Common use of Repair or Replacement of Defective Product Clause in Contracts

Repair or Replacement of Defective Product. In accordance with Jabil’s standard return material authorization process and procedure (“RMA”), Jabil will either repair or replace, in its sole discretion, any Product that contains a defect caused by a breach of the warranty set forth in this Section 5 provided that the Product is received within thirty (30) days following the end of any applicable Warranty Period (“RMA Product”). If Company desires to return a Product based on a claim of breach of the warranty set forth in this Section 5, Company shall request an RMA number from Jabil. Company shall then consign the alleged defective Product, FOB Jabil’s designated repair facility, and specify the Jabil assigned RMA number. Jabil will analyze any such RMA Product and, if a breach of warranty is found (“Defect”), then Jabil will repair or replace the RMA Product within fifteen (15 ) business days of receipt by Jabil of the RMA Product and all required associated documentation. In the event a Defect is found, Jabil will reimburse Company for the reasonable cost of transporting the RMA Product to Jabil’s designated repair facility and Jabil will deliver the repaired RMA Product or its replacement, FCA Company’s designated destination. [***] incurred to analyze and, if requested by Company, repair or replace the non-Defective RMA Product and [***].

Appears in 4 contracts

Samples: Manufacturing Services Agreement (Ulthera Inc), Manufacturing Services Agreement (Ulthera Inc), Manufacturing Services Agreement (Ulthera Inc)

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Repair or Replacement of Defective Product. In accordance with Jabil’s 's standard return material authorization process and procedure ("RMA"), Jabil will either repair or replace, in its sole discretion, any Product that contains a defect caused by a breach of the warranty set forth in this Section 5 provided that the Product is received within thirty (30) days following the end of any applicable Warranty Period (“RMA Product”). If The Company shall provide the first line of testing for returned devices and, if Company desires to return a Product based on a claim of breach of the warranty set forth in this Section 5, Company shall request an RMA number from Jabil. Company shall then consign the alleged defective Product, FOB Jabil’s designated repair facility, and specify the Jabil assigned RMA number. Jabil will analyze any such RMA Product and, if a breach of warranty is found (“Defect”), then Jabil will repair or replace the RMA Product within fifteen twenty (15 20) business days of receipt by Jabil of the RMA Product and all required associated documentation. In the event a Defect is found, Jabil will reimburse Company for the reasonable cost of transporting the RMA Product to Jabil’s 's designated repair facility and Jabil will deliver the repaired RMA Product or its replacement, FCA Company’s designated destination. [***] If no such Defect is found, Company shall reimburse Jabil for all fees, costs and expenses incurred to analyze and, if requested by Company, repair or replace the non-Defective RMA Product and [***]Company shall bear responsibility for all transportation costs to and from Jabil’s designated repair facility.

Appears in 2 contracts

Samples: Manufacturing Services Agreement (Location Based Technologies, Inc.), Manufacturing Services Agreement (Location Based Technologies, Inc.)

Repair or Replacement of Defective Product. In accordance with Jabil’s standard the return material authorization process and procedure set forth in the SLA (“RMA”), Jabil will will, either repair repair, replace, or replaceissue credit, in its sole discretion, any Product that contains a defect caused by a breach of the warranty set forth in this Section 5 provided that the Product is received within thirty (30) days following the end of any applicable Warranty Period (“RMA Product”). If Company desires to return a Product based on a claim of breach of the warranty set forth in this Section 5, Company shall request an RMA number from Jabil. Company shall then consign the alleged defective Product, FOB Jabil’s designated repair facility, and specify the Jabil assigned RMA number. Jabil will analyze any such RMA Product and, if a breach of warranty is found (“Defect”), then Jabil will repair or replace the RMA Product utilizing Commercially Reasonable Efforts to provide within fifteen ten (15 10) business days of receipt by Jabil of the RMA Product and all required associated documentationdocumentation and subject to material availability. In the event a Defect is found, Jabil will reimburse Company for the reasonable cost of transporting the RMA Product to Jabil’s designated repair facility and Jabil will deliver the repaired RMA Product or its replacement, FCA Company’s designated destination. [***] If no such Defect is found, Company shall reimburse Jabil for all reasonable fees, costs and expenses incurred to analyze and, if requested by Company, repair or replace the non-Defective RMA Product and [***].Company shall bear responsibility for all reasonable and customary transportation costs to and from Jabil’s designated repair facility

