Common use of Warranty Claim Process Clause in Contracts

Warranty Claim Process. a) The Customer will be entitled to make claims for Product Defect or Performance Defect under this Limited Warranty (“Warranty Claims”) only if the Customer has provided documented evidence sufficient to prove that the malfunctioning or non-conformity of Q CELLS Product resulted exclusively from a Product Defect or Performance Defect covered by this Limited Warranty. b) In case of an alleged Product Defect and/or Performance Defect claim under this Limited Warranty, the Customer shall within five (5) business days submit the followings to Q CELLS: (a) original invoice or receipt of the Product at issue; (b) description about alleged defect; (c) serial number; and (d) installation site and date. c) The Customer is responsible for shipping Q CELLS Product to Q CELLS for evaluation at the Customer’s expense. Q CELLS shall pay the costs of a technical inspection and, in the event that the Warranty Claims is confirmed by such inspection, transportation. Otherwise, the Customer shall be charged with these costs. The Q CELLS Product sent to Q CELLS for the evaluation shall remain the property of the Customer until any inspection has been completed and Q CELLS provides a replacement, refund, or compensation. Any repaired, replaced or additionally supplied Product will be warranted only for the remainder of the original warranty period applicable to the original Product. To make a Warranty Claims, the Customer must submit the original receipt or invoice, which bears the date of the purchase and of the delivery, the serial numbers of relevant Q CELLS Product and the name of the authorized distributor or seller. d) Thereafter, Q CELLS will conduct an analysis of the concerned component in question and determine if Customer complied with Q CELLS’s instructions for installation and usage. If Product is determined to be defective or such battery capacity failure is confirmed by Q CELLS, Q CELLS may, in its sole discretion, provide Customer compatible components for the purpose of repair or replace the defective (or deficient) components, or compensate the Customer for such deficiencies in performance. Along with that, the paid service cost also shall be refunded. In the event Q CELLS decides to compensate for the deficiencies, Compensation Scheme under Clause 6 shall be used to determine the compensation rate. In the event the installation date for the Product at issue cannot be determined, the date of manufacture for the product shall be the installation date for the purpose of the Compensation Scheme. In the event the Customer is unable to submit the original receipt or invoice, the original price that Q CELLS sold the Product at issue to the Distributor shall be the purchase price for the purpose of the Compensation Scheme.

Appears in 2 contracts

Samples: Limited Warranty, Limited Warranty

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Warranty Claim Process. a) The Customer will be entitled to make claims for Product Defect or Performance Defect under this Limited Warranty (“Warranty Claims”) only if the Customer has provided documented evidence sufficient to prove that the malfunctioning or non-conformity of Q CELLS Product resulted exclusively from a Product Defect or Performance Defect covered by this Limited Warranty. b) In case of an alleged Product Defect and/or Performance Defect claim under this Limited Warranty, the Customer shall within five (5) business days submit the followings to Q CELLS: (a) original invoice or receipt of the Product at issue; (b) description about alleged defect; (c) serial number; and (d) installation site and date. c) The Customer is responsible for shipping Q CELLS Product to Q CELLS for evaluation at the Customer’s expense. Q CELLS shall pay the costs of a technical inspection and, in the event that the Warranty Claims is confirmed by such inspection, Q CELLS shall pay for the transportation. Otherwise, the Customer shall be charged with these costs. The Q CELLS Product sent to Q CELLS for the evaluation shall remain the property of the Customer until any inspection has been completed and Q CELLS provides a replacement, refund, or compensation. Any repaired, replaced or additionally supplied Product will be warranted only for the remainder of the original warranty period applicable to the original Product. To make a Warranty Claims, the Customer must submit the original receipt or invoice, which bears the date of the purchase and of the delivery, the serial numbers of relevant Q CELLS Product and the name of the authorized distributor or seller. d) Thereafter, Q CELLS will conduct an analysis of the concerned component in question and determine if Customer complied with Q CELLS’s instructions for installation and usage. If Product is determined to be defective or such battery capacity failure is confirmed by Q CELLS, Q CELLS may, in its sole discretion, provide Customer compatible components for the purpose of repair or replace the defective (or deficient) components, or compensate the Customer for such deficiencies in performance. Along with that, the paid service cost also shall be refunded. In the event Q CELLS decides to compensate for the deficiencies, Compensation Scheme under Clause 6 shall be used to determine the compensation rate. In the event the installation date for the Product at issue cannot be determined, the date of manufacture for the product shall be the installation date for the purpose of the Compensation Scheme. In the event the Customer is unable to submit the original receipt or invoice, the original price that Q CELLS sold the Product at issue to the Distributor shall be the purchase price for the purpose of the Compensation Scheme.

