REPAIRS NOT COVERED UNDER WARRANTY. In addition to repairs provided for in the "WARRANTY" section Supplier shall provide repair service on all MATERIAL ordered under this Agreement during the term of this Agreement and until * * * after the expiration of this Agreement. MATERIAL to be repaired under this section will be returned to a location designated by Supplier, and unless otherwise agreed upon by Supplier and Company, Supplier shall ship the repaired MATERIAL which meets the Specifications set forth in the "SPECIFICATIONS OR DRAWINGS" section and all other Specifications within ten (10) business days of receipt of the defective or non-conforming MATERIAL. With the concurrence and scheduling of Company, repair may be made by Supplier on site. If MATERIAL is returned to Supplier for repair as provided for in this section and is determined to be beyond repair, Supplier shall so notify Company. If requested by Company, Supplier will sell to Company a replacement at the price set forth in Supplier's then current agreement with Company for said MATERIAL or, if no such agreement exists, at a price agreed upon by Supplier and Company. If the parties fail to agree on a price, the price shall be a reasonably competitive price for such MATERIAL at the time for delivery. Further, if requested by Company, Supplier shall take the necessary steps to dispose of the unrepairable MATERIAL and pay to Company the salvage value, if any. Replacement and repaired MATERIAL shall be warranted as set forth in the "WARRANTY" section. This Agreement does not grant Supplier an exclusive privilege to repair any or all of the MATERIAL purchased under this Agreement for which Company may require repair; and Company may perform the repairs or contract with others for these services. In addition, Supplier authorizes Company and any qualified repairer with whom Company may contract to perform repairs on all MATERIAL purchased under this Agreement. Not withstanding any provision of this Agreement to the contrary, any MATERIAL not repaired by Supplier shall not be covered by any warranty hereunder. 20 Agreement No. SC11990054 Sheet 20 of 28 All transportation costs of and in transit risk of loss and damage to MATERIAL returned to Supplier for repair under this section will be borne by Company and all transportation costs of and in transit risk of loss and damage to such repaired or replacement MATERIAL returned to Company will be borne by Company. Price schedules for repairs under this section are listed in APPENDIX A.
REPAIRS NOT COVERED UNDER WARRANTY. 5.2.1 In addition to repairs provided for in Section 5.1 and subject to Section 5.3 hereof, Supplier agrees to provide repair service on all Product ordered under this Agreement during the term of this Agreement. Product to be repaired under this Section will be returned to a location designated by Supplier, and unless otherwise agreed upon by Supplier and Lucent, Supplier shall ship the repaired Product, or a replacement Product pursuant to Section 5.2.2, within [***] following return of the defective or non-conforming Product. With the concurrence and scheduling of Lucent, repair may be made by Supplier on site.
5.2.2 If Product is returned to Supplier for repair as provided for in this Section and is determined to be beyond repair, Supplier shall so notify Lucent. If requested by Lucent, Supplier will sell to Lucent a replacement at the price set forth in Supplier's then current agreement with Lucent for said Product or, if no such agreement exists, at a price agreed upon by Supplier and Lucent. Further, if requested by Lucent, Supplier shall take the necessary steps to dispose of the irreparable Product and pay to Lucent the salvage value, if any, less all reasonable costs to the Supplier for the disposal.
5.2.3 All transportation costs of in transit risk of loss and damage to Product returned to Supplier for repair under this Section will be borne by Lucent and all transportation costs of and in transit risk of loss and damage to such repaired or replacement Product returned to Lucent will be borne by Supplier.
5.2.4 Price schedules for repairs under this Section are listed in Appendix 1.
5.2.5 Within sixty (60) days after the Effective Date, Lucent's and Supplier's repair groups shall establish a repair plan in support of the implementation of this Section, which shall include, but is not limited to, the following items:
(A) the respective roles and responsibilities of the Parties; and
(B) the Product flow to ensure timely return of repaired Product or replacement of defective Product to a customer.
REPAIRS NOT COVERED UNDER WARRANTY. In addition to repairs covered in the Section above, Synnex shall provide repair services on all Products for at least five (5) years after the Warranty Period has expired at the rates set forth in the Repair Service Level Agreement attached hereto as Exhibit B.
REPAIRS NOT COVERED UNDER WARRANTY. In addition to the repairs provided for under the section entitled "Warranty", upon request by CINGULAR, SUPPLIER shall make available to CINGULAR a repair and return option and an exchange option that shall apply to any Material with respect to which the applicable warranty period has expired. The availability of the options described in this section shall not be construed as altering or affecting responsibility for risk of loss of or damage to the Material, as provided elsewhere in this Agreement.
a. Repair, and Exchange Options
1. Under these options, if CINGULAR elects to have any Material or Product repaired or exchanged, CINGULAR may return such Material or Product to SUPPLIER at a location designated by SUPPLIER. If CINGULAR elects the repair and return option, SUPPLIER shall repair such Material or Product and place it in good operating condition for SUPPLIER's then current price for such repair service, less [***], plus freight charges and any applicable taxes. If CINGULAR elects the exchange option, SUPPLIER shall promptly replace such Material or Product with a comparable, factory-tested, refurbished Material, if available, which shall meet current Material Specifications. Such replacement shall be at SUPPLIER's standard charges for the replacement Material [***], plus freight charges and any applicable taxes.
