Common use of Warranty and Remedy Clause in Contracts

Warranty and Remedy. Lessor warrants all Equipment obtained hereunder to be free from defects in material and workmanship in normal service and under normal conditions for one (1) year from date of the initial invoice, and further, that the Equipment obtained under the initial order hereunder is fit for the purposes described in the Data Network Description attached hereto as Exhibit 3 and conforms to the standard specifications at the time of the Order. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS WARRANTY IS VOID AS TO EQUIPMENT AND SOFTWARE LOCATED OUTSIDE OF THE UNITED STATES OF AMERICA. Should a unit of Equipment, which is not subject to an effective Lessor ------------------------------------------- maintenance agreement fail in normal service and under normal conditions through --------------------- no fault of the Lessee during the warranty period, Lessee shall return the failed unit at Lessor's expense to Lessor's point of origin facility. Lessor shall either repair the unit at the factory or furnish a used, refurbished replacement unit for the Lessee. No charges will be made for repair or replacement. Lessee shall connect and adjust the unit in accordance with accompanying instructions. Each repaired or replacement unit of equipment is warranted (as set forth above) for sixty (60) days from the date of shipment of such repaired unit, or the remaining portion of the original Equipment's warranty, whichever is longer. Lessee agrees to pay Lessor's then standard time and material charges for repairs made outside of those covered by the Warranty. For any nonconformance of the Software (if applicable) to its specification which affects performance and is reported to Lessor by Lessee, in writing, during the initial ninety (90) days following deployment, Lessor shall provide an analysis of the problem and workable solution. For Software nonconformances ---------------------------- which are recorded in writing to Lessor by Lessee subsequent to the ------------------------------------------------------------------- aforementioned ninety (90) day Software warranty period, Lessee agrees to pay ------------------------------------------------------- Lessors then current Software charges for analysis and efforts to obtain workable solutions provided outside of those covered by the Warranty. Lessee agrees that it will in no event, alter, modify, repair, disassemble, or adjust the Equipment or Software obtained hereby, except in accordance with Lessor instructions. Lessor's obligations hereunder are contingent upon proper storage, installation, use and maintenance and are limited to: (1) repair, or at its option, replacement (as described herein above) of any parts or Equipment when the parties agree that the Equipment does not conform to the Warranty; (2) analyzing and providing a workable solution to Software problems when Lessor determines that the nonconformance significantly affects performance in accordance with standard specifications and the specifications required pursuant to Exhibit A; (3) termination of the lease and if the remedy provided for herein has failed of its essential purpose, recovery of such damages as provided for herein by the Lessee. Maintenance of Software, as used herein, is the implementation by Lessee of Software revisions provided by Lessor. Revisions consist of improvements of specified programs. THE FOREGOING CONSTITUTES LESSEE'S SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ANY AND ALL OTHER REMEDIES WHICH MAY BE AVAILABLE TO LESSEE.

