Common use of Repair or Replacement of Non-Conforming Equipment or Services Clause in Contracts

Repair or Replacement of Non-Conforming Equipment or Services. During the Warranty Period, Buyer’s sole and exclusive remedy shall be limited to the repair or replacement or reperformance of warranted Equipment or Services, location to be at Seller’s option. In the event Seller elects to repair, replace or reperform such Equipment or Services, Buyer will, at its cost, provide Seller with any required offshore transportation and logistics for personnel , and equipment as well as unobstructed access to the Equipment, adequate space in the immediate vicinity of the Equipment, and such facilities and systems, including, without limitation, forklifts, cranes and other equipment, as well as utility connects and disconnects, as may be necessary to facilitate performance by Seller of its obligations under the warranty. At Seller’s option, any such non-conforming Equipment may be returned by Buyer, at Buyer’s expense, to Seller’s factory or authorized factory service center, or repaired in place at Buyer’s facility. Seller shall not be responsible for any charges for labor and/or parts incidental to the removal and re-installation/ remounting of Equipment repaired or replaced under this warranty.

Repair or Replacement of Non-Conforming Equipment or Services. During the Warranty Periodwarranty period, Buyer’s sole and exclusive remedy under the warranty shall be limited to the repair or replacement or reperformance of warranted Equipment or Services, location to be at Seller’s option. In the event Seller elects to repair, replace or reperform repair such Equipment or Services, Buyer will, at its cost, provide Seller with any required offshore transportation and logistics for personnel , and equipment as well as unobstructed access to the Equipment, adequate space in the immediate vicinity of the Equipment, and such facilities and systems, including, without limitation, forklifts, cranes and other equipment, as well as utility connects and disconnects, as may be necessary to facilitate performance by Seller of its obligations under the warranty. At Seller’s option, any such non-conforming Equipment may be returned by Buyer, at Buyer’s expense, to Seller’s factory or authorized factory service center, or repaired in place at Buyer’s facility. Seller shall not be responsible for any charges for labor and/or parts incidental to the removal and re-installation/ remounting of Equipment repaired or replaced under this warranty. The Seller shall pay all reasonable return packaging and transportation costs of a valid warranty claim. The Seller is not liable for the removal of Equipment from, or installation of the Equipment into, any other property to which it may be attached or incorporated.