Warranty Description. The Extended Limited Warranty Program provides for repair by factory trained technicians at the manufacturing facility, subject to the terms of this agreement. The Extended Limited Warranty shall commence immediately after expiration of B.Braun's standard factory warranty covering such type of equipment (xxxxx xx two year from date of shipment). During the Extended Limited Warranty period, B.Braun shall repair or replace, at B.Braun's option and at no cost xx Xxxxomer, any unit of Equipment dxxxxxxxxx by B.Braun to have defects in material or workmanship. To initiate the xxxxxx or replacement of a defective unit of Equipment, Customer must notify B.Braun at (800) 627-PUMP and fully complete and deliver to B.Braun x Xxxxxned Material Authorization Form ("RMA"). All defectivx xxxxx must be properly packaged and shipped freight prepaid to B.Braun at the address indicated on the RMA. Any loss or damage durixx xxxxment of any defective Equipment to B.Braun shall be at the sole risk of Customer. Only Equipment appearxxx xx an RMA shall be acceptable for repair or replacement. If B.Braun determines that any defect or condition in any unit of Equipxxxx xxs been caused by the misuse, unauthorized modification, or abnormal conditions of operation, B.Braun shall repair the item at a cost to Customer equal to its thex xxxxxnt repair charges. In such case, B.Braun shall provide Customer with an estimate of the repair cost pxxxx xx making any repairs.
Warranty Description. Myndlift warrants to the Customer that:
1.1 Under normal use and service, the electrodes constituting part of the Hardware Components supplied to Customer with the Product (the “Hardware Under Warranty”) shall be free from defects in material, and workmanship and shall substantially perform in accordance with Myndlift’s Documentation and Tutorials, describing the use, features and operation of the Platform and/or Technical Services, in all material respects, for a warranty period of twelve (12) months from the date of delivery to Customer, except to the extent a longer period is required under applicable law (the “Warranty Period”).
1.2 During the Warranty Period, Myndlift shall repair or replace at its option and expense any Hardware Under Warranty which fails to comply with the Warranty specified above in Section 1.1 and timely returned to Myndlift’s premises at Customer’s expense. Customer must request a Return Material Authorization and receive an RMA number and shipping instructions from Myndlift prior to returning the defective Hardware Under Warranty under this warranty. Return of the repaired or replaced Hardware Under Warranty to Customer’s original destination shall be at the expense of Myndlift, unless Myndlift determines that the respective Hardware Under Warranty is not defective within the terms and scope of this Warranty, in which event Customer shall reimburse Myndlift its reasonable transportation (shipping and handling) costs, prior to delivery of any Hardware Under Warranty suspected of failing to comply with the warranty set forth in Section 1.1 above. Notwithstanding the above, the final determination whether the respective Hardware Under Warranty is defective shall be made by Myndlift, based on tests provided at Myndlft’s facilities.
Warranty Description. All Tempur-Pedic® mattresses and all Tempur-Pedic flat, non-adjustable foundations are covered by the terms of this Limited Warranty. For purposes of this Limited Warranty, the term “product” means any Tempur-Pedic flat, non-adjustable foundation and any Tempur-Pedic mattress. Tempur-Pedic North America, LLC (“Tempur-Pedic”) warrants that it will, at Tempur-Pedic’s option, replace or repair Purchaser’s Tempur-Pedic product sold in the U.S. by an authorized retailer if that product is defective due to faulty workmanship or materials, subject to the limitations described in this Limited Warranty. Tempur-Pedic undertakes no responsibility for the quality of the goods except as otherwise provided in this contract. There are no warran- ties that extend beyond the description on the face hereof. This Limited Warranty is valid only in connection with the original purchase of new prod- ucts from authorized retailers and extends from the original purchase date of the original product purchased. An “original purchaser,” for the purpos- es of this Limited Warranty, is an individual or entity who purchases the product directly from Tempur-Pedic or an authorized retailer of Tempur-Pedic with the intent to use the product for personal consumer use and not for commercial or industrial use and not with the intent to resell the product. An “authorized retailer,” for purposes of this Limited Warranty, is an individual or entity authorized by Tempur-Pedic to sell product directly to original purchasers. An individual or entity that purchases the product from whatever source with the intent to resell the product is an unauthorized reseller (“unauthorized reseller”). This Limited Warranty does not apply to floor models or “demos” (except as specifically provided herein) or to products sold by unauthorized re- sellers, including without limitation, unauthorized resellers on third party websites, including, without limitation, Craigslist, eBay, Amazon, etc. Un- authorized resellers are not “original purchasers” for the purpose of this Limited Warranty. If purchaser is not the original purchaser of this product, purchaser takes the product “AS IS,” “with all faults” and without warranty. IF THE PURCHASE OF THIS PRODUCT WAS NOT DIRECTLY FROM TEMPUR-PEDIC, PROOF OF PURCHASE WILL BE REQUIRED TO DEMONSTRATE THAT PURCHASER IS THE ORIGINAL PURCHASER AND THE PRODUCT WAS PURCHASED FROM AN AUTHORIZED RETAILER, AND ELIGIBLE TO MAKE A VALID CLAIM UNDER THIS LIMITED WARRANTY. Tempur-Pedic ma...
