Common use of Remedies for Breach of Owner Product Warranties Clause in Contracts

Remedies for Breach of Owner Product Warranties. (a) Subject to Clause 6.3 and Clause 6.4(d), if during the Warranty Period there is a Defect in the Equipment caused by Owner and notified by Xxxxx within the Warranty Period to Owner in writing as soon as Xxxxx knew or ought to have known of the Defect, whichever is the earlier, Xxxxx’s sole and exclusive remedy, and Owner’s sole and exclusive liability, regarding such Defect, shall be for Owner, at Owner’s sole option, to rectify the Defect on a return-to- manufacturer basis at Hirer’s cost or provide a replacement item of similar specification EXW (Incoterms) 2020 Owner’s designated site. Owner reserves the right to require prepaid return of the allegedly defective Owner Equipment to establish a claim. Owner shall not be responsible for retrieving or removing defective Equipment or any part thereof, or for reinstalling the same when repaired or replaced, or for any cost incurred in connection with such retrieval, removal or reinstallation. (b) Xxxxx shall be responsible for and shall pay to Owner the full cost incurred by Owner for repairing or replacing any Equipment which becomes defective or damaged because Hirer has failed to properly use and maintain the Equipment in accordance with any instruction manual, or other notices issued in respect of them, or in accordance with standard industry practice. (c) Owner shall not be liable to Hirer under this Clause 6 where Xxxxx fails to: deliver the allegedly defective Equipment to such place as Owner may specify and/or provide such facilities for inspection as Owner may consider adequate or Hirer makes any further use of the Equipment after giving notice in accordance with Clause 6.4(a). (d) Xxxxx shall be responsible for and shall pay to Owner the full cost incurred by Owner for repairing or replacing any Equipment (and for the avoidance of doubt Owner shall not be liable to Hirer under these Conditions) where: (i) Xxxxx has altered or repaired the Equipment (other than by appointing an expert with sufficient experience to repair such Equipment) without the written consent of Owner; and/or (ii) the Defect in the Equipment has arisen as a result of wilful damage, negligence, improper use, or abnormal storage or working conditions. (e) The warranty for the replaced or repaired Equipment shall end upon the original end of the Warranty Period. (f) For the avoidance of doubt, where the Owner elects to rectify the Defect under Clause 6.4(a), the Hirer shall return any defective Equipment to Owner on a DDP (Incoterms) 2020 basis at Owner’s designated site and repaired or replaced Owner Equipment shall be re-delivered to Hirer on an EXW (Incoterms) 2020 basis at Owner’s designated site. . (g) Hirer must give written notification of any warranty claim within seven (7) days of the Defect occurring. Otherwise no such claim may be raised against Owner.

