor will either handle the OEM warranty issue itself or ship the POS Device to the OEM for further handling. Upon ElavonXxxxxx’s equipment vendor either handling the warranty issue itself or receiving a repaired or replacement POS Device from the OEM, Elavon’s equipment vendor will ship the repaired or replacement POS Device to Company. Company will bear the risk of loss of any returned POS Device until the time of delivery to ElavonXxxxxx’s equipment vendor with proper reference to the RMA Number. For any repaired or replacement POS Device shipped to Company, the risk of loss will transfer to Company at the time of delivery to Company. In all cases, Company will be responsible for all shipping and handling costs associated with such OEM warranty service, including reimbursing Elavon for any shipping and handling costs paid by Elavon on Company’s behalf. If Company has selected additional warranty options for POS Devices purchased from Elavon, as indicated on the Enrollment Form, the following terms will apply, as applicable, limited only to such POS Devices purchased from Elavon (and specifically excluding any other peripheral equipment purchased from Elavon and all equipment purchased from a third party):