Common use of Remedies for Breach of Warranty Clause in Contracts

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 STORED ON ANY PRODUCT FOR ANY REASON.

Remedies for Breach of Warranty. aIf any Products do not meet the warranties specified herein, IQE plc may, at XXX’x option; (i) Cohesity’s sole obligation under replace or correct at no cost to IQE plc any defective or nonconforming Products pursuant to the express warranty Product return procedures set forth in Sections 6.2 Section 10.3 below, (ii) Replace nonconforming substrates on which epi was grown on a “1 for 1” ratio for the first 2% and 6.3 shall bea “2 for 1 “ratio for all non conforming substrates on which epi was grown that exceed 2%. (iii) Allow IQE plc to return any nonconforming Products to XXX at XXX’x expense and recover from XXX the full sales price and any packaging or shipping costs thereof. If IQE cannot return nonconforming Products to XXX due to non-disclosure agreements signed with their customers, at CohesityXXX retains the right to inspect such nonconforming Products on IQE’s option and expensesite. Nothwithstanding any other provision herein to the contrary, to repair or replace the applicable component and/or Product; provided that in the event of a breach that any of the foregoing warranty Products are found not to substantially conform to those “Specific Specifications” set forth on Appendix A attached hereto within thirty the time required therein by one of IQE plc’s customers (30such period of time not to exceed six (6) days months from the date of shipmentdelivery to IQE), Cohesity will replace XXX shall and hereby agrees to be responsible for all such customer material costs incurred as a result of the Product’s failure to substantially conform to such Specific Specifications; provided, that XXX’x maximum cumulative liability for any such customer direct material costs shall be limited to nine hundred and fifty dollars ($950) per non-compliant conforming Product. Notwithstanding the foregoing, XXX shall have the right to replace a non-conforming Product with a new conforming 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 first two percent (2%) of the Support Terms. Cohesity will use commercially reasonable efforts to provide the support and maintenance services for production at IQE of IQE products incorporating the Products as, that are non-conforming due to Haze (and to the extent described in, the Support Terms. breplace a non-conforming Product with two (2) 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. conforming 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 IQE products incorporating the Products shall be provided only pursuant non-conforming Product that are non-conforming due to Customers who have purchased current Support. The warranties hereunder do not provide advance replacement parts. dHaze exceeding two percent (2%) If Customer believes Cohesity is in breach of the warranties production at IQE of IQE products incorporating the non-conforming Products), in which case, XXX shall not have any liability for customer material costs under this Section 6Section. For the purposes of this Section, Customer shall notify Cohesity in writing specifying Haze means a visible defect that is visual on the breach, following which Cohesity shall have not less than thirty (30) days surface of the wafer after a thin epitaxial film is placed on it and is visible 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 STORED ON ANY PRODUCT FOR ANY REASONthe naked eye.

Remedies for Breach of Warranty. aIf any Products do not meet the warranties specified herein, XXX may, at XXX’x option; (i) Cohesity’s sole obligation under replace or correct at no cost to IQE plc any defective or nonconforming Products pursuant to the express warranty Product return procedures set forth in Sections 6.2 Section 10.3 below, (ii) Replace nonconforming substrates on which epi was grown on a “1 for 1” ratio for the first 2% and 6.3 shall bea “2 for 1” ratio for all non conforming substrates on which epi was grown that exceed 2%. (iii) Allow IQE plc to return any nonconforming Products to XXX at XXX’x expense and recover from XXX the full sales price and any packaging or shipping costs thereof. Notwithstanding any other provision herein to the contrary, at Cohesity’s option and expense, to repair or replace the applicable component and/or Product; provided that in the event of a breach that any of the foregoing warranty Products are found not to substantially conform to those “Specific Specifications” set forth on Appendix A attached hereto within thirty the time required therein by one of IQE plc’s customers (30such period of time not to exceed six (6) days months from the date of shipmentdelivery to IQE), Cohesity will replace XXX shall and hereby agrees to be responsible for all such customer material costs incurred as a result of the Product’s failure to substantially conform to such Specific Specifications; provided, that XXX’x maximum cumulative liability for any such customer direct material costs shall be limited to nine hundred and fifty dollars ($950.00) per non-compliant conforming Product. Notwithstanding the foregoing, XXX shall have the right to replace a non-conforming Product with a new conforming 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 first two percent (2%) of the Support Terms. Cohesity will use commercially reasonable efforts to provide the support and maintenance services for production at IQE of IQE products incorporating the Products as, that are non-conforming due to Haze (and to the extent described in, the Support Terms. breplace a non-conforming Product with two (2) 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. conforming 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 IQE products incorporating the Products shall be provided only pursuant non-conforming Product that are non-conforming due to Customers who have purchased current Support. The warranties hereunder do not provide advance replacement parts. dHaze exceeding two percent (2%) If Customer believes Cohesity is in breach of the warranties production at IQE of IQE products incorporating the non-conforming Products), in which case, XXX shall not have any liability for customer material costs under this Section 6Section. For the purposes of this Section, Customer shall notify Cohesity in writing specifying Haze means a visible defect that is visual on the breach, following which Cohesity shall have not less than thirty (30) days surface of the wafer after a thin epitaxial film is place on it and is visible 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 STORED ON ANY PRODUCT FOR ANY REASONthe naked eye.

