Common use of Warranty Claims Procedure Clause in Contracts

Warranty Claims Procedure. Within a reasonable time, but in no event more than thirty (30) days after Purchaser's discovery of a possible defect, Purchaser shall contact the supplier of the PEMCO product and request a return authorization number. Purchaser shall ship the product with proof of purchase and written description of alleged defect, freight prepaid, to PEMCO. Products shipped to PEMCO without a return authorization number will be refused and returned freight collect at Purchaser's expense. Products shipped by Purchaser to PEMCO that have incurred freight damage due to Purchaser's improper packaging of the product will not be covered by this Warranty. Warranty coverage will be valid only after PEMCO's inspection of the product reveals a defect covered by this Warranty. Subject to the limitations herein, PEMCO will repair or replace the nonconforming product without charge for labor or materials. THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PURCHASER'S SOLE AND EXCLUSIVE REMEDY IS REPLACEMENT OF THE PEMCO PRODUCT AS SET FORTH HEREIN. IF PURCHASER'S REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE BY A COURT OF COMPETENT JURISDICTION, PEMCO'S RESPONSIBILITY FOR PROPERTY LOSS OR DAMAGE SHALL NOT EXCEED ONE TIMES THE NET PRODUCT PURCHASE PRICE. IN NO EVENT SHALL PEMCO ASSUME ANY LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, BODILY INJURY TO PERSONS, LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, WHETHER ANY CLAIM IS BASED UPON THEORIES OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHERWISE.

Warranty Claims Procedure. Within a reasonable time, but in no event more than thirty (30) days after Purchaser's discovery of a possible defect, Purchaser shall contact the supplier of the PEMCO product and request a return authorization number. Purchaser shall ship the product with proof of purchase and written description of alleged defect, freight prepaid, to PEMCO. Products shipped to PEMCO without a return authorization number will be refused and returned freight collect at Purchaser's expense. Products shipped by Purchaser to PEMCO that have incurred freight damage due to Purchaser's improper packaging of the product will not be covered by this Warranty. Warranty coverage will be valid only after PEMCO's inspection of the product reveals a defect covered by this Warranty. Subject to the limitations herein, PEMCO will repair or replace the nonconforming product without charge for labor or materials. Purchaser reimbursement for repair of Purchaser’s owned equipment, provided warranty coverage applies, shall be paid to supplier and supplier shall reimburse Purchaser. THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PURCHASER'S SOLE AND EXCLUSIVE REMEDY IS REPLACEMENT OF THE PEMCO PRODUCT AS SET FORTH HEREIN. IF PURCHASER'S REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE BY A COURT OF COMPETENT JURISDICTION, PEMCO'S RESPONSIBILITY FOR PROPERTY LOSS OR DAMAGE SHALL NOT EXCEED ONE TIMES THE NET PRODUCT PURCHASE PRICE. IN NO EVENT SHALL PEMCO ASSUME ANY LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, BODILY INJURY TO PERSONS, LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, WHETHER ANY CLAIM IS BASED UPON THEORIES OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHERWISE.

Warranty Claims Procedure. Within a reasonable timeIf during the Warranty Period, but in no event more than thirty (30) days after Purchaser's discovery of a possible defect, Purchaser shall contact the supplier of the PEMCO product bracelet transmitter malfunctions or fails and request a return authorization number. Purchaser shall ship the product with proof of purchase and written description of alleged defect, freight prepaid, to PEMCO. Products shipped to PEMCO without a return authorization number will be refused and returned freight collect at Purchaser's expense. Products shipped by Purchaser to PEMCO that have incurred freight damage Caregiver believes it is due to Purchaser's improper packaging a manufacturing defect in factory supplied materials or factory workmanship, please call Warrantor at 000-000-0000 between 8:30 a.m. and 5:00 p.m. EST for instructions on filing a claim and returning the bracelet transmitter to Warrantor. Warrantor will respond to Warranty claim calls within 2 business days of receiving the product will not be covered by this Warrantycall. Warranty coverage will be valid only after PEMCO's inspection of the product reveals a defect covered by this Warranty. Subject to the limitations hereinEXCEPT AS EXPRESSELY SET FORTH ABOVE AND AS OTHERWISE REQUIRED BY LAW, PEMCO will repair or replace the nonconforming product without charge for labor or materials. THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL NO OTHER WARRANTIES EXPRESS ARE EXPRESSED OR IMPLIED. THE DURATION OF ANY IMPLIED WARRANTY OF MERCHANTABILITY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PARTIUCLAR PURPOSE. PURCHASER'S SOLE AND EXCLUSIVE REMEDY IS REPLACEMENT , OR OTHERWISE ON THE SAFETYNET BRACELET TRANSMITTER SHALL BE LIMITED TO THE DURATION OF THE PEMCO PRODUCT AS EXPRESS WARRANTY SET FORTH HEREINABOVE. IF PURCHASER'S REMEDY IS DEEMED WARRANTOR SHALL NOT BE LIABLE TO FAIL OF ITS ESSENTIAL PURPOSE BY A COURT OF COMPETENT JURISDICTIONCAREGIVER OR ANY THIRD PARTY FOR ANY LOSS, PEMCO'S RESPONSIBILITY FOR PROPERTY LOSS INCONVENIENCE OR DAMAGE SHALL NOT EXCEED ONE TIMES THE NET PRODUCT PURCHASE PRICE. IN NO EVENT SHALL PEMCO ASSUME ANY LIABILITY FOR INDIRECT, SPECIALWHETHER DIRECT, INCIDENTAL, EXEMPLARY CONSEQUENTIAL OR CONSEQUENTIAL DAMAGES OTHERWISE. INDEMNITY- CAREGIVER ON BEHALF OF CAREGIVER,CLIENT, THEIR SUCCESSORS, HEIRS, ESTATES, REPRESENTATIVES, INSURERS, AGENTS AND ASSIGNS, AGREES TO INDEMNIFY AND HOLD HARMLESS SAFETYNET, AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY CLAIMS, SUITS, ACTIONS, LOSSES, COSTS, DAMAGES, AND ANY OTHER LIABILITIES, INCLUDING ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF CAREGIVER’S/CLIENT’S USE OR MISUSE OF THE SAFETYNET SERVICE OR ANY BREACH BY CAREGIVER OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. SAFETYNET RESERVES THE RIGHT, AT CAREGIVER’S EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY KIND WHATSOEVERMATTER FOR WHICH CAREGIVER IS REQUIRED TO INDEMNIFY SAFETYNET, INCLUDING, WITHOUT LIMITATION, BODILY INJURY AND CAREGIVER AGREES TO PERSONS, LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS COOPERATE WITH SAFETYNET’S DEFENSE OF DATA, WHETHER ANY CLAIM IS BASED UPON THEORIES THESE CLAIMS. THE PARTIES AGREE THAT THERE ARE NO THIRD PARTY BENEFICIARIES OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHERWISETHIS AGREEMENT.

