WARRANTY DESCRIPTION Sample Clauses

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.
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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
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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:
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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”).
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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. Mattresses Temp...
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WARRANTY DESCRIPTION. Suppliers warrants that:
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WARRANTY DESCRIPTION. Myndlift warrants to the Customer that:
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  • GENERAL SERVICE DESCRIPTION Service Provider currently provides active medical, pharmacy(Rx) and dental administration for coverages provided through Empire and Anthem (medical), Medco(Rx), MetLife(dental) and SHPS (FSA) (Empire, Anthem, Medco, MetLife and SHPS collectively, the “Vendors”) for its U.S. Active, Salaried, Eligible Employees (“Covered Employees”). Service Provider shall keep the current contracts with the Vendors and the ITT CORPORATION SALARIED MEDICAL AND DENTAL PLAN (PLAN NUMBER 502 EIN 00-0000000) and the ITT Salaried Medical Plan and Salaried Dental Plan General Plan Terms (collectively, the “Plans”) and all coverage thereunder in full force through December 31, 2011 for Service Recipient’s Covered Employees. All claims of Service Recipient’s Covered Employees made under the Plans and incurred on or prior to December 31, 2011 the (“2011 Plan Year”) will be adjudicated in accordance with the current contract and Service Provider will continue to take such actions on behalf of Service Recipient’s Covered Employees as if such employees are employees of Service Provider. All medical, dental, pharmacy and FSA claims of Service Recipient’s Covered Employees made under the Plans (the “Claims”) will be paid by the Vendors on behalf of the Service Provider. Service Recipient will pay Service Provider for coverage based on 2011 budget premium rates previously set for the calendar year 2011 and described in the “Pricing” section below. Service Recipient will pay Service Provider monthly premium payments for this service, for any full or partial months, based on actual enrollment for the months covered post-spin using enrollments as of the first (1st) calendar day of the month, commencing on the day after the Distribution Date. Service Recipient will prepare and deliver to Service Provider a monthly self xxxx containing cost breakdown by business unit and plan tier as set forth on Attachment A, within five (5) Business Days after the beginning of each calendar month. The Service Recipient will be required to pay the Service Provider the monthly premium payments within ten (10) Business Days after the beginning of each calendar month. A detailed listing of Service Recipient’s employees covered, including the Plans and enrollment tier in which they are enrolled, will be made available to Service Provider upon its reasonable request. Service Provider will retain responsibility for executing funding of Claim payments and eligibility management with Vendors through December 31, 2013. Service Provider will conduct a Headcount True-Up (as defined below) of the monthly premiums and establish an Incurred But Not Reported (“IBNR”) claims reserve for Claims incurred prior to December 31, 2011 date, but paid after that date, and conduct a reconciliation of such reserve. See “Headcount True-Up” and “IBNR Reconciliation” sections under Additional Pricing for details.

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