Common use of Parts; Warranty Disclaimer for Parts Clause in Contracts

Parts; Warranty Disclaimer for Parts. ZEISS will provide all replacement parts necessary to repair, and, if Planned Maintenance Services are provided under this Agreement as described in Section 1.5 below, maintain the Equipment, with the exception of those parts listed in “Exclusions from Services” under Section 2 below. Replacement parts will be either new or certified refurbished parts, which in ZEISS’s judgment, are of equal performance capability and quality to new parts. All parts will be furnished on an “exchange basis” and any replaced parts shall become the sole property of ZEISS. If ZEISS, at its sole discretion, replaces any parts or Equipment with new or certified refurbished parts or Equipment, any replaced parts or Equipment shall become the sole property of ZEISS. ALL PARTS OR EQUIPMENT PROVIDED BY ZEISS UNDER THIS AGREEMENT ARE FURNISHED ON AN “AS IS” BASIS, AND ZEISS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. This warranty disclaimer does not affect any Equipment warranties available to Customer under any Equipment purchase agreement(s) for ZEISS Equipment purchased by Customer from ZEISS, or under any other Equipment purchase agreement(s) for non-ZEISS Equipment on which Services are provided under this Agreement.

Appears in 2 contracts

Samples: Terms and Conditions of Service, Terms and Conditions of Service

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Parts; Warranty Disclaimer for Parts. ZEISS will provide all replacement parts necessary to repair, and, if Planned Maintenance Services are provided under this Agreement as described in Section 1.5 6 below, maintain the Equipment, with the exception of those parts listed in “Exclusions from Services” under Section 2 below. Replacement parts will be either new or certified refurbished parts, which in ZEISS’s judgment, are of equal performance capability and quality to new parts. All parts will be furnished on an “exchange basis” and any replaced parts shall become the sole property of ZEISS. If ZEISS, at its sole discretion, replaces any parts or Equipment with new or certified refurbished parts or Equipment, any replaced parts or Equipment shall become the sole property of ZEISS. ALL PARTS OR EQUIPMENT PROVIDED BY ZEISS UNDER THIS AGREEMENT ARE FURNISHED ON AN “AS IS” BASIS, AND ZEISS XXXXX MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. This warranty disclaimer does not affect any Equipment warranties available to Customer under any Equipment purchase agreement(s) for ZEISS Equipment purchased by Customer from ZEISS, or under any other Equipment purchase agreement(s) for non-ZEISS Equipment on which Services are provided under this Agreement.

Appears in 1 contract

Samples: Terms and Conditions of Service

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Parts; Warranty Disclaimer for Parts. ZEISS will provide all replacement parts necessary to repair, and, if Planned Maintenance Services are provided under this Agreement as described in Section 1.5 6 below, maintain the Equipment, with the exception of those parts listed in “Exclusions from Services” under Section 2 below. Replacement parts will be either new or certified refurbished parts, which in ZEISS’s judgment, are of equal performance capability and quality to new parts. All parts will be furnished on an “exchange basis” and any replaced parts shall become the sole property of ZEISS. If ZEISS, at its sole discretion, replaces any parts or Equipment with new or certified refurbished parts or Equipment, any replaced parts or Equipment shall become the sole property of ZEISS. ALL PARTS OR EQUIPMENT PROVIDED BY ZEISS UNDER THIS AGREEMENT ARE FURNISHED ON AN “AS IS” BASIS, AND ZEISS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. This warranty disclaimer does not affect any Equipment warranties available to Customer under any Equipment purchase agreement(s) for ZEISS Equipment purchased by Customer from ZEISS, or under any other Equipment purchase agreement(s) for non-ZEISS Equipment on which Services are provided under this Agreement.

Appears in 1 contract

Samples: Terms and Conditions of Service

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