Warranty for Hardware. Oxford warrants to Customer during the term of this Agreement that: (a) Devices will perform according to Specifications in all material respects and (b) the number of Single Pores per Flow Cell shall be greater than or equal to the number of Single Pores specified in the applicable Order, solely as determined by reference to Instrument Data collected by Oxford’s Software from completion of the quality control testing required under Section 3.3. The foregoing warranty does not apply to the extent non- conformance is due to (a) abuse, misuse, neglect, negligence, accident, improper storage or use contrary to the Documentation, Specifications or this Agreement, including, without limitation, provisions regarding useful life; (b) improper handling, installation, maintenance or repair (unless performed by Oxford’s personnel); (c) unauthorized alterations; (d) Force Majeure events or (e) use with a third party’s good not provided by Oxford.
Warranty for Hardware. Grass Valley warrants to Customer that Hardware will be free from material defects in materials and workmanship under normal authorized use consistent with the Technical Hardware Specifications for a period of twelve (12) months from the date of shipment from factory (the “Hardware Warranty Period”). If any such Hardware proves defective under the foregoing warranty during the Hardware Warranty Period, Grass Valley will repair the defective Hardware without charge for parts and labor Hardware, replacement Products, parts and components may include materials that are reconditioned.
Warranty for Hardware. Contractor warrants that hardware provided is free from defects in materials and workmanship and conforms to the specifications. The warranty period for provided hardware is a fixed period commencing on the date specified in a statement of work or applicable Contract. If the hardware does not function as warranted during the warranty period and Contractor is unable to either: i) make it do so; or ii) replace it with one that is at least functionally equivalent, State may return it to Contractor for a full refund. The parties agree that the warranties set forth above do not require uninterrupted or error-free operation of hardware or services unless otherwise stated in the specifications. These warranties are State’s exclusive warranties and replace all other warranties or conditions, express or implied, including, but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose.
Warranty for Hardware. Illumina warrants that Illumina Hardware, other than Upgraded Components, will conform to its Specifications for a period of […***…] from Illumina unless the Illumina Hardware includes Illumina-provided installation in which case the warranty period begins on the date of installation or […***…], whichever occurs first (such warranty to be known as the “Base Hardware Warranty”); provided that, the Base Hardware Warranty period for Illumina Hardware that requires Customer’s signature of document after passing certain testing criteria starts on the date that the Illumina Hardware passed such testing criteria. “Upgraded Components” means Illumina-provided components, modifications, or enhancements to Hardware that was acquired by Customer prior to the date Illumina provides these Upgraded Components. Illumina warrants that Upgraded Components will conform to their Specifications for a period of […***…]. Upgraded Components do not extend the warranty for the Hardware unless the upgrade was conducted by Illumina at Illumina’s facilities in which case the upgraded Hardware shipped to Customer comes with a Base Hardware Warranty.
Warranty for Hardware. Oxford warrants to Customer during the term of this Agreement that: (a) the Device will perform according to Specifications in all material respects and (b) the number of Single Pores per Flow Cell shall be greater than or equal to the number of Single Pores specified in the applicable Order, solely as determined by reference to Instrument Data collected by Oxford’s Software from completion of the quality control testing required under Section
Warranty for Hardware. 3.1 We warrant to you that the Hardware is free from defects of workmanship and materials. We undertake (subject to the remainder of this clause 3), at our option, to repair or replace Hardware (other than consumable items) which is found to be defective as a result of faulty materials or workmanship within five years of delivery and installation.
3.2 We shall not in any circumstances be liable for a breach of the warranty contained in clause 3.1 unless:
3.2.1 you give written notice of the defect to us within seven days of the time when you discover or ought to have discovered the defect; and
3.2.2 after receiving the notice, we are given a reasonable opportunity to examine the Hardware and if we ask you to do so, return such Hardware to our place of business at your cost for the examination to take place there.
3.3 We shall not in any circumstances be liable for a breach of the warranty in clause 3.1 if:
3.3.1 you make any use of Hardware in respect of which you have given written notice under clause 3.2.1; or
3.3.2 the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Hardware or (if there are none) good trade practice; or
3.3.3 you alter or repair the relevant Hardware without our written consent.
3.4 We will invoice you for any expenses we incur associated with the repair or replacement of the Hardware, such as the cost of delivery of the relevant part or Hardware.
3.5 Any repaired or replacement Hardware shall be under warranty for the unexpired portion of the five year period.
3.6 We shall not in any circumstances be liable for any damage or defect to the Hardware caused by improper use of the Hardware or use outside its normal application.
