Common use of WARRANTIES AND EXCLUSIVE REMEDY Clause in Contracts

WARRANTIES AND EXCLUSIVE REMEDY. Fresenius Kabi warrants that all Products furnished hereunder will conform to the applicable specifications, drawings or descriptions and will not be adulterated or misbranded within the meaning of the United States Federal Food, Drug and Cosmetic Act. FRESENIUS KABI HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, RELATED TO PRODUCTS SOLD OR SERVICES PROVIDED BY FRESENIUS KABI, THIRD PARTIES OR AFFILIATES OF FRESENIUS KABI, AS WELL AS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF NON-INFRINGEMENT. If any Products are found and reported within one (1) year (for spare parts, within three (3) months) from date of delivery to have been defective when delivered (any shortcoming which prevent performance to specified standards, if any, set forth in the specifications being deemed a defect) and provided immediate notification in writing is given to Fresenius Kabi, Fresenius Kabi will replace or repair such defects (defects caused by normal wear are excluded from warranty replacement). During repair, risk of loss will remain with Customer. Replacement of Products or parts thereof manufactured or supplied by others is subject to that manufacturer’s or supplier’s consent. No Products can be returned without Xxxxxxxxx Xxxx’s prior written consent. The remedies of Customer set forth herein are exclusive and the total liability of Xxxxxxxxx Xxxx with respect to the performance or breach of this contract in connection with the manufacture, sale, delivery, installation or repair of the Products hereunder. The technical direction covered by or furnished under this contract is limited to making within the time period set forth above such modifications as may be necessary to achieve performance to specified standards, if any, and to repairing any defective Products that have been identified by Customer. If Fresenius Kabi and Customer are unable to correct a defective or non-conforming Product, Xxxxxxxxx Xxxx’s sole liability shall be to repay any portion of the purchase price paid for it upon Customer returning it to Xxxxxxxxx Xxxx. Any modifications to Products without Xxxxxxxxx Xxxx’s prior written approval, improper use of Products, whether intentional or unintentional, operation beyond capacity, failure to report to Fresenius Kabi within the warranty period, substitution or addition of components or parts, lack of proper maintenance, abuse, improper installation, or abnormal conditions of temperature, moisture or corrosive matter, or alteration or repair by others in such manner which in Fresenius Kabi’s judgment affects the Product materially and adversely shall void the foregoing warranty.

WARRANTIES AND EXCLUSIVE REMEDY. Fresenius Kabi warrants that all Products articles furnished hereunder will be merchantable, free from defects in material and workmanship, and will conform to the applicable specifications, drawings or descriptions and will not be adulterated or misbranded within the meaning of the United States Federal Food, Drug and Cosmetic Actdescriptions. FRESENIUS KABI HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, RELATED TO PRODUCTS SOLD OR SOLD, SERVICES PROVIDED BY FRESENIUS KABI, THIRD PARTIES OR AFFILIATES OF FRESENIUS KABI, AS WELL AS INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF NON-INFRINGEMENT. If any Products are found and reported within one (1) year (for spare parts, within three (3) months) from date of delivery to have been defective when delivered (any shortcoming which prevent performance to specified standards, if any, set forth in the specifications being deemed a defect) and provided immediate notification in writing is given to Fresenius Kabi, Fresenius Kabi will replace or repair such defects (defects caused by normal wear are excluded from warranty replacement). During repair, risk of loss will remain with Customer. Replacement of Products or parts thereof manufactured or supplied by others is subject to that manufacturer’s or supplier’s consent. No Products can be returned without Xxxxxxxxx XxxxFresenius Kabi’s prior written consent. The remedies of Customer set forth herein are exclusive and the total liability of Xxxxxxxxx Xxxx Fresenius Kabi with respect to the performance or breach of this contract in connection with the manufacture, sale, delivery, installation or repair of the Products hereunder. The , or the technical direction covered by or furnished under this contract is limited to making within the time period set forth above such modifications as may be necessary to achieve performance to specified standards, if any, and to repairing any defective Products that have been identified by Customer. If Fresenius Kabi and Customer are unable to correct a defective or non-conforming Product, Xxxxxxxxx XxxxFresenius Kabi’s sole liability shall be to repay any portion of the purchase price paid for it upon Customer returning it to Xxxxxxxxx XxxxFresenius Kabi. Any modifications to Products without Xxxxxxxxx XxxxFresenius Kabi’s prior written approval, improper use of Products, whether intentional or unintentional, operation beyond capacity, failure to report to Fresenius Kabi within the warranty period, substitution or addition of components or parts, lack of proper maintenance, abuse, improper installation, or abnormal conditions of temperature, moisture or corrosive matter, or alteration or repair by others in such manner which in Fresenius Kabi’s judgment affects the Product materially and adversely shall void the foregoing warranty.