Warranty Claims Procedure. Within a reasonable time, but in no event more than thirty (30) days after Purchaser's discovery of a possible defect, Purchaser shall contact the supplier of the PEMCO XXXXXX product and request a return authorization numberclaim form. This claim form must be completed and returned to Xxxxxx. Per Xxxxxx discretion, Purchaser shall ship the product damaged equipment along with proof of purchase and written description of alleged defect, freight prepaid, to PEMCOXXXXXX. Products shipped to PEMCO XXXXXX without a return authorization number will be refused and returned freight collect at Purchaser's expense. Products shipped by Purchaser to PEMCO XXXXXX that have incurred freight damage due to Purchaser's improper packaging of the product will not be covered by this Warranty. Warranty coverage will be valid only after PEMCO's XXXXXX'x inspection of the product reveals a defect covered by this Warranty. Subject to the limitations herein, PEMCO XXXXXX will repair or replace the nonconforming product without charge for labor or materials. THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PURCHASER'S SOLE AND EXCLUSIVE REMEDY IS REPLACEMENT OF THE PEMCO XXXXXX PRODUCT AS SET FORTH HEREIN. IF PURCHASER'S REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE BY A COURT OF COMPETENT JURISDICTION, PEMCO'S XXXXXX'X RESPONSIBILITY FOR PROPERTY LOSS OR DAMAGE SHALL NOT EXCEED ONE TIMES THE NET PRODUCT PURCHASE PRICE. IN NO EVENT SHALL PEMCO XXXXXX ASSUME ANY LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, BODILY INJURY TO PERSONS, LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, WHETHER ANY CLAIM IS BASED UPON THEORIES OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHERWISE.

Warranty Claims Procedure. Within a reasonable time, but in no event more than thirty (30) days after Purchaser's discovery of a possible defect, Purchaser shall contact the supplier of the PEMCO KENICK product and request a return authorization numberclaim form. This claim form must be completed and returned to Kenick. Per Kenick discretion, Purchaser shall ship the product damaged equipment along with proof of purchase and written description of alleged defect, freight prepaid, to PEMCOKENICK. Products shipped to PEMCO KENICK without a return authorization number will be refused and returned freight collect at Purchaser's expense. Products shipped by Purchaser to PEMCO KENICK that have incurred freight damage due to Purchaser's improper packaging of the product will not be covered by this Warranty. Warranty coverage will be valid only after PEMCO's XXXXXX'x inspection of the product reveals a defect covered by this Warranty. Subject to the limitations herein, PEMCO KENICK will repair or replace the nonconforming product without charge for labor or materials. THIS WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PURCHASER'S SOLE AND EXCLUSIVE REMEDY IS REPLACEMENT OF THE PEMCO KENICK PRODUCT AS SET FORTH HEREIN. IF PURCHASER'S REMEDY IS DEEMED TO FAIL OF ITS ESSENTIAL PURPOSE BY A COURT OF COMPETENT JURISDICTION, PEMCO'S XXXXXX'X RESPONSIBILITY FOR PROPERTY LOSS OR DAMAGE SHALL NOT EXCEED ONE TIMES THE NET PRODUCT PURCHASE PRICE. IN NO EVENT SHALL PEMCO XXXXXX ASSUME ANY LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, BODILY INJURY TO PERSONS, LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA, WHETHER ANY CLAIM IS BASED UPON THEORIES OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHERWISE.