Common use of Repair and Return Clause in Contracts

Repair and Return. (a) If the Owner claims a breach of warranty under subsections 17.1, 17.2 or 17.3, it must notify the Vendor of the claimed breach within a reasonable time after its determination that a breach has in fact occurred. The Owner will allow the Vendor to inspect the Products, the Services or the System, as the case may be, on-site, or, upon the Vendor's reasonable request and, subject to subsection 17.5(d) below, at the Vendor's sole expense: (i) with respect to Products, return such Products to any of the Vendor's repair facilities located in the United States and listed on Schedule 8, or (ii) with respect to Non-Essential Equipment, return such Non-Essential Equipment to the Vendor (or to the third party manufacturer if previously requested by the Vendor) for further return to the applicable third party manufacturer. The Vendor or such third party manufacturer may use either new, remanufactured, reconditioned, refurbished, or functionally equivalent Products or parts pursuant to the terms of this Contract, including, but not limited to, the Specifications, in the furnishing of warranty repairs or replacements under this Contract.

Repair and Return. (a) If the Owner claims a breach of warranty ----------------- under subsections 17.1, 17.2 or 17.3, it must notify the Vendor of the claimed breach within a reasonable time after its determination that a breach has in fact occurred. The Owner will allow the Vendor to inspect the Products, the Services or the System, as the case may be, on-site, or, upon the Vendor's reasonable request and, subject to subsection 17.5(d) below, at the Vendor's sole expense: (i) with respect to Products, return such Products to any of the Vendor's repair facilities located in the United States and listed on Schedule 8, or (ii) with respect to Non-Essential Equipment, return such Non-Essential Equipment to the Vendor (or to the third party manufacturer if previously requested by the Vendor) for further return to the applicable third party manufacturer. The Vendor or such third party manufacturer may use either new, remanufactured, reconditioned, refurbished, or functionally equivalent Products or parts pursuant to the terms of this Contract, including, but not limited to, the Specifications, in the furnishing of warranty repairs or replacements under this Contract.