3.7 We shall not in any circumstances be liable for any non-delivery of Hardware (even if caused by our negligence) unless you notify us in writing of the failure to deliver within seven days after the scheduled delivery date.
3.8 Any liability of ours for non-delivery of the Hardware shall in all circumstances be limited to replacing the Hardware within a reasonable time or issuing a credit note at the pro rata contract rate against any invoice raised for such Hardware.
Warranty for Hardware. Seller warrants that Hardware, other than Upgraded Components, will conform to its Specifications for a period of 12 months after its shipment date from Seller unless the Hardware includes Seller provided installation in which case the warranty period begins on the date of installation or 30 days after the date the Hardware was delivered, whichever occurs first (“Base Hardware Warranty”). “Upgraded Components” means Seller provided components, modifications, or enhancements to Hardware provided pursuant to the Base Hardware Warranty. Seller warrants that Upgraded Components will conform to their Specifications for a period of 90 days from the date the Upgraded Components are provided by Seller. Upgraded Components do not extend the Base Hardware Warranty unless the upgrade was conducted by Seller at Seller’s facilities in which case the upgraded Hardware shipped to Purchaser comes with a new Base Hardware Warranty.
Warranty for Hardware. The “Hardware Warranty Period” shall be for a period of […***…] months. In the case of Hardware that includes installation, the Hardware Warranty Period shall commence upon installation of the Hardware. For all other Hardware, the Hardware Warranty Period commences upon delivery. During the Hardware Warranty Period, the Hardware (other than Software, the warranty for which is set forth in Section 25) will conform to the Specifications (“Base Hardware Warranty”). This limited warranty extends only to Customer as original purchaser unless otherwise agreed upon in writing by Illumina. “Upgraded Components” means Illumina-provided components, modifications, upgrades, updates and/or enhancements to Hardware. Illumina warrants that Upgraded Components will conform to their Specifications for the longer of the Base Hardware Warranty or a period of […***…] days from the date the Upgraded Components are installed. Upgraded Components do not extend the Base Hardware Warranty. The foregoing warranty shall not apply if the Hardware or any component thereof (i) has been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling or use contrary to any instructions issued by Illumina or has been used in any manner inconsistent with the rights conferred upon Customer under this Agreement, (ii) has been repaired, altered, disassembled or reassembled, or removed from the Facility by persons not expressly authorized by Illumina, (iii) has not been installed, operated, repaired and maintained in accordance with the Documentation, (iv) has failed due to an act of God, including but not limited to fire, flood, tornado, earthquake, hurricane, lightning, threat of or actual acts of terrorism or war, or (v) has been used with any third party software, hardware, or item including, without limitation, reagent which has not been previously approved in writing by Illumina. If during the Hardware Warranty Period: (x) Illumina’s authorized service or support representative is notified promptly upon discovery of any failure of the Hardware to conform to the warranty set forth in this Section, including a detailed description of such alleged failure, (y) at Illumina’s option, either access to the Hardware is provided to Illumina on-site at the Facility or such applicable component(s) are returned, transportation charges prepaid, to Illumina’s designated facility in accordance with Illumina’s then-current return p...
Warranty for Hardware. Contractor warrants that hardware provided is free from defects in materials and workmanship and conforms to the specifications. The warranty period for provided hardware is 30 days commencing on the date specified in a statement of work or applicable Contract. If the hardware does not function as warranted during the warranty period and Contractor is unable to either: i) make it do so; or ii) replace it with one that is at least functionally equivalent, State may return it to Contractor for a full refund. The parties agree that the warranties set forth above do not require uninterrupted or error-free operation of hardware or services unless otherwise stated in the specifications. These warranties are State’s exclusive warranties and replace all other warranties or conditions, express or implied, including, but not limited to, the implied warranties or conditions of merchantability and fitness for a particular purpose.
Warranty for Hardware. Oxford warrants to Customer during the Device Warranty Period Devices will perform according to Specifications in all material respects, and Oxford warrants to Customer that during the Flow Cell Warranty Period the number of Single Pores per Flow Cell shall be greater than or equal to the number of Single Pores specified in the applicable Order, solely as determined by reference to Instrument Data collected by Oxford’s Software from completion of the quality control testing required under Section 3.4. The foregoing warranties do not apply to the extent non-conformance is due to (a) abuse, misuse, neglect, negligence, accident, improper storage or use contrary to the Documentation, Specifications or this Agreement, including, without limitation, provisions regarding Useful Life; (b) improper handling, installation, maintenance or repair (unless performed by Oxford’s personnel); (c) unauthorized alterations; (d) Force Majeure events or (e) use with a third party’s good not provided by Oxford.
