Remedies for Breach of Warranty. If the Product does not meet the warranties during the Warranty Period or the term of any Software Support Services, Licensor shall provide, at no charge, the software and Support Services required to attain the warranted levels or standards. If Licensor cannot meet the warranties by performance of Support Services within the time frames and pursuant to the terms and conditions in the Support Services Exhibit , Licensee shall have the right, in addition to any other remedies, within Licensee’s sole discretion to exercise one or more of the following remedies:
(i) full or partial refunds of the license fees and/or support services fees;
(ii) payment of the cost of a consultant to fix the Software; or
(iii) acceptance of impaired performance in exchange for a setoff/credit against license fees and/or support services fees, pursuant to Section 14.
Remedies for Breach of Warranty. If the Product does not meet the warranties during the Warranty Period or the term of any Support Services, Licensor shall provide, at no charge, the software and support required to attain the warranted standards. If Licensor cannot meet the warranties by performance of Support Services within the time frames and pursuant to the terms and conditions of this Agreement, GE shall have the right, in its sole discretion, and in addition to any other remedies, to one or more of the following remedies:
(i) full or partial refunds of the license fees and/or support services fees from Licensor;
(ii) reimbursements by Licensor for the reasonable costs of a consultant to fix the Software; or
(iii) acceptance of impaired performance by GE in exchange for a full setoff/credit from Licensor against license fees and/or support services fees.
Remedies for Breach of Warranty a) Cohesity’s sole obligation under the express warranty set forth in Sections 6.2 and 6.3 shall be, at Cohesity’s option and expense, to repair or replace the applicable component and/or Product; provided that in the event of a breach of the foregoing warranty within thirty (30) days of shipment, Cohesity will replace any non-compliant Product with a new Product within five (5) business days of notice via its then-current RMA procedure described in Cohesity’s standard Support and Maintenance Terms and Conditions (the “Support Terms”) found at xxx.xxxxxxxx.xxx/xxxxxxxxxx (incorporated herein by reference). After the warranty period, Customer is entitled to receive only the support and maintenance services specified for the applicable support level and term that Customer is Entitled to receive in the Support Terms. Cohesity will use commercially reasonable efforts to provide the support and maintenance services for the Products as, and to the extent described in, the Support Terms.
b) Customer must contact Cohesity’s technical support center within the applicable warranty period to obtain an RMA number as set forth in the Support Terms. In order to obtain warranty services, dated proof of purchase may be required by Cohesity in its sole discretion. Products may not be returned without an RMA number.
c) Access to Cohesity’s technical support center for any and all questions, consultation, deployment assistance, or problem reports regarding the Products shall be provided only pursuant to Customers who have purchased current Support. The warranties hereunder do not provide advance replacement parts.
d) If Customer believes Cohesity is in breach of the warranties in this Section 6, Customer shall notify Cohesity in writing specifying the breach, following which Cohesity shall have not less than thirty (30) days to remedy same. EXCEPT AS EXPRESSLY PROVIDED ABOVE, TO THE MAXIMUM EXTENT PERMISSIBLE UNDER APPLICABLE LAW, ALL PRODUCTS, SOFTWARE AND SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTY WHATSOEVER, AND COHESITY AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. COHESITY ALSO EXPRESSLY DISCLAIMS AND MAKES NO WARRANTY REGARDING ERROR-FREE USE, NON-INTERRUPTION OF USE OR FREEDOM FROM BUGS. COHESITY WILL HAVE NO LIABILITY FOR THE LOSS OR CORRUPTION OF ANY DATA...
Remedies for Breach of Warranty. Non-Conforming Receivables
8.1 If any representation or warranty set out in Part A of Schedule 1 insofar as it relates to the assignability, collectability, validity or enforceability of a Purchased Receivable or if any representation or warranty set out in Part B of Schedule 1 in respect of a Purchased Receivable proves to have been incorrect on the relevant Purchase Date and remains incorrect, or if the relevant Purchased Receivable has never existed (each affected Purchased Receivable being a Non-Conforming Receivable) the Relevant Seller, in respect of each Non-Conforming Receivable, shall treat the amount equal to the Outstanding Balance of the relevant Non-Conforming Receivable as a Deemed Collection and the Relevant Seller shall pay to the relevant Master Purchaser Account an amount equal to the Outstanding Balance of the relevant Non-Conforming Receivable on the next Settlement Date. Notwithstanding the fact that the Deemed Collection shall be paid by the Relevant Seller on the next Settlement Date, for all other purposes including, without limitation, the calculation of the Daily Asset Base, the Deemed Collection shall be deemed to have been received as of the day such Non-Conforming Receivable arises. To the extent that a Seller has made a payment to the Master Purchaser in respect of a Non-Conforming Receivable in accordance with this Clause 8.1 and an actual Collection is subsequently received by the Master Purchaser in respect of such Non-Conforming Receivable, the Master Purchaser will pay to that Seller on the immediately succeeding Settlement Date, in accordance with the applicable Master Purchaser Priority of Payments and by way of refund of the payment made by the Seller pursuant to this Clause 8.1, an amount equal to the Collection so received in respect of such Non-Conforming Receivable.
