Common use of Repair and Replacement Clause in Contracts

Repair and Replacement. ‌ (a) Catapult shall, at its election, either repair or replace Warranted Equipment during the Term. Warranted Equipment means:‌ (i) Equipment that is defective or does not otherwise function in accordance with the Documentation due to any design or manufacturing faults; and (ii) in the case of Subscriptions only, Equipment that otherwise ceases to function in accordance with the Documentation as a result of fair wear and tear arising from normal use of the Equipment in accordance with this agreement and the Documentation. (b) If you believe any item of Equipment requires repair or replacement, you must deliver that Equipment to Catapult’s nominated services center, at your risk and cost, for analysis by Catapult. (c) Catapult will examine the Equipment delivered to it and if Catapult determines (acting reasonably) that the Equipment: (i) is Warranted Equipment, then Catapult shall repair or replace (at its election) such Warranted Equipment, and deliver the repaired or replacement Equipment to you at Catapult’s cost and reimburse you for the costs of delivering the Equipment to the nominated services center; or (ii) is not Warranted Equipment, then Catapult shall notify you of that determination and shall, at your cost, repair or replace (at Catapult’s election) the Equipment and deliver repaired or replacement Equipment to you. Catapult shall determine the costs in accordance with its then-current standard rates, and shall include its then-current minimum inspection fee for Equipment returned to Catapult, plus parts, labor and return delivery costs. Catapult shall invoice you for these costs at or around the time of sending the repaired or replacement Equipment to you. (d) This clause 7 is subject to the operation of clauses 17.2(b) and 18.2(f), which relate to Non-excludable Provisions.

Repair and Replacement. ‌ (a) Catapult shall, at its election, either repair or replace Warranted Equipment during the Term. Warranted Equipment means:‌ (i) means: Equipment that is defective or does not otherwise function in accordance with the Documentation due to any design or manufacturing faults; and (ii) and in the case of Subscriptions only, Equipment that otherwise ceases to function in accordance with the Documentation as a result of fair wear and tear arising from normal use of the Equipment in accordance with this agreement and the Documentation. (b) If you believe any item of Equipment requires repair or replacement, you must deliver that Equipment to Catapult’s 's nominated services centercentre, at your risk and cost, for analysis by Catapult. (c) Catapult will examine the Equipment delivered to it and if Catapult determines (acting reasonably) that the Equipment: (i) : is Warranted Equipment, then Catapult shall repair or replace (at its election) such Warranted Equipment, and deliver the repaired or replacement Equipment to you at Catapult’s 's cost and reimburse you for the costs of delivering the Equipment to the nominated services centercentre; or (ii) or is not Warranted Equipment, then Catapult shall notify you of that determination and shall, at your cost, repair or replace (at Catapult’s 's election) the Equipment and deliver repaired or replacement Equipment to you. Catapult shall determine the costs in accordance with its then-current standard rates, and shall include its then-current minimum inspection fee for Equipment returned to Catapult, plus parts, labor labour and return delivery costs. Catapult shall invoice you for these costs at or around the time of sending the repaired or replacement Equipment to you. (d) This clause 7 is subject to the operation of clauses 17.2(b) and 18.2(f), which relate to Non-excludable Provisions.

Repair and Replacement. ‌ (a) Catapult shall, at its election, either repair or replace Warranted Equipment during the Term. Warranted Equipment means:‌means: (i) Equipment that is defective or does not otherwise function in accordance with the Documentation due to any design or manufacturing faults; and (ii) in the case of Subscriptions only, Equipment that otherwise ceases to function in accordance with the Documentation as a result of fair wear and tear arising from normal use of the Equipment in accordance with this agreement and the Documentation. (b) If you believe any item of Equipment requires repair or replacement, you must deliver that Equipment to Catapult’s 's nominated services center, at your risk and cost, for analysis by Catapult. (c) Catapult will examine the Equipment delivered to it and if Catapult determines (acting reasonably) that the Equipment: (i) is Warranted Equipment, then Catapult shall repair or replace (at its election) such Warranted Equipment, and deliver the repaired or replacement Equipment to you at Catapult’s 's cost and reimburse you for the costs of delivering the Equipment to the nominated services center; or (ii) is not Warranted Equipment, then Catapult shall notify you of that determination and shall, at your cost, repair or replace (at Catapult’s 's election) the Equipment and deliver repaired or replacement Equipment to you. Catapult shall determine the costs in accordance with its then-current standard rates, and shall include its then-current minimum inspection fee for Equipment returned to Catapult, plus parts, labor and return delivery costs. Catapult shall invoice you for these costs at or around the time of sending the repaired or replacement Equipment to you. (d) This clause 7 is subject to the operation of clauses 17.2(b) and 18.2(f), which relate to Non-excludable Provisions.

Repair and Replacement. ‌ (a) Catapult shall, at its election, either repair or replace Warranted Equipment during the Term. Warranted Equipment means:‌ (i) means:‌ Equipment that is defective or does not otherwise function in accordance with the Documentation due to any design or manufacturing faults; and (ii) and in the case of Subscriptions only, Equipment that otherwise ceases to function in accordance with the Documentation as a result of fair wear and tear arising from normal use of the Equipment in accordance with this agreement and the Documentation. (b) If you believe any item of Equipment requires repair or replacement, you must deliver that Equipment to Catapult’s 's nominated services centercentre, at your risk and cost, for analysis by Catapult. (c) Catapult will examine the Equipment delivered to it and if Catapult determines (acting reasonably) that the Equipment: (i) : is Warranted Equipment, then Catapult shall repair or replace (at its election) such Warranted Equipment, and deliver the repaired or replacement Equipment to you at Catapult’s 's cost and reimburse you for the costs of delivering the Equipment to the nominated services centercentre; or (ii) or is not Warranted Equipment, then Catapult shall notify you of that determination and shall, at your cost, repair or replace (at Catapult’s 's election) the Equipment and deliver repaired or replacement Equipment to you. Catapult shall determine the costs in accordance with its then-current standard rates, and shall include its then-current minimum inspection fee for Equipment returned to Catapult, plus parts, labor labour and return delivery costs. Catapult shall invoice you for these costs at or around the time of sending the repaired or replacement Equipment to you. (d) This clause 7 is subject to the operation of clauses 17.2(b) and 18.2(f), which relate to Non-excludable Provisions.