Replacement Product. In order to avoid or limit any liability for infringement, the Company may, at any time and irrespective of whether it will be obligated to do so by order of any court, at its own expense and option, replace any Product with a non-infringing item providing substantially the same performance.
Replacement Product. 4.5.1 If the ordered Product has been replaced with a new product with essentially the same characteristics, the Supplier may deliver the replacement product instead of the ordered product.
Replacement Product. Any software or maintained hardware product for which Contractor may replace any or all components of the Licensed Software or hardware during the Term of this Contract, as further specified in Paragraph 13.4 (Continuous Product Support) of this Contract.
Replacement Product. Where new Product is purchased as replacement for original Product during the Limited Warranty period, the new Limited Warranty shall apply to the new Product but only for the unexpired portion of the Limited Warranty period relating to the original Product. SOLE WARRANTY. THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER GUARANTEES AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND SHALL NOT BE EXTENDED OR ALTERED EXCEPT BY WRITTEN INSTRUMENT SIGNED BY THE MANUFACTURER AND THE OWNER. THERE ARE NO WARRANTIES OR GUARANTEES WHICH EXTEND BEYOND THE DESCRIPTION SET FORTH IN THIS LIMITED WARRANTY. LIMITATION OF LIABILITY. Obligations under this Limited Warranty are applicable to Products manufactured by the Manufacturer on or after January 1, 2014. THE TOTAL MANUFACTURER OBLIGATION TO THE OWNER FOR THE DURATION OF THIS LIMITED WARRANTY SHALL BE LIMITED TO THE ORIGINAL PURCHASE PRICE FOR THE ELIGIBLE PRODUCTS. IN NO INSTANCE SHALL THE MANUFACTURER BE RESPONSIBLE FOR OTHER DIRECT DAMAGES, OR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OF ANY NATURE OR KIND, ARISING FROM THE USE OF THE PRODUCT, EVEN IF THE MANUFACTURER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL THE MANUFACTURER BE LIABLE FOR DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OF ANY NATURE OR KIND, TO THE STRUCTURE OR BUILDING UPON WHICH THE PRODUCT IS INSTALLED OR TO ITS CONTENTS, OR OCCUPANTS. THIS LIMITED WARRANTY DOES NOT COVER ANY DAMAGE TO THE PRODUCTS DIRECTLY OR INDIRECTLY, OR WHOLLY OR PARTIALLY ATTRIBUTABLE TO PROLONGED EXPOSURE TO NATURAL ELEMENTS OR LIGHTNING, FIRE, HURRICANE, TORNADO OR OTHER ACT OF GOD.
Replacement Product. CUSTOMER may choose to reallocate a cGMP Batch reservation to an alternative Product, on not less than 6 months’ written notice to NOVASEP prior to the start of that cGMP Batch manufacture. NOVASEP will use its best efforts to accommodate CUSTOMER’S request, at no extra cost to CUSTOMER save any reasonable transfer costs and product-specific fees to be mutually agreed in advance in writing (for example, but without limitation, Product-specific analytical methods).
Replacement Product. In the event that Cardinal Health bears responsibility for the failure of Product, promptly following the rejection of any Product, MedImmune shall deliver sufficient quantities of Primary Product to the MedImmune Facility in order for Cardinal Health to comply with Section 7.3(c) provided that the production and delivery of such additional Primary Product is reasonably feasible, and can reasonably result in the delivery of completed final Product by Cardinal Health in sufficient time for market distribution. All direct costs incurred by MedImmune in connection with acquiring, producing and delivering such quantities of Primary Product shall be the sole responsibility of Cardinal Health, subject to the limitations set forth in Section 6.3(c) and Section 9.2. In accordance with the terms of Sections 6.6 and 6.7, Cardinal Health shall perform Secondary Production to deliver to MedImmune the amount of Product originally ordered for the rejected delivery and shall do so as promptly as technically feasible.
Replacement Product. If the problem cannot be resolved remotely, Authorized Service Provider will replace the failed product with a new or equivalent-to-new product free of major cosmetic defects. The failed product must be returned within the timeframe specified herein and becomes the property of Authorized Service Provider. Calls must be received before 2:30 pm Central Standard Time, Monday through Friday, to activate an exchange service with next-business-day delivery for eligible geographic locations in the U.S. Authorized Service Provider holidays may delay the delivery. This service provides a replacement product the next business day in most areas within the continental United States and in limited areas of Hawaii and Alaska. Add 1 to 2 business days for service in Hawaii and Alaska. Service is not available within Puerto Rico and the Virgin Islands. Service level and response times may vary depending on the customer’s geographical location. The customer should check with an Authorized Service Provider representative to determine if the customer’s location is eligible for this service. Other restrictions and limitations apply.
Replacement Product. This warranty shall not be expanded, and no obligation or liability will arise, due to technical advice or assistance, data, facilities or services that may be provided in connection with the purchase. The replacement Product(s) shall be warranted for the remaining term of the warranty on the originally delivered Product.
Replacement Product. “Replacement Product” shall have the definition set forth in the Power Purchase Agreement.
Replacement Product. If the problem cannot be resolved remotely, HP will replace the failed product with a new or equivalent-to-new product free of major cosmetic defects. The failed product must be returned within the timeframe specified herein and becomes the property of HP.
