Common use of Warranty Obligations Clause in Contracts

Warranty Obligations. (a) During the Warranty Period, sonnen, Inc. will, at its option, repair the defective part (if economically feasible) or replace the defective part free of charge, provided that sonnen, Inc. is properly notified of the product defect within the Warranty Period, and provided that sonnen, Inc., through inspection, establishes the existence of a defect covered by this Limited Warranty. (b) Sonnen, Inc. will, at its option, use new and/or reconditioned parts in building replacement parts. Sonnen, Inc. reserves the right to use parts or products of original or improved design in the repair or replacement of the product. If sonnen, Inc. repairs or replaces a product part, its warranty continues for the remaining portion of the Warranty Period or ninety (90) days from the date of the repair or replacement, whichever is greater. (c) This Factory Limited Warranty covers sonnen, Inc.’s costs for materials necessary to reestablish trouble-free operation of the Covered Product. All repairs must be performed by a sonnen Certified Installer. (d) Costs of installation or reinstallation, costs of removal, and/or costs of labor for repair are covered only upon approval by sonnen of a “Warranty Labor Work Ticket” prior to services rendered, as described further in Section 10 below. Any such costs incurred without sonnen’s approval and prior to obtaining a Warranty Labor Work Ticket will not be paid by sonnen under this Factory Limited Warranty. (b) re-performance of defective services, or (c) payment of the reimbursement under 5(g) below. (f) Except for visible defects of products and services, for which Customer shall provide notice to sonnen immediately under Section 6.4 of sonnen, Inc’s Terms & Conditions, Customer shall provide written notice of any defect to sonnen within 10 days after discovery of such defect. (g) Should sonnen be unable to repair or replace defective products or re-perform defective services to the agreed-upon standard within 60 days after written notice from Customer of such defect, Customer shall xxxxx xxxxxx a 10-day cure period in writing. Should sonnen fail to replace defective products or re-perform defective services to the agreed-upon standard within such 10-day cure period after written notice from Customer, Customer shall have the right to request reimbursement of the purchase price of the Covered Product. For clarity, sonnen’s obligations under this paragraph run from the date that sonnen was actually notified of the defect, not the date that Customer’s Authorized Installer was first notified of the defect. (h) sonnen’s liability with respect to any product, including without limitation sonnen’s obligation to repair or replace defective products or to re-perform defective services, shall be excluded if (i) Customer fails to inspect products or services as required under Section 6.4 of sonnen, Inc’s Terms & Conditions or elsewhere in those Terms, (ii) Customer fails to inform sonnen about defects as required under Sections 6.4 of the Terms & Conditions or section (e) or (f) above or elsewhere in this Warranty document, (iii) Customer fails to observe product operating and maintenance instructions provided by sonnen, (iv) any product or product part has been opened, modified, repaired, processed, replaced or installed, or any other work has been performed in relation to or that affects any product, by a non-certified or otherwise unauthorized person, or (v) any other act or omission has occurred that otherwise has resulted in a loss of the Limited Product Warranty. (i) In the event sonnen determines that an alleged product or services defect did not exist or, if existed, was excluded from sonnen’s liability by sonnen’s Terms & Conditions, Customer shall reimburse sonnen for all costs and expenses incurred by sonnen as a result of sonnen’s attempt to repair, replace or re-perform. (j) Sonnen is not liable for product(s) damaged through installer error or installation error regardless of the installer’s status of having attended or not attended the sonnen provided Certified Installer Training. Determination of warranty coverage is as set out in this Warranty document, and at the discretion of the sonnen Applications Engineering & Technical Services team. (k) EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, THE FOREGOING REMEDIES STATE SONNEN’S SOLE AND EXCLUSIVE OBLIGATION AND CUSTOMER’s SOLE AND EXCLUSIVE REMEDY FOR A BREACH OF THE FOREGOING LIMITED WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN THIS WARRANTY AGREEMENT AND AS OTHERWISE PROVIDED BY APPLICABLE LAW, SONNEN MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MATTERS INCLUDING BUT NOT LIMITED TO FITNESS AND/OR MERCHANTABILITY. SONNEN UNDERTAKES NO RESOPONSIBILITY FOR THE QUALITY OF THE GOODS EXCEPT AS OTHERWISE PROVIDED IN THIS WARRANTY AGREEMENT. FURTHER, SONNEN ASSUMES NO RESPONSIBILITY THAT THE GOODS WILL BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH YOU MAY BE BUYING THESE GOODS, EXCEPT AS OTHERWISE PROVIDED IN THIS WARRANTY AGREEMENT OR BY APPLICABLE LAW. ALL WARRANTIES, EXPRESS OR IMPLIED, WHETHER INCLUDED HEREIN OR IMPOSED BY OPERATION OF LAW, TERMINATE AT THE END OF THE WARRANTY TERM STATED HEREIN.