Appears in 2 contracts

Samples: Manufacturing Services Agreement (Gigamon Inc.), Manufacturing Services Agreement (Gigamon LLC)

Repair or Replacement of Defective Product. In accordance with Jabil’s 's standard return material authorization process and procedure ("RMA"), Jabil will either repair repair, replace or replaceissue credit, in its sole discretion, any Product that contains a defect caused by a breach of the warranty set forth in this Section 5 provided that the Product is received within thirty ninety (3090) days following the end of any applicable Warranty Period ("RMA JBL-T-0501 Manufacturing Services Agreement Product"). If Company SKYE desires to return a Product based on a claim of breach of the warranty set forth in this Section 5, Company SKYE shall request an RMA number from Jabil. Company SKYE shall then consign the alleged defective Product, FOB Jabil’s 's designated repair facility, and specify the Jabil assigned RMA number. Jabil will analyze any such RMA Product and, if a breach of warranty is found ("Defect"), then Jabil will repair or replace the RMA Product within fifteen twenty (15 20) business days of receipt by Jabil of the RMA Product and all required associated documentation. In the event a Defect is found, Jabil will reimburse Company SKYE for the reasonable cost of transporting the RMA Product to Jabil’s 's designated repair facility and Jabil will deliver the repaired RMA Product or its replacement, FCA Company’s FOB SKYE's designated destination. [***] If no such Defect is found, SKYE shall reimburse Jabil for all fees, costs and expenses incurred to analyze and, if requested by CompanySKYE, repair or replace the non-Defective RMA Product and [***]SKYE shall bear responsibility for all transportation costs to and from Jabil's designated repair facility.

Appears in 1 contract

Samples: Manufacturing Services Agreement (Skye International, Inc)

Repair or Replacement of Defective Product. In accordance with Jabil’s standard return material authorization process and procedure (“RMA”), Jabil will either repair or replace, in its sole discretiondiscretion and cost, any Product that contains a defect caused by a breach of does not conform to the warranty set forth out in this Section 5 5.1 provided that the Product is received within thirty (30) days following the end of any applicable Warranty Period (“RMA Product”)) . If Company desires to return a Product based on a claim of breach of the warranty set forth in this Section 5, Company or its agent shall request an RMA number from Jabil. Company shall then consign the alleged defective Product, FOB Jabil’s designated repair facility, and specify the Jabil assigned RMA number. Jabil will analyze any such RMA Product and, if a breach of warranty is found (“Defect”), then Jabil will repair or replace the RMA Product within fifteen (15 15) business days of receipt by Jabil of the RMA Product and all required associated documentation. In the event a Defect is found, Jabil will reimburse Company for the reasonable cost of transporting the RMA Product to Jabil’s designated repair facility and Jabil will deliver the repaired RMA Product or its replacement, FCA at Jabil’s own expense to Company’s designated destination. [***] If no such Defect is found, Company shall reimburse Jabil for all fees, costs and expenses incurred to analyze and, if requested by Company, repair or replace the non-Defective alleged RMA Product and [***]Company shall bear responsibility for all transportation costs to and from Jabil’s designated repair facility.

Appears in 1 contract

Samples: Manufacturing Services Agreement (PreMD Inc.)

