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Common use of WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES Clause in Contracts

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 7.1 Oracle provides a limited warranty (“Oracle Hardware Warranty”) for (i) the Hardware, (ii) the Operating System and the Integrated Software and the Integrated Software Options, and (iii) the Operating System media, the Integrated Software media and the Integrated Software Options media (“media”, and (i), (ii) and (iii) collectively, “Hardware Items”). Oracle warrants that the Hardware will be free from, and using the Operating System and Integrated Software and Integrated Software Options will not cause in the Hardware, material defects in materials and workmanship for one year from the date the Hardware is delivered to You. Oracle warrants that the media will be free from material defects in materials and workmanship for a period of 90 days from the date the media is delivered to You. You may access a more detailed description of the Oracle Hardware Warranty at xxxx://xxx.xxxxxx.xxx/us/support/policies/index.html (“Warranty Web Page”). Any changes to the Oracle Hardware Warranty specified on the Warranty Web Page will not apply to Hardware or media ordered prior to such change. The Oracle Hardware Warranty applies only to Hardware and media that have been (1) manufactured by or for Oracle, and (2) sold by Oracle (either directly or by an Oracle-authorized distributor). The Hardware may be new or like new. The Oracle Hardware Warranty applies to Hardware that is new and Hardware that is like-new which has been remanufactured and certified for warranty by Oracle. 7.2 Oracle also warrants that technical support services and Hardware-related Service Offerings (as referenced in section 6 above) ordered and provided under this Schedule H will be provided in a professional manner consistent with industry standards. You must notify Oracle of any technical support service or Hardware-related Service Offerings warranty deficiencies within 90 days from performance of the deficient technical support service or Hardware-related Service Offerings.

Appears in 25 contracts

Samples: Master Agreement, General Terms Agreement, General Terms Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 7.1 Oracle provides a limited warranty (“Oracle Hardware Warranty”) for (i) the Hardware, (ii) the Operating System and the Integrated Software and the Integrated Software Options, and (iii) the Operating System media, the Integrated Software media and the Integrated Software Options media (“media”, and (i), (ii) and (iii) collectively, “Hardware Items”). Oracle warrants that the Hardware will be free from, and using the Operating System and Integrated Software and Integrated Software Options will not cause in the Hardware, material defects in materials and workmanship for one year from the date the Hardware is delivered to You. Oracle warrants that the media will be free from material defects in materials and workmanship for a period of 90 days from the date the media is delivered to You. You may access a more detailed description of the Oracle Hardware Warranty at xxxx://xxx.xxxxxx.xxx/us/support/policies/index.html (“Warranty Web Page”). Any changes to the Oracle Hardware Warranty specified on the Warranty Web Page will not apply to Hardware or media ordered prior to such change. The Oracle Hardware Warranty applies only to Hardware and media that have been (1) manufactured by or for Oracle, and (2) sold by Oracle (either directly or by an Oracle-Oracle- authorized distributor). The Hardware may be new or like new. The Oracle Hardware Warranty applies to Hardware that is new and Hardware that is like-new which has been remanufactured and certified for warranty by Oracle. 7.2 Oracle also warrants that technical support services and Hardware-related Service Offerings (as referenced in section 6 above) ordered and provided under this Schedule H will be provided in a professional manner consistent with industry standards. You must notify Oracle of any technical support service or Hardware-related Service Offerings warranty deficiencies within 90 days from performance of the deficient technical support service or Hardware-related Service Offerings.