Warranty and Remedy. 1. Warranty -------- Lessor warrants all Equipment obtained hereunder to be free from defects in material and workmanship in normal service and under normal conditions for one (1) year from date of the initial invoice, and further, that the Equipment obtained under the initial order hereunder is fit for the purposes described in the Data Network Description attached hereto as Exhibit 3 and conforms to the conform to its standard specifications at the time of Order. Lessor warrants the OrderSoftware (if applicable) obtained hereunder will conform to its specification at the time it is received by Lessee. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS WARRANTY IS VOID AS TO EQUIPMENT AND SOFTWARE LOCATED OUTSIDE OF THE UNITED STATES OF AMERICA. 2. Remedy ------ Should a unit of Equipment, which is not subject to an effective Lessor ------------------------------------------- maintenance agreement Equipment fail in normal service and under normal conditions through --------------------- no fault of the Lessee during the warranty period, Lessee shall return the failed unit at LessorLessee's expense to Lessor's point of origin facility. Lessor shall either repair the unit at the factory or furnish a used, refurbished replacement unit for the Lessee. No charges will be made for repair or replacementreplacement of the unit. Lessee shall connect and adjust the unit in accordance with accompanying instructions. Each repaired or replacement unit of equipment Equipment is warranted (as set forth above) for sixty (60) days from the date of shipment of such repaired unit, or the remaining portion of the original Equipment's warranty, whichever is longer. Lessee agrees to pay Lessor's then standard time and material charges for repairs made outside of those covered by the Warranty. For any nonconformance of the Software (if applicable) to its specification which significantly affects performance and is reported to Lessor by Lessee, in writing, during the initial ninety (90) days following deploymentreceipt by Lessee of the Software, Lessor shall provide an analysis of the problem and provide a workable solution. For Software nonconformances ---------------------------- which are recorded in writing to Lessor by Lessee subsequent to the ------------------------------------------------------------------- aforementioned ninety (90) day Software warranty period, Lessee agrees to pay ------------------------------------------------------- Lessors Lessor's then current Software charges for analysis and efforts to obtain workable solutions provided outside of those covered by the Warranty. Lessee agrees that it will in no event, alter, modify, repair, disassemble, or adjust the Equipment or Software obtained hereby, except in accordance with Lessor instructions. Lessor's obligations hereunder are contingent upon proper storage, installation, use and maintenance and are limited to: (1) repair, or at its option, replacement (as described herein above) of any parts or Equipment when the parties agree Lessor determines that the Equipment does not conform to the Warranty; (2) analyzing and providing a workable solution to Software problems when Lessor determines that the nonconformance significantly affects performance in accordance with standard specifications and the specifications required pursuant to Exhibit A; (3) termination of the lease and if the remedy provided for herein has failed of its essential purpose, recovery of such damages as provided for herein by the Lesseespecifications. Maintenance of Software, as used herein, is the implementation by Lessee of Software revisions provided by Lessor. Revisions consist of improvements of specified programs. THE FOREGOING CONSTITUTES LESSEE'S SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ANY AND ALL OTHER REMEDIES WHICH MAY BE AVAILABLE TO LESSEELESSEE AND IS SUBJECT IN ADDITION TO THE LIMITATIONS SET FORTH IN SECTION XIX.

Warranty and Remedy. Lessor warrants all Equipment obtained hereunder Seller’s product is warranted to confirm to the applicable description on the face of this order and is to be free from defects in material and workmanship in normal service and under normal conditions for one (1) year the periods shown below from the date of the initial invoice, and further, that the Equipment obtained under the initial order hereunder shipment. The warranty coverage is fit for the purposes described in the Data Network Description attached hereto as Exhibit 3 and conforms on a Depot basis. Any alternatives to the standard specifications Depot warranty service shall be at the time sole discretion of Seller. Software and Hardware Products 1 year In-Warranty Equipment returned for 90 days or end Repair or Replacement. (Items under warranty of original warranty returned, tested and