Common use of Remedies and Limitations Clause in Contracts

Remedies and Limitations. 18.1 If any Product fails to conform to the warranty specified in Article 16 during the applicable Warranty Period, Corvis will promptly repair or replace, at its option and expense, all such defective or nonconforming Product within ten (10) business days of receipt of the Product. If Corvis cannot repair or replace such Product, it will provide a refund or credit for the original purchase price or license fee paid by Customer for such Product. If Corvis fails to perform any Services in accordance with Article 16 and Customer notifies Corvis of such failure within twelve (12) months of the date on which Customer accepts such Services, Corvis, at its option, either will correct the defective or non-conforming Services or render a full or pro-rated (based on the portion of the Services that are defective or non-conforming) refund or credit based on the original charges for the Services. No Product will be accepted for repair or replacement without the written authorization of and in accordance with reasonable instructions of Corvis. Removal and reinstallation expenses as well as transportation expenses associated with returning such Product to Corvis for readily returnable Products (e.g., plug-in items) will be borne by Customer. Corvis will pay the costs of transportation of any repaired or replaced Product to the destination designated by Customer. In repairing or replacing any Equipment or Software medium under this warranty, Corvis may use either new Products or parts or remanufactured, reconditioned or refurbished Products or parts if in like-new condition or functionally equivalent to new Products or parts. Replaced Products or parts will be retained by Corvis and become Corvis' property. Replacement Products or parts become the property of Customer.

Remedies and Limitations. 18.1 If If, under normal and proper use (i.e., as approved by Corvis or as provided in the applicable Technical Requirements) any Product fails to conform to the warranty specified in Article 16 during the applicable Warranty Period, Corvis will promptly repair or replace, at its option and expense, all such defective or nonconforming Product within ten (10) business days of receipt of the Productso as to cause it to satisfy, and perform in accordance with, its applicable Technical Requirements. If Corvis cannot repair or replace such Product, it will provide a refund or credit for the original purchase price or license fee paid by Customer for such Product. If Corvis fails Corvis' installation services prove not to perform any Services in accordance with Article 16 and Customer notifies Corvis be performed as warranted, within a six (6) month period commencing on the date of such failure within twelve (12) months Acceptance of the date on which Customer accepts such Services, Corvis, at its option, either will correct the defective defect or non-conforming Services or render a full or pro-pro- rated (based on the portion of the Services that are defective or non-conforming) refund or credit based on the original charges for the Services. No Product will be accepted for repair or replacement without the written authorization of and in accordance with reasonable instructions of Corvis. Removal and reinstallation expenses as well as transportation expenses associated with returning such Product to Corvis for readily returnable Products (e.g., plug-in items) will be borne by CustomerCorvis only if Corvis performed improper installation services necessitating such removal and reinstallation. Corvis will pay the costs of transportation of any the repaired or replaced Product to the destination designated by Customer. In repairing or replacing any Equipment or Software medium under this warranty, Corvis may use either new Products or parts or remanufactured, reconditioned or refurbished Products or parts if in like-new condition or functionally equivalent to new Products or parts. Replaced Products or parts will be retained by Corvis and become Corvis' property. Replacement Products or parts become the property of Customer.

Remedies and Limitations. 18.1 If any Product fails to conform to the warranty specified in Article 16 during the applicable Warranty Period, Corvis will promptly repair or replace, at its option and expense, all such defective or nonconforming Product within ten (10) business days [*] of receipt of the Product. If Corvis cannot repair or replace such Product, it will provide a refund or credit for the original purchase price or license fee paid by Customer for such Product. If Corvis fails to perform any Services in accordance with Article 16 and Customer notifies Corvis of such failure within twelve (12) months [*] of the date on which Customer accepts such Services, Corvis, at its option, either will correct the defective or non-conforming Services or render a full or pro-rated (based on the portion of the Services that are defective or non-conforming) refund or credit based on the original charges for the Services. No Product will be accepted for repair or replacement without the written authorization of and in accordance with reasonable instructions of Corvis. Removal and reinstallation expenses as well as transportation expenses associated with returning such Product to Corvis for readily returnable Products (e.g., plug-in items) will be borne by Customer. Corvis will pay the costs of transportation [*] of any repaired or replaced Product to the destination designated by Customer. In repairing or replacing any Equipment or Software medium under this warranty, Corvis may use either new Products or parts or remanufactured, reconditioned or refurbished Products or parts if in like-new condition or functionally equivalent to new Products or parts. Replaced Products or parts will be retained by Corvis and become Corvis' property. Replacement Products or parts become the property of Customer.

Remedies and Limitations. 18.1 If If, under normal and proper use (i.e., as approved by Corvis or as provided in the applicable Technical Requirements) any Product fails to conform to the warranty specified in Article 16 during the applicable Warranty Period, Corvis will promptly repair or replace, at its option and expense, all such defective or nonconforming Product within ten (10) business days of receipt of the Productso as to cause it to satisfy, and perform in accordance with, its applicable Technical Requirements. If Corvis cannot repair or replace such Product, it will provide a refund or credit for the original purchase price or license fee paid by Customer for such Product. If Corvis fails Corvis' installation Confidential materials omitted and filed separately with the Securities and Exchange Commission. Asterisks denote omissions. services prove not to perform any Services in accordance with Article 16 and Customer notifies Corvis be performed as warranted, within a [*] period commencing on the date of such failure within twelve (12) months Acceptance of the date on which Customer accepts such Services, Corvis, at its option, either will correct the defective defect or non-conforming Services or render a full or pro-rated (based on the portion of the Services that are defective or non-conforming) refund or credit based on the original charges for the Services. No Product will be accepted for repair or replacement without the written authorization of and in accordance with reasonable instructions of Corvis. Removal and reinstallation expenses as well as transportation expenses associated with returning such Product to Corvis for readily returnable Products (e.g., plug-in items) will be borne by CustomerCorvis only if Corvis performed improper installation services necessitating such removal and reinstallation. Corvis will pay [*] of the costs of transportation of any repaired or replaced Product to the destination designated by Customer. In repairing or replacing any Equipment or Software medium under this warranty, Corvis may use either new Products or parts or remanufactured, reconditioned or refurbished Products or parts if in like-new condition or functionally equivalent to new Products or parts. Replaced Products or parts will be retained by Corvis and become Corvis' property. Replacement Products or parts become the property of Customer.