Warranty Exceptions. Seller's obligations pursuant to this Section 13 shall not apply where: (i) Custom Items are manufactured to Buyer's detailed design and such design is the cause of the claim; or (ii) Items are used in combination with equipment, software or other products that are (x) not supplied, required or recommended by Seller, and (y) not reasonably utilized within the scope of the intended use of the Items, and (z) such infringement would not have occurred but for such combination.
Appears in 4 contracts
Samples: Production and Development Materials and Services Purchase Agreement (Formfactor Inc), Production and Development Materials and Services Purchase Agreement (Formfactor Inc), Production and Development Materials and Services Purchase Agreement (Formfactor Inc)