found without fault will be period, whichever charged; request price quote) occurs later. Out-of-warranty items returned for repair 90 days. or calibration. Custom Systems - For TESTRESOURCES, Inc. products, warranty periods are as shown above. For Non-TESTRESOURCES products integrated into the Ordersystem, the manufacturers warranty period and terms and conditions will apply. OTHER THAN THE FOREGOING WARRANTY HEREIN CONTAINED, THERE IS IN LIEU OF ALL NO OTHER WARRANTIES EXPRESSEDWARRANTY, IMPLIED, WHETHER EXPRESSED OR STATUTORY, IMPLIED (INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) THAT SHALL EXIST IN CONNECTION WITH THE SALE OR USE OF ANY SELLER PRODUCT. THIS WARRANTY IS VOID AS TO EQUIPMENT AND SOFTWARE LOCATED OUTSIDE OF THE UNITED STATES OF AMERICASeller assumes no liability for faulty or improper application of its products. Should a unit of Equipment, which is not subject to an effective Lessor ------------------------------------------- maintenance agreement fail in normal service and All claims under normal conditions through --------------------- no fault of the Lessee during the Seller’s warranty period, Lessee shall return the failed unit at Lessor's expense to Lessor's point of origin facility. Lessor shall either repair the unit at the factory or furnish a used, refurbished replacement unit for the Lessee. No charges will must be made for repair or replacement. Lessee shall connect and adjust the unit in accordance with accompanying instructions. Each repaired or replacement unit of equipment is warranted (as set forth above) for sixty (60) days from the date of shipment of such repaired unit, or the remaining portion of the original Equipment's warranty, whichever is longer. Lessee agrees to pay Lessor's then standard time and material charges for repairs made outside of those covered by the Warranty. For any nonconformance of the Software (if applicable) to its specification which affects performance and is reported to Lessor by Lessee, in writing, during the initial ninety (90) days following deployment, Lessor shall provide an analysis of the problem and workable solution. For Software nonconformances ---------------------------- which are recorded in writing to Lessor Seller during applicable warranty period and the product claimed defective or non-confirming returned by Lessee subsequent Buyer to the ------------------------------------------------------------------- aforementioned ninety (90) day Software Seller F.O.B. Seller’s plant. All parts returned for warranty period, Lessee agrees to pay ------------------------------------------------------- Lessors then current Software charges for analysis and efforts to obtain workable solutions provided outside must be accompanied by a written explanation of those covered by the Warrantyfailure. Lessee agrees that it Seller will in no event, alter, modify, repair, disassemble, or adjust the Equipment or Software obtained hereby, except in accordance with Lessor instructions. Lessor's obligations hereunder are contingent upon proper storage, installation, use and maintenance and are limited to: (1) repair, or at its option, replace any defective or non-confirming product and return the repaired or replacement (as described herein above) of any parts or Equipment when the parties agree that the Equipment does not conform product to the Warranty; (2) analyzing and providing a workable solution to Software problems when Lessor determines that the nonconformance significantly affects performance in accordance with standard specifications and the specifications required pursuant to Exhibit A; (3) termination of the lease and if the remedy provided for herein has failed of its essential purpose, recovery of such damages as provided for herein by the LesseeBuyer without charge. Maintenance of Software, as used herein, is the implementation by Lessee of Software revisions provided by Lessor. Revisions consist of improvements of specified programs. SUCH REPAIR OR REPLACEMENT IS THE FOREGOING CONSTITUTES LESSEE'S SOLE AND EXCLUSIVE REMEDY AVAILABLE FROM SELLER AND SELLER IS IN LIEU NOT RESPONSIBLE FOR DAMAGES OF ANY KIND, INCLUDING INCIDENTAL AND ALL OTHER REMEDIES WHICH MAY BE AVAILABLE TO LESSEECONSEQUENTIAL DAMAGES RESULTING FROM A BREACH OF WARRANTY OF THIS CONTRACT. Seller’s warranties shall not be enlarged, diminished or affected by, and no obligation or liability shall arise or grow out of Seller’s rendering of technical advice or in service in connection with Customer’s order or the goods furnished. Seller will not issue credit for returned goods regardless of Buyer’s policy when returned after 60 days of shipment. Restocking charges for standard goods will be 25% of price. Custom system components and software are not considered restockable and no credit will be issued.