WARRANTIES AND EXCLUSIVE REMEDY. Fresenius Kabi Fenwal warrants that all Products articles furnished hereunder will be merchantable, free from defects in material and workmanship, and will conform to the applicable specifications, drawings or descriptions and will not be adulterated or misbranded within the meaning of the United States Federal Food, Drug and Cosmetic Actdescriptions. FRESENIUS KABI FENWAL HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED, RELATED TO PRODUCTS SOLD, SERVICES PROVIDED BY THIRD PARTIES OR AFFILIATES OF FENWAL, INCLUDING, WITHOUT LIMITATION, RELATED TO PRODUCTS SOLD OR SERVICES PROVIDED BY FRESENIUS KABI, THIRD PARTIES OR AFFILIATES OF FRESENIUS KABI, AS WELL AS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF NON-INFRINGEMENT. If any Products products are found and reported within one (1) year (for spare parts, within three (3) months) from date of delivery to have been defective when delivered (any shortcoming which prevent performance to specified standards, if any, set forth in the specifications being deemed a defect) and provided immediate notification in writing is given to Fresenius KabiFenwal, Fresenius Kabi Fenwal will replace or repair such defects (defects caused by normal wear are excluded from warranty replacement). During repair, risk of loss will remain with CustomerBuyer. Replacement of Products or parts thereof products manufactured or supplied by others is subject to that manufacturer’s or supplier’s consent. No Products products can be returned without Xxxxxxxxx XxxxFenwal’s prior written consent. The remedies of Customer Buyer set forth herein are exclusive and the total liability of Xxxxxxxxx Xxxx Fenwal with respect to the performance or breach of this contract in connection with the manufacture, sale, delivery, installation or repair of the Products hereunder. The , or the technical direction covered by or furnished under this contract is limited to making within the time period set forth above such modifications as may be necessary to achieve performance to specified standards, if any, and to repairing any defective Products products that have been identified by CustomerBuyer. If Fresenius Kabi Fenwal and Customer Buyer are unable to correct a defective or non-conforming Productproduct, Xxxxxxxxx XxxxFenwal’s sole liability shall be to repay any portion of the purchase price paid for it upon Customer Buyer returning it to Xxxxxxxxx XxxxFenwal. Any modifications to Products without Xxxxxxxxx XxxxFenwal’s prior written approval, improper use of Products, whether intentional or unintentional, operation beyond capacity, failure to report to Fresenius Kabi Fenwal within the warranty period, substitution or addition of components or parts, lack of proper maintenance, abuse, improper installation, or abnormal conditions of temperature, moisture or corrosive matter, or alteration or repair by others in such manner which in Fresenius KabiFenwal’s judgment affects the Product materially and adversely shall void the foregoing warranty.

WARRANTIES AND EXCLUSIVE REMEDY. Fresenius Kabi warrants that all Products furnished hereunder will conform to the applicable specifications, drawings or descriptions and will not be adulterated or misbranded within the meaning of the United States Federal Food, Drug and Cosmetic Act. FRESENIUS KABI HEREBY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, RELATED TO PRODUCTS SOLD OR SERVICES PROVIDED BY FRESENIUS KABI, THIRD PARTIES OR AFFILIATES OF FRESENIUS KABI, AS WELL AS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTY OF NON-INFRINGEMENT. If any Products are found and reported within one (1) year (for spare parts, within three (3) months) from date of delivery to have been defective when delivered (any shortcoming which prevent performance to specified standards, if any, set forth in the specifications being deemed a defect) and provided immediate notification in writing is given to Fresenius Kabi, Fresenius Kabi will replace or repair such defects (defects caused by normal wear are excluded from warranty replacement). During repair, risk of loss will remain with Customer. Replacement of Products or parts thereof manufactured or supplied by others is subject to that manufacturer’s or supplier’s consent. No Products can be returned without Xxxxxxxxx Xxxx’s prior written consent. The remedies of Customer set forth herein are exclusive and the total liability of Xxxxxxxxx Xxxx Fresenius Kabi with respect to the performance or breach of this contract in connection with the manufacture, sale, delivery, installation or repair of the Products hereunder. The technical direction covered by or furnished under this contract is limited to making within the time period set forth above such modifications as may be necessary to achieve performance to specified standards, if any, and to repairing any defective Products that have been identified by Customer. If Fresenius Kabi and Customer are unable to correct a defective or non-conforming Product, Xxxxxxxxx Xxxx’s sole liability shall be to repay any portion of the purchase price paid for it upon Customer returning it to Xxxxxxxxx Xxxx. Any modifications to Products without Xxxxxxxxx Xxxx’s prior written approval, improper use of Products, whether intentional or unintentional, operation beyond capacity, failure to report to Fresenius Kabi within the warranty period, substitution or addition of components or parts, lack of proper maintenance, abuse, improper installation, or abnormal conditions of temperature, moisture or corrosive matter, or alteration or repair by others in such manner which in Fresenius Kabi’s judgment affects the Product materially and adversely shall void the foregoing warranty.