Appears in 1 contract

Samples: Master Agreement

WARRANTIES, DISCLAIMERS AND EXCLUSIVE REMEDIES. 7.1 Oracle provides a limited warranty (“Oracle Hardware Warranty”) for (i) the Hardware, (ii) the Operating System and the Integrated Software and the Integrated Software Options, and (iii) the Operating System media, the Integrated Software media and the Integrated Software Options media (“media”, and (i), (ii) and (iii) collectively, “Hardware Items”). Oracle warrants that the Hardware will be free from, and using the Operating System and Integrated Software and Integrated Software Options will not cause in the Hardware, material defects in materials and workmanship for one year from the date the Hardware is delivered to You. Oracle warrants that the media will be free from material defects in materials and workmanship for a period of 90 days from the date the media is delivered to You. You may access a more detailed description of the Oracle Hardware Warranty at xxxx://xxx.xxxxxx.xxx/us/support/policies/index.html (“Warranty Web Page”). Any changes to the Oracle Hardware Warranty specified on the Warranty Web Page will not apply to Hardware or media ordered prior to such change. The Oracle Hardware Warranty applies only to Hardware and media that have been (1) manufactured by or for Oracle, and (2) sold by Oracle (either directly or by an Oracle-authorized distributor). The Hardware may be new or like new. The Oracle Hardware Warranty applies to Hardware that is new and Hardware that is like-new which has been remanufactured and certified for warranty by Oracle. 7.2 Oracle also warrants that technical support services and Hardware-related Service Offerings (as referenced in section 6 above) ordered and provided under this Schedule H will be provided in a professional manner consistent with industry standards. You must notify Oracle of any technical support service or Hardware-related Service Offerings warranty deficiencies within 90 days from performance of the deficient technical support service or Hardware-related Service Offerings. 7.3 For any breach of the above warranties, Your exclusive remedy and Oracle’s entire liability shall be: (i) the repair or, at Oracle’s option and expense, replacement of the defective Hardware item, or if such repair or replacement is not reasonably achievable, the refund of the fees You paid Oracle for the defective Hardware item and the refund of any unused prepaid technical support fees You have paid for the defective Hardware item; or (ii) the reperformance of the deficient Hardware-related Service Offerings; or, if Oracle cannot substantially correct the deficiency in a commercially reasonable manner, You may end the deficient Hardware-related Service Offerings and recover the fees You paid to Oracle for the deficient Hardware-related Service Offerings. To the extent not prohibited by law, these warranties are exclusive and there are no other express or implied warranties, guarantees or conditions with respect to the above items, including any warranties, guarantees or conditions of merchantability and fitness for a particular purpose. 7.4 Replacement units for defective parts or Hardware Items replaced under the Oracle Hardware Warranty may be new or like new quality. Such replacement units assume the warranty status of the Hardware into which they are installed and have no separate or independent warranty of any kind. Title in all defective parts or Hardware Items shall transfer back to Oracle upon removal from the Hardware. 7.5 Oracle does not warrant uninterrupted or error-free operation of the Hardware, Operating System, Integrated Software, Integrated Software Options or media. 7.6 No warranty will apply to any Hardware, Operating System, Integrated Software, Integrated Software Options or media which has been: a. modified, altered or adapted without Oracle’s written consent (including modification or removal of the Oracle/Sun serial number tag on the Hardware); b. maltreated or used in a manner other than in accordance with the relevant documentation; c. repaired by any third party in a manner which fails to meet Oracle’s quality standards; d. improperly installed by any party other than Oracle or an authorized Oracle certified installation partner; e. used with equipment or software not covered by an Oracle warranty, to the extent that the problems are attributable to such use; f. relocated, to the extent that problems are attributable to such relocation; g. used directly or indirectly in supporting activities prohibited by U.S. or other national export regulations; h. used by parties appearing on the then-current U.S. export exclusion list; i. relocated to countries subject to U.S. trade embargo or restrictions; j. used remotely to facilitate any activities for parties or in the countries referenced in 7.6(h) and 7.6(i) above; or k. purchased from any entity other than Oracle or an Oracle authorized reseller. 7.7 The Oracle Hardware Warranty does not apply to normal wear of the Hardware or media. The Oracle Hardware Warranty is extended only to the original purchaser or original lessee of the Hardware and may be void in the event that title to the Hardware is transferred to a third party.

Appears in 1 contract

Samples: General Terms Agreement