Common use of SUPPLY OF REPLACEMENT PARTS Clause in Contracts

SUPPLY OF REPLACEMENT PARTS. (i) Contractor agrees to provide Buyer, upon request, Buyer's requirements of replacement parts or a designee of the Buyer to: (a) provide non-warranty repair services to Buyer's customers, should Contractor not provide such repairs, and (b) provide warranty repair services at authorized third party service centers world-wide selected by the Buyer with Contractor's consent. Buyer shall pay for such replacement parts consistent with Contractor's current spares pricing methodology, plus freight and shipping charges actually incurred by the Contractor. The cost of replacement parts required pursuant to (A) above, including freight and shipping charges, shall be at the Contractor's expense as part of its warranty services. No third party repairs would occur without mutual consent of Contractor and Buyer. (ii) Contractor warrants that for a period of time beginning on the date of delivery to the Buyer or the Buyer's designee of any replacement parts provided pursuant to this Section A, Limited Warranty, and continuing thereafter for ninety (90) days following delivery of such replacement parts to the Buyer's Customer (but in no event to exceed six (6) months from the date of delivery of such replacement parts to the Buyer), each such part shall be free from defects in material and workmanship. In the event any replacement part provided pursuant to this Section does not conform with the above, the Buyer or, at the Buyer's option, the Buyer's designee shall return such replacement part to the Contractor, and the Contractor shall, within seven (7) days following the receipt (dependent on material availability), promptly repair or replace such replacement part without charge and refund to the Buyer or the Buyer's designee freight paid by the Buyer or the Buyer's designee for the original and return shipment, such freight cost not to exceed the then current surface rate, freight charge charged by United Postal Service ("UPS") or, if such UPS freight charge is not readily available, the rate charged by a shipping company similar to UPS.

SUPPLY OF REPLACEMENT PARTS. (i) Contractor agrees to provide Buyer, upon request, Buyerbuyer's requirements of replacement parts parts, schematics, plans and sources of supply or a designee of the Buyer buyer to: (a) provide non-warranty repair services to Buyerbuyer's customers, should Contractor not provide such repairs, and (b) provide warranty repair services at authorized third party service centers world-wide selected by the Buyer with Contractor's consent, which shall not be unreasonably withheld. Buyer shall pay for such replacement parts consistent with Contractor's current spares pricing methodology, plus freight and shipping charges actually incurred by the Contractor. The cost of replacement parts required pursuant to (A) above, including freight and shipping charges, shall be at the Contractor's expense as part of its it's warranty services. No third party repairs would will occur without mutual consent of Contractor and Buyer. (ii) Contractor warrants that for a period of time beginning on the date of delivery to the Buyer or the Buyer's designee of any replacement parts provided pursuant to this Section A, Limited Warranty, and continuing thereafter for ninety (90) days XXXXX following delivery of such replacement parts to the Buyerbuyer's Customer customer (but in no event to exceed six (6) months XXXXX from the date of delivery of such replacement parts to the Buyer), each such part shall be in good working order, and conform to all applicable component of product specifications, and be delivered free from defects in material any claim, security interest or other lien or encumbrance and workmanshipall applicable laws, ordinances, rules, regulations, orders and standards have been complied with. In the event any replacement part provided pursuant to this Section does not conform with the above, the Buyer or, at the Buyer's option, the Buyer's designee shall return such replacement part to the Contractor, and the . The Contractor shall, within seven (7) days following the receipt (dependent on material availability), shall use its best effort to promptly repair or replace such replacement parts. Replacement parts verified as defective will be repaired or replaced without charge. If such parts are returned within thirty days from time of shipment the freight cost of the original shipment will be refunded. (iii) Contractor shall, on a best efforts basis, attempt to assure that any and all component materials and parts for the Products obtained from subcontractors and/or vendors shall be readily available and shall not become obsolete and shall remain in production by the vendor and/or subcontractor for a period of at least three years from FDA pre-market approval of the Product. Should Contractor become aware of any potential obsolescence of a component material or part without charge and refund to the Buyer or the which might impact Buyer's designee freight paid FDA pre-market or market approval of the Product, Contractor will immediately notify Buyer in writing of the situation to enable buyer to determine a proper course of action. Contractor shall monitor the production and availability of major component materials and parts of Products to assure that they continue in production or can be purchased for a period of at least three years following approval by the Buyer or the Buyer's designee FDA for the original and return shipment, such freight cost not to exceed the then current surface rate, freight charge charged by United Postal Service ("UPS") or, if such UPS freight charge is not readily available, the rate charged by a shipping company similar to UPSmarketing of commercial units.

SUPPLY OF REPLACEMENT PARTS. (i) Contractor agrees to provide Buyer, upon request, Buyer's requirements of replacement parts or a designee of the Buyer to: (a) provide non-warranty repair services to Buyer's customers, should Contractor not provide such repairs, and (b) provide warranty repair services at authorized third third-party service centers world-wide selected by the Buyer with Contractor's consent. Buyer shall pay for such replacement parts parts, provided pursuant to (a) above, consistent with Contractor's current spares pricing methodology, plus freight and shipping charges actually incurred by the Contractor. The cost of replacement parts required pursuant to (Ab) above, including freight and shipping charges, shall be at the Contractor's expense as part of its warranty services. No third Contractor shall not provide warranty service through third-party repairs would occur without mutual the consent of Contractor and Buyer. (ii) Contractor warrants that for a period of time beginning on the date of delivery to the Buyer or the Buyer's designee of any replacement parts provided pursuant to this Section A, Limited WarrantyVII. C, and continuing thereafter for ninety (90) days [*] following delivery of such replacement parts to the Buyer's, its subsidiary's Customer or distributor's customer (but in no event to exceed six (6) months more than [*] from the date of delivery of such replacement parts to the BuyerBuyer or its designee or less than the balance of warranty coverage applicable pursuant to Section VII. A., to the Product for which such replacement part is provided), each such part shall be free from defects in material and workmanship. In the event any replacement part provided pursuant to this Section VII does not conform with the above, the Buyer or, at the Buyer's option, the Buyer's designee shall return such replacement part to the Contractor, and the Contractor shall, within seven (7) days following the receipt (dependent on material availability)receipt, promptly repair or replace such replacement part without charge and refund to the Buyer or the Buyer's designee freight paid by the Buyer or the Buyer's designee for the original and return shipment, such freight cost not to exceed the then current surface rate, freight charge charged by United Postal Service ("UPS"') or, if such UPS freight charge is not readily available, the rate charged by a shipping company similar to UPS.