Common use of Warranty Correction Clause in Contracts

Warranty Correction. If Products fail to satisfy the Pre-Commissioning Completion Warranty during the Pre-Commissioning Completion Warranty Period, Distributor shall make a written warranty claim to Company and Company shall verify whether such warranty claim is valid. Company shall either repair or replace (as determined by Company) the applicable Products (a “Warranty Correction”) and re-perform the Commissioning Test within times acceptable to Customer; provided, that if Company has commenced and thereafter diligently pursued such Warranty Correction, but the nature of the specific remedy cannot be performed at the time requested by Customer, then such period shall conform to terms and conditions under the Purchase Order. Company may, as it deems necessary or appropriate, re-perform a Warranty Correction within such period (as may be extended pursuant to the foregoing sentence). Upon completion of the Warranty Correction, Company shall notify Distributor in writing, and Commissioning Test shall be re- performed. Breach of the Pre-Commissioning Completion Warranty shall not be extended to the Pre- Commissioning Completion Warranty Period after the achievement of Commissioning Completion. If Company fails to provide a Warranty Correction within the time required by the Customer Agreement, and as a result Customer rejects the Products, then Company shall pay to Distributor, as Distributor’s sole and exclusive remedy, the Refund Amount. The “Refund Amount” is an amount equal to (a) amounts refunded from Distributor to Customer pursuant to such Customer Agreement caused by such rejection; plus (b) direct third party costs and expenses incurred by Distributor to restore such Site in satisfaction of the terms and conditions of such Customer Agreement (including amounts in connection with disassembling works constructed at the Site); provided, however, that in no event shall Company’s liability for a Refund Amount exceed the sum of (X) the aggregate Product Price of such Products, plus (Y) the costs incurred by Distributor to install such Products (without Distributor markup or margin), plus (Z) the direct third party costs incurred by Distributor to restore such Site (without Distributor markup or margin) (such sum, the “Refund Cap”).

Warranty Correction. If Products fail to satisfy the Pre-Commissioning Completion Warranty during the Pre-Pre- Commissioning Completion Warranty Period, Distributor shall make a written warranty claim to Company and Company shall verify whether such warranty claim is valid. Company shall either repair or replace (as determined by Company) the applicable Products (a “Warranty Correction”) and re-perform the Commissioning Test within times acceptable to Customer; provided, that if Company has commenced and thereafter diligently pursued such Warranty Correction, but the nature of the specific remedy cannot be performed at the time requested by Customer, then such period shall conform to terms and conditions under the Purchase OrderOrder . Company may, as it deems necessary or appropriate, re-perform a Warranty Correction within such period (as may be extended pursuant to the foregoing sentence). Upon completion of the Warranty Correction, Company shall notify Distributor in writing, and Commissioning Test shall be re- re-performed. Breach of the Pre-Commissioning Completion Warranty shall not be extended to the Pre- Pre-Commissioning Completion Warranty Period after the achievement of Commissioning Completion. If Company fails to provide a Warranty Correction within the time required by the Customer Agreement, and as a result Customer rejects the Products, then Company shall pay to Distributor, as Distributor’s sole and exclusive remedy, the Refund Amount. The “Refund Amount” is an amount equal to [***]. (a) amounts refunded from Distributor to Customer pursuant to such Customer Agreement caused by such rejection; plus (b) direct third party costs and expenses incurred by Distributor to restore such Site in satisfaction of the terms and conditions of such Customer Agreement (including amounts in connection with disassembling works constructed at the Siteiii); provided, however, that in no event shall Company’s liability for a Refund Amount exceed the sum of (X) the aggregate Product Price of such Products, plus (Y) the costs incurred by Distributor to install such Products (without Distributor markup or margin), plus (Z) the direct third party costs incurred by Distributor to restore such Site (without Distributor markup or margin) (such sum, the “Refund Cap”).

Warranty Correction. If Products fail to satisfy the Pre-Commissioning Completion Warranty during the Pre-Commissioning Completion Warranty Period, Distributor shall make a written warranty claim to Company and Company shall verify whether such warranty claim is valid. Company shall either repair or replace (as determined by Company) the applicable Products (a “Warranty Correction”) and re-perform the Commissioning Test within times acceptable to Customer; provided, that if Company has commenced and thereafter diligently pursued such Warranty Correction, but the nature of the specific remedy cannot be performed at the time requested by Customer, then such period shall conform to terms and conditions under the Purchase Order. Company may, as it deems necessary or appropriate, re-perform a Warranty Correction within such period (as may be extended pursuant to the foregoing sentence). Upon completion of the Warranty Correction, Company shall notify Distributor in writing, and Commissioning Test shall be re- re-performed. Breach of the Pre-Commissioning Completion Warranty shall not be extended to the Pre- Pre-Commissioning Completion Warranty Period after the achievement of Commissioning Completion. If Company fails to provide a Warranty Correction within the time required by the Customer Agreement, and as a result Customer rejects the Products, then Company shall pay to Distributor, as Distributor’s sole and exclusive remedy, the Refund Amount. The “Refund Amount” is an amount equal to (a) amounts refunded from Distributor to Customer pursuant to such Customer Agreement caused by such rejection; plus (b) direct third party costs and expenses incurred by Distributor to restore such Site in satisfaction of the terms and conditions of such Customer Agreement (including amounts in connection with disassembling works constructed at the Site)[…***…]; provided, however, that in no event shall Company’s liability for a Refund Amount exceed the sum of (X) the aggregate Product Price of such Products, plus (Y) the costs incurred by Distributor to install such Products (without Distributor markup or margin), plus (Z) the direct third party costs incurred by Distributor to restore such Site (without Distributor markup or margin) (such sum, the “Refund Cap”)[…***…].

Warranty Correction. If Products fail to satisfy the Pre-Commissioning Completion Warranty during the Pre-Pre- Commissioning Completion Warranty Period, Distributor shall make a written warranty claim to Company and Company shall verify whether such warranty claim is valid. Company shall either repair or replace (as determined by Company) the applicable Products (a “Warranty Correction”) and re-perform the Commissioning Test within times acceptable to Customer; provided, that if Company has commenced and thereafter diligently pursued such Warranty Correction, but the nature of the specific remedy cannot be performed at the time requested by Customer, then such period shall conform to terms and conditions under the Purchase Order. Company may, as it deems necessary or appropriate, re-perform a Warranty Correction within such period (as may be extended pursuant to the foregoing sentence). Upon completion of the Warranty Correction, Company shall notify Distributor in writing, and Commissioning Test shall be re- re-performed. Breach of the Pre-Commissioning Completion Warranty shall not be extended to the Pre- Pre-Commissioning Completion Warranty Period after the achievement of Commissioning Completion. If Company fails to provide a Warranty Correction within the time required by the Customer Agreement, and as a result Customer rejects the Products, then Company shall pay to Distributor, as Distributor’s sole and exclusive remedy, the Refund Amount. The “Refund Amount” is an amount equal to (a) amounts refunded from Distributor to Customer pursuant to such Customer Agreement caused by such rejection; plus (b) direct third party costs and expenses incurred by Distributor to restore such Site in satisfaction of the terms and conditions of such Customer Agreement (including amounts in connection with disassembling works constructed at the Site); provided, however, that in no event shall Company’s liability for a Refund Amount exceed the sum of (X) the aggregate Product Price of such Products, plus (Y) the costs incurred by Distributor to install such Products (without Distributor markup or margin), plus (Z) the direct third party costs incurred by Distributor to restore such Site (without Distributor markup or margin) (such sum, the “Refund Cap”).