Remedies for Breach of Owner Product Warranties. (a) Subject to Clause 6.3 and Clause 6.4(d), if during the Warranty Period there is a Defect in the Equipment caused by Owner and notified by Xxxxx within the Warranty Period to Owner in writing as soon as Xxxxx knew or ought to have known of the Defect, whichever is the earlier, Xxxxx’s sole and exclusive remedy, and Owner’s sole and exclusive liability, regarding such Defect, shall be for Owner, at Owner’s sole option, to rectify the Defect on a return-to- manufacturer basis at Hirer’s cost or provide a replacement item of similar specification EXW (Incoterms) 2020 Owner’s designated site. Owner reserves the right to require prepaid return of the allegedly defective Owner Equipment to establish a claim. Owner shall not be responsible for retrieving or removing defective Equipment or any part thereof, or for reinstalling the same when repaired or replaced, or for any cost incurred in connection with such retrieval, removal or reinstallation. (b) Xxxxx shall be responsible for and shall pay to Owner the full cost incurred by Owner for repairing or replacing any Equipment which becomes defective or damaged because Hirer has failed to properly use and maintain the Equipment in accordance with any instruction manual, or other notices issued in respect of them, or in accordance with standard industry practice. (c) Owner shall not be liable to Hirer under this Clause 6 where Xxxxx fails to: deliver the allegedly defective Equipment to such place as Owner may specify and/or provide such facilities for inspection as Owner may consider adequate or Hirer makes any further use of the Equipment after giving notice in accordance with Clause 6.4(a). (d) Xxxxx shall be responsible for and shall pay to Owner the full cost incurred by Owner for repairing or replacing any Equipment (and for the avoidance of doubt Owner shall not be liable to Hirer under these Conditions) where: (i) Xxxxx has altered or repaired the Equipment (other than by appointing an expert with sufficient experience to repair such Equipment) without the written consent of Owner; and/or (ii) the Defect in the Equipment has arisen as a result of wilful damage, negligence, improper use, or abnormal storage or working conditions. (e) The warranty for the replaced or repaired Equipment shall end upon the original end of the Warranty Period. (f) For the avoidance of doubt, where the Owner elects to rectify the Defect under Clause 6.4(a), the Hirer shall return any defective Equipment to Owner on a DDP (Incoterms) 2020 basis at Owner’s designated site and repaired or replaced Owner Equipment shall be re-delivered to Hirer on an EXW (Incoterms) 2020 basis at Owner’s designated site. . (g) Hirer must give written notification of any warranty claim within seven (7) days of the Defect occurring. Otherwise no such claim may be raised against Owner.

Remedies for Breach of Owner Product Warranties. (a) Subject to Clause 6.3 and Clause 6.4(d), if during the Warranty Period there is a Defect in the Equipment caused by Owner and notified by Xxxxx within the Warranty Period to Owner in writing as soon as Xxxxx knew or ought to have known of the Defect, whichever is the earlier, Xxxxx’s sole and exclusive remedy, and Owner’s sole and exclusive liability, regarding such Defect, shall be for Owner, at Owner’s sole option, to rectify the Defect on a return-to- manufacturer basis at Hirer’s cost or provide a replacement item of similar specification EXW (Incoterms) 2020 Owner’s designated site. Owner reserves the right to require prepaid return of the allegedly defective Owner Equipment to establish a claim. Owner shall not be responsible for retrieving or removing defective Equipment or any part thereof, or for reinstalling the same when repaired or replaced, or for any cost incurred in connection with such retrieval, removal or reinstallation. (b) Xxxxx shall be responsible for and shall pay to Owner the full cost incurred by Owner for repairing or replacing any Equipment which becomes defective or damaged because Hirer has failed to properly use and maintain the Equipment in accordance with any instruction manual, or other notices issued in respect of them, or in accordance with standard industry practice. (c) Owner shall not be liable to Hirer under this Clause 6 where Xxxxx fails to: deliver the allegedly defective Equipment to such place as Owner may specify and/or provide such facilities for inspection as Owner may consider adequate or Hirer makes any further use of the Equipment after giving notice in accordance with Clause 6.4(a). (d) Xxxxx shall be responsible for and shall pay to Owner the full cost incurred by Owner for repairing or replacing any Equipment (and for the avoidance of doubt Owner shall not be liable to Hirer under these Conditions) where: (i) Xxxxx has altered or repaired the Equipment (other than by appointing an expert with sufficient experience to repair such Equipment) without the written consent of Owner; and/or (ii) the Defect in the Equipment has arisen as a result of wilful damage, negligence, improper use, or abnormal storage or working conditions. (e) The warranty for the replaced or repaired Equipment shall end upon the original end of the Warranty Period. (f) For the avoidance of doubt, where the Owner elects to rectify the Defect under Clause 6.4(a), the Hirer shall return any defective Equipment to Owner on a DDP (Incoterms) 2020 basis at Owner’s designated site and repaired or replaced Owner Equipment shall be re-delivered to Hirer on an EXW (Incoterms) 2020 basis at Owner’s designated site. . (g) Hirer must give written notification of any warranty claim within seven (7) days of the Defect occurringoccurring . Otherwise no such claim may be raised against Owner.