Warranty Obligations. ‌ 5.1 The Warranty Period for each Product is [two (2) years] from the time that UoA has accepted in writing that the Products are ready for use pursuant to clause [5.5] of [Schedule E]. During the Warranty Period the Supplier will:‌ (a) During Perform the Warranty Periodmanufacturer’s recommended maintenance inspections and preventive maintenance tasks as detailed in the manufacturer’s service documentation, sonnenremedy any non-compliance with performance specifications and report on Services and findings as indicated in accordance with the requirements set out at Schedule [C, Inc. will, at its option, repair the defective part (if economically feasible) or replace the defective part free of charge, provided that sonnen, Inc. is properly notified of the product defect within the Warranty Period, and provided that sonnen, Inc., through inspection, establishes the existence of a defect covered by this Limited Warranty.clause 5]; and (b) SonnenRemedy, Inc. willrepair, at its optionenhance or replace any defective or faulty Products so that they meet and satisfy the warranties set out in clause [7] of Schedule E. Such warranty service obligations shall be provided in a timely manner with the Supplier’s service personnel responding by phone within [sixty] minutes from UoA’s telephone request for service, by being on-site within [forty-eight] hours from any telephone request, and by having the Products (or replacement Products) available for use new and/or reconditioned parts in building replacement parts. Sonnen, Inc. reserves the right to use parts or products of original or improved design in the repair or replacement of the product. If sonnen, Inc. repairs or replaces a product part, its warranty continues for the remaining portion of the Warranty Period or ninety (90) days from the date of the repair or replacement, whichever is greater.minimum time possible; and (c) This Factory Limited Warranty covers sonnen, Inc.’s costs for materials necessary Following the provision of any service to reestablish trouble-free operation of the Covered Product. All repairs must be performed by a sonnen Certified Installer. (d) Costs of installation or reinstallation, costs of removal, and/or costs of labor for repair are covered only upon approval by sonnen of a “Warranty Labor Work Ticket” prior to services rendered, Products as described further in Section 10 below. Any such costs incurred without sonnen’s approval paragraphs (a) and prior to obtaining a Warranty Labor Work Ticket will not be paid by sonnen under this Factory Limited Warranty. (b) re-performance above, complete and return within [five (5)] Business Days, a detailed Supplier’s Field Service Report (FSR) attaching, where relevant, the preventive maintenance inspection report referred to Schedule [C, clause 1.2],- together, the "Warranty Services". 5.2 The price for the Warranty Services is included in the price for the Products and includes all costs associated with packaging, collection, transportation and insurance if any Product has to be returned to the Supplier or manufacturer, and all other costs, including any costs associated with the provision of defective servicesany replacement Products. 5.3 Equipment requiring corrective maintenance that has been subject to Customer Induced Damage may not be eligible for the Warranty Services. If there is any dispute regarding a claim of Customer Induced Damage, or (c) payment UoA will be solely responsible for deciding the validity of the reimbursement Customer Induced Damage claim. No invoice for Customer Induced Damage may be raised without written authorisation from UoA. 5.4 During the initial Warranty Period any spares or components fitted will be under 5(g) below. (f) Except warranty for visible defects of products and