Product Defects Sample Clauses
POPULAR SAMPLE Copied 31 times
Product Defects. There is no defect in the design, source codes, production or manufacture of the software and/or other products currently manufactured or sold by the Company not correctable and normally encountered in the ordinary course of the Company's business which would or could reasonably be expected to adversely affect the safety, performance or quality of such products. There is no defect in the design, source codes, production or manufacture of the software and/or other products sold by the Company prior to the Closing Date not correctable and normally encountered in the ordinary course of the Company's business which would or could reasonably be expected to adversely affect the safety, performance or quality of such products. Except as set forth on Schedule 4.21, there are no warranties concerning the products sold by the Company either currently or prior to the Closing Date.
Product Defects. If a product is defective and a valid claim is made within the Warranty Period, at its option, USDD will either (1) repair the defective product at no charge, using new parts or parts equivalent to new in performance and reliability or (2) exchange the product with a product that is new or equivalent to new in performance and reliability and is at least functionally equivalent to the original product. Any replacement product or part, including a user-installable part that has been installed in accordance with instructions provided by USDD, shall remain under warranty during the Warranty Period or for 90 days from the date of repair, whichever is later. When a product or part is exchanged, any replacement item becomes the Customer’s property and the replaced item becomes the property of USDD. Customer shall be responsible for and bear all risks and costs of shipping any products to USDD for repair. USDD shall be responsible for and bear all risks and costs of returning any product to Customer after repair or replacement. Replacement products will be returned to Customer configured as it was when the product was originally purchased, subject to applicable updates.
Product Defects. With respect to Licensed Products conceived, developed, manufactured or sold after the Effective Date, CryoCor will have full responsibility for determining that the designs of the Licensed Products and components made by or for CryoCor are manufactured in accordance with customary commercial standards.
Product Defects. The Company has not received any notice or communication from any customer or HC alleging a defect or claim in respect of any products supplied or sold by the Company to a customer and, to the knowledge of the Company, there are no circumstances that would give rise to any reports, recalls, public disclosure, announcements or customer communications that are required to be made by the Company in respect of any products supplied or sold by the Company.
Product Defects. (a) Delivery of any Product by Genetronics to Ethicon shall constitute a certification by Genetronics that the Product conforms to the Specifications. Ethicon shall have 90 days after receipt of a shipment of Products to determine if the Product conforms to the Specifications and to accept or reject any of such Products which fail to conform to the Specifications. Any claims for failure to so conform ("Claims") shall be made by Ethicon in writing to Genetronics, indicating the nonconforming characteristics of the Product.
(b) If Genetronics; agrees with such Claim, then as promptly as possible after the submission of a Claim by Ethicon, Genetronics shall provide Ethicon with a replacement Product(s). Genetronics shall pay for all shipping costs of returning or destroying Products that are the subject of such accepted Claims. Genetronics shall bear the risk of loss for such Products, beginning at such time as they are taken at Ethicon's premises for return delivery.
(c) If Genetronics does not agree with such Claim, then the parties agree to submit the Products in question to an independent party which has the capability of testing the Products to determine whether or not they comply with the Specifications. In the event the parties cannot agree upon such independent party, or in the event it is not possible to acquire the services of such an independent party, then such dispute shall be resolved pursuant to Article 12.
Product Defects. With respect to Licensed Products sold, leased --------------- or manufactured after the Effective Date, * * * will have * * * for determining that the designs of the Licensed Products and components * * * are manufactured in accordance with customary commercial standards.
Product Defects. 17 3.22 DISCLOSURE.................................................17 IV. Representations and Warranties by Buyer and Parent..................17 4.01 ORGANIZATION...............................................17 4.02 AUTHORIZATION..............................................17 4.03
Product Defects. 2.1 If any of the Goods delivered by the Seller to the Buyer is defective, the Seller shall remedy said defect by repair or replacement. If said remedial action fails, then, subject to the provisions on damages in Article VII hereinbelow, the Buyer shall be entitled to any of the remedies provided for by law.
2.2 If any remedial action is taken by the Seller, then the Seller shall bear all costs and expenses occasioned by the removal of said defect such as, without limitation, any transportation or traveling expenses or any labor or material costs provided however that any extra costs occasioned by the Buyer moving the Goods after delivery to a place other than the regi- stered premises of the Buyer shall be carried by the Buyer unless the removal of said Goods is a use for which the Goods are intended.
2.3 The Buyer shall give the Seller the time and the opportunity which may be needed to remove any defect in any of the Goods provided that the Seller shall not be held liable for any consequences of not being given such time and opportunity.
2.4 Any repair or replacement by the Seller with respect to any Goods shall irrespective of the scope of any such repair or replacement not be deemed to be an acceptance of any liability for any defect in any of the Goods claimed by the Buyer provided that no persons other than legal representatives or procurators under Sect. 49 German Commercial Code (“Proku- risten”) of the Seller shall have the right to accept any liability for any defect on behalf of the Seller.
2.5 If any defect in any of the Goods claimed by the Buyer shows not to be a defect for which the Seller is liable, then the Buyer shall reimburse to the Seller all costs reasonably incurred by the Seller to remove said alleged defect in good faith provided that material and labor costs so incurred by the Seller shall be reimbursed at the Seller’s standard rates applicable at the time when the alleged defect was so removed.
2.6 The Buyer shall not be entitled to the removal by the Seller of any defect due to any of the following: – improper use of any Goods or use of any Goods for a purpose for which the Goods are not fit or defective installation or commissioning of the Goods by the Buyer or any third party – natural wear and tear, improper or negligent handling, improper maintenance or use of any unfit consumables or utilities – defective construction work, unsuitable foundations or chemical, electrochemical or electrical interference unless caused by the...
Product Defects. WI will have full responsibility for determining that the designs of the Licensed Products and that components made by or for WI (other than by TRW or its Affiliates) are manufactured in accordance with customary commercial standards.
Product Defects. Licensor will use its best efforts to repair any Product Defects as defined in paragraph 1.14. Licensee agrees to provide Licensor with a written product defect report and evidence of the Defect. Licensor agrees to notify Licensee, within thirty (30) calendar days of delivery of documented evidence by the Licensee of any Product Defects that it does not intend to repair.