Replacement and Upgrade of Xxxxxx Equipment Sample Clauses

Replacement and Upgrade of Xxxxxx Equipment. (i) For a one-year period after the date of installation, Rincon provides a limited warranty against any defect in materials or workmanship in the Xxxxxx Equipment that is warranted by the manufacturer of such Xxxxxx Equipment. During this one-year period, in the event there is a problem with the Xxxxxx Equipment that is, as determined by Rincon in its sole discretion, not a result of action or inaction on the part of Customer (see below for details), and that cannot be corrected either over the telephone or on-site, Xxxxxx will, as its sole obligation and Customer’s sole remedy for such problem, repair or replace such Xxxxxx Equipment at Xxxxxx’x expense. (ii) Rincon shall have no obligation to repair, replace or otherwise upgrade, any Xxxxxx Equipment that has been, in Xxxxxx’x sole discretion, damaged or otherwise requires repair, replacement or upgrade as a result of damage or disruption caused by misuse or neglect or otherwise caused by Customer, including, without limitation, damage or disruption caused by Customer’s failure to comply with Section 2(e) herein or by Customer’s failure to comply with the last sentence of Section 2(a) herein. Customer understands, acknowledges and agrees that this warranty expressly excludes defects in the Xxxxxx Equipment caused by acts of nature (such as, but not limited to, lightning damage), damage from misuse or neglect, water damage, damage caused by Customer’s failure to comply with Section 2(e) herein or damage or other disruption caused by Customer’s failure to comply with the last sentence of Section 2(a) herein. After the one- year warranty period, Customer will be solely liable for any and all damage to any Xxxxxx Equipment. Customer understands, acknowledges and agrees that Xxxxxx may from time to time require upgrades or replacement of the Xxxxxx Equipment to provide continued quality or service, and Customer will be obligated to pay the then-applicable “Equipment Upgrade Fee” as established by Rincon.
Sample 1
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