services, for which Customer shall provide notice to sonnen immediately under Section 6.4 of sonnen, Inc’s Terms & Conditions, Customer shall provide written notice of any defect to sonnen within 10 days after discovery of such defect. (g) Should sonnen be unable to repair or replace defective products or re-perform defective services to the agreed-upon standard within 60 days after written notice from Customer of such defect, Customer shall xxxxx xxxxxx a 10-day cure period in writing. Should sonnen fail to replace defective products or re-perform defective services to the agreed-upon standard within such 10-day cure period after written notice from Customer, Customer shall have the right to request reimbursement remainder of the purchase price of initial Warranty Period or twelve (12) months (whichever is greater). After the Covered Product. For clarity, sonnen’s obligations under this paragraph run from the date that sonnen was actually notified of the defect, not the date that Customer’s Authorized Installer was first notified of the defectinitial Warranty Period has elapsed any spares or components fitted will be subject to twelve (12) months' warranty. (h) sonnen’s liability with respect to any product, including without limitation sonnen’s obligation to repair or replace defective products or to re-perform defective services, shall be excluded if (i) Customer fails to inspect products or services as required under Section 6.4 of sonnen, Inc’s Terms & Conditions or elsewhere in those Terms, (ii) Customer fails to inform sonnen about defects as required under Sections 6.4 of the Terms & Conditions or section (e) or (f) above or elsewhere in this Warranty document, (iii) Customer fails to observe product operating and maintenance instructions provided by sonnen, (iv) any product or product part has been opened, modified, repaired, processed, replaced or installed, or any other work has been performed in relation to or that affects any product, by a non-certified or otherwise unauthorized person, or (v) any other act or omission has occurred that otherwise has resulted in a loss of the Limited Product Warranty. (i) In the event sonnen determines that an alleged product or services defect did not exist or, if existed, was excluded from sonnen’s liability by sonnen’s Terms & Conditions, Customer shall reimburse sonnen for all costs and expenses incurred by sonnen as a result of sonnen’s attempt to repair, replace or re-perform. (j) Sonnen is not liable for product(s) damaged through installer error or installation error regardless of the installer’s status of having attended or not attended the sonnen provided Certified Installer Training. Determination of warranty coverage is as set out in this Warranty document, and at the discretion of the sonnen Applications Engineering & Technical Services team. (k) EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, THE FOREGOING REMEDIES STATE SONNEN’S SOLE AND EXCLUSIVE OBLIGATION AND CUSTOMER’s SOLE AND EXCLUSIVE REMEDY FOR A BREACH OF THE FOREGOING LIMITED WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN THIS WARRANTY AGREEMENT AND AS OTHERWISE PROVIDED BY APPLICABLE LAW, SONNEN MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MATTERS INCLUDING BUT NOT LIMITED TO FITNESS AND/OR MERCHANTABILITY. SONNEN UNDERTAKES NO RESOPONSIBILITY FOR THE QUALITY OF THE GOODS EXCEPT AS OTHERWISE PROVIDED IN THIS WARRANTY AGREEMENT. FURTHER, SONNEN ASSUMES NO RESPONSIBILITY THAT THE GOODS WILL BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH YOU MAY BE BUYING THESE GOODS, EXCEPT AS OTHERWISE PROVIDED IN THIS WARRANTY AGREEMENT OR BY APPLICABLE LAW. ALL WARRANTIES, EXPRESS OR IMPLIED, WHETHER INCLUDED HEREIN OR IMPOSED BY OPERATION OF LAW, TERMINATE AT THE END OF THE WARRANTY TERM STATED HEREIN.