Warranty Description. Myndlift warrants that:
1.1. Under normal use and service, the electrodes constituting part of the Hardware Components supplied to the Practitioner with the Product (the “Hardware Under Warranty”) shall be free from defects in material, and workmanship and shall substantially perform in accordance with Myndlift’s Documentation and Tutorials, describing the use, features and operation of the Platform and/or Technical Services, in all material respects, for a warranty period of twelve (12) months from the date of delivery to the Practitioner or the recipient designated by the Practitioner and specified in the Subscription Form, except to the extent a longer period is required under applicable law (the “Warranty Period”).
1.2. During the Warranty Period, Myndlift shall at its choice repair or replace any Hardware Under Warranty which fails to comply with the Warranty specified above in Section 1.1, if timely notified to Myndlift and at Myndlift’s request is returned to Myndlift (pursuant to return shipping instructions provided by Myndlift) at the Practitioner’s expense. Return of the repaired or replaced Hardware Under Warranty to the Practitioner’s original destination shall be at the expense of Myndlift, unless Myndlift determines that the respective Hardware Under Warranty is not defective within the terms and scope of this Warranty, in which event the Practitioner shall reimburse Myndlift its reasonable transportation (shipping and handling) costs, prior to delivery of any Hardware Under Warranty suspected of failing to comply with the warranty set forth in Section 1.1 above. Notwithstanding the above, the final determination whether the respective Hardware Under Warranty is defective shall be made by Myndlift, based on tests determined by Myndlift.
Warranty Description. CelTrek warrants that: Provide to the distributor all software bug fixes, software patches and software work-arounds which CelTrek publishes from time to time in relation to the System or any part thereof (the “Updates”).
Warranty Description. Subject to Section 7.4, Seller warrants, with respect to each Product supplied by Seller to Buyer, together with all retail packaging, labeling and other material furnished by Seller, that:
(a) the title of the Products when conveyed to Buyer or its affiliates shall be good and its transfer rightful, and the Products shall be delivered free from any security interest or other lien or encumbrance except as otherwise agreed upon in writing;
(b) the Products shall conform to the Specifications in effect at the time the relevant Purchase Order is made and to any representation or description contained in this Agreement relating to such Products;
(c) the Products conform in all respects to all applicable international, federal, state, and local laws, orders and regulations including, without limitation, those concerning the marking of the country of origin (as merchandise not in compliance and not properly marked is subject to penalty which may include forfeiture of the non-conforming shipment); and
(d) the Products do not knowingly infringe or encroach upon any third party’s personal, contractual, or proprietary rights, including, but not limited to, patents, trademarks, trade names, trade dress, copyright, right of privacy or trade secrets.
Warranty Description. EMC's entire liability and Reseller's exclusive remedy under Paragraph 1, above, shall be for EMC to use reasonable efforts to remedy defects covered by these warranties within a reasonable period of time or, at EMC's option, either to replace the defective Material or to correct the defective Software or to refund the amount paid by the Reseller for such Material or Software, as depreciated on a straight-line basis over a [*] year period upon return of such Material or Software to EMC. Without limitation, EMC does not warrant that the operation of Software will be uninterrupted or error free, or that all Software defects can be corrected. Reseller's obligation hereunder is to claim warranty service upon, and to ship to EMC only the defective Part and not to return the entire Product to EMC. Unless Reseller selects the Advanced Replacement Option under Paragraph 4, below, or a Dead-on-Arrival replacement option under Paragraph 5, below, a replacement Part shall be shipped to Reseller no later than thirty (30) days after the defective Part is received at EMC's North Carolina repair facility. Reseller shall obtain a Return Material Authorization (RMA) number from EMC before sending any defective Part or other Material to EMC. EMC will own all replaced Equipment and Software; Reseller shall return the replaced Equipment and Software to EMC upon EMC's request. * Confidential Treatment Requested
Warranty Description. Suppliers warrants that:
8.1.1 Title in the Equipment supplied to the Distributor hereunder, when conveyed to Distributor shall be good and its transfer rightful, and the Equipment shall be delivered free from any security interest or other lien or encumbrance, save for certain components of the Equipment or Software which are licensed to Senao , and, with regard to such components, the license granted to Distributor shall fully comply with and shall not be in breach of the license agreement relating to such component; and
8.1.2 During the Warranty Period, the Products shall be in compliance in all material respects with the specifications and shall be free from defects in workmanship and materials. “Warranty Period” means for a period of twelve (12) months from the date of delivery to Distributor. Under the warranty, Supplier shall, at its sole option and expense, repair or replace any Equipment found to be defective during the Warranty Period and returned to Supplier’s premises at Distributor expense. Return of the repaired or replaced Equipment to Distributor's or its Affiliates' original destination shall be at the expense of Supplier, unless Supplier determines that the Equipment is not defective within the terms of the warranty, in which event Distributor shall pay Supplier all costs of handling, transportation and labour at Supplier’s then prevailing rates.