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Repair or Replacement of Defective Product. In accordance with Jabil’s 's standard return material authorization process and procedure ("RMA"), Jabil will either repair or replace, in its sole discretion, any Product that contains a defect caused by a breach of the warranty set forth in this Section 5 provided that the Product is received within thirty (30) days following the end of any applicable Warranty Period ("RMA Product"). If Company Digital desires to return a Product based on a claim of breach of the warranty set forth in this Section 5, Company Digital shall request an RMA number from Jabil. Company Digital shall then consign the alleged defective Product, FOB Jabil’s 's designated repair facility, and specify the Jabil assigned RMA number. Jabil will analyze any such RMA Product and, if a breach of warranty is found ("Defect"), then Jabil will repair or replace the RMA Product within fifteen twenty (15 20) business days of receipt by Jabil of the RMA Product and all required associated documentation. In the event a Defect is found, Jabil will reimburse Company Digital for the reasonable cost of transporting the RMA Product to Jabil’s 's designated repair facility and Jabil will deliver the repaired RMA Product or its replacement, FCA Company’s FOB Digital's designated destination. [***] If no such Defect is found, Digital shall reimburse Jabil for all fees, costs and expenses incurred to analyze and, if requested by CompanyDigital, repair or replace the non-Defective RMA Product and [***]Digital shall bear responsibility for all transportation costs to and from Jabil's designated repair facility.

Appears in 1 contract

Samples: Manufacturing Services Agreement (Digital Lightwave Inc)

Repair or Replacement of Defective Product. In accordance with Jabil’s standard return material authorization process and procedure (“RMA”), Jabil will either repair or replace, in its sole discretion, any Product that contains a defect caused by a breach of the warranty set forth in this Section 5 provided that the Product is received within thirty (30) days following the end of any applicable Warranty Period (“RMA Product”). If Company desires to return a Product based on a claim of breach of the warranty set forth in this Section 5, Company shall request an RMA number from Jabil. Company shall then consign the alleged defective Product, FOB Jabil’s designated designated. repair facility, and specify the Jabil assigned RMA number. Jabil will analyze any such RMA Product and, if a breach of warranty is found (“Defect”), then Jabil will repair or replace the RMA Product within fifteen twenty (15 20) business days of receipt by Jabil of the RMA Product and all required associated documentation. In the event a Defect is found, Jabil will reimburse Company for the reasonable cost of transporting the RMA Product to Jabil’s designated repair facility and Jabil will deliver the repaired RMA Product or its replacement, FCA FOB Company’s designated destination. [***] If no such Defect is found, Company shall reimburse Jabil for all fees, costs and expenses incurred to analyze and, if requested by Company, Jabil will repair or replace the non-Defective RMA Product at a mutually agreed upon price and [***]Company shall bear responsibility for all transportation costs to and from Jabil’s designated facility.

Appears in 1 contract

Samples: Manufacturing Services Agreement (ShoreTel Inc)

Repair or Replacement of Defective Product. In accordance with Jabil’s standard return material authorization process and procedure (“RMA”), Jabil will either repair or replace, in its sole discretion, any Product that contains a defect caused by a breach of the warranty set forth in this Section 5 provided that the Product is received within thirty (30) [***] days following the end of any applicable Warranty Period (“RMA Product”). If Company desires to return a Product based on a claim of breach of the warranty set forth in this Section 5, Company shall request an RMA number from Jabil. Company shall then consign the alleged defective Product, FOB Jabil’s designated repair facility, and specify the Jabil assigned RMA number. Jabil will analyze any such RMA Product and, if a breach of warranty is found (“Defect”), then Jabil will repair or replace the RMA Product within fifteen (15 ) [***] business days of receipt by Jabil of the RMA Product and all required associated documentation. In the event a Defect is found, Jabil will reimburse Company for the reasonable cost of transporting the RMA Product to Jabil’s designated repair facility and Jabil will deliver the repaired RMA Product or its replacement, FCA Company’s designated destination. [***] incurred to analyze and, if requested by Company, repair or replace the non-Defective RMA Product and [***].

Appears in 1 contract

Samples: Manufacturing Services Agreement (Ulthera Inc)

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