Remedies for Breach of Warranty. (a) Cohesity’s sole obligation under The Corporation shall give written notice to 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 Contractor of any breach of warranties within sixty (60) days after discovery of a breach of defect. (b) The Contractor shall have fifteen (15) days after receiving such written notice to provide to the foregoing warranty Corporation a cure schedule and, unless otherwise agreed, such cure shall be completed within thirty (30) days after the Contractor’s receipt of shipmentsuch notice. (c) If the Contractor fails to cure within the time established in this Paragraph, Cohesity will the Corporation may, by Contract or otherwise, correct or replace the nonconforming Supplies with similar Supplies from another source. The Contractor shall promptly reimburse the Corporation for any non-compliant Product costs incurred by the Corporation in correcting or replacing the nonconforming Supplies (or if the Corporation has not yet fully paid for such Supplies, the amount by with such costs exceed the price that the Corporation has not previously paid). (d) If the Contractor fails to cure or the Corporation determines that a new Product within five cure is not feasible, the Corporation may obtain replacement Supplies from another source or waive the cure and accept the Supplies subject to an equitable reduction in the price for the nonconforming Supplies. If the Corporation has already paid for such Supplies, the Contractor shall promptly refund to the Corporation the price paid for the replaced Supplies or, in the case of an equitable reduction in price, the amount of the reduction. (5e) business days If the Contractor disputes the Corporation’s warranty claim, the Contractor shall nevertheless proceed with any written request issued by the Buyer under this Paragraph to correct or replace the nonconforming Supplies. In the event it is later determined that the Supplies did, in fact, conform to the requirements of notice via its then-current RMA procedure described the Contract, the Corporation shall equitably adjust the Contract Price to account for any additional Supplies provided by the Contractor subject to offset for any conforming Supplies returned by the Corporation. (f) The Contractor shall provide instructions for pick up or disposal of nonconforming Supplies. If the Contractor fails to furnish timely disposition instructions, the Corporation may dispose of the nonconforming Supplies in Cohesity’s standard Support and Maintenance Terms and Conditions (the “Support Terms”) found at xxx.xxxxxxxx.xxx/xxxxxxxxxx (incorporated herein by reference)a reasonable manner. After the warranty period, Customer The Corporation is entitled to receive only reimbursement from the support and maintenance services specified Contractor, or from the proceeds of such disposal, for the applicable support level reasonable expenses of the care and term that Customer is Entitled disposition of the nonconforming Supplies, as well as for excess costs incurred or to receive be incurred. (g) The rights and remedies of the Corporation in the Support Terms. Cohesity will use commercially reasonable efforts to provide the support and maintenance services for the Products asthis Paragraph are in addition to, and do not limit, any rights afforded to the extent described in, the Support TermsCorporation by applicable law or any other term of this Contract. b(h) Customer must contact Cohesity’s technical support center within Any Supplies corrected or furnished in replacement under this Paragraph shall also be subject to 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 numberParagraph entitled “Warranties. 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 STORED ON ANY PRODUCT FOR ANY REASON.”