Appears in 1 contract

Samples: Limited Warranty

Warranty Claim Process. aIn order to obtain service under this Warranty, Buyer must notify Datalogic (which notice shall be in writing sent by registered courier or mail) The Customer will be entitled of the claimed defect before the expiration of the Warranty Period and obtain from Datalogic a return authorization number for return of the product to make designated Datalogic service center. Buyer shall offer Datalogic the opportunity to investigate the claim and to inspect the allegedly defective products. Failure to offer Datalogic such opportunity shall constitute acceptance by Xxxxx and waiver of all claims for Product Defect or Performance Defect under this Limited Warranty (“Warranty Claims”) only if the Customer has provided documented evidence sufficient to prove that the malfunctioning or non-conformity of Q CELLS Product resulted exclusively from a Product Defect or Performance Defect covered by this Limited Warranty. b) In case of an alleged Product Defect and/or Performance Defect claim under this Limited Warranty, the Customer shall within five (5) business days submit the followings to Q CELLS: (a) original invoice or receipt of the Product at issue; (b) description about alleged defect; (c) serial number; and (d) installation site and date. c) The Customer is responsible for shipping Q CELLS Product to Q CELLS for evaluation at the Customer’s expense. Q CELLS shall pay the costs of a technical inspection and, in the event that the Warranty Claims is confirmed by such inspection, transportation. Otherwise, the Customer shall be charged with these costsdefects. The Q CELLS Product sent to Q CELLS for the evaluation shall remain the property of the Customer until any inspection has been completed and Q CELLS provides a replacement, refund, or compensation. Any repaired, replaced or additionally supplied Product will products must always be warranted only for the remainder of the original warranty period applicable to the original Product. To make a Warranty Claims, the Customer must submit the original receipt or invoice, which bears returned within ten (10) days from the date of the purchase and of the delivery, the serial numbers of relevant Q CELLS Product and the name of the authorized distributor or seller. d) Thereafter, Q CELLS will conduct an analysis of the concerned component in question and determine if Customer complied with Q CELLS’s instructions for installation and usageauthorization issued by Datalogic. If Product Datalogic determines Buyer’s claim is determined to be defective or such battery capacity failure is confirmed by Q CELLSvalid, Q CELLS may, in its sole discretion, provide Customer compatible components for the purpose of Datalogic will repair or replace the defective (or deficient) components, or compensate the Customer product without additional charge for such deficiencies in performanceparts and labor. Along with that, the paid service cost also Buyer shall be refundedresponsible for packaging and shipping the product to the designated Datalogic service center, with shipping charges prepaid. In the event Q CELLS decides to compensate Datalogic shall pay for the deficiencies, Compensation Scheme under Clause 6 return of the product to Buyer if the shipment is to a location within the country in which the Datalogic service center is located. Buyer shall be used responsible for paying all shipping charges, duties, taxes, and any other charges for products returned to determine the compensation rateany other locations. In the event the installation date for the Product at issue cannot be determinedDATALOGIC'S WARRANTY, the date of manufacture for the product shall be the installation date for the purpose of the Compensation SchemeAS DESCRIBED HEREIN, IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. In the event the Customer is unable to submit the original receipt or invoiceDATALOGIC SHALL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED BY BUYER ARISING FROM DELAYS IN THE REPLACEMENT OR REPAIR OF PRODUCTS UNDER THE ABOVE. THE REMEDY SET FORTH IN THIS WARRANTY STATEMENT IS THE BUYER’S SOLE AND EXCLUSIVE REMEDY FOR WARRANTY CLAIMS. UNDER NO CIRCUMSTANCES WILL DATALOGIC BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY LOST PROFITS, the original price that Q CELLS sold the Product at issue to the Distributor shall be the purchase price for the purpose of the Compensation SchemeOR ANY INCIDENTAL, CONSEQUENTIAL INDIRECT, SPECIAL OR CONTINGENT DAMAGES REGARDLESS OF WHETHER DATALOGIC HAD ADVANCE NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. DATALOGIC'S LIABILITY FOR DAMAGES ON ACCOUNT OF A CLAIMED DEFECT IN ANY PRODUCT DELIVERED BY DATALOGIC SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE PRODUCT ON WHICH THE CLAIM IS BASED. DATALOGIC SHALL NOT BE LIABLE FOR DAMAGES RELATING TO ANY INSTRUMENT, EQUIPMENT, OR APPARATUS WITH WHICH THE PRODUCT SOLD UNDER THIS AGREEMENT IS USED.

Appears in 1 contract

Samples: Sales Contracts

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Warranty Claim Process. a) The Customer will be entitled to make claims for Product Defect or Performance Defect under this Limited Warranty (“Warranty Claims”) only if the Customer has provided documented evidence sufficient to prove that the malfunctioning or non-conformity of Q CELLS Product resulted exclusively from a Product Defect or Performance Defect covered by this Limited Warranty. b) In case of an alleged Product Defect and/or Performance Defect claim under this Limited Warranty, the Customer shall within five (5) business days submit the followings to Q CELLS: (a) original invoice or receipt of the Product at issue; (b) description about alleged defect; (c) serial number; and (d) installation site and date. c) The Customer is responsible for shipping Q CELLS Product to Q CELLS for evaluation at the Customer’s expense. Q CELLS shall pay the costs of a technical inspection and, in the event that the Warranty Claims is confirmed by such inspection, transportation. Otherwise, the Customer shall be charged with these costs. The Q CELLS Product sent to Q CELLS for the evaluation shall remain the property of the Customer until any inspection has been completed and Q CELLS provides a replacement, refund, or compensation. Any repaired, replaced or additionally supplied Product will be warranted only for the remainder of the original warranty period applicable to the original Product. To make a Warranty Claims, the Customer must submit the original receipt or invoice, which bears the date of the purchase and of the delivery, the serial numbers of relevant Q CELLS Product and the name of the authorized distributor or seller. d) Thereafter, Q CELLS will conduct an analysis of the concerned component in question and determine if Customer complied with Q CELLS’s instructions for installation and usage. If Product is determined to be defective or such battery capacity failure is confirmed by Q CELLS, Q CELLS may, in its sole discretion, provide Customer compatible components for the purpose of repair or replace the defective (or deficient) components, or compensate the Customer for such deficiencies in performance. Along with that, the paid service cost also shall be refunded. In the event Q CELLS decides to compensate for the deficiencies, Compensation Scheme under Clause 6 shall be used to determine the compensation rate. In the event the installation date for the Product at issue cannot be determined, the date of manufacture for the product Product shall be the installation date for the purpose of the Compensation Scheme. In the event the Customer is unable to submit the original receipt or invoice, the original price that Q CELLS sold the Product at issue to the Distributor shall be the purchase price for the purpose of the Compensation Scheme.

Appears in 1 contract

Samples: Limited Warranty

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