Product Warranty Remedies. Eargo will submit any and all claims for a breach of warranty under Section 16.2, no later than [***] after the expiration of the Warranty Period. At Supplier’s expense, Supplier will accept the return of any Product(s) that does not conform to the warranties of Section 16.2 or a consumer’s reasonable expectations, or fails to meet Compliance, or creates a Hazard (referred to as “Defective Products”). If Supplier delivers Products that, at any point, become Defective Products where root cause is a manufacturing defect or a defect in the Manufacturing Process, then Eargo may, in its sole discretion, select one or more of the following remedies, in each instance of Defective Products, at Supplier’s sole cost and expense: (a) require Supplier to compensate Eargo for the Defective Products and any associated transportation costs between Eargo and Supplier; (b) require Supplier, or an Eargo-designated third party, to re-perform the non-conforming Services and/or repair the Defective Products and recover from Supplier all reasonable related costs and expenses; (c) purchase products or services comparable to the Defective Products or Services, in which case Supplier will promptly pay to Eargo the costs of the substitute in excess of the price of such Product or Service; and/or (d) require Supplier to provide a written issue or defect analysis report and correction plan. Additionally, if Supplier delivers Products that, at any point, become Defective Products then, regardless of the existence or nature of root cause, Eargo may, in its sole discretion and without limiting the foregoing remedies, require Supplier to ship, at Supplier’s sole cost and expense, a replacement of the Defective Product(s) with Products that are in Compliance, and such replacements will be considered new Products. Supplier will be responsible for all costs and expenses associated with shipping and insurance for returns and replacements, and will replace any Defective Products returned for replacement with new (not used or refurbished) Units free of charge. Repaired and replacement Products will be warranted for a new Warranty Period as set forth above in this Section 16.
Product Warranty Remedies. (a) Seller warrants that all Purchased Systems, upon installation and for a period of two years immediately following installation (the "Warranty Period"), will: (i) be of good quality and workmanship and free from defects, latent or patent, in design, material or workmanship, (ii) conform in all respects to the Specifications, (iii) be fit for their intended use, (iv) be free of any claim of any third party; (v) be manufactured in accordance with generally accepted good manufacturing and quality practices and (vi) be Fully Operational for no less than 95% of the time during which they are being operated at an LRS Location in accordance with the Operation Manual. These warranties shall not be deemed waived either by reason of Buyer's acceptance of Purchased Systems or by payment for them.
Product Warranty Remedies. Customer’s sole and exclusive remedy for any breach of the Product Warranty is: (i) for Tx3 to exercise reasonable commercial efforts to repair, modify or replace the Software and, after exercising such efforts without success, (ii) for Tx3 to refund the: unamortized fees paid by Customer for such defective Software depreciated on a three-year, straight-line basis, provided that Customer stops using the Software from and after the date of such refund (for perpetual Software licenses); or prepaid fees, prorated for the duration remaining in the paid-for period (for periodic Software licenses).
Product Warranty Remedies. Customer’s sole and exclusive remedy for any breach of the Product Warranty is: (i) for Tx3 to exercise commercially reasonable efforts to repair or modify the Platform and, after exercising such efforts without success, (ii) for Tx3 to terminate this Agreement on notice and Customer and refund any pre-paid periodic fees paid by Customer, prorated based on the amount of time remaining in the pre-paid period.
Product Warranty Remedies. If Supplier breaches any warranty Buyer may return the affected Products to Supplier at Supplier’s expense for correction, replacement, or refund, as Buyer may direct, in addition to other remedies available to Buyer. Any Product corrected or furnished in replacement will be warranted for the remainder of the warranty period of the Product replaced.
