Product Warranty Claims. When we receive a valid warranty claim for an HP hardware or software product, HP will either repair the relevant defect or replace the product. If HP is unable to complete the repair or replace the product within a reasonable time, Customer will be entitled to a full refund upon the prompt return of the product to HP (if hardware) or upon written confirmation by Customer that the relevant software product has been destroyed or permanently disabled. HP will pay for shipment of repaired or replaced products to Customer and Customer will be responsible for return shipment of the product to HP.
Product Warranty Claims. When we receive a valid warranty claim for an HPE hardware or software product, HPE will either repair the relevant defect or replace the product. If HPE is unable to complete the repair or replace the product within a reasonable time, Customer will be entitled to a full refund upon the prompt return of the product to HPE (if hardware) or upon written confirmation by Customer that the relevant software product has been destroyed or permanently disabled. HPE will pay for shipment of repaired or replaced products to Customer and Customer will be responsible for return shipment of the product to HPE.
Product Warranty Claims. When we receive a valid warranty claim for an Micro Focus software product, Micro Focus will either repair the relevant defect or replace the software product. If Micro Focus is unable to complete the repair or replace the software product within a reasonable time, Customer will be entitled to a full refund upon the prompt written confirmation by Customer that the relevant software product has been destroyed or permanently disabled. Micro Focus will pay for shipment of repaired or replaced software products to Customer.
Product Warranty Claims. When we receive a valid warranty claim for an Entco hardware or software product, Entco will either repair the relevant defect or replace the product. If Entco is unable to complete the repair or replace the product within a reasonable time, Customer will be entitled to a full refund upon the prompt return of the product to Entco (if hardware) or upon written confirmation by Customer that the relevant software product has been destroyed or permanently disabled. Entco will pay for shipment of repaired or replaced products to Customer and Customer will be responsible for return shipment of the product to Entco.
Product Warranty Claims. When we receive a valid warranty claim for an Company software product, Company will either repair the relevant defect or replace the software product. If Company is unable to complete the repair or replace the software product within a reasonable time, Customer will be entitled to a full refund upon the prompt written confirmation by Customer
Product Warranty Claims. When Vendor receives a valid warranty claim for a Vendor Hardware or Software Product, Vendor will either repair the relevant defect or replace the Product. If Vendor is unable to complete the repair or replace the Product within a reasonable time, Customer will be entitled to a full refund upon the prompt return of the product to Vendor (if Hardware) or upon written confirmation by Customer that the relevant Software product has been destroyed or permanently disabled. Vendor will pay for shipment of repaired or replaced Hardware or Software Products to Customer. If under warranty, shipment cost will be Vendor responsibility.
Product Warranty Claims. If, following the Closing, Buyer receives a claim from any of its customers or any of the former customers of Seller that any of the Specified Assets or any other goods manufactured or sold by Seller prior to the Closing contain or suffer from any non-compliance with the terms or specifications of the purchase order or contract or makes any other warranty claim and, that as a result thereof, said customer has elected to either (i) reject the goods manufactured or sold by Seller, or (ii) claim a full or partial credit for the cost of such goods against any amounts owed to Buyer, then Buyer promptly shall notify Seller of such claim. Upon receipt of such notification, Seller shall have ten (10) days in which to determine whether to accept or reject each product warranty claim. If a product warranty claim is rejected by the Seller on commercially reasonable grounds, then Buyer may resolve such product warranty claim in any manner that Buyer deems necessary and appropriate under the circumstances and, to the extent that the relevant customer should obtain a valid and enforceable order from a competent court confirming that the claim is grounded and ordering Buyer to pay the customer to satisfy such product warranty, then Buyer may seek to recover its reasonable costs and expenses from Seller under and pursuant to the terms of Section 8 of this Agreement. If Seller elects to accept any product warranty claims made by customers following the Closing, Seller shall assist Buyer in the resolution of such product warranty claims as more particularly described below. Seller may elect to either (x) pay the customer for the product plus freight in exchange for returned product, if any, or (y) request that Buyer repair, remanufacture or replace the product and reimburse Buyer for Buyer’s actual costs (including depreciation costs, if any, and freight) in remanufacturing, repairing or replacing the product, less a credit for the amount of returned product based upon market value. In such a case, the Parties shall act in good faith to reach an agreement on the amount due by the Seller and the Seller shall make any such agreed reimbursement to Buyer within five (5) business days following the date of the agreement.
Product Warranty Claims. Warranty claims involving products of the Business distributed or sold by the Business prior to the Closing Date, including product liability and negligence claims and liabilities for refunds, adjustments, allowances, repairs, exchanges, returns and warranty or similar claims (“Pre-Closing Product Warranty Claims”) shall be handled as follows:
(a) Purchaser shall manage, administer and process all Pre-Closing Product Warranty Claims in a manner generally no more favorable to the third party as Purchaser applies with respect to similar warranty claims involving products of the Business distributed or sold by the Business following the Closing Date including product liability and negligence claims and liabilities for refunds, adjustments, allowances, repairs, exchanges, returns and warranty or similar claims (“Post-Closing Product Warranty Claims”);
(b) Purchaser shall bear and be responsible for the Liabilities associated with or arising out of the Pre-Closing Product Warranty Claims up to the reserve set forth in the Final Closing Statement (the “Product Warranty Reserve”); and
(c) Sellers shall bear and be responsible for the Liabilities associated with or arising out of Pre-Closing Product Warranty Claims in excess of the Product Warranty Reserve; provided, however, that Sellers shall not be responsible for such costs in excess of the Product Warranty Reserve unless (i) Sellers have consented to such costs in advance thereof, which consent shall not be unreasonably withheld, delayed or conditioned, or (ii) such costs are incurred by Purchaser in a manner generally no more favorable to the third party as Purchaser applies with respect to similar warranty claims involving products of the Business distributed or sold by the Business following the Closing.
Product Warranty Claims. When we receive a valid warranty claim for an EntIT software product, EntIT will either repair the relevant defect or replace the software product. If EntIT is unable to complete the repair or replace the software product within a reasonable time, Customer will be entitled to a full refund upon the prompt written confirmation by Customer that the relevant software product has been destroyed or permanently disabled. EntIT will pay for shipment of repaired or replaced software products to Customer.
Product Warranty Claims. When HP receives a valid warranty claim for an HP hardware or software product, HP will either repair the relevant defect or replace the product. If HP is unable to complete the repair or replace the product within a reasonable time, Customer will be entitled to a full refund upon the prompt return of the product to HP (if hardware) or upon written confirmation by Customer that the relevant software product has been destroyed or permanently disabled. HP will pay for shipment of repaired or replaced products to Customer and Customer will be responsible for return shipment of the product to HP. 21 Remedies. This Agreement states all remedies for warranty claims. To the extent permitted by law, HP disclaims all other warranties.