Warranty Obligations. 17.1 For each Product included in the Transition Build Plan, Celestica will notify Customer in writing when it has manufactured the final unit of that Product as required by the Transition Build Plan (a) During "Final Manufacture Notice"). Prior to Customer's receipt of a Final Manufacture Notice, Customer and Celestica agree that the Warranty Periodapplicable warranty for any Product manufactured prior to Customer's receipt of the Final Manufacture Notice from Celestica will remain the Warranty. 17.2 Following Customer's receipt of Final Manufacture Notice, sonnenif Customer should identify a defect in a Product for which Customer has previously received a Final Manufacture Notice and for which Customer can reasonably demonstrate to Celestica is covered under the Warranty, Inc. will, at its option, Customer agrees to arrange for a Third Party CM to repair the defective part (if economically feasible) or replace the defective part free Product and Celestica agrees to reimburse Customer the amounts provided in Section 17.3 for the defective Product provided that: (a) Customer notifies Celestica of chargethe defect within one (1) year of the date which Celestica delivered the defective Product to Customer (the "Warranty Return Period"), provided that sonnenprovided, Inc. is properly however, should Customer either discover a covered defect in a Product or be notified of the product a covered defect in a Product within the thirty (30) day period immediately preceding the expiration of the Warranty Return Period, Customer will be permitted to submit to Celestica and provided Celestica will honor any covered Warranty claim identified during that sonnen, Inc., through inspection, establishes 30 day period which is submitted by Customer not later than thirty (30) days following the existence expiration date of a defect covered by this Limited Warranty.the Warranty Return Period; and (b) Sonnen, Inc. will, at its option, use new and/or reconditioned parts Celestica's warranty provided in building replacement parts. Sonnen, Inc. reserves this Agreement remains subject to the right to use parts or products of original or improved design Warranty exceptions provided in the repair or replacement Section 17.3 of the product. If sonnen, Inc. repairs or replaces a product part, its warranty continues for the remaining portion of the Warranty Period or ninety (90) days from the date of the repair or replacement, whichever is greater.Agreement For Manufacture; (c) This Factory Limited Warranty covers sonnen, Inc.’s costs for materials necessary to reestablish trouble-free operation The provisions of Sections 17.4 through 17.9 of the Covered Product. All repairs must be performed by a sonnen Certified Installer.Agreement For Manufacture will continue to apply to the warranty provided in this Agreement; and (d) Costs The Warranty sets out Celestica's sole obligation and liability and the Customer's exclusive remedies, for claims based on defects in or the failure of installation any product or reinstallationservice and Celestica hereby disclaims all other warranties, costs representations and conditions, express or implied, regarding the products manufactured and the services performed pursuant to the Agreement for Manufacture and this Agreement including but not limited to implied warranties, representations or conditions of removalmerchantability or fitness for a particular purpose. 17.3 Subject to 17.1 and 17.2, and/or costs following Customer's receipt of labor a Final Manufacture Notice, for repair those Products affected by that Final Manufacturing Notice and which Customer can reasonably demonstrate to Celestica are covered only upon approval by sonnen under the Warranty, Celestica agrees to reimburse Customer the following amounts: (a) if the Product can be repaired and the repair cost is less than the unit price of a “Warranty Labor Work Ticket” prior the Product, Celestica will reimburse to services rendered, as described further in Section 10 below. Any such costs incurred without sonnen’s approval and prior Customer the cost of repair of the Product at rates not to obtaining a Warranty Labor Work Ticket will not be paid by sonnen under this Factory Limited Warranty.exceed US$2.50 per hour; or (b) re-performance if either the Product cannot be repaired or the cost of defective servicesrepair