Warranty and Remedy. Lessor (a) IR warrants all Equipment obtained hereunder to you that: (i) for a period of thirty (30) days from delivery of the Software, the Software will substantially conform to the functional description set forth in the standard documentation accompanying the Software; and (ii) for a period of thirty (30) days from delivery the physical media (e.g., CD-ROM), such physical media will be free from defects in material materials and workmanship in normal service workmanship. Any implied warranties on the Software and media are limited to thirty (30) days from delivery, to the extent such warranties cannot be disclaimed under normal conditions Section 6(c) below. The above warranties specifically exclude defects resulting from accident, abuse, unauthorized repair, modifications, or enhancements, or misapplication. IR does not warrant that the Software will operate uninterrupted or error free. Delivery of additional copies of, or revisions or upgrades to, the Software, including releases provided under Support Services, shall not restart or otherwise affect the warranty period. (b) Your exclusive remedy for one (1) year from date breach of the initial invoiceabove-stated limited warranty shall be, and furtherat IR’s option, that either: (i) correction or replacement of the Equipment obtained under Software with product(s) which conform to the initial order hereunder is fit above-stated limited warranty; or (ii) return of the price paid for the purposes described Software and termination of this License Agreement with respect to those copies not in the Data Network Description attached hereto as Exhibit 3 and conforms compliance. Such remedy shall be provided to the standard specifications at the time you by IR only if you give IR written notice of any breach of the Order. THE FOREGOING WARRANTY IS above-stated limited warranty, within thirty (30) days of delivery of the Software. (c) EXCEPT FOR EXPRESS WARRANTIES STATED IN LIEU OF THIS SECTION 6, IR AND ITS SUPPLIERS DISCLAIM ALL OTHER WARRANTIES EXPRESSED, IMPLIED, OR STATUTORYWARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY (I) OF MERCHANTABILITY OR MERCHANTABILITY, (II) OF FITNESS FOR A PARTICULAR PURPOSE, (III) OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, OR (IV) AGAINST HIDDEN DEFECTS. SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. YOU ACKNOWLEDGE THAT IN ENTERING INTO THIS WARRANTY IS VOID AGREEMENT, YOU HAVE RELIED UPON YOUR OWN EXPERIENCE, SKILL AND JUDGMENT TO EVALUATE THE SOFTWARE AND THAT YOU HAVE SATISFIED YOURSELF AS TO EQUIPMENT AND SOFTWARE LOCATED OUTSIDE THE SUITABILITY OF THE UNITED STATES OF AMERICA. Should a unit of Equipment, which is not subject to an effective Lessor ------------------------------------------- maintenance agreement fail in normal service and under normal conditions through --------------------- no fault of the Lessee during the warranty period, Lessee shall return the failed unit at Lessor's expense to Lessor's point of origin facility. Lessor shall either repair the unit at the factory or furnish a used, refurbished replacement unit for the Lessee. No charges will be made for repair or replacement. Lessee shall connect and adjust the unit in accordance with accompanying instructions. Each repaired or replacement unit of equipment is warranted (as set forth above) for sixty (60) days from the date of shipment of such repaired unit, or the remaining portion of the original Equipment's warranty, whichever is longer. Lessee agrees to pay Lessor's then standard time and material charges for repairs made outside of those covered by the Warranty. For any nonconformance of the Software (if applicable) to its specification which affects performance and is reported to Lessor by Lessee, in writing, during the initial ninety (90) days following deployment, Lessor shall provide an analysis of the problem and workable solution. For Software nonconformances ---------------------------- which are recorded in writing to Lessor by Lessee subsequent to the ------------------------------------------------------------------- aforementioned ninety (90) day Software warranty period, Lessee agrees to pay ------------------------------------------------------- Lessors then current Software charges for analysis and efforts to obtain workable solutions provided outside of those covered by the Warranty. Lessee agrees that it will in no event, alter, modify, repair, disassemble, or adjust the Equipment or Software obtained hereby, except in accordance with Lessor instructions. Lessor's obligations hereunder are contingent upon proper storage, installation, use and maintenance and are limited to: (1) repair, or at its option, replacement (as described herein above) of any parts or Equipment when the parties agree that the Equipment does not conform to the Warranty; (2) analyzing and providing a workable solution to Software problems when Lessor determines that the nonconformance significantly affects performance in accordance with standard specifications and the specifications required pursuant to Exhibit A; (3) termination of the lease and if the remedy provided for herein has failed of its essential purpose, recovery of such damages as provided for herein by the Lessee. Maintenance of Software, as used herein, is the implementation by Lessee of Software revisions provided by Lessor. Revisions consist of improvements of specified programs. THE FOREGOING CONSTITUTES LESSEE'S SOLE AND EXCLUSIVE REMEDY AND IS IN LIEU OF ANY AND ALL OTHER REMEDIES WHICH MAY BE AVAILABLE SOFTWARE TO LESSEEMEET YOUR REQUIREMENTS.