Warranties and Limitation of Remedies. Carrier Access Corporation warrants to Distributor that Products are free from substantial defect in material and workmanship under normal use given proper installation and maintenance for period of five (5) years from the date of shipment by CAC. Distributor will promptly notify CAC of any defect in the Product. CAC or its agent will have the right to inspect the Product or workmanship on Distributor's premises or Distributor's customer's premises. CAC has the option to: (a) repair, replace or service at its factory or on the premises the Product or workmanship found to be defective, or (b) credit BUYER for the PRODUCT in accordance with CAC's depreciation policy. Refurbished material may be used to repair or replace the Product. Products returned to CAC for repair, replacement, or service will be shipped pre-paid by Distributor. LIMITATION OF WARRANTY & LIMITATION OF REMEDIES Correction of defects by repair, replacement, or service will be at CAC's option and constitute fulfillment of all obligations to Distributor for breach of warranty. CAC assumes no warranty liability with respect to defects in the Product caused by:
Warranties and Limitation of Remedies. This pass through applies to those Products purchased from CAC and resold by Distributor without alteration, modification, assembly with other manufacturer's equipment or re- labeling by Distributor.
Warranties and Limitation of Remedies. (a) EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, CMSI MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICES OR PRODUCTS PROVIDED IN CONNECTION WITH THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
(b) CMSI'S LIABILITY TO LICENSEE FOR ANY LOSSES OR DAMAGES, DIRECT OR INDIRECT, ARISING OUT OF THE SUBJECT MATTER OF THIS AGREEMENT WILL BE LIMITED TO THOSE ACTUAL, DIRECT, OUT-OF-POCKET EXPENSES AND COSTS WHICH ARE REASONABLY INCURRED BY LICENSEE, AND WILL NOT EXCEED THE CHARGES WHICH WOULD BE DUE FOR THE THEN CURRENT TWELVE (12) MONTH PERIOD OF SOFTWARE SUPPORT FOR THE SPECIFIC CMSI SOFTWARE MODULE FROM WHICH CMSI'S LIABILITY ARISES. CMSI WILL NOT BE LIABLE FOR: (I) ANY CLAIM ARISING FROM LICENSEE'S FAILURE TO PERFORM LICENSEE'S RESPONSIBILITIES AS DOCUMENTED, OR (II) INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES IN ANY EVENT, OR (III) FOR ANY CLAIM AGAINST LICENSEE BY ANY OTHER PARTY.
Warranties and Limitation of Remedies. (a) Excellon warrants that the Equipment leased hereunder shall be free from defects in material and workmanship in accordance with its standard warranty terms.
(1) During the term of this Lease, Excellon will, at its option, repair or replace any defective Equipment components at no additional expense or labor charges Replacement components will be either reconditioned or new. When returning defective components, PERFORMANCE INTERCONNECT must obtain a return material authorization "RMA" from Excellon, and prepay any shipping costs.
(2) The foregoing warranties do not extend to any (i) disposable or consumable materials supplied for use with the Equipment including but not limited to, collets, hoses, lamps, fuses, cassettes, and other similar items, or (ii) routine adjustments, alignments or repairs due to normal wear or tear.
(3) EXCELLON shall have no obligation to repair or replace any Equipment component (i) which has been modified in any respect without the prior written approval of EXCELLON, (ii) which has been installed, serviced or repaired by PERFORMANCE INTERCONNECT or other third party without the prior written approval of EXCELLON, (iii) which has been damaged due to PERFORMANCE INTERCONNECT's failure to conform to the site and environmental conditions as specified in EXCELLON's installation specifications, (iv) which has been removed from its officially designated location without the prior written approval of EXCELLON, (v) which has been subject to unusual physical or electrical stress, and (vi) which has been damaged or rendered defective by reason of accident neglect, misuse, transportation, or exposure to corrosive agents.
(b) The foregoing warranty is exclusive and in lieu of all other warranties, whether express or implied (including any warranty of merchantability or fitness for particular purpose).
(c) IN NO EVENT SHALL EXCELLON BE LIABLE TO PERFORMANCE INTERCONNET OR OTHER END-USER, ON THE BASIS OF CONTRACT, NEGLIGENCE, STRICT PRODUCTS LIABILITY OROTHERWISE, FOR LOSS OR DAMAGE TO PROPERTY OF PERFORMANCE INTERCONNECT OR OTHERS, INJURY TO PERSONS, LOSS OF USE, EXPENSES INVOLVING COSTS OF CAPITAL, LOSS OF REVENUES OR PROEIT, OR FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES WHATSOEVER
Warranties and Limitation of Remedies. 1. The warranty and limitation of remedies applicable to the goods sold pursuant to these Terms are set forth at xxx.xxxxxxxxxxxxxx.xxx/Xxxxxxxx, and hereby incorporated by reference. THOSE WARRANTIES AND REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES, EXPRESS OR IMPLIED. SELLER EXPRESSLY DIS- CLAIMS ANY AND ALL OTHER WARRANTIES WHATSOEVER, INCLUDING WITH- OUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Warranties and Limitation of Remedies