exceeds the price of the Product, or Celestica will reimburse Customer the Price of the Product; and (c) payment Celestica will reimburse Customer the amount of all freight costs paid by Customer for the return to the Third Party CM's designated repair facility and return of replacement Products to Customer which are covered under the Celestica warranties provided in this Agreement; (d) Customer and C&D Parent agree to provide Celestica with the right to review such records and inspect such aspects of the reimbursement under 5(g) below. (f) Except for visible defects repair process as Celestica shall deem necessary but acting reasonably to validate any amounts to be paid pursuant this Section 17.3 provided Celestica has given 5 days of products and services, for which Customer shall provide notice to sonnen immediately under Section 6.4 of sonnen, Inc’s Terms & Conditions, Customer shall provide prior written notice of any defect to sonnen within 10 days after discovery of such defecta request. (g) Should sonnen be unable to repair or replace defective products or re-perform defective services to the agreed-upon standard within 60 days after written notice from Customer of such defect, Customer shall xxxxx xxxxxx a 10-day cure period in writing. Should sonnen fail to replace defective products or re-perform defective services to the agreed-upon standard within such 10-day cure period after written notice from Customer, Customer shall have the right to request reimbursement of the purchase price of the Covered Product. For clarity, sonnen’s obligations under this paragraph run from the date that sonnen was actually notified of the defect, not the date that Customer’s Authorized Installer was first notified of the defect. (h) sonnen’s liability with respect to any product, including without limitation sonnen’s obligation to repair or replace defective products or to re-perform defective services, shall be excluded if (i) Customer fails to inspect products or services as required under Section 6.4 of sonnen, Inc’s Terms & Conditions or elsewhere in those Terms, (ii) Customer fails to inform sonnen about defects as required under Sections 6.4 of the Terms & Conditions or section (e) or (f) above or elsewhere in this Warranty document, (iii) Customer fails to observe product operating and maintenance instructions provided by sonnen, (iv) any product or product part has been opened, modified, repaired, processed, replaced or installed, or any other work has been performed in relation to or that affects any product, by a non-certified or otherwise unauthorized person, or (v) any other act or omission has occurred that otherwise has resulted in a loss of the Limited Product Warranty. (i) In the event sonnen determines that an alleged product or services defect did not exist or, if existed, was excluded from sonnen’s liability by sonnen’s Terms & Conditions, Customer shall reimburse sonnen for all costs and expenses incurred by sonnen as a result of sonnen’s attempt to repair, replace or re-perform. (j) Sonnen is not liable for product(s) damaged through installer error or installation error regardless of the installer’s status of having attended or not attended the sonnen provided Certified Installer Training. Determination of warranty coverage is as set out in this Warranty document, and at the discretion of the sonnen Applications Engineering & Technical Services team. (k) EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, THE FOREGOING REMEDIES STATE SONNEN’S SOLE AND EXCLUSIVE OBLIGATION AND CUSTOMER’s SOLE AND EXCLUSIVE REMEDY FOR A BREACH OF THE FOREGOING LIMITED WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN THIS WARRANTY AGREEMENT AND AS OTHERWISE PROVIDED BY APPLICABLE LAW, SONNEN MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MATTERS INCLUDING BUT NOT LIMITED TO FITNESS AND/OR MERCHANTABILITY. SONNEN UNDERTAKES NO RESOPONSIBILITY FOR THE QUALITY OF THE GOODS EXCEPT AS OTHERWISE PROVIDED IN THIS WARRANTY AGREEMENT. FURTHER, SONNEN ASSUMES NO RESPONSIBILITY THAT THE GOODS WILL BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH YOU MAY BE BUYING THESE GOODS, EXCEPT AS OTHERWISE PROVIDED IN THIS WARRANTY AGREEMENT OR BY APPLICABLE LAW. ALL WARRANTIES, EXPRESS OR IMPLIED, WHETHER INCLUDED HEREIN OR IMPOSED BY OPERATION OF LAW, TERMINATE AT THE END OF THE WARRANTY TERM STATED HEREIN.

