Common use of Support Services Warranty Clause in Contracts

Support Services Warranty. VCE will perform the Support Services in a professional manner in accordance with generally accepted industry standards. End User will notify VCE of any failure to so within ten (10) days after the date on which such failure first occurs. End User’s exclusive remedy and VCE’s entire liability under the foregoing warranty will be for VCE to, at its option, (i) use commercially reasonable efforts to (a) re-perform the deficient services within a reasonable time, or (b) replace any replacement parts which become defective during a period in which the Product containing the replacement part is covered by warranty or Support Services, or ninety (90) days after installation thereof, whichever occurs later; and (ii) if, after reasonable efforts, VCE is not able correct such deficiencies, then End User has the right to terminate for breach in accordance with section 6(C) of this Support Services Exhibit. EXCEPT AS EXPRESSLY STATED IN THIS SUPPORT EXHIBIT, VCE MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES, WRITTEN OR ORAL. INSOFAR AS PERMITTED UNDER APPLICABLE LAW, ALL OTHER WARRANTIES IN RELATION TO SUPPORT SERVICES ARE SPECIFICALLY EXCLUDED, INCLUDING WARRANTIES ARISING BY STATUTE, COURSE OF DEALINGS OR USAGE OF TRADE.

Appears in 2 contracts

Samples: usermanual.wiki, www.delltechnologies.com

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Support Services Warranty. VCE will EMC shall perform the Support Services in a professional workmanlike manner in accordance with generally accepted industry standards. End User will OEM shall notify VCE EMC of any failure to so perform within ten (10) days after the date on which such failure first occurs. End UserOEM’s exclusive remedy and VCEEMC’s entire liability under the foregoing warranty will shall be for VCE EMC to, at its option, (i) use commercially reasonable efforts to (a) re-perform the deficient services within a reasonable time, or (b) replace any replacement parts which become defective during a period in which the Product containing the replacement part is covered by warranty or Support Services, or ninety sixty (9060) days after installation thereof, whichever occurs later; and (ii) if, after reasonable efforts, VCE EMC is not able correct such deficiencies, then End User OEM has the right to terminate for breach in accordance with section 6(C) 6 F of this Support Services ExhibitAddendum A-1. EXCEPT AS EXPRESSLY STATED IN THIS SUPPORT EXHIBITAddendum A-1, VCE EMC MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES, WRITTEN OR ORAL. INSOFAR AS PERMITTED UNDER APPLICABLE LAW, ALL OTHER WARRANTIES IN RELATION TO SUPPORT SERVICES ARE SPECIFICALLY EXCLUDED, INCLUDING WARRANTIES ARISING BY STATUTE, COURSE OF DEALINGS OR USAGE OF TRADE.

Appears in 1 contract

Samples: Oem Sales Agreement

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Support Services Warranty. VCE DELL EMC will perform the Support Services in a professional manner in accordance with generally accepted industry standards. End User will notify VCE DELL EMC of any failure to so within ten (10) days after the date on which such failure first occurs. End User’s exclusive remedy and VCEDELL EMC’s entire liability under the foregoing warranty will be for VCE DELL EMC to, at its option, (i) use commercially reasonable efforts to (a) re-re- perform the deficient services within a reasonable time, or (b) replace any replacement parts which become defective during a period in which the Product containing the replacement part is covered by warranty or Support Services, or ninety (90) days after installation thereof, whichever occurs later; and (ii) if, after reasonable efforts, VCE DELL EMC is not able correct such deficiencies, then End User has the right to terminate for breach in accordance with section 6(C) of this Support Services Exhibit. EXCEPT AS EXPRESSLY STATED IN THIS SUPPORT EXHIBIT, VCE DELL EMC MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES, WRITTEN OR ORAL. INSOFAR AS PERMITTED UNDER APPLICABLE LAW, ALL OTHER WARRANTIES IN RELATION TO SUPPORT SERVICES ARE SPECIFICALLY EXCLUDED, INCLUDING WARRANTIES ARISING BY STATUTE, COURSE OF DEALINGS OR USAGE OF TRADE.

Appears in 1 contract

Samples: www.delltechnologies.com

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