2. If any Material or Product returned to SUPPLIER for repair and return, as provided in this section, is determined to be beyond repair, or if repair costs are expected to exceed the cost of replacement, SUPPLIER shall so notify CINGULAR. If requested by CINGULAR, SUPPLIER shall replace said Material or Product pursuant to the exchange option and, if so requested by CINGULAR, shall dispose of said Material or Product with sound commercial practices, and pay to CINGULAR the salvage value, if any.
REPAIRS NOT COVERED UNDER WARRANTY. 10.1. In addition to repairs provided for in the warranty sections, ECSI will, during the Term and for a period of 5 years thereafter, provide repair services for such reasonable charges as may from time to time be specified by ECSI. Products to be repaired under this Section must be returned by Contractor to a location designated by ECSI. The repaired product or product component will be shipped to Contractor.
10.2. It is understood that, to facilitate the process of product or product components returned to ECSI for non-warranty repair, new factory reconditioned, refurbished, remanufactured, or functionally equivalent replacement product component may be shipped. Replacement and repaired product or product components shall be warranted for a period of three (3) months from the date of installation.
10.3. All transportation costs, custom duties, risk of loss and damage to product or product components returned for repair under this section will be borne by Contractor, and all transportation costs, custom duties, and in-transit risk of loss and damage to such repaired or replacement product or product components returned to Contractor will be borne by Contractor.
REPAIRS NOT COVERED UNDER WARRANTY. 12.1. In addition to repairs provided for in the warranty sections, MSGI will, during the Term and for a period of 5 years thereafter, provide repair services for such reasonable charges as may from time to time be specified by MSGI. Products to be repaired under this Section must be returned by Contractor to a location designated by MSGI. The repaired product or product component will be shipped to Contractor.
12.2. It is understood that, to facilitate the process of product or product components returned to MSGI for non-warranty repair, new factory reconditioned, refurbished, remanufactured, or functionally equivalent replacement product component may be shipped. Replacement and repaired product or product components shall be warranted for a period of three (3) months from the date of installation.
12.3. All transportation costs, custom duties, risk of loss and damage to product or product components returned for repair under this section will be borne by Contractor, and all transportation costs, custom duties, and in-transit risk of loss and damage to such repaired or replacement product or product components returned to Contractor will be borne by MSGI.
REPAIRS NOT COVERED UNDER WARRANTY. EB or a third party appointed by EB shall repair or replace Products not covered by the warranty in Section 15.1 upon its customary terms and conditions (including prices), as long as EB is still manufacturing such Products or repair parts or the relevant repair parts are available in the after-market (whether or not produced by EB), but in any event for a period through the Discontinued Availability Date. This Agreement does not xxxxx XX an exclusive privilege to repair Products purchased under this Agreement after the applicable warranty period, and TerreStar may contract with others for this service or perform such service itself. EB will provide repair and return services in accordance with its customary terms and conditions (including prices).
REPAIRS NOT COVERED UNDER WARRANTY. 19 25. INDEMNITY..................................................................20 26.
REPAIRS NOT COVERED UNDER WARRANTY. 69.1 With respect to repairs not covered under the clause entitled "WARRANTIES," Supplier agrees to provide repair Services at Supplier's then prevailing rates on all Goods ordered hereunder for a period of ten (10) years from the shipment of such Goods. Goods to be repaired or replaced under this clause will be returned to a location designated by Supplier. Goods returned to Supplier must be accompanied by Supplier's RETURN/REPAIR form. Unless otherwise agreed upon by Supplier and Buyer, Supplier shall ship the repaired or replacement Goods within twenty-one (21) days after receipt of the defective Goods. With the concurrence of Buyer, repair may be made by Supplier on site as scheduled by Buyer.
69.2 All Systems not covered by warranty will be subject to an evaluation by Supplier when returned for repair, to determine if said Goods are repairable. For the purpose of this clause, Systems shall mean PDU-20's (simplex or duplex) and UTS-4000's (simplex or duplex). The evaluation will include and will not be limited to, diagnostic, environmental and live System testing.
REPAIRS NOT COVERED UNDER WARRANTY. (A) In addition to repairs provided for under the "Warranty" section of this policy, Sequiam agrees to provide repair services on all Product(s) ordered hereunder during the respective periods during which Product(s) is manufactured by Sequiam, and for a period of one (1) year after Product(s) has been Sequiam discontinued.
(B) Repair pursuant to this Article II shall be performed and billed at Sequiam's prevailing repair charge rates.