Remedies for Breach of Warranty. In addition to the District’s other rights and remedies hereunder, at law or in equity, the DB Contractor shall be liable for actual damages resulting from its failure to provide corrective Work in accordance with Section 23.1.4 and any breach of an express Warranty or any defect in the Work.
Remedies for Breach of Warranty. Without limiting any other remedy available in law or equity, if any Products purchased hereunder do not meet the warranty specified in Section 7.1(c) above, unless such non-conformity is attributable solely to the Consigned Die or Consigned Materials as delivered to Supplier, Purchaser may, at Purchaser’s option (i) require Supplier to replace or correct at no cost to Purchaser any defective or nonconforming Products pursuant to the Product return procedures set forth in Section 7.3 below, (ii) return any nonconforming Products to Supplier at Supplier’s expense and recover from Supplier the full sales price and any packaging or shipping costs related thereto, or (iii) procure similar Products from an alternate supplier, and Supplier shall be liable to Purchaser for any and all additional costs or expenses reasonably incurred by Purchaser in procuring such substitute Products. Supplier shall bear all packing, transportation, insurance and other costs incurred in connection with the replacement of defective Products. Furthermore, if Supplier’s failure to deliver Products to Purchaser that conform with the warranty set forth in Section 7.1(c) results in a breach of warranty claim against Purchaser, Supplier will indemnify Purchaser for any liabilities, losses, damages, costs and expenses incurred by Purchaser as the result of such breach of warranty.
Remedies for Breach of Warranty. If the Goods are defective, the ICRC has the option of
Remedies for Breach of Warranty. If any Contract Wafers purchased hereunder do not meet the warranties specified herein, Spansion may, at Spansion's option (i) require SMIC to replace or correct at no cost to Spansion any defective or nonconforming Contract Wafers pursuant to the Product return procedures set forth in Section 12.3 (Return of Contract Wafers) below, (ii) return any nonconforming Contract Wafers to SMIC at SMIC’s expense and recover from SMIC the full sales price and any packaging or shipping costs thereof, (iii) procure similar Contract Wafers from an alternate supplier, and SMIC shall be liable to Spansion for any and all additional costs or expenses reasonably incurred by Spansion in procuring such substitute Contract Wafers, or (iv) terminate this Agreement. Furthermore, if SMIC’s failure to deliver Contract Wafers to Spansion that conform with the warranty set forth in Section 12.1 results in a breach of warranty claim against Spansion, SMIC will indemnify Spansion for any damages, costs, penalties, or other amounts that Spansion will pay to its customers as the result of such breach of warranty. The provisions of this Section 12.2 are in addition to and shall not limit or otherwise restrict rights of Spansion under this Agreement or at law or equity for failure of SMIC to supply conforming Contract Wafers.
Remedies for Breach of Warranty. 1. Any Product, which fails within the first thirty (30) days after installation, shall be considered Dead on Arrival ("DOA"). DOA Products shall be replaced by Seller immediately upon notification of such occurrence and prior to the return of such DOA Products. For other than DOA occurrences, Unisys may return to Seller any Products in breach of any warranty, and Seller shall reship the repaired or replacement Product to Unisys within thirty ( 30 ) days whenever possible and no later than ninety ( 90 ) days after receipt of the nonconforming Products returned by Unisys.
2. Unisys or its authorized agent shall submit warranty claims to Seller in writing, within a reasonable time, stating the nature and date of the claim.
3. Special billing procedures for replacement Products may be established as needed based upon mutual agreement of the parties.
4. Seller shall bear all freight charges associated with warranty claims for shipments to and from Unisys locations.
5. Seller shall have the risk of loss, destruction, or damage to all returned Products while in Seller's possession and while in transit during return to Seller and reshipment to Unisys.
6. Unisys rights under this Article are cumulative and nonexclusive and in addition to all other rights and remedies that Unisys may have in law or equity.
Remedies for Breach of Warranty. In the event of a breach of the warranty set forth in Section 6 by Seller, Xxxxx’s sole remedies shall be, at Buyer’s option, either: (i) a refund to Buyer of the purchase price paid by Buyer for non-conforming Products and the transportation costs incurred by Buyer in transporting Products to Buyer’s facility or, at Buyer’s request, credit to Buyer’s account of the amount of said price or (ii) replacement of the non-conforming Products with conforming Products. Alternatively, Xxxxx and Seller may, on a case by case basis, mutually agree in writing to waive the requirement for Products to conform to the warranty. If Buyer elects to replace the non- conforming Products, then Seller shall be responsible for the reasonable costs involved in obtaining and shipping the replacement Products; provided, however, that Seller shall have the right to make the arrangements on behalf of Buyer for replacement of non-conforming Products. Upon Seller’s request, Buyer shall return the non-conforming Products to Seller or otherwise dispose of the non-conforming Products, which is the subject of the refund, credit or replacement, with any reasonable costs incurred by Buyer in connection with such return or disposition to be for Seller’s account. Buyer must notify Seller in writing of any claim for an alleged breach of warranty within ninety (90) days of Buyer’s receipt of Products. After expiration of such ninety (90) day period, Xxxxx will not be entitled to any of the remedies provided herein if Xxxxxx has not been notified in writing of an alleged breach of warranty.