Warranty Obligations. (a) During the Warranty Period, sonnen, Inc. will, at its option, repair the defective part (if economically feasible) or replace the defective part free of charge, provided that sonnen, Inc. is properly notified of the product defect within the Warranty Period, and provided that sonnen, Inc., through inspection, establishes the existence of a defect covered by this Limited Warranty. (b) Sonnen, Inc. will, at its option, use new and/or reconditioned parts in building replacement parts. Sonnen, Inc. reserves the right to use parts or products of original or improved design in the repair or replacement of the product. If sonnen, Inc. repairs or replaces a product part, its warranty continues for the remaining portion of the Warranty Period or ninety (90) days from the date of the repair or replacement, whichever is greater. (c) This Factory Limited Warranty covers sonnen, Inc.’s costs for materials necessary to reestablish trouble-free operation of the Covered Product. All repairs must be performed by a sonnen Certified Installer. (d) Costs of installation or reinstallation, costs of removal, and/or costs of labor for repair are covered only upon approval by sonnen of a “Warranty Labor Work Ticket” prior to services rendered, as described further in Section 10 below. Any such costs incurred without sonnen’s approval and prior to obtaining a Warranty Labor Work Ticket will not be paid by sonnen under this Factory Limited Warranty. (b) re-performance of defective services, or (c) payment of the reimbursement under 5(g) below. (f) Except for visible defects of products and services, for which Customer shall provide notice to sonnen immediately under Section 6.4 of sonnen, Inc’s Terms & Conditions, Customer shall provide written notice of any defect to sonnen within 10 days after discovery of such defect. (g) Should sonnen be unable to repair or replace defective products or re-perform defective services to the agreed-upon standard within 60 90 days after written notice from Customer of such defect, Customer shall xxxxx xxxxxx a 10-day cure period in writing. Should sonnen fail to replace defective products or re-perform defective services to the agreed-upon standard within such 10-day cure period after written notice from Customer, Customer shall have the right to request reimbursement of the purchase price of the Covered Product. For clarity, sonnen’s obligations under this paragraph run from the date that sonnen was actually notified of the defect, not the date that Customer’s Authorized Installer was first notified of the defect. (h) sonnen’s liability with respect to any product, including without limitation sonnen’s obligation to repair or replace defective products or to re-perform defective services, shall be excluded if (i) Customer fails to inspect products or services as required under Section 6.4 of sonnen, Inc’s Terms & Conditions or elsewhere in those Terms, (ii) Customer fails to inform sonnen about defects as required under Sections 6.4 of the Terms & Conditions or section (e) or (f) above or elsewhere in this Warranty document, (iii) Customer fails to observe product operating and maintenance instructions provided by sonnen, (iv) any product or product part has been opened, modified, repaired, processed, replaced or installed, or any other work has been performed in relation to or that affects any product, by a non-certified or otherwise unauthorized person, or (v) any other act or omission has occurred that otherwise has resulted in a loss of the Limited Product Warranty. (i) In the event sonnen determines that an alleged product or services defect did not exist or, if existed, was excluded from sonnen’s liability by sonnen’s Terms & Conditions, Customer shall reimburse sonnen for all costs and expenses incurred by sonnen as a result of sonnen’s attempt to repair, replace or re-perform. (j) Sonnen is not liable for product(s) damaged through installer error or installation error (including installation design errors) regardless of the installer’s status of having attended or not attended the sonnen provided Certified Installer Training. Determination of warranty coverage is as set out in this Warranty document, and at the discretion of the sonnen Applications Engineering & Technical Services team. (k) EXCEPT AS OTHERWISE PROVIDED BY APPLICABLE LAW, THE FOREGOING REMEDIES STATE SONNEN’S SOLE AND EXCLUSIVE OBLIGATION AND CUSTOMER’s SOLE AND EXCLUSIVE REMEDY FOR A BREACH OF THE FOREGOING LIMITED WARRANTY. EXCEPT AS EXPRESSLY PROVIDED IN THIS WARRANTY AGREEMENT AND AS OTHERWISE PROVIDED BY APPLICABLE LAW, SONNEN MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MATTERS INCLUDING BUT NOT LIMITED TO FITNESS AND/OR MERCHANTABILITY. SONNEN UNDERTAKES NO RESOPONSIBILITY FOR THE QUALITY OF THE GOODS EXCEPT AS OTHERWISE PROVIDED IN THIS WARRANTY AGREEMENT. FURTHER, SONNEN XXXXXX ASSUMES NO RESPONSIBILITY THAT THE GOODS WILL BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH YOU MAY BE BUYING THESE GOODS, EXCEPT AS OTHERWISE PROVIDED IN THIS WARRANTY AGREEMENT OR BY APPLICABLE LAW. ALL WARRANTIES, EXPRESS OR IMPLIED, WHETHER INCLUDED HEREIN OR IMPOSED BY OPERATION OF LAW, TERMINATE AT THE END OF THE WARRANTY TERM